Senate Bill sb2962er

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  1                                 

  2         An act relating to the state judicial system;

  3         amending s. 25.241, F.S.; authorizing the

  4         Supreme Court to impose certain appearance fees

  5         on certain attorneys; providing for deposit of

  6         such fees into the state courts Grants and

  7         Donations Trust Fund; amending s. 25.383, F.S.;

  8         requiring the Supreme Court to determine court

  9         reporter certification administration fees;

10         providing for deposit of such fees into the

11         state courts Grants and Donations Trust Fund;

12         clarifying state attorney authorization to

13         charge certain fees for discovery; amending

14         25.384, F.S.; revising purposes for which Court

15         Education Trust Fund moneys must be used;

16         amending s. 27.02, F.S.; authorizing state

17         attorneys to appear in certain courts to

18         prosecute certain special laws and local

19         ordinances; providing for reimbursement of

20         state attorneys for such prosecutions; amending

21         s. 27.34, F.S.; authorizing counties and

22         municipalities to contract with, or appropriate

23         or contribute funds to the operation of,

24         various state attorneys; requiring state

25         attorneys to contract with counties and

26         municipalities to recover the costs of certain

27         services or reimburse the state for costs of

28         assigning certain attorneys for work on behalf

29         of the counties or municipalities; providing

30         contract requirements; specifying amounts of

31         rates or costs; providing for deposit of


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 1         payments into the state courts Grants and

 2         Donations Trust Fund; clarifying a prohibition

 3         against  certain state attorneys from receiving

 4         any supplemental salary under certain

 5         circumstances; requiring the Chief Financial

 6         Officer to contract with the public defender to

 7         provide certain indigent representation under

 8         certain circumstances; providing contract

 9         authorizations; prohibiting state attorneys

10         from spending certain state funds on county

11         funding obligations; providing exceptions;

12         requiring a state attorney to request

13         reimbursement by a county for certain

14         authorized short-term advance funding under

15         certain circumstances; providing limitations on

16         such funding; providing for deposit of

17         reimbursement payments into the General Revenue

18         Fund; amending s. 27.40, F.S.; clarifying when

19         a circuit Article V indigent services committee

20         must maintain and use a registry of counsel;

21         revising requirements; amending s. 27.42, F.S.;

22         clarifying membership of Article V indigent

23         services committees; clarifying when a circuit

24         Article V indigent services committee must

25         maintain and use a registry of counsel;

26         revising registry use requirements; revising

27         fee and expense allowance rate schedule

28         criteria; including the Governor and Chief

29         Justice of the Supreme Court in a distribution

30         list for certain reports; requiring the Justice

31         Administrative Commission to provide staff


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 1         support for such committees from appropriated

 2         funds; specifying separate appropriations for

 3         certain attorney's fees and expenses and other

 4         funds; requiring the Justice Administrative

 5         Commission to separately track private

 6         court-appointed counsel expenditures by

 7         category; amending s. 27.51, F.S.; expanding

 8         representation responsibilities of public

 9         defenders to include violations of special laws

10         or local ordinances; providing contracting

11         requirements; providing limitations; revising

12         representation requirements; clarifying appeal

13         procedures; amending s. 27.52, F.S.; revising

14         provisions relating to determining indigent

15         status of defendants; authorizing clerks of

16         court to contract for such determinations;

17         providing application fee requirements and

18         procedures; specifying certain required

19         financial information; specifying criteria for

20         indigent status; specifying distributions of

21         application fees; deleting certain affidavit

22         requirements; providing for disposition of

23         certain amounts recovered from certain persons;

24         amending s. 27.5303, F.S.; revising standards

25         for determining counsel's conflict of interest

26         in certain cases; revising compensation of

27         private court-appointed counsel provisions;

28         amending s. 27.5304, F.S.; revising

29         compensation of private court-appointed counsel

30         provisions; amending s. 27.54, F.S.; requiring

31         public defenders to contract with counties and


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 1         municipalities to recover the costs of certain

 2         services or reimburse the state for costs of

 3         assigning certain attorneys for work on behalf

 4         of the counties or municipalities; providing

 5         contract requirements; specifying amounts of

 6         rates or costs; providing for deposit of

 7         payments into the state courts Grants and

 8         Donations Trust Fund; prohibiting public

 9         defenders from spending certain state funds on

10         county funding obligations; providing

11         exceptions; requiring a public defender to

12         request reimbursement by a county for certain

13         authorized short-term advance funding under

14         certain circumstances; providing limitations on

15         such funding; providing for deposit of

16         reimbursement payments into the General Revenue

17         Fund; amending s. 27.562, F.S.; providing for

18         distribution of funds collected pursuant to

19         provisions providing for legal assistance and

20         liens and payments of attorney's fees or costs

21         of a public defender; amending s. 28.101, F.S.;

22         increasing a charge for petitions for

23         dissolution of marriage; amending s. 28.24,

24         F.S.; clarifying access to public records by

25         court personnel, state attorneys, public

26         defenders, and guardians ad litem; providing

27         for administrative fees for partial payments

28         and payment plans; amending s. 28.2401, F.S.;

29         increasing the additional service charge on

30         petitions seeking summary administration in

31         probate matters; providing for distribution of


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 1         the increase; amending s. 28.2402, F.S.;

 2         reducing the filing fee for a county or

 3         municipality to file a code or ordinance

 4         violation in court; providing a court cost to

 5         be assessed against the nonprevailing party;

 6         requiring allocation of certain fines to the

 7         clerk of the court to offset certain costs

 8         relating to processing violations special laws

 9         and local ordinances; amending s. 28.241, F.S.;

10         revising filing fees for trial and appellate

11         proceedings; providing exemptions from certain

12         filing fee requirements; providing for

13         deferring such fees for indigent persons;

14         revising distributions of such filing fees;

15         establishing a fee to be paid by counsel

16         appearing pro hac vice before the circuit

17         court; amending s. 28.245, F.S.; requiring

18         electronic transmittal to the Department of

19         Revenue of moneys collected by clerks of court

20         for subsequent distribution to state entities;

21         requiring moneys collected by clerks of court

22         to be distributed pursuant to the law in effect

23         at time of collection; amending s. 28.246,

24         F.S.; revising court-related fees, charges, and

25         costs information reporting requirements;

26         requiring separate identification of certain

27         amounts; requiring certain persons to enroll in

28         payment programs under certain circumstances;

29         revising a funds distribution priority

30         provision; authorizing clerks to impose and

31         collect certain service charges for certain


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 1         purposes; providing for collection fees to be

 2         in addition to certain amounts; amending s.

 3         28.345, F.S.; limiting an exemption from

 4         certain court-related fees and charges;

 5         amending s. 28.35, F.S.; replacing the Clerk of

 6         Court Operations conference with the

 7         not-for-profit Florida Clerks of Court

 8         Conference, Inc.; providing organizational and

 9         operational requirements; providing for a

10         governing board of directors; providing for

11         board membership; revising duties of the

12         conference; providing requirements for and

13         limitations on court-related functions clerks

14         may fund from certain fees, charges, costs, and

15         fines; providing for conference funding;

16         amending s. 28.36, F.S.; revising certain

17         budget proposal and operations procedures for

18         court-related functions of clerks of court;

19         providing limitations; revising requirements;

20         providing reporting requirements for certain

21         funds insufficiencies; providing

22         responsibilities of the Department of Revenue;

23         authorizing clerks of court to retain certain

24         funds under certain revenue deficit conditions;

25         revising budget proposal and implementation

26         requirements for clerks of court; providing for

27         reimbursement of the Clerks of the Court Trust

28         Fund for certain ineligible budget expenditures

29         for certain purposes; requiring the department

30         to certify certain budgets; amending s. 28.37,

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


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 1         revenues by clerks of the court; requiring

 2         clerks operating as fee officers for

 3         court-related services to determine certain

 4         fees and expenses for such services; providing

 5         for remittance of certain excess fees to a

 6         county; requiring certain deficits to be funded

 7         by a county; revising payment procedures;

 8         deleting Department of Revenue authority to

 9         adopt rules providing for penalties for failure

10         to comply with remittance; amending s. 29.005,

11         F.S.; clarifying witnesses to be paid from

12         state revenue when summoned by a state

13         attorney; requiring certain motor vehicles and

14         transportation services to be transferred to

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

16         witnesses to be paid from state revenue when

17         summoned by a public defender; amending s.

18         29.008, F.S.; revising county funding

19         requirements for certain equipment and support

20         staff; revising definitions; establishing

21         funding levels for legal aid programs;

22         requiring the Department of Revenue to withhold

23         certain revenue sharing receipts from certain

24         counties under certain circumstances;

25         specifying criteria for amounts withheld;

26         requiring the state to apply amounts withheld

27         to certain to certain payments; creating s.

28         29.0086, F.S.; creating the Article V

29         Technology Board; providing for membership;

30         providing duties and responsibilities of the

31         board; requiring a report to Legislature;


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 1         providing for future repeal; amending s.

 2         29.016, F.S.; revising purposes for which

 3         judicial branch contingency funds may be used;

 4         amending s. 34.01, F.S.; deleting a requirement

 5         that parties instituting civil actions, suits,

 6         or proceedings pay certain fees and charges to

 7         the clerk; correcting a cross-reference;

 8         amending s. 34.041, F.S.; requiring parties

 9         instituting civil actions, suits, or

10         proceedings in county court to pay certain

11         filing fees; providing for allocation of such

12         fees; providing certain exemptions from such

13         fees; clarifying application to nonindigent

14         parties; providing for filing fees in appellate

15         proceedings; authorizing clerks to impose a fee

16         upon attorneys appearing pro hac vice;

17         providing for deposit of such fees; creating s.

18         34.045, F.S.; providing for certain payments in

19         lieu of filing fees for certain filings in

20         county court; providing requirements and

21         limitations; providing allocations of certain

22         fines to offset costs incurred by clerks in

23         performing court-related functions associated

24         with violations of special laws or local

25         ordinances; amending s. 34.191, F.S.; revising

26         distribution requirements for fines and

27         forfeitures arising from offenses tried in

28         county court; amending s. 35.22, F.S.;

29         providing for collecting certain filing fees

30         and services charges; establishing a fee to be

31         paid by counsel appearing pro hac vice before a


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 1         district court of appeal; amending s. 39.0134,

 2         F.S.; providing for compensation of appointed

 3         counsel in termination of parental rights

 4         proceedings; amending s. 40.29, F.S.; requiring

 5         state attorneys, public defenders, and clerks

 6         of court to provide the Justice Administrative

 7         Commission with estimates of required payments

 8         for witnesses; providing exceptions; providing

 9         for payment of certain invoices by clerks and

10         the commission; amending s. 40.32, F.S.;

11         revising payment disbursement requirements and

12         procedures for clerks of court; amending s.

13         40.33, F.S.; revising procedures for

14         deficiencies in certain funds; creating s.

15         40.361, F.S.; providing for applicability of

16         laws relating to state budgeting and finances;

17         amending s. 43.16, F.S.; exempting the Justice

18         Administrative Commission from certain fees;

19         amending s. 44.103, F.S.; revising provisions

20         for compensating arbitrators; amending s.

21         44.108, F.S.; revising provisions for funding

22         of mediation and arbitration; amending s.

23         45.031, F.S.; increasing a service charge for

24         certain services in sales by clerks; creating

25         s. 50.0711, F.S.; authorizing clerks of circuit

26         courts to establish a court docket fund for

27         paying for publishing notice of certain filings

28         in certain newspapers; providing for funding by

29         an additional service charge to certain filing

30         fees; providing fund use requirements;

31         providing for designating and funding certain


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 1         newspapers for purposes of such publications;

 2         providing publication requirements for such

 3         newspapers; amending ss. 55.10 and 55.141,

 4         F.S.; clarifying provisions relating to fees

 5         and charges for clerks for certain services;

 6         amending s. 57.085, F.S.; clarifying certain

 7         provisions relating deferral of prepayment of

 8         court costs and fees for indigent prisoners;

 9         amending s. 61.14, F.S.; recharacterizing

10         certain fees as service charges; increasing a

11         certain charge; amending s. 61.181, F.S.;

12         deleting an obsolete time period reference;

13         amending s. 125.69, F.S.; deleting a provision

14         authorizing certain persons to prosecute

15         special laws and county ordinances; requiring

16         counties to pay attorneys appointed by court to

17         represent certain indigent defendants;

18         authorizing a county to contract with the

19         public defender for representation in certain

20         cases; amending s. 129.02, F.S.; revising a

21         county fine and forfeiture fund budget

22         provision; amending s. 142.01, F.S.; specifying

23         constituent funding sources for clerk of

24         circuit court fine and forfeiture funds;

25         amending s. 142.03, F.S.; revising provisions

26         providing for disposition of fines,

27         forfeitures, and civil penalties

28         municipalities; amending s. 142.09, F.S.;

29         requiring certain fees of witnesses and

30         officers arising from criminal causes to be

31         paid by the state; providing an exception;


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 1         amending s. 218.245, F.S.; providing additional

 2         distribution requirements for revenues

 3         attributed to increase in distribution to the

 4         Revenue Sharing Trust Fund for Municipalities;

 5         amending s. 318.14, F.S.; providing for deposit

 6         of certain court costs into a fine and

 7         forfeiture fund instead of being retained by a

 8         county; amending s. 318.15, F.S.;

 9         recharacterizing and increasing certain fees;

10         providing for an alternative distribution

11         certain charges; amending s. 318.18, F.S.;

12         clarifying application of certain civil penalty

13         deposit provisions; authorizing boards of

14         county commissioners to impose by ordinance a

15         surcharge for certain infractions or violations

16         for payment of certain bond principal and

17         interest payments; prohibiting court waiver of

18         the surcharge; providing limitations; amending

19         s. 318.21, F.S.; providing for deposit of

20         certain funds in the Grants and Donations Trust

21         Fund in the Justice Administrative Commission

22         rather than such fund in the state courts

23         system; deleting a requirement that a certain

24         percentage of certain civil penalties be

25         deposited into the General Revenue Fund;

26         deleting a provision requiring certain moneys

27         paid counties to be used for funding local

28         criminal training under certain circumstances;

29         amending s. 318.325, F.S.; providing that

30         county and municipal parking fine revenues are

31         subject to any applicable provisions of s.


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 1         318.21, F.S.; eliminating a requirement that

 2         county and municipal parking fine revenues be

 3         paid monthly to the county or municipality;

 4         eliminating a requirement that court costs

 5         assessed by a hearing officer be paid to the

 6         county; amending s. 321.05, F.S.; specifying a

 7         fine and forfeiture fund designation provision;

 8         amending s. 322.245, F.S.; requiring the

 9         Department of Highway Safety and Motor Vehicles

10         to suspend the driver license of persons

11         failing to pay certain financial obligations

12         for certain criminal offenses; providing for

13         reinstatement under certain circumstances;

14         providing the department with immunity from

15         liability for such license suspensions;

16         amending s. 327.73, F.S.; increasing a

17         dismissal fee; amending s. 372.72, F.S.;

18         specifying a fine and forfeiture fund

19         designation provision; amending s. 382.023,

20         F.S.; specifying the clerk of the circuit court

21         as the entity to retain a portion of a certain

22         filing fee; amending ss. 384.288 and 392.68,

23         F.S.; revising provisions providing for

24         compensation of certain personnel for certain

25         services and taxation of certain fees and

26         charges as court costs; amending s. 394.473,

27         F.S.; providing for compensation of attorneys

28         and expert witnesses in cases involving

29         indigent persons; amending s. 395.3025, F.S.;

30         clarifying certain patient records copying

31         charge provisions; amending s. 397.334, F.S.;


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 1         clarifying authority of counties to use certain

 2         alternative moneys to fund treatment-based drug

 3         court programs; amending s. 713.24, F.S.;

 4         recharacterizing a fee as a service charge;

 5         amending s. 721.83, F.S.; providing additional

 6         limitations on complaints in certain timeshare

 7         estate foreclosure proceedings; providing

 8         criteria for consolidate timeshare foreclosure

 9         actions; providing for an additional filing fee

10         for joined timeshare estates; amending s.

11         741.01, F.S.; increasing a fee charged for

12         issuance of a marriage license; amending s.

13         744.331, F.S.; requiring the state to pay

14         certain fees instead of counties in certain

15         cases involving indigents; amending ss. 744.365

16         and 744.3678, F.S.; providing for deferral

17         rather then waiver of certain fees; amending s.

18         766.104, F.S.; increasing a filing fee in

19         certain medical negligence case proceedings;

20         deleting a requirement that the fee be

21         established by the chief judge; amending s.

22         903.035, F.S.; removing a county attorney from

23         certain notification of bail modification

24         application requirements; amending s. 903.26,

25         F.S.; specifying a fine and forfeiture fund

26         designation provision; providing for

27         application of certain provisions to state

28         attorneys instead of county attorneys; amending

29         s. 903.28, F.S.; removing a county attorney

30         from certain notification of certain remission

31         of forfeiture application requirements;


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 1         amending s. 925.09, F.S.; requiring counties to

 2         pay reasonable fees to physicians performing

 3         autopsies; creating s. 938.10, F.S.; imposing

 4         an additional court cost against persons who

 5         plead guilty or nolo contendere to, or who are

 6         found guilty of, certain crimes against minors;

 7         requiring the clerk of the court to transfer

 8         the proceeds of the court cost to the

 9         Department of Revenue for deposit into a

10         specified trust fund to be used to fund

11         children's advocacy centers; requiring the

12         clerk of the court to retain a portion of the

13         court cost as a service charge; requiring

14         annual reports; requiring a report to the

15         Legislature; amending s. 39.3035, F.S.;

16         requiring compliance with specified statutory

17         provisions in order for a child advocacy center

18         to receive certain funding; directing the

19         Florida Network of Children's Advocacy Centers,

20         Inc., to document such compliance; amending s.

21         938.17, F.S.; providing for juvenile assessment

22         centers and school board suspension programs;

23         revising provisions relating to county

24         delinquency prevention; amending s. 938.29,

25         F.S.; deleting a provision authorizing county

26         clerks to contract to collect certain debts or

27         liens; amending s. 938.35, F.S.; authorizing

28         governing bodies of municipalities to pursue

29         collection of fees, charges, fines, and costs

30         under certain circumstances; authorizing

31         collection fees and attorney fees to be added


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 1         to certain balances owed; creating s. 939.185,

 2         F.S.; authorizing boards of county

 3         commissioners to adopt by ordinance additional

 4         court costs for certain pleadings and findings

 5         of guilt; limiting uses; specifying

 6         allocations; providing priorities of

 7         disbursements; deleting an annual financial

 8         reporting requirement; amending s. 960.001,

 9         F.S.; clarifying application of certain witness

10         notification provisions; amending s. 985.203,

11         F.S.; correcting a cross reference; amending s.

12         149, ch. 2003-402, Laws of Florida; providing

13         for repeal of certain fees, service charges,

14         and costs imposed by county ordinance and

15         special law; providing legislative intent;

16         providing a legislative declaration of

17         important state interest; providing

18         requirements for remittance of court-related

19         assessments retained by clerks of court;

20         requiring cash balances on a certain date in

21         county funds established for certain

22         court-related program purposes to be used for

23         such purposes; providing legislative intent

24         relating sharing of due process costs;

25         providing for state funding of certain due

26         process services; authorizing contractual

27         agreements to share costs associated with

28         certain due process services; requiring the

29         Division of Statutory Revision to redesignate

30         the title of chapter 40, F.S.; requiring

31         counties to pay for certain billings of certain


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 1         due process services and certain

 2         flat-fee-per-case payments; providing submittal

 3         requirements for billings for certain services;

 4         requiring the Office of the State Courts

 5         Administrator to annually prepare and

 6         disseminate a manual of court-related fees,

 7         charges, costs, and fines; requiring the

 8         Department of Management Services, with the

 9         assistance of the Auditor General, to review

10         procurement of certain state-funded services;

11         providing requirements; requiring a report;

12         authorizing the department to assist the Office

13         of the State Courts Administrator and the

14         Justice Administrative Commission with

15         competitive solicitations for procurement of

16         certain state-funded services; repealing s.

17         11.75, F.S., relating to the Joint Legislative

18         Committee on Article V of the State

19         Constitution; repealing s. 40.30, F.S.,

20         relating to required juror and witness payment

21         requisition endorsements by the State Courts

22         Administrator or a designee; repealing s.

23         142.04, F.S., relating to a requirement that

24         clerk of court issue certain certificates to

25         witnesses; repealing s. 142.05, F.S., relating

26         to a prohibition against a clerk of court

27         receiving certain fees; repealing s. 142.06,

28         F.S., relating to a prescribed payroll form;

29         repealing s. 142.07, F.S., relating to clerk of

30         court payroll requirements; repealing s.

31         142.08, F.S., relating to clerk responsibility


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 1         for certain certificates; repealing s. 142.10,

 2         F.S., relating to certain required officer

 3         accounts; repealing s. 142.11, F.S., relating

 4         to powers and duties of county commissioners

 5         relating to accounts; repealing s. 142.12,

 6         F.S., relating to audit requirements of county

 7         commissioners; repealing s. 142.13, F.S.,

 8         relating to a right of an officer to test the

 9         validity of certain bills or accounts;

10         repealing s. 939.18, F.S., relating to court

11         assessments of additional court costs for court

12         facilities; requiring the Department of Revenue

13         to adopt rules; providing requirements;

14         authorizing the Department of Financial

15         Services to adopt rules; providing

16         appropriations; providing effective dates.

17  

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

19  

20         Section 1.  Subsections (3) and (5) of section 25.241,

21  Florida Statutes, are amended to read:

22         25.241  Clerk of Supreme Court; compensation;

23  assistants; filing fees, etc.--

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

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

26  appeal or petition, $300 $250 for each case docketed, and for

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

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

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

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

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


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

 2  each attorney appearing pro hac vice, the Clerk of the Supreme

 3  Court shall collect an additional fee of $100 to be deposited

 4  into the General Revenue Fund.

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

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

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

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

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

10  Fund. The Chief Financial Officer shall deposit $250 of each

11  $300 filing fee and all other fees collected into the General

12  Revenue Fund. The Chief Financial Officer shall deposit $50 of

13  each filing fee collected into the state court's Grants and

14  Donations Trust Fund to fund court improvement projects as

15  authorized in the General Appropriations Act.

16         Section 2.  Section 25.383, Florida Statutes, as

17  amended by chapter 2003-402, Laws of Florida, is amended to

18  read:

19         25.383  Standards for court reporters; procedures;

20  rules of professional conduct, discipline, and training.--The

21  Supreme Court shall establish minimum standards and procedures

22  for qualifications, certification, discipline, and training

23  for court reporters. The Supreme Court shall determine the

24  amount of fees to charge applicants for certification and

25  renewal of certification. Fees shall be set in an amount

26  necessary to recover the full cost of administering the

27  certification process. All proceeds from fees collected

28  pursuant to this section shall be deposited into the Grants

29  and Donations Trust Fund within the state courts. The Supreme

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

31  


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 1  assist the court in exercising its powers and performing its

 2  duties under this section.

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

 4  25.384, Florida Statutes, as amended by chapter 2003-402, Laws

 5  of Florida, is amended to read:

 6         25.384  Court Education Trust Fund.--

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

 8  education and training for judges and other court personnel as

 9  defined and determined by the Florida Court Educational

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

11  and implementation of an educational program for the clerks of

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

13         Section 4.  Section 27.02, Florida Statutes, as amended

14  by chapter 2003-402, Laws of Florida, is amended to read:

15         27.02  Duties before court.--

16         (1)  The state attorney shall appear in the circuit and

17  county courts within his or her judicial circuit and prosecute

18  or defend on behalf of the state all suits, applications, or

19  motions, civil or criminal, in which the state is a party,

20  except as provided in chapters 39, 984, and 985. The intake

21  procedures of chapters 39, 984, and 985 shall apply as

22  provided therein. The state attorney shall not appear in the

23  circuit and county courts within his or her judicial circuit

24  for the purpose of prosecuting violations of special laws and,

25  unless expressly authorized, or violations of county or

26  municipal ordinances punishable by incarceration if the

27  prosecution is ancillary to a state prosecution or if the

28  state attorney has contracted with the county or municipality

29  for reimbursement for services rendered in accordance with s.

30  27.34(1), unless ancillary to a state prosecution and

31  authorized by the prosecuting attorney of the county.


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 1         (2)  The state attorney, when complying with the

 2  discovery obligation shall provide to the defendant all

 3  discovery materials required pursuant to the applicable rule

 4  of procedure, and may charge the defendant fees as provided

 5  for in s. 119.07(1)(a), not to exceed 15 cents per page for a

 6  copy of a noncertified copy of a public record. However, these

 7  fees may be deferred if the defendant has been determined to

 8  be indigent as provided in s. 27.52.

 9         Section 5.  Section 27.34, Florida Statutes, as amended

10  by chapter 2003-402, Laws of Florida, is amended to read:

11         27.34  Limitations on payment of salaries and other

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

13  state.--

14         (1)  A county or municipality may not contract with, or

15  appropriate or contribute funds to the operation of, the

16  various state attorneys as provided in this subsection for the

17  prosecution of violations of special laws, unless expressly

18  authorized, or ordinances of the county or municipality,

19  unless ancillary to a state prosecution. A state attorney

20  prosecuting violations of special laws or county or municipal

21  ordinances punishable by incarceration and not ancillary to a

22  state charge shall contract with counties and municipalities

23  to recover the full cost of services rendered on an hourly

24  basis or reimburse the state for the full cost of assigning

25  one or more full-time equivalent attorney positions to work on

26  behalf of the county or municipality. Notwithstanding any

27  other provision of law, in the case of a county with a

28  population of less than 75,000, the state attorney shall

29  contract for full reimbursement, or for reimbursement as the

30  parties otherwise agree.

31  


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 1         (a)  A contract for reimbursement on an hourly basis

 2  shall require counties and municipalities to reimburse the

 3  state attorney for services rendered at a rate of $50 per

 4  hour. If an hourly rate is specified in the General

 5  Appropriations Act, that rate shall control.

 6         (b)  A contract for assigning one or more full-time

 7  equivalent attorney positions to perform work on behalf of a

 8  county or municipality shall assign one or more full-time

 9  equivalent positions based on estimates by the state attorney

10  of the number of hours required to handle the projected

11  workload. The full cost of each full-time equivalent attorney

12  position on an annual basis shall be $50, or the amount

13  specified in the General Appropriations Act, multiplied by the

14  legislative budget request standard for available work hours

15  for one full-time equivalent attorney position, or, in the

16  absence of that standard, 1,854 hours. The contract may

17  provide for funding full-time equivalent positions in

18  one-quarter increments.

19         (c)  Persons employed by the county or municipality may

20  be provided to the state attorney to serve as special

21  investigators pursuant to the provisions of s. 27.251. Any

22  payments received pursuant to this subsection shall be

23  deposited into the Grants and Donations Trust Fund within the

24  Justice Administrative Commission for appropriation by the

25  Legislature.

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

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

28  or municipality any supplemental salary, except as provided in

29  this section.

30         (3)  Notwithstanding s. 27.25, the Chief Financial

31  Officer may contract with the state attorney of any judicial


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 1  circuit of the state for the prosecution of criminal

 2  violations of the Workers' Compensation Law and related crimes

 3  if the Chief Financial Officer contributes funds for such

 4  purposes. Such contracts may provide for the training, salary,

 5  and expenses of one or more assistant state attorneys used in

 6  the prosecution of such crimes. If the Chief Financial Officer

 7  contributes funds to the state attorney to prosecute these

 8  violations and the accused person is indigent and represented

 9  by the public defender, the Chief Financial Officer shall also

10  contract with the public defender to provide representation to

11  the person accused of these crimes. The contract may provide

12  for the training, salary, and expenses of one or more

13  assistant public defenders used in the defense of these

14  crimes.

15         (4)  Unless expressly authorized by law or in the

16  General Appropriations Act, state attorneys are prohibited

17  from spending state-appropriated funds on county funding

18  obligations under s. 14, Art. V of the State Constitution

19  beginning January 1, 2005. This includes expenditures on

20  communications services and facilities as defined in s.

21  29.008. This does not prohibit a state attorney from spending

22  funds for these purposes in exceptional circumstances when

23  necessary to maintain operational continuity in the form of a

24  short-term advance pending reimbursement by the county. If a

25  state attorney provides short-term advance funding for a

26  county responsibility as authorized by this subsection, the

27  state attorney shall request full reimbursement from the board

28  of county commissioners prior to making the expenditure or at

29  the next meeting of the board of county commissioners after

30  the expenditure is made. The total of all short-term advances

31  authorized by this subsection shall not exceed 2 percent of


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 1  the state attorney's approved operating budget in any given

 2  year. No short-term advances authorized by this subsection

 3  shall be permitted until all reimbursements arising from

 4  advance funding in the prior state fiscal year have been

 5  received by the state attorney. All reimbursement payments

 6  received by the state attorney pursuant to this subsection

 7  shall be deposited into the General Revenue Fund.

 8  Notwithstanding the provisions of this subsection, the state

 9  attorney may expend funds for the purchase of computer

10  systems, including associated hardware and software, and for

11  personnel related to this function.

12         Section 6.  Subsection (2), paragraph (d) of subsection

13  (3), subsection (5), paragraph (a) of subsection (7), and

14  subsection (8) of section 27.40, Florida Statutes, as created

15  by chapter 2003-402, Laws of Florida, are amended to read:

16         27.40  Court-appointed counsel; circuit registries;

17  minimum requirements; appointment by court.--

18         (2)  No later than October 1, 2004, private counsel

19  appointed by the court to provide representation shall be

20  selected from a registry established by the circuit Article V

21  indigent services committee or procured through a competitive

22  bidding process.

23         (3)  In utilizing a registry:

24         (d)  Quarterly, beginning no later than October 1, 2004

25  July 1, 2004, each circuit Article V indigent services

26  committee shall provide the Chief Justice of the Supreme

27  Court, the chief judge, the state attorney and public defender

28  in each judicial circuit, and the clerk of court in each

29  county with a current copy of each registry.

30         (5)  The Justice Administrative Commission shall

31  approve uniform contract forms for use in procuring the


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 1  services of private court-appointed counsel based on the

 2  recommendations of the Article V Indigent Services Advisory

 3  Board.

 4         (7)(a)  An attorney appointed to represent a defendant

 5  or other client is entitled to payment of attorney's fees and

 6  expenses pursuant to s. 27.5304, only upon full performance by

 7  the attorney of specified duties, approval of payment by the

 8  court, and attorney submission of a payment request to the

 9  Justice Administrative Commission. If an attorney is permitted

10  to withdraw or is otherwise removed from representation prior

11  to full performance of the duties specified in this section

12   for reasons other than breach of duty, the trial court shall

13  approve payment of attorney's fees and costs for work

14  performed in an amount not to exceed the amounts specified in

15  s. 27.5304.

16         (8)  Subject to the attorney-client privilege and the,

17  work-product privilege, an attorney who withdraws or is

18  removed from representation shall deliver all files, notes,

19  documents, and research to the successor attorney within 15

20  days after receiving notice from the successor attorney. The

21  successor attorney shall bear the cost of transmitting all

22  files, notes, documents, and research.

23         Section 7.  Paragraph (b) of subsection (1), paragraphs

24  (b) and (c) of subsection (2), and subsections (3) and (4) of

25  section 27.42, Florida Statutes, as created by chapter

26  2003-402, Laws of Florida, are amended to read:

27         27.42  Circuit Article V indigent services committees;

28  composition; staff; responsibilities; funding.--

29         (1)  In each judicial circuit a circuit Article V

30  indigent services committee shall be established. The

31  committee shall consist of the following:


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 1         (b)  The public defender of the judicial circuit, or

 2  designee from within the office of the public defender.

 3         (2)

 4         (b)  No later than October 1, 2004, each The circuit

 5  Article V indigent services committee shall maintain a

 6  registry pursuant to s. 27.40, even when unless procuring

 7  counsel through a competitive bidding process. However, if

 8  counsel is procured through a competitive bidding process, the

 9  registry shall be used only when counsel obtained through that

10  process is unable to provide representation due to a conflict

11  of interest or reasons beyond their control. The committee

12  shall apply any the eligibility and performance standards set

13  by the Legislature, if any, after receiving recommendations

14  from the Article V Indigent Services Advisory Board, for the

15  appropriate category of case.

16         (c)  Each The circuit Article V indigent services

17  committee shall develop a schedule of standard fees and

18  expense allowances for the various categories of cases

19  specified in s. 27.5303, consistent with the overall

20  compensation rates in that section and within the amount of

21  appropriated funds allocated by the Justice Administrative

22  Commission to the circuit for this purpose standards adopted

23  by the Legislature, if any, after receiving recommendations

24  from the Article V Indigent Services Advisory Board.

25         (3)  The Justice Administrative Commission shall

26  prepare and issue on a quarterly basis a statewide report

27  comparing actual year-to-date expenditures to budgeted amounts

28  for the circuit Article V indigent services committees in each

29  of the judicial circuits. Copies of these quarterly reports

30  shall be distributed to each circuit Article V indigent

31  services committee and to the Governor, the Chief Justice of


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 1  the Supreme Court, the President of the Senate, and the

 2  Speaker of the House of Representatives.

 3         (4)(a)  The funding and positions for the processing of

 4  committees' fees and expenses shall be as appropriated to the

 5  Justice Administrative Commission in the General

 6  Appropriations Act.

 7         (b)  Funds for criminal conflict attorney's case fees

 8  and expenses shall be appropriated by the Legislature in a

 9  separate appropriations category within the Justice

10  Administrative Commission. These funds shall be allocated to

11  each circuit as prescribed in the General Appropriations Act.

12         (c)  Separate funds for attorneys' fees and expenses in

13  conflict cases under chapter 394 shall be appropriated by the

14  Legislature in a separate appropriations category within the

15  Justice Administrative Commission.

16         (c)(d)  The Legislature shall appropriate separate

17  Funds for attorney's attorneys' fees and expenses for in child

18  dependency and civil conflict cases shall be appropriated by

19  the Legislature and other court-appointed counsel cases in a

20  separate appropriations category within the Justice

21  Administrative Commission.

22         (d)  Any funds the Legislature appropriates for other

23  court-appointed counsel cases shall be as appropriated within

24  the Justice Administrative Commission.

25  

26  The Justice Administrative Commission shall separately track

27  expenditures on private court-appointed counsel for the

28  following categories of cases: criminal conflict, civil

29  conflict, dependency and termination of parental rights, and

30  guardianship.

31  


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

 2  Florida Statutes, as amended by chapter 2003-402, Laws of

 3  Florida, are amended to read:

 4         27.51  Duties of public defender.--

 5         (1)  The public defender shall represent, without

 6  additional compensation, any person who is determined to be

 7  indigent under as provided in s. 27.52 and who is:

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

 9         (b)  Under arrest for, or is charged with:,

10         1.  A misdemeanor authorized for prosecution by the

11  state attorney;,

12         2.  A violation of chapter 316 which is punishable by

13  imprisonment;, or

14         3.  Criminal contempt; or,

15         4.  A violation of a special law or county or municipal

16  ordinance ancillary to a state charge, or if not ancillary to

17  a state charge, only if the public defender contracts with the

18  county or municipality to provide representation pursuant to

19  s. 27.54 and 125.69.

20         The public defender shall not provide representation

21  pursuant to paragraph (b) if unless the court, prior to trial,

22  files in the cause an order of no imprisonment as provided in

23  s. 27.512 which states that the defendant will not be

24  imprisoned if he or she is convicted;

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

26  petition filed before a circuit court;

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

28  involuntarily placed as a mentally ill person under part I of

29  chapter 394, involuntarily committed as a or sexually violent

30  predator under part V of chapter 394, or involuntarily

31  admitted to residential services as a person with


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 1  developmental disabilities under chapter 393. However, A

 2  public defender shall not does not have the authority to

 3  represent any person who is a plaintiff in a civil action

 4  brought under the Florida Rules of Civil Procedure, the

 5  Federal Rules of Civil Procedure, or the federal statutes, or

 6  represent who is a petitioner in a rule challenge an

 7  administrative proceeding challenging a rule under chapter

 8  120, unless specifically authorized by statute; or

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

10  handling prosecuting an appeal to the Supreme Court; or.

11         (f)  Is appealing a matter in a case arising under

12  paragraphs (a)-(d).

13         (4)  The public defender for the a judicial circuit

14  specified enumerated in this subsection shall, after the

15  record on appeal is transmitted to the appellate court by the

16  office of the public defender which handled the trial and if

17  requested by any public defender within the indicated

18  appellate district, handle all circuit court felony appeals

19  within the state courts system and any authorized appeals to

20  the state and federal courts required of the official making

21  such request:

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

23  behalf of any public defender within the district comprising

24  the First District Court of Appeal.

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

26  behalf of any public defender within the district comprising

27  the Second District Court of Appeal.

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

29  on behalf of any public defender within the district

30  comprising the Third District Court of Appeal.

31  


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

 2  on behalf of any public defender within the district

 3  comprising the Fourth District Court of Appeal.

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

 5  on behalf of any public defender within the district

 6  comprising the Fifth District Court of Appeal.

 7         Section 9.  Section 27.52, Florida Statutes, as amended

 8  by chapter 2003-402, Laws of Florida, is amended to read:

 9         27.52  Determination of indigent status indigence.--

10         (1)  The clerk of the circuit court shall determine if

11  a the indigence of each person applying for appointment of a

12  public defender or private attorney or any other due process

13  court-related services is indigent using a form developed by

14  the Supreme Court based on indigence. If the defendant is

15  incarcerated, the public defender shall obtain the information

16  necessary for the clerk to make the determination of

17  indigence. The clerk may contract with third parties to

18  perform this function. This determination may be made at any

19  stage of the proceedings. Before appointing the public

20  defender or a private attorney, or providing any other

21  court-related service based on indigent status indigence, the

22  court shall receive the determination of indigent status

23  indigence from the clerk. If the clerk has not made this

24  determination at the time a person requests appointment of a

25  public defender or private attorney or provision of any other

26  due process court-related services, the court shall make a

27  preliminary determination of indigent status indigence,

28  pending further review verification by the clerk, and may

29  appoint counsel or authorize the provision of any other due

30  process services on an interim basis. The applicant may seek

31  review of the clerk's determination denying indigent status


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 1  indigence in the court having jurisdiction over the matter at

 2  the next scheduled hearing. If the applicant seeks review of

 3  the clerk's determination, the court shall make a final

 4  determination.

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

 6  defender or private attorney or any other due process

 7  court-related services based on indigent status indigence

 8  shall pay a $40 application fee to the clerk of court for each

 9  affidavit filed, regardless of the number of required due

10  process services requested in a case and submit a completed

11  affidavit containing the financial information required under

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

13  appears before the clerk and requests assistance in completing

14  the affidavit containing financial information and the clerk

15  must notify the court if a person is unable to complete the

16  affidavit after the clerk has provided assistance. The duty of

17  the clerk in determining indigence shall be limited to

18  receiving the affidavit of indigence executed by the

19  individual seeking the determination and comparing the

20  information provided in the affidavit to the standard of

21  indigence established by law. The determination of indigence

22  shall be a ministerial act of the clerk and not a decision

23  based on further investigation or the exercise of independent

24  judgment by the clerk. The application fee shall be paid at

25  the time the financial affidavit is filed or within 7 days

26  thereafter. If, in a criminal proceeding, the application fee

27  is not paid prior to the disposition of the case, the clerk

28  shall advise the sentencing judge of this fact and the court

29  shall:

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

31  or as a condition of probation; or


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

 2         (b)  The applicant shall submit, except in the case of

 3  incapacity communicated through the public defender, a

 4  completed affidavit containing the following financial

 5  information:

 6         1.  Net income, consisting of total salary and wages,

 7  minus deductions required by law, including court-ordered

 8  support payments.

 9         2.  Other income, including, but not limited to, social

10  security benefits, union funds, veterans' benefits, workers'

11  compensation, other regular support from absent family

12  members, public or private employee pensions, unemployment

13  compensation, dividends, interest, rent, trusts, and gifts.

14         3.  Assets, including, but not limited to, cash,

15  savings accounts, bank accounts, stocks, bonds, certificates

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

17  motor vehicle or in other tangible property.

18         (3)  After reviewing the affidavit and questioning the

19  applicant, the clerk shall make one of the following

20  determinations:

21         (a)  The applicant is indigent; or

22         (b)  The applicant is not indigent.

23         (4)(a)  An applicant, including an applicant who is a

24  minor or an adult tax-dependent person, is indigent if:

25         1.  The income of the person is equal to or below 200

26  percent of the then-current federal poverty guidelines

27  prescribed for the size of the household of the applicant by

28  the United States Department of Health and Human Services or

29  if the person is receiving Temporary Assistance for Needy

30  Families-Cash Assistance, poverty-related veterans' benefits,

31  or Supplemental Security Income (SSI); or


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 1         2.  The person is unable to pay for the services of an

 2  attorney without substantial hardship to his or her family.

 3         (b)  In determining whether an applicant is indigent,

 4  the clerk shall determine whether any of the following facts

 5  exist, and the existence of any such fact creates a

 6  presumption that the applicant is not indigent:

 7         1.  The person has been released on bail in the amount

 8  of $5,000 or more;

 9         2.  The person owns, or has equity in, any intangible

10  or tangible personal property or real property or the

11  expectancy of an interest in any such property; or

12         3.  The person retained private counsel immediately

13  before or after filing the affidavit asserting indigent status

14  pursuant to subsection (2).

15  

16  If the clerk finds discrepancies between the financial

17  affidavit and the investigation of assets, the clerk shall

18  submit the information to the court and the court shall

19  determine whether the public defender or private attorney

20  shall continue representation, or whether the authorization

21  for any other due process services previously authorized shall

22  be revoked. The person may be heard regarding the information

23  discovered by the clerk. If the court, based on the

24  information provided, determines that the person is not

25  indigent, the court shall order the public defender or private

26  attorney to discontinue representation and revoke the

27  provision of any other authorized due process services.

28  Notwithstanding any provision of law, court rule, or

29  administrative order to the contrary, the clerk of the court

30  shall assign the first $40 of any fees or costs paid by an

31  indigent person as payment of the application fee. A person


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 1  found to be indigent shall not be refused counsel or other

 2  required due process services for failure to pay the fee.

 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 court-related services based on

11  indigence for failure to pay the application fee. The

12  defendant shall pay a separate application fee for each

13  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 defendant may be heard regarding

30  the information discovered by the clerk. If the court, based

31  on the information provided, determines that the defendant is


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 1  not indigent, the court shall order the public defender or

 2  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 should a person found to be

 7  indigent be refused counsel for failure to pay the fee.

 8         (5)(e)  All application fees shall be transferred

 9  monthly by the clerk of the court to the Department of Revenue

10  for deposit to the Indigent Criminal Defense Trust Fund,

11  administered by the Justice Administrative Commission, to be

12  used to supplement the general revenue funds appropriated by

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

14  court may retain 2 percent of application fees collected

15  monthly for administrative costs prior to remitting the

16  remainder to the Department of Revenue.

17         (f)  The affidavit must contain the following financial

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

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

20  deductions required by law, including court-ordered support

21  payments.

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

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

24  workers' compensation, other regular support from absent

25  family members, public or private employee pensions,

26  unemployment compensation, dividends, interest, rent, trusts,

27  and gifts.

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

29  savings accounts, bank accounts, stocks, bonds, certificates

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

31  motor vehicle or in other tangible property.


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

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

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

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

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

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

 7  interest in the proceeding.

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

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

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

11  situation to the court."

12         (3)(a)  After reviewing the affidavit and questioning

13  the applicant, the clerk shall make one of the following

14  determinations:

15         1.  The applicant is indigent.

16         2.  The applicant is not indigent.

17         (b)  An applicant, including an applicant who is a

18  minor or an adult tax-dependent person, is indigent if:

19         1.  The income of the person is equal to or below 200

20  percent of the then-current federal poverty guidelines

21  prescribed for the size of the household of the applicant by

22  the United States Department of Health and Human Services or

23  if the person is receiving Temporary Assistance for Needy

24  Families-Cash Assistance, poverty-related veterans' benefits,

25  or Supplemental Security Income (SSI); or

26         2.  The person is unable to pay for the services of an

27  attorney without substantial hardship to his or her family.

28         (c)  In determining whether an applicant is indigent,

29  the clerk shall determine whether any of the following facts

30  exist, and the existence of any such fact creates a

31  presumption that the applicant is not indigent:


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 1         1.  The defendant has been released on bail in the

 2  amount of $5,000 or more.

 3         2.  The defendant owns, or has equity in, any

 4  intangible or tangible personal property or real property or

 5  the expectancy of an interest in any such property.

 6         3.  The defendant retained private counsel immediately

 7  before or after filing the affidavit asserting indigence

 8  pursuant to subsection (2).

 9         (6)(d)  A nonindigent parent or legal guardian of an

10  applicant who is a minor or an adult tax-dependent person

11  shall furnish the minor or adult tax-dependent person with the

12  necessary legal services and costs incident to a delinquency

13  proceeding or, upon transfer of such person for criminal

14  prosecution as an adult pursuant to chapter 985, a criminal

15  prosecution, in which the person has a right to legal counsel

16  under the Constitution of the United States or the

17  Constitution of the State of Florida. The failure of a parent

18  or legal guardian to furnish legal services and costs under

19  this section does not bar the appointment of legal counsel

20  pursuant to s. 27.40 or s. 27.5303. When the public defender,

21  a special assistant public defender appointed pursuant to s.

22  27.53(2), or a private attorney is appointed to represent a

23  minor or an adult tax-dependent person in any proceeding in

24  circuit court or in a criminal proceeding in any other court,

25  the parents or the legal guardian shall be liable for payment

26  of the fees, charges, and costs of the representation even if

27  the person is a minor being tried as an adult. Liability for

28  the fees, charges, and costs of the representation shall be

29  imposed in the form of a lien against the property of the

30  nonindigent parents or legal guardian of the minor or adult

31  


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 1  tax-dependent person. The lien shall be enforceable as

 2  provided in s. 27.561 or s. 938.29.

 3         (7)(4)  If the trial court determines that any

 4  applicant, through fraud or misrepresentation, was erroneously

 5  or improperly determined to be indigent, the state attorney

 6  shall, in the name of the state, proceed against the applicant

 7  for the reasonable value of the services rendered, including

 8  all fees, charges, and costs paid by the state in his or her

 9  behalf. Twenty-five percent of any amount recovered by the

10  state attorney shall be remitted to the Department of Revenue

11  for deposit into the Grants and Donations Trust Fund within

12  the Justice Administrative Commission for appropriation by the

13  Legislature to the state attorney. Seventy-five percent of any

14  amount recovered shall be remitted to the Department of

15  Revenue for deposit into the General Revenue Fund.

16         (5)  An individual determined to be indigent and

17  seeking to defer payment of fees, charges, or costs imposed by

18  operation of law or order of the court under this section or

19  any other provision of general law imposing fees, charges, or

20  costs, shall be enrolled by the clerk in a payment program to

21  recover unpaid costs in full, with periodic payment amounts

22  corresponding to the individual's ability to pay.

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

24  subsection (3) of section 27.5303, Florida Statutes, as

25  created by chapter 2003-402, Laws of Florida, are amended to

26  read:

27         27.5303  Public defenders; conflict of interest.--

28         (1)

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

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

31  standards contained in the Uniform Standards for Use in


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 1  Conflict of Interest Cases found in appendix C to the Final

 2  Report of the Article V Indigent Services Advisory Board dated

 3  January 6, 2004 adopted by the Legislature after receiving

 4  recommendations from the Article V Indigent Services Advisory

 5  Board.

 6         (3)  Private court-appointed counsel shall be

 7  compensated as provided in s. 27.5304 in accordance with

 8  compensation standards adopted by the Legislature after

 9  receiving recommendations from the Article V Indigent Services

10  Advisory Board.

11         Section 11.  Subsections (1), (2), (4), (5), and (6) of

12  section 27.5304, Florida Statutes, as created by chapter

13  2003-402, Laws of Florida, are amended to read:

14         27.5304  Private court-appointed counsel;

15  compensation.--

16         (1)  Private court-appointed counsel shall be

17  compensated by the Justice Administrative Commission in an

18  amount accordance with standards adopted by the Legislature

19  after receiving recommendations from the Article V Indigent

20  Services Advisory Board. However, compensation shall not to

21  exceed the maximum fee limits established in by this section.

22  The attorney also shall be reimbursed for reasonable and

23  necessary expenses in accordance with s. 29.007. If the

24  attorney is representing a defendant charged with more than

25  one offense in the same case, the attorney shall be

26  compensated at the rate provided for the most serious offense

27  for which he or she represented the defendant. This section

28  does not allow stacking of the fee limits established by this

29  section.

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

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


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

 2  intended billing, together with supporting affidavits and all

 3  other necessary documentation, to the Justice Administrative

 4  Commission. The Justice Administrative Commission shall review

 5  the billings, affidavit, and documentation for completeness

 6  and compliance with contractual and statutory requirements. If

 7  the Justice Administrative Commission objects to any portion

 8  of the proposed billing, the objection and reasons therefor

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

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

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

12  costs, or related expenses together with supporting affidavits

13  and all other necessary documentation. The motion must specify

14  whether the Justice Administrative Commission objects to any

15  portion of the billing or the sufficiency of documentation

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

17  attachments shall be served on the Justice Administrative

18  Commission. The Justice Administrative Commission shall have

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

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

21  expenses. The Justice Administrative Commission may contract

22  with other public or private entities or individuals to appear

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

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

25  expenses. The fact that the Justice Administrative Commission

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

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

28  The court retains primary authority and responsibility for

29  determining the reasonableness of all billings for attorney's

30  fees, costs, and related expenses, subject to statutory

31  limitations. Before final disposition of a case, a private


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 1  court-appointed counsel may file a motion for fees, costs, and

 2  related expenses for services completed up to the date of the

 3  motion in any case or matter in which legal services have been

 4  provided by the attorney for more than 1 year. The amount

 5  approved by the court may not exceed 80 percent of the fees

 6  earned, or costs and related expenses incurred, to date, or an

 7  amount proportionate to the maximum fees permitted under this

 8  section based on legal services provided to date, whichever is

 9  less. The court may grant the motion if counsel shows that

10  failure to grant the motion would work a particular hardship

11  upon counsel.

12         (4)  By January 1 of each year, 2004, the Article V

13  Indigent Services Advisory Board shall recommend to the

14  Legislature any adjustments to the existing compensation

15  provisions of this section schedules for criminal proceedings

16  and any proposed compensation standards for private attorneys

17  providing representation in civil proceedings in which private

18  court-appointed counsel is required.

19         (5)(a)  If counsel is entitled to receive compensation

20  for representation pursuant to court appointment in a

21  termination of parental rights proceeding under chapter 39 s.

22  39.0134, such compensation shall not exceed $1,000 at the

23  trial level and $2,500 at the appellate level.

24         (b)  Counsel entitled to receive compensation for

25  representation pursuant to court appointment in a proceeding

26  under chapter 384 or chapter 392 shall receive reasonable

27  compensation as fixed by the court making the appointment.

28         (6)  A private attorney appointed in lieu of the public

29  defender to represent an indigent defendant may not reassign

30  or subcontract the case to another attorney or allow another

31  attorney to appear at a critical stage of a case who is does


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 1  not on the registry developed pursuant to s. 27.40 meet

 2  standards adopted by the Legislature after any recommendations

 3  from the Article V Indigent Services Advisory Board.

 4         Section 12.  Subsection (2) of section 27.54, Florida

 5  Statutes, as amended by chapter 2003-402, Laws of Florida, is

 6  amended, and subsection (4) is added to said section, to read:

 7         27.54  Limitation on payment of expenditures for public

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

 9         (2)  A county or municipality may not contract with, or

10  appropriate or contribute funds to, the operation of the

11  offices of the various public defenders as provided in this

12  subsection for the purpose of defending indigents charged with

13  violations of special laws, unless expressly authorized, or

14  with violations of ordinances of the county or municipality,

15  unless ancillary to a state prosecution. A public defender

16  defending violations of special laws or county or municipal

17  ordinances punishable by incarceration and not ancillary to a

18  state charge shall contract with counties and municipalities

19  to recover the full cost of services rendered on an hourly

20  basis or reimburse the state for the full cost of assigning

21  one or more full-time equivalent attorney positions to work on

22  behalf of the county or municipality. Notwithstanding any

23  other provision of law, in the case of a county with a

24  population of less than 75,000, the public defender shall

25  contract for full reimbursement, or for reimbursement as the

26  parties otherwise agree.

27         (a)  A contract for reimbursement on an hourly basis

28  shall require a county or municipality to reimburse the public

29  defender for services rendered at a rate of $50 per hour. If

30  an hourly rate is specified in the General Appropriations Act,

31  that rate shall control.


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 1         (b)  A contract for assigning one or more full-time

 2  equivalent attorney positions to perform work on behalf of the

 3  county or municipality shall assign one or more full-time

 4  equivalent positions based on estimates by the public defender

 5  of the number of hours required to handle the projected

 6  workload. The full cost of each full-time equivalent attorney

 7  position on an annual basis shall be $50, or the amount

 8  specified in the General Appropriations Act, multiplied by the

 9  legislative budget request standard for available work hours

10  for one full-time equivalent attorney position, or, in the

11  absence of that standard, 1,854 hours. The contract may

12  provide for funding full-time equivalent positions in

13  one-quarter increments.

14         (c)  Any payments received pursuant to this subsection

15  shall be deposited into the Grants and Donations Trust Fund

16  within the Justice Administrative Commission for appropriation

17  by the Legislature.

18         (4)  Unless expressly authorized by law or in the

19  General Appropriations Act, public defenders are prohibited

20  from spending state-appropriated funds on county funding

21  obligations under s. 14, Art. V of the State Constitution

22  beginning January 1, 2005. This includes expenditures on

23  communications services and facilities as defined in s.

24  29.008. This does not prohibit a public defender from spending

25  funds for these purposes in exceptional circumstances when

26  necessary to maintain operational continuity in the form of a

27  short-term advance pending reimbursement from the county. If a

28  public defender provides short-term advance funding for a

29  county responsibility as authorized by this subsection, the

30  public defender shall request full reimbursement from the

31  board of county commissioners prior to making the expenditure


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 1  or at the next meeting of the board of county commissioners

 2  after the expenditure is made. The total of all short-term

 3  advances authorized by this subsection shall not exceed 2

 4  percent of the public defender's approved operating budget in

 5  any given year. No short-term advances authorized by this

 6  subsection shall be permitted until all reimbursements arising

 7  from advance funding in the prior state fiscal year have been

 8  received by the public defender. All reimbursement payments

 9  received by the public defender shall be deposited into the

10  General Revenue Fund. Notwithstanding the provisions of this

11  subsection, the public defender may expend funds for the

12  purchase of computer systems, including associated hardware

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

14         Section 13.  Section 27.562, Florida Statutes, as

15  amended by chapter 2003-402, Laws of Florida, is amended to

16  read:

17         27.562  Disposition of funds.--The first $40 of all

18  funds collected pursuant to s. 938.29 shall be deposited into

19  the Indigent Criminal Defense Trust Fund pursuant to s.

20  27.525. The remaining funds collected pursuant to s. 938.29

21  shall be distributed as follows:

22         (1)  Twenty-five percent shall be remitted to the

23  Department of Revenue for deposit into the Justice

24  Administrative Commission's Indigent Criminal Defense Trust

25  Fund.

26         (2)  Seventy-five percent shall be remitted to the

27  Department of Revenue for deposit into the General Revenue

28  Fund.

29  

30  The Justice Administrative Commission shall account for funds

31  deposited into the Indigent Criminal Defense Trust Fund by


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 1  circuit. Appropriations from the fund shall be proportional to

 2  each circuit's collections. All funds collected pursuant to s.

 3  938.29, except the application fee imposed under s. 27.52,

 4  shall be remitted to the Department of Revenue for deposit

 5  into the General Revenue Fund. All judgments entered pursuant

 6  to this part shall be in the name of the state.

 7         Section 14.  Paragraph (c) of subsection (1) of section

 8  28.101, Florida Statutes, is amended to read:

 9         28.101  Petitions and records of dissolution of

10  marriage; additional charges.--

11         (1)  When a party petitions for a dissolution of

12  marriage, in addition to the filing charges in s. 28.241, the

13  clerk shall collect and receive:

14         (c)  A charge of $55 $18. On a monthly basis, the clerk

15  shall transfer the moneys collected pursuant to this paragraph

16  to the Department of Revenue for deposit in the Domestic

17  Violence Trust Fund. Such funds which are generated shall be

18  directed to the Department of Children and Family Services for

19  the specific purpose of funding domestic violence centers.

20         Section 15.  Effective June 1, 2004, an additional

21  service charge of $4 per page shall be paid to the clerk of

22  the circuit court for each instrument listed in section

23  28.222, Florida Statutes, except for a judgment received from

24  the court or a notice of lis pendens, recorded in the official

25  records. The funds collected shall be remitted to the

26  Department of Revenue for deposit into the Clerks of the Court

27  Trust Fund for appropriation by law for the purpose of

28  addressing cash-flow problems that may arise in clerk of the

29  court offices during July and August of 2004, and shall be

30  distributed pursuant to the provisions of section 28.36,

31  Florida Statutes. This section expires July 1, 2004.


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 1         Section 16.  The introductory paragraph and subsections

 2  (12) and (26) of section 28.24, Florida Statutes, as amended

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

 4         28.24  Service charges by clerk of the circuit

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

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

 7  instruments and in performing the duties enumerated in amounts

 8  not to exceed those specified in this section. Notwithstanding

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

10  court shall provide without charge to the state attorney,

11  public defender, and guardian ad litem, and to the authorized

12  staff acting on behalf of each, any justice or judge, to any

13  court staff acting on behalf of any justice or judge, and to

14  any state attorney or public defender access to and a copy

15  copies of any public record, if the requesting party is

16  entitled by law to view the exempt or confidential record

17  records, notwithstanding the exempt or confidential nature of

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

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

20  the Florida Rules of Judicial Administration. The clerk of the

21  circuit court may provide the requested public record in an

22  electronic format in lieu of a paper format when capable of

23  being accessed by the requesting entity.

24  

25                                                         Charges

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

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

28  required notice to property appraiser where applicable:

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

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

31  


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 1         (c)  For indexing instruments recorded in the official

 2  records which contain more than four names, per additional

 3  name......................................................1.00

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

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

 6  Records Modernization Trust Fund for each instrument listed in

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

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

 9         1.  First page.....................................1.00

10         2.  Each additional page...........................0.50

11  

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

13  exclusively for equipment and maintenance of equipment,

14  personnel training, and technical assistance in modernizing

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

16  duty of maintaining official records exists in an office other

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

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

19  deposited into the trust fund for equipment, maintenance of

20  equipment, training, and technical assistance in modernizing

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

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

23  travel expenses, membership dues, bank charges,

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

25  construction costs, general operating expenses, or other costs

26  not directly related to obtaining and maintaining equipment

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

28  office supplies and equipment not related to the storage of

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

30  December 1 of each year immediately preceding each year during

31  which the trust fund is scheduled for legislative review under


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

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

 3  Modernization Trust Fund with the President of the Senate and

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

 5  itemize each expenditure made from the trust fund since the

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

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

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

 9  personnel training, and technical assistance. The report must

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

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

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

13  fund.

14         (e)  An additional service charge of $4 per page shall

15  be paid to the clerk of the circuit court for each instrument

16  listed in s. 28.222, except judgments received from the courts

17  and notices of lis pendens, recorded in the official records.

18  From the additional $4 service charge collected:

19         1.  If the counties maintain legal responsibility for

20  the costs of the court-related technology needs as defined in

21  ss. 29.008(1)(f)2. and 29.008(1)(h), 10 cents shall be

22  distributed to the Florida Association of Court Clerks and

23  Comptroller, Inc., for the cost of development,

24  implementation, operation, and maintenance of the clerks'

25  Comprehensive Case Information System; $1.90 shall be retained

26  by the clerk to be deposited in the Public Records

27  Modernization Trust Fund and used exclusively for funding

28  court-related technology needs of the clerk as defined in ss.

29  29.008(1)(f)2. and 29.008(1)(h); and $2 shall be distributed

30  to the board of county commissioners to be used exclusively to

31  fund court-related technology, and court technology needs as


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 1  defined in ss. 29.008(1)(f)2. and 29.008(1)(h) for the state

 2  trial courts, state attorney and public defender in that

 3  county. If the counties maintain legal responsibility for the

 4  costs of the court-related technology needs as defined in ss.

 5  29.008(1)(f)2. and 29.008(1)(h), notwithstanding any other

 6  provision of law, the county is not required to provide

 7  additional funding beyond that provided herein for the

 8  court-related technology needs of the clerk as defined in ss.

 9  29.008(1)(f)2. and 29.008(1)(h). All court records and

10  official records are the property of the State of Florida,

11  including any records generated as part of the Comprehensive

12  Case Information System funded pursuant to this paragraph and

13  the clerk of court is designated as the custodian of such

14  records. The clerk of court or any entity acting on behalf of

15  the clerk of court, including an association, shall not charge

16  a fee to any agency as defined in s. 119.011, the Legislature,

17  or the State Court System for copies of records generated by

18  the Comprehensive Case Information System or held by the clerk

19  of court or any entity acting on behalf of the clerk of court,

20  including an association.

21         2.  If the state becomes legally responsible for the

22  costs of court-related technology needs as defined in ss.

23  29.008(1)(f)2. and 29.008(1)(h), whether by operation of

24  general law or by court order, $4 shall be remitted to the

25  Department of Revenue for  deposit into the General Revenue

26  Fund.

27         (26)(a)  For receiving and disbursing all restitution

28  payments, per

29  payment.......................................3.00

30         (b)  For receiving and disbursing all partial payments,

31  other than restitution payments, for which an administrative


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 1  processing service charge is not imposed pursuant to s.

 2  28.246, per month

 3  ..................................................5.00

 4         (c)  For setting up a payment plan, a one-time

 5  administrative processing charge in lieu of a per month charge

 6  under paragraph

 7  (b)........................................25.00

 8         Section 17.  Subsection (3) of section 28.2401, Florida

 9  Statutes, as amended by chapter 2003-402, Laws of Florida,  is

10  amended to read:

11         28.2401  Service charges in probate matters.--

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

13  petitions seeking summary administration, formal

14  administration, ancillary administration, guardianship,

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

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

17  Revenue for deposit into the Court Education Trust Fund and

18  shall transfer 50 cents to the Department of Revenue for

19  deposit into the Department of Financial Services'

20  Administrative Trust Fund to fund clerk education. No

21  additional fees, charges, or costs shall be added to the

22  service charges imposed under this section, except as

23  authorized by general law.

24         Section 18.  Section 28.2402, Florida Statutes, as

25  created by chapter 2003-402, Laws of Florida, is amended to

26  read:

27         28.2402  Cost recovery; use of the circuit court for

28  ordinance or special law violations Additional costs for

29  performance of clerk court-related functions.--

30         (1)(a)  In lieu of payment of a filing fee under s.

31  28.241, a filing fee of $10 The sum of $200 shall be paid by


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 1  assessed to a county or municipality when filing a county or

 2  municipal code or ordinance violation or violation of a

 3  special law in circuit court. This The $200  fee shall be paid

 4  to the clerk of the circuit and county court for performing

 5  court-related functions.

 6         (b)  No other filing fee may be assessed for filing the

 7  violation in circuit court. If a person contests the violation

 8  in court, the court shall assess $40 in costs against the

 9  nonprevailing party. The county or municipality shall be

10  considered the prevailing party when there is a finding of

11  violation to any count or lesser included offense of the

12  charge. Costs recovered pursuant to this paragraph shall be

13  deposited into the clerk's fine and forfeiture fund

14  established pursuant to s. 142.01.

15         (2)  To offset costs incurred by the clerks of the

16  court in performing court-related functions associated with

17  the processing of violations of special laws and municipal

18  ordinances, 10 percent of the total amount of fines paid to

19  each municipality for special law or ordinance violations

20  filed in circuit court shall be retained by the clerk of the

21  court for deposit into the clerk's fine and forfeiture fund

22  established pursuant to s. 142.01, except for fines a portion

23  of which the clerk of the court retains pursuant to any other

24  provision of state law.

25         Section 19.  Subsections (1) and (2) of section 28.241,

26  Florida Statutes, as amended by chapter 2003-402, Laws of

27  Florida, are amended, and subsections (5) and (6) are added to

28  said section, to read:

29         28.241  Filing fees for trial and appellate

30  proceedings.--

31  


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

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

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

 4  there are not more than five defendants and an additional

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

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

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

 8  General Revenue Fund,; and $5 must be remitted to the

 9  Department of Revenue for deposit into the Department of

10  Financial Services' Administrative Trust Fund to fund the

11  contract with the Florida Clerks Clerk of Court Operations

12  Corporation created in s. 28.35 Operations Conference; and

13  $2.50 shall be paid to the clerk for each civil action brought

14  in circuit or county court, to be remitted by the clerk to the

15  Department of Revenue for deposit into the Court Education

16  Trust Fund. One-third of any filing fees collected by the

17  clerk of the circuit court in excess of $55 $57.50 shall be

18  remitted to the Department of Revenue for deposit into the

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

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

21  clerk shall remit $3.50 to the Department of Revenue for

22  deposit into the Court Education Trust Fund and shall remit 50

23  cents to the Department of Revenue for deposit into the

24  Department of Financial Services Administrative Trust Fund to

25  fund clerk education. An additional filing fee of up to $15

26  shall be paid by the party seeking each severance that is

27  granted. The clerk may impose an additional filing fee of up

28  to $75 for all proceedings of garnishment, attachment,

29  replevin, and distress. Postal charges incurred by the clerk

30  of the circuit court in making service by certified or

31  registered mail on defendants or other parties shall be paid


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 1  by the party at whose instance service is made. No additional

 2  fees, charges, or costs shall be added to the filing fees

 3  imposed under this section, except as authorized herein or by

 4  general law.

 5         (b)  A party reopening any civil action, suit, or

 6  proceeding in the circuit court shall pay to the clerk of

 7  court a filing fee set by the clerk in an amount not to exceed

 8  $50. For purposes of this section, a case is reopened when a

 9  case previously reported as disposed of is resubmitted to a

10  court and includes petitions for modification of a final

11  judgment of dissolution. A party is exempt from paying the fee

12  for any of the following:

13         1.  A writ of garnishment;

14         2.  A writ of replevin;

15         3.  A distress writ;

16         4.  A writ of attachment;

17         5.  A motion for rehearing filed within 10 days;

18         6.  A motion for attorney's fees filed within 30 days

19  after entry of a judgment or final order;

20         7.  A motion for dismissal filed after a mediation

21  agreement has been filed;

22         8.  A disposition of personal property without

23  administration;

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

25  personal representative;

26         10.  Any guardianship pleading prior to discharge;

27         11.  Any mental health pleading;

28         12.  Motions to withdraw by attorneys;

29         13.  Motions exclusively for the enforcement of child

30  support orders;

31         14.  A petition for credit of child support;


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 1         15.  Stipulations;

 2         16.  Responsive pleadings; or

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

 4         (2)  Upon the institution of any appellate proceeding

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

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

 7  provided in s. 34.041(5), or from the circuit court to an

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

 9  collect from the party or parties instituting such appellate

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

11  $250 for filing a notice of appeal from the county court to

12  the circuit an inferior court and, in addition to the filing

13  fee required under s. 25.241 or s. 35.22, $50 or for filing a

14  notice of appeal from the circuit court to the district court

15  of appeal or to the Supreme Court to a higher court. If the

16  party is determined to be indigent, the clerk shall defer

17  payment of the fee. The clerk shall remit the first $50 to the

18  Department of Revenue for deposit into the General Revenue

19  Fund. One-third of the fee collected by the clerk in excess of

20  $50 also shall be remitted to the Department of Revenue for

21  deposit into the Clerks of the Court Trust Fund.

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 shall collect a fee of $100 for

27  deposit into the General Revenue Fund.

28         Section 20.  Section 28.245, Florida Statutes, as

29  amended by chapter 2003-402, Laws of Florida, is amended to

30  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 any state entity must be

 5  transmitted electronically to the Department of Revenue for

 6  appropriate distribution. A uniform remittance form provided

 7  by the Department of Revenue detailing the specific amounts

 8  due each fund must accompany such submittal. All moneys

 9  collected by the clerks of court for remittance to any entity

10  must be distributed pursuant to the law in effect at the time

11  of collection.

12         Section 21.  Section 28.246, Florida Statutes, as

13  created by chapter 2003-402, Laws of Florida, is amended to

14  read:

15         28.246  Payment of court-related fees, charges, and

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

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

18  court shall report the following information to the

19  Legislature and the Clerk of Court Operations Conference on a

20  form developed by the Department of Financial Services:

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

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

23  total amount discharged, or waived, or otherwise not assessed;

24  and the total amount collected.

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

26  charges, and costs authorized; the total amount actually

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

28  amount collected.

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

30  monetary penalties; the total amount assessed; the total

31  


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 1  amount discharged, or waived, or otherwise not assessed; and

 2  the total amount collected.

 3         (d)  The maximum amount of discretionary fines and

 4  other monetary penalties; the total amount assessed; the total

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

 6  

 7  If provided to the clerk of court by the judge, the clerk, in

 8  reporting the amount assessed, shall separately identify the

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

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

11  satisfied by time served; or other. The form developed by the

12  Chief Financial Officer shall include separate entries for

13  recording these amounts. The clerk shall submit the report on

14  a quarterly basis 30 days after the end of the quarter for the

15  period from July 1, 2003, through June 30, 2004, and on an

16  annual basis thereafter, 60 days after the end of the county

17  fiscal year.

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

19  maintain a system of accounts receivable for court-related

20  fees, charges, and costs.

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

22  assessments shall be enforced by order of the courts,

23  collected by the clerks of the circuit and county courts, and

24  disbursed in accordance with authorizations and procedures as

25  established by general law. Each clerk of the circuit court

26  shall enter into a payment plan with defendants determined to

27  be indigent and demonstrating an inability to pay

28  court-related fees, charges, and costs in full.

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

30  partial payments for unpaid court-related fees, service

31  charges, and costs, and fines in accordance with the terms of


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 1  an established payment plan. An individual seeking to defer

 2  payment of fees, service charges, costs, or fines imposed by

 3  operation of law or order of the court under any provision of

 4  general law, and determined by the court to be unable to make

 5  payment in full, shall be enrolled by the clerk in a payment

 6  program, with periodic payment amounts corresponding to the

 7  individual's ability to pay.

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

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

10  according to the following order of priority:

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

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

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

14  General Revenue Fund.

15         (b)  That portion of fees, services charges, court

16  costs, and fines which are required to be retained by the

17  clerk of the court or deposited into the Clerks of the Court

18  Trust Fund.

19         (c)(b)  That portion of fees, service charges, court

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

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

22  collection amount is insufficient to fully fund all such funds

23  as provided by law.

24         (d)(c)  That portion of fees, service charges, court

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

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

27  various authorized recipients if the total collection amount

28  is insufficient to fully fund all such recipients as provided

29  by law.

30  

31  


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 1  To offset processing costs, clerks may impose either a

 2  per-month service charge pursuant to s. 28.24(26)(b) or a

 3  one-time administrative processing service charge at the

 4  inception of the payment plan pursuant to s. 28.24(26)(c)

 5  retain up to 1 percent of all collections of fees, service

 6  charges, court costs, and fines payable to other entities,

 7  except where otherwise provided in general law.

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

 9  fees, service charges, fines, court costs, and liens for the

10  payment of attorney's fees and costs pursuant to s. 938.29 or

11  other costs imposed by the court which remain unpaid for 90

12  days or more, or refer the account such collection to a

13  private attorney who is a member in good standing of The

14  Florida Bar or collection agent who is registered and in good

15  standing pursuant to chapter 559. In pursuing the collection

16  of such unpaid financial obligations through a private

17  attorney or collection agent, the clerk of the court must have

18  attempted to collect the unpaid amount through a collection

19  court, collections docket, or other collections process, if

20  any, established by the court, find determine this to be is

21  cost-effective and follow any applicable procurement

22  practices. The collection fee, including any reasonable

23  attorney's fee, paid to any attorney or collection agent

24  retained by the clerk may be added to the balance owed in an

25  amount not to exceed 40 percent of the amount owed at the time

26  the account is referred to the attorney or agent for

27  collection.

28         Section 22.  Section 28.345, Florida Statutes, as

29  created by chapter 2003-402, Laws of Florida, is amended to

30  read:

31  


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 1         28.345  Exemption from court-related fees and

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

 3  or law to the contrary, judges, state attorneys, guardians ad

 4  litem, and public defenders, acting in their official

 5  capacity, and state agencies, are exempt from all

 6  court-related fees and charges assessed by the clerks of the

 7  circuit courts.

 8         Section 23.  Section 28.35, Florida Statutes, as

 9  created by chapter 2003-402, Laws of Florida, is amended to

10  read:

11         28.35  Florida Clerks Clerk of Court Operations

12  Corporation Conference.--

13         (1)(a)  The Florida Clerks of Court Operations

14  Corporation is hereby created as a public corporation

15  organized to perform the functions specified in this section.

16  All clerks of the circuit court shall be members of the

17  corporation and hold their position and authority in an ex

18  officio capacity. The functions assigned to the corporation

19  shall be performed by an executive council pursuant to the

20  plan of operation approved by the members.

21         (b)  The executive council shall be composed of The

22  Clerk of Court Operations conference is created and shall be

23  composed of:

24         (a)  eight clerks of the court elected by the clerks of

25  the courts for a term of 2 years, with two clerks from

26  counties with a population of fewer than 100,000 residents,

27  two clerks from counties with a population of at least 100,000

28  residents but fewer than 500,000 residents, two clerks from

29  counties with a population of at least 500,000 residents but

30  fewer than 1 million residents, and two clerks from counties

31  with a population of more than 1 million residents.


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 1         (c)  For the purposes of s. 199.183(1), the corporation

 2  shall be considered a political subdivision of the state and

 3  shall be exempt from the corporate income tax. The corporation

 4  is not subject to the procurement provisions of chapter 287

 5  and policies and decisions of the corporation relating to

 6  incurring debt, levying assessments, and the sale, issuance,

 7  continuation, terms, and claims under corporation policies,

 8  and all services relating thereto, are not subject to the

 9  provisions of chapter 120.

10         (d)  The functions assigned to the corporation under

11  this section and ss. 28.36 and 28.37 are considered to be for

12  a valid public purpose. (b)  The Chief Justice of the Supreme

13  Court or his or her designee.

14         (2)  The duties of the corporation conference shall

15  include the following:

16         (a)  Adopting a plan of operation.

17         (b)  Conducting the election of directors as required

18  in paragraph (1)(a).

19         (c)(a)  Periodically Recommending to the Legislature

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

21  charges, and court costs cost schedules established by law to

22  ensure reasonable and adequate funding of the clerks of the

23  court in the performance of their court-related functions.

24         (d)(b)  Pursuant to contract with the Chief Financial

25  Officer, establishing a process for the review and

26  certification approval of proposed court-related proposed

27  budgets submitted by clerks of the court for completeness and

28  compliance with this section and ss. 28.36 and 28.37. This

29  process shall be designed and be of sufficient detail to

30  permit independent verification and validation of the budget

31  certification. The contract shall specify the process to be


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 1  used in determining compliance by the corporation with this

 2  section and ss. 28.36 and 28.37 pursuant to s. 28.36.

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

 4  Chief Financial Officer, and the Department of Revenue which

 5  clerks of court will have court-related revenues insufficient

 6  to fund the anticipated court-related functions of their

 7  offices and the actions taken to resolve any deficits pursuant

 8  to s. 28.36.

 9         (e)(d)  Developing and certifying approving a uniform

10  system of performance measures accountability measurements and

11  applicable performance standards for the functions specified

12  in paragraph (4)(a) and each clerk performance in meeting the

13  performance standards of the court. These measures and

14  standards shall be designed to facilitate an objective

15  determination of the performance of each clerk in accordance

16  with minimum standards for must assess the fiscal management,

17  operational efficiency efficient operations, and effective

18  collection of fines, fees, service charges, and court costs

19  using data reported in s. 28.246 as well as other data. When

20  the corporation finds a clerk has not met the performance

21  standards, the corporation shall identify the nature of each

22  deficiency and any corrective action recommended and taken by

23  the affected clerk of the court.

24         (f)  Reviewing and certifying proposed budgets

25  submitted by clerks of the court utilizing the process

26  approved by the Chief Financial Officer pursuant to paragraph

27  (d) for the purpose of making the certification in subsection

28  (3)(a). As part of this process, the corporation shall:

29         1.  Calculate the maximum authorized annual budget

30  pursuant to the requirements of s. 28.36.

31  


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 1         2.  Identify those proposed budgets exceeding the

 2  maximum annual budget pursuant to s. 28.36(5) for the standard

 3  list of court-related functions.

 4         3.  Identify those proposed budgets containing funding

 5  for items not included on the standard list of court-related

 6  functions developed pursuant to paragraph (3)(a).

 7         4.  Identify those clerks projected to have

 8  court-related revenues insufficient to fund their anticipated

 9  court-related expenditures.

10         (g)  Developing and conducting clerk education

11  programs.

12         (3)(a)  The Clerk of Court Operations Corporation shall

13  certify to the President of the Senate, the Speaker of the

14  House of Representatives, the Chief Financial Officer, and the

15  Department of Revenue by October 15 of each year, the amount

16  of the proposed budget certified for each clerk; the revenue

17  projection supporting each clerk's budget; each clerk eligible

18  to retain some or all of the state's share of fines, fees,

19  service charges, and costs; the amount to be paid to each

20  clerk from the Clerks of the Court Trust Fund within the

21  Department of Revenue; the performance measures and standards

22  approved by the conference for each clerk; and the performance

23  of each clerk in meeting the performance standards.

24         (b)  Prior to December 1 of each year, the Chief

25  Financial Officer shall review the certifications made by the

26  corporation for the purpose of determining compliance with the

27  approved process and report its findings to the President of

28  the Senate, the Speaker of the House of Representatives and to

29  the Department of Revenue. To determine compliance with this

30  process, the Chief Financial Officer may examine the budgets

31  submitted to the corporation by the clerks.


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 1         (4)(a)  The list of court-related functions clerks may

 2  fund from filing fees, service charges, court costs, and fines

 3  shall be limited to those functions expressly authorized by

 4  law or court rule. Those functions must include the following:

 5  case maintenance; records management; court preparation and

 6  attendance; processing the assignment, reopening, and

 7  reassignment of cases; processing of appeals; collection and

 8  distribution of fines, fees, service charges, and court costs;

 9  processing of bond forfeiture payments; payment of jurors and

10  witnesses; data collection and reporting; processing of

11  jurors; determinations of indigent status; and reasonable

12  administrative support costs to enable the clerk of the court

13  to carry out these court-related functions.

14         (b)  The list of functions clerks may not fund from

15  filing fees, service charges, court costs, and fines shall

16  include:

17         1.  Those functions not specified within paragraph (a).

18         2.  Functions assigned by administrative orders which

19  are not required for the clerk to perform the functions in

20  paragraph (a).

21         3.  Enhanced levels of service which are not required

22  for the clerk to perform the functions in paragraph (a).

23         4.  Functions identified as local requirements in law

24  or local optional programs.

25         (c)(e)  Publishing a uniform schedule of actual maximum

26  fines, fees, service charges, and costs that may be charged by

27  a clerk of the court for court-related functions pursuant to

28  general law that reflects any adjustments based on changes in

29  the Consumer Price Index. Effective July 1, 2004, the schedule

30  shall reflect the maximum fines, fees, service charges, and

31  costs established by general law. The schedule may be adjusted


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 1  on or after October 1, 2005, and no more frequently than

 2  annually thereafter, by the average percentage change in the

 3  Consumer Price Index issued by the United States Department of

 4  Labor since the last adjustment by the conference. Any

 5  adjustment to the schedule authorized in this paragraph must

 6  be affirmatively approved by a majority of the clerks of the

 7  circuit courts before such adjustments may take effect.

 8         (5)(3)  The corporation Clerk of Court Operations

 9  conference shall be funded pursuant to contract with the Chief

10  Financial Officer. Funds shall be provided to the Chief

11  Financial Officer for this purpose as appropriated by general

12  law maintain a public depository to receive funds for its

13  operations. The Clerk of Court Operations Conference shall

14  receive a portion of the fees collected by the clerk for

15  filing a civil action in circuit court as specified in s.

16  28.241. These funds shall be available to the corporation

17  conference for the performance of the duties and

18  responsibilities as set forth in this section. The corporation

19  conference may hire staff and pay for other expenses from

20  these funds this fund only as necessary to perform the

21  official duties and responsibilities of the corporation

22  conference as described in this section.

23         (6)(a)(4)  The corporation Clerk of Court Operations

24  conference shall submit an annual audited financial statement

25  to the Auditor General in a form and manner prescribed by the

26  Auditor General. The Auditor General shall conduct an annual

27  audit of the operations of the corporation conference,

28  including the use of funds and compliance with the provisions

29  of this section and ss. 28.36 and 28.37.

30         (b)  Certified public accountants conducting audits of

31  counties pursuant to s. 218.39 shall report, as part of the


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 1  audit, whether or not the clerks of the courts have complied

 2  with the budgets certified by the Florida Clerk of Courts

 3  Operations Corporation pursuant to the budget review process

 4  pursuant to contract with the Chief Financial Officer and with

 5  the performance standards developed and certified pursuant to

 6  this section. The Auditor General shall develop a compliance

 7  supplement for the audit of compliance with the budgets and

 8  applicable performance standards certified by the corporation.

 9         Section 24.  Section 28.36, Florida Statutes, as

10  created by chapter 2003-402, Laws of Florida, is amended to

11  read:

12         28.36  Budget review and approval procedure.--There is

13  hereby established a budget procedure for the court-related

14  functions of the clerks of the court.

15         (1)  Only those functions on the standard list

16  developed pursuant to s. 28.35(4)(a) may be funded from fees,

17  service charges, court costs, and fines retained by the clerks

18  of the court. No clerk may use fees, service charges, court

19  costs, and fines in excess of the maximum budget amounts as

20  established in subsection (5).

21         (2)(1)  For the period July 1, 2004, through September

22  30, 2004, and for each county fiscal year ending September 30

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

24  relating solely to the performance of the standard list of

25  court-related functions pursuant to s. 28.35(4)(a).

26         (3)(2)  Each proposed budget shall further conform to

27  the following requirements:

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

29  2004, through September 30, 2004, and On or before August 1

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

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


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 1  county to the Clerk of Court Operations Corporation Conference

 2  in the manner and form prescribed by the conference. The

 3  proposed budget must provide detailed information on the

 4  anticipated revenues available and expenditures necessary for

 5  the performance of the standard list of court-related

 6  functions of the clerk's office developed pursuant to s.

 7  28.35(4)(a) for the county fiscal year beginning the following

 8  October 1.

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

10  the total of the estimated revenues available must equal or

11  exceed the total of the anticipated expenditures. These

12  revenues include the following: cash balances brought forward

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

14  from fees, service charges, court costs, and fines for

15  court-related functions during the fiscal period covered by

16  the budget; and supplemental revenue that may be requested

17  pursuant to subsection (4)(3); and the contingency reserve

18  authorized in paragraph (c). The anticipated expenditures must

19  be itemized as required by the corporation, pursuant to

20  contract with the Chief Financial Officer Clerk of Court

21  Operations conference.

22         (c)  The proposed budget may include a contingency

23  reserve not to exceed 10 percent of the total budget, provided

24  that, overall, the proposed budget does not exceed the limits

25  prescribed in subsection (5).

26         (4)(3)  If a clerk of the court estimates that

27  available funds plus projected revenues from fines, fees,

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

29  insufficient to meet the anticipated expenditures for the

30  standard list of court-related functions in s. 28.35(4)(a)

31  performed by his or her office, the clerk must report the


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 1  revenue budget deficit to the Clerk of Court Operations

 2  Corporation conference in the manner and form prescribed by

 3  the corporation pursuant to contract with the Chief Financial

 4  Officer conference. The corporation conference shall verify

 5  that the proposed budget is limited to the standard list of

 6  court-related functions in s. 28.35(4)(a) determine whether

 7  the clerk is meeting his or her performance standards for the

 8  current year relating to fiscal management, efficient

 9  operations, and the effective collection of fines, fees,

10  service charges, and costs.

11         (a)  If the corporation verifies that the proposed

12  budget is limited to the standard list of court-related

13  functions in s. 28.35(4)(a) conference determines that a clerk

14  is meeting his or her performance standards for fiscal

15  management, operational efficiency; efficient operations; and

16  effective collection of fines, fees, service charges, and

17  costs; and a revenue deficit is projected, a that clerk

18  seeking to retain revenues pursuant to this subsection shall

19  increase all fines, fees, service charges, and any other

20  court-related clerk fees and charges costs to the maximum

21  amounts specified by law or the amount necessary to resolve

22  the deficit, whichever is less. If, after increasing such

23  fines, fees, service charges, and any other court-related

24  clerk fees and charges to the maximum amounts specified by law

25  costs, a revenue budget deficit is still projected, the

26  corporation conference shall, pursuant to the terms of the

27  contract with the Chief Financial Officer, certify a revenue

28  deficit and notify the Department of Revenue that the that

29  clerk is authorized to retain revenues, in an amount necessary

30  to fully fund the projected revenue deficit, which he or she

31  would otherwise be required to remit to the Department of


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 1  Revenue for deposit into the Department of Revenue Clerks of

 2  the Court Trust Fund pursuant to s. 28.37. If a revenue budget

 3  deficit is projected for that clerk after retaining all of the

 4  projected collections from the court-related fines, fees,

 5  service charges, and costs, the Department of Revenue

 6  conference shall certify the amount of the revenue deficit

 7  amount to the Executive Office of the Governor and request

 8  release authority for funds appropriated for this purpose from

 9  the Department of Revenue   s Clerks of the Court Trust Fund.

10  Notwithstanding provisions of s. 216.192 related to the

11  release of funds, the Executive Office of the Governor may

12  approve the release of funds appropriated to resolve projected

13  revenue deficits in accordance with the notice, review, and

14  objection procedures set forth in s. 216.177 and shall provide

15  notice to the Chief Financial Officer. An amount equal to the

16  deficit is hereby appropriated each year from The Department

17  of Revenue is directed to request monthly distributions from

18  the Chief Financial Officer in equal amounts to each clerk

19  certified to have a revenue deficit, in accordance with the

20  releases approved by the Governor of Revenue Clerks of the

21  Court Trust Fund, without further legislative action, period

22  after period, until altered or revoked by the Legislature. The

23  Department of Revenue is directed to make a monthly

24  distribution of equal amounts to each clerk certified to have

25  a deficit until the Clerk of Court Operations Conference

26  certifies a different amount to be distributed.

27         (b)  If the Department of Revenue finds the

28  court-related budget proposed by a clerk includes functions

29  not included in the standard list of court-related functions

30  in s. 28.35(3)(a), the department shall notify the clerk of

31  the amount of the proposed budget not eligible to be funded


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

 2  functions. The clerk shall then immediately discontinue the

 3  expenditures of funds for this purpose and reimburse the

 4  Clerks of the Court Trust Fund for any expenditures incurred

 5  to date for these functions The Clerk of Court Operations

 6  Conference shall notify the Governor, the President of the

 7  Senate, and the Speaker of the House of Representatives prior

 8  to taking actions specified in this subsection. The

 9  notification shall include a certification by the conference

10  that all of the conditions in this subsection have been met.

11         (4)  The Clerk of Court Operations Conference must

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

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

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

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

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

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

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

19  to each clerk; and the performance measures and standards

20  approved by the conference for each clerk.

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

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

23  for the standard list of court-related functions of the clerks

24  of court in s. 28.35(4)(a) that may be funded from fees,

25  service charges, court costs, and fines retained by the clerks

26  of the court shall authorized by the Clerk of Court Operations

27  Conference for each clerk may not exceed:

28         1.  One hundred and three 103 percent of the clerk's

29  estimated actual expenditures for the prior county fiscal

30  year; or

31  


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 1         2.  One hundred and five percent of the clerk's

 2  estimated expenditures for the prior county fiscal year for

 3  those clerks in counties that for calendar years 1998-2002

 4  experienced an average annual increase of at least 5 percent

 5  in both population and case filings for all case types as

 6  reported through the Summary Reporting System used by the

 7  state courts system for court-related functions that are

 8  required by law effective July 1, 2004. The conference shall

 9  use the clerk's actual expenditures for the prior county

10  fiscal year for court-related functions as reported by the

11  Chief Financial Officer based on the county financial

12  reporting required under s. 218.32.

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

14  budget amount for the standard list of court-related functions

15  of the clerks of court in s. 28.35(4)(a) that may be funded

16  from fees, service charges, court costs, and fines retained by

17  the clerks of the court authorized by the conference for each

18  clerk budget shall be the approved budget for county fiscal

19  year 2004-2005 adjusted by the projected percentage change in

20  revenue between the county fiscal years 2004-2005 and

21  2005-2006.

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

23  thereafter, the maximum budget amount for the standard list of

24  court-related functions of the clerks of court in s.

25  28.35(4)(a) that may be funded from fees, service charges,

26  court costs, and fines retained by the clerks of the court

27  authorized by the conference for each clerk shall be

28  established by first rebasing the prior fiscal year budget to

29  reflect the actual percentage change in the prior fiscal year

30  revenue and then adjusting the rebased prior fiscal year

31  budget by the projected percentage change in revenue 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 between the two

 6  12-month periods ending June 30, 2005, and June 30, 2006. This

 7  result is the rebased budget for the county fiscal year

 8  2005-2006. Then the rebased budget for the county fiscal year

 9  2005-2006 shall be adjusted by the projected percentage change

10  in revenue between the county fiscal years 2005-2006 and

11  2006-2007. This result shall be the maximum annual budget

12  amount for the standard list of court-related functions of the

13  clerks of court in s. 28.35(4)(a) that may be funded from

14  fees, service charges, court costs, and fines retained by the

15  clerks of the court authorized by the conference for each

16  clerk for the county fiscal year 2006-2007.

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

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

19  the actual percentage change in revenue between the two

20  12-month periods ending June 30, 2006, and June 30, 2007. This

21  result is the rebased budget for the county fiscal year

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

23  shall be adjusted by the projected percentage change in

24  revenue between the county fiscal years 2006-2007 and

25  2007-2008. This result shall be the maximum annual budget

26  amount for the standard list of court-related functions of the

27  clerks of court in s. 28.35(4)(a) that may be funded from

28  fees, service charges, court costs, and fines retained by the

29  clerks of the court authorized by the conference for each

30  clerk budget for county fiscal year 2007-2008.

31  


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

 2  the maximum budget amount for the standard list of

 3  court-related functions of the clerks of court in s.

 4  28.35(4)(a) that may be funded from fees, service charges,

 5  court costs, and fines retained by the clerks of the court

 6  authorized by the conference for each clerk budget shall be

 7  calculated as the rebased budget for the prior county fiscal

 8  year adjusted by the projected percentage change in revenues

 9  between the prior county fiscal year and the county fiscal

10  year for which the maximum budget amount is being authorized.

11  The rebased budget for the prior county fiscal year shall

12  always be calculated by adjusting the rebased budget for the

13  year preceding the prior county fiscal year by the actual

14  percentage change in revenues between the 12-month period

15  ending June 30 of the year preceding the prior county fiscal

16  year and the 12-month period ending June 30 of the prior

17  county fiscal year.

18         (6)  The corporation Clerk of Court Operations

19  conference may submit proposed legislation to the Governor,

20  the President of the Senate, and the Speaker of the House of

21  Representatives no later than November 1 in any year for

22  approval of clerk budget request amounts exceeding the

23  restrictions in this section for the following October 1. If

24  proposed legislation is recommended, the corporation

25  conference shall also submit supporting justification with

26  sufficient detail to identify the specific proposed

27  expenditures that would cause the limitations to be exceeded

28  for each affected clerk and the estimated fiscal impact on

29  state revenues.

30         Section 25.  Subsection (2) of section 28.37, Florida

31  Statutes, is amended, subsections (3) and (4) of said section


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 1  are renumbered as subsections (4) and (5), respectively, and

 2  amended, and a new subsection (3) is added to said section, to

 3  read:

 4         28.37  Fines, fees, service charges, and costs remitted

 5  to the state.--

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

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

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

 9  the court during the prior month for the performance of

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

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

12  Court Trust Fund. These collections do not include funding

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

14  collections and disbursement program. The clerk of the court

15  shall remit the revenues collected during the prior month due

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

17  Department of Revenue shall make a monthly transfer of the

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

19  Fund that are not needed to resolve clerk of the court revenue

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

21  Revenue Fund.

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

23  2004, those clerks operating as fee officers for court-related

24  services shall determine the amount of fees collected and

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

26  generated during this period shall be remitted to the county

27  on December 31, 2004. However, any billings for payment of due

28  process services rendered before July 1, 2004, may be paid by

29  the clerk from these funds. Due process services shall

30  include, but not be limited to, court reporter services, court

31  interpreter services, expert witness services, mental health


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 1  evaluations, and court-appointed counsel services.  In

 2  addition, any deficit experienced by the clerk for

 3  court-related services during the period from October 1, 2003,

 4  to June 30, 2004, shall be funded by the county.

 5         (4)(3)  Beginning January 1, 2005, for the period July

 6  1, 2004, through September 30, 2004, and each January 1

 7  thereafter for the preceding county fiscal year of October 1

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

 9  Department of Revenue for deposit in the General Revenue Fund

10  the cumulative excess of all fees, service charges, court

11  costs, and fines retained by the clerks of the court statutory

12  fines, fees, service charges, and costs collected for the

13  clerk's court-related functions over the amount needed to meet

14  the approved budget amounts established under s. 28.36.

15         (5)(4)  The Department of Revenue shall adopt rules

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

17  General Revenue Fund under this section, the required forms

18  and procedures, and penalties for failure to comply. The

19  Department of Revenue shall collect any funds that the

20  corporation Clerk of Court Operations conference determines

21  upon investigation were due on January 1 but not remitted to

22  the department.

23         Section 26.  Subsections (3) and (5) of section 29.005,

24  Florida Statutes, as amended by chapter 2003-402, Laws of

25  Florida, are amended to read:

26         29.005  State attorneys' offices and prosecution

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

28  State Constitution, the elements of the state attorneys'

29  offices to be provided from state revenues appropriated by

30  general law are as follows:

31  


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

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

 3  a criminal case when the witnesses are summoned by a state

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

 5  hearing by law or whomever the state attorney deems necessary

 6  for the performance of his or her duties.

 7         (5)  Reasonable transportation services in the

 8  performance of constitutional and statutory responsibilities.

 9  Motor vehicles owned by the counties and provided exclusively

10  to state attorneys as of July 1, 2003, and any additional

11  vehicles owned by the counties and provided exclusively to

12  state attorneys during fiscal year 2003-2004 shall be

13  transferred by title to the state effective July 1, 2004.

14         Section 27.  Subsections (3) and (5) of section 29.006,

15  Florida Statutes, as amended by chapter 2003-402, Laws of

16  Florida, are amended to read:

17         29.006  Public defenders and indigent defense

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

19  State Constitution, the elements of the public defenders'

20  offices to be provided from state revenues appropriated by

21  general law are as follows:

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

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

24  a criminal case when the witnesses are summoned on behalf of

25  an indigent defendant, and any other expert witnesses required

26  in a court hearing by law or whomever the public defender

27  deems necessary for the performance of his or her duties

28  approved by the court.

29         (5)  Reasonable transportation services in the

30  performance of constitutional and statutory responsibilities.

31  Motor vehicles owned by counties and provided exclusively to


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 1  public defenders as of July 1, 2003, and any additional

 2  vehicles owned by the counties and provided exclusively to

 3  public defenders during fiscal year 2003-2004 shall be

 4  transferred by title to the state effective July 1, 2004.

 5         Section 28.  Paragraphs (a), (b), (d), and (f) of

 6  subsection (1) and paragraph (a) of subsection (3) of section

 7  29.008, Florida Statutes, as amended by chapter 2003-402, Laws

 8  of Florida, are amended, and subsection (4) is added to said

 9  section, to read:

10         29.008  County funding of court-related functions.--

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

12  State Constitution to fund the cost of communications

13  services, existing radio systems, existing multiagency

14  criminal justice information systems, and the cost of

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

16  facilities for the circuit and county courts, public

17  defenders' offices, state attorneys' offices, guardian ad

18  litem offices, and the offices of the clerks of the circuit

19  and county courts performing court-related functions. For

20  purposes of this section, the term "circuit and county courts"

21  shall include the offices and staffing of the guardian ad

22  litem programs. For purposes of implementing these

23  requirements, the term:

24         (a)  "Facility" means reasonable and necessary

25  buildings and office space and appurtenant equipment and

26  furnishings, structures, real estate, easements, and related

27  interests in real estate, including, but not limited to, those

28  for the purpose of housing legal materials for use by the

29  general public and personnel, equipment, or functions of the

30  circuit or county courts, public defenders' offices, state

31  attorneys' offices, and court-related functions of the office


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 1  of the clerks of the circuit and county courts and all

 2  storage. The term also includes access to parking for such

 3  facilities in connection with such court-related functions

 4  that may be available free or from a private provider or a

 5  local government for a fee. The office space provided by a

 6  county may not be less than the standards for space allotment

 7  adopted by the Department of Management Services. County

 8  funding must include physical modifications and improvements

 9  to all facilities as are required for compliance with the

10  Americans with Disabilities Act. Upon mutual agreement of a

11  county and the affected entity in this paragraph, the office

12  space provided by the county may vary from the standards for

13  space allotment adopted by the Department of Management

14  Services. This section applies only to facilities that are

15  leased, or on which construction commences, after June 30,

16  2003.

17         1.  As of July 1, 2005, equipment and furnishings shall

18  be limited to that appropriate and customary for courtrooms,

19  jury facilities, and other public areas in courthouses and any

20  other facility occupied by the courts, state attorneys, and

21  public defenders.

22         2.  Equipment and furnishings under this paragraph in

23  existence and owned by counties on July 1, 2005, except for

24  that in the possession of the clerks, for areas other than

25  courtrooms, jury facilities, and other public areas in

26  courthouses and any other facility occupied by the courts,

27  state attorneys, and public defenders, shall be transferred to

28  the state at no charge. This provision does not apply to any

29  communication services as defined in s. 29.008(1)(f).

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

31  limited to, all reasonable and necessary costs of the


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 1  acquisition or lease of facilities, equipment, and furnishings

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

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

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

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

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

 7  includes expenses related to financing such facilities and the

 8  existing and future cost and bonded indebtedness associated

 9  with placing the facilities in use.

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

11  be limited to that appropriate and customary for courtrooms,

12  jury facilities, and other public areas in courthouses.

13         3.  Equipment and furnishings under this paragraph in

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

15  other than courtrooms, jury facilities, and other public areas

16  in courthouses, shall be transferred to the state at no

17  charge.

18         (d)  "Utilities" means all electricity services for

19  light, heat, and or power; natural or manufactured gas

20  services for light, heat, and or power; water and wastewater

21  services and systems, stormwater or runoff services and

22  systems, sewer services and systems, all costs or fees

23  associated with these services and systems, and any costs or

24  fees associated with the mitigation of environmental impacts

25  directly related to the facility.

26         (f)  "Communications services" are defined as any

27  reasonable and necessary transmission, emission, and reception

28  of signs, signals, writings, images, and sounds of

29  intelligence of any nature by wire, radio, optical, or other

30  electromagnetic systems and includes all facilities and

31  equipment owned, leased, or used by judges, clerks, public


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 1  defenders, state attorneys, and all staff of the state courts

 2  system, state attorneys' offices, public defenders' offices,

 3  and clerks of the circuit and county courts performing

 4  court-related functions. Such system or services shall

 5  include, but not be limited to:

 6         1.  Telephone system infrastructure, including computer

 7  lines, telephone switching equipment, and maintenance, and

 8  facsimile equipment, wireless communications, cellular

 9  telephones, pagers, and video teleconferencing equipment and

10  line charges. Each county shall continue to provide access to

11  a local carrier for local and long distance service and shall

12  pay toll charges for the local and long distance service.

13  Telephone equipment, including facsimile and video

14  teleconferencing equipment, owned by the counties shall be

15  transferred to the state at no charge, effective July 1, 2004.

16         2.  All computer networks, systems and equipment,

17  including computer hardware and software, modems, printers,

18  wiring, network connections, maintenance, support staff or

19  services including any county-funded support staff located in

20  the offices of the circuit court, county courts, state

21  attorneys, and public defenders, training, supplies, and line

22  charges necessary for an integrated computer system to support

23  the operations and management of the state courts system, the

24  offices of the public defenders, the offices of the state

25  attorneys, and the offices of the clerks of the circuit and

26  county courts and the capability to connect those entities and

27  reporting data to the state as required for the transmission

28  of revenue, performance accountability, case management, data

29  collection, budgeting, and auditing purposes. The integrated

30  computer system shall be operational by July January 1, 2006,

31  and, at a minimum, permit the exchange of financial,


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 1  performance accountability, case management, case disposition,

 2  and other data across multiple state and county information

 3  systems involving multiple users at both the state level and

 4  within each judicial circuit and must be able to

 5  electronically exchange judicial case background data,

 6  sentencing guidelines and scoresheets, and video evidence

 7  information stored in integrated case management systems over

 8  secure networks. Once the integrated system becomes

 9  operational, counties may reject requests to purchase

10  communication services included in this subparagraph not in

11  compliance with standards, protocols, or processes adopted by

12  the board established pursuant to s. 29.0086.

13         3.  Courier messenger and subpoena services.

14         4.  Auxiliary aids and services for qualified

15  individuals with a disability which are necessary to ensure

16  access to the courts. Such auxiliary aids and services

17  include, but are not limited to, sign language interpretation

18  services required under the federal Americans with

19  Disabilities Act other than services required to satisfy due

20  process requirements and identified as a state funding

21  responsibility pursuant to ss. 29.004, 29.005, 29.006, and

22  29.007, real-time transcription services for individuals who

23  are hearing impaired, and assistive listening devices and the

24  equipment necessary to implement such accommodations.

25         (3)  The following shall be considered a local

26  requirement pursuant to subparagraph (2)(a)1.:

27         (a)  Legal aid programs, which shall be funded at a

28  level equal to or greater than the amount provided from filing

29  fees and surcharges to legal aid programs from October 1,

30  2002, to September 30, 2003. Counties with a population of

31  less than 75,000 are exempt from this requirement.


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 1         (4)(a)  Except for revenues used for the payment of

 2  principal or interest on bonds, tax anticipation certificates,

 3  or any other form of indebtedness as allowed under ss.

 4  218.25(1),(2) or (4), the Department of Revenue shall withhold

 5  revenue sharing receipts distributed pursuant to part II of

 6  chapter 218 from any county not in compliance with the county

 7  funding obligations for items specified in paragraphs (1)(a),

 8  (c), (d), (e), (f), (g), and (h) and subsection (3). The

 9  department shall withhold an amount equal to the difference

10  between the amount spent by the county for the particular item

11  in county fiscal year 2002-2003, the base year, plus 3

12  percent, and the amount budgeted by the county for these

13  obligations in county fiscal year 2004-2005, if the latter is

14  less than the former. Every year thereafter, the department

15  shall withhold such an amount if the amount budgeted in that

16  year is less than the base year plus 1.5 percent growth per

17  year. On or before December 31, 2004, counties shall send to

18  the department a certified copy of their budget documents for

19  the respective 2 years, separately identifying expenditure

20  amounts for each county funding obligation specified in

21  paragraphs (1) (a), (c), (d), (e), (f), (g), and (h) and

22  subsection (3). Each year thereafter, on or before December 31

23  of that year, each county shall send a certified copy of its

24  budget document to the department.

25         (b)  Beginning in fiscal year 2005-2006, additional

26  amounts shall be withheld pursuant to paragraph (a), if the

27  amount spent in the previous fiscal year on the items

28  specified in paragraphs (1)(a), (c), (d), (e), (f), (g), and

29  (h), and subsection (3) is less than the amount budgeted for

30  those items. Each county shall certify expenditures for these

31  


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 1  county obligations for the prior fiscal year to the department

 2  within 90 days after the end of the fiscal year.

 3         (c)  The department shall transfer the withheld

 4  payments to the General Revenue Fund by March 31 of each year.

 5  These payments are hereby appropriated to the Department of

 6  Revenue to pay for these responsibilities on behalf of the

 7  county.

 8         Section 29.  Section 29.0086, Florida Statutes, is

 9  created to read:

10         29.0086  Article V Technology Board.--

11         (1)  The Article V Technology Board is created and

12  administratively housed in the Office of Legislative Services

13  within the Legislature.

14         (2)  The Board shall be composed of ten members, as

15  follows:

16         (a)  The Chief Justice of the Supreme Court, or his or

17  her designee, who shall serve as chair.

18         (b)  A person appointed by the Speaker of the House of

19  Representatives to represent executive branch agencies that

20  participate on the Criminal and Juvenile Justice Information

21  Systems Council established pursuant to s. 943.06.

22         (c)  A private sector representative appointed by the

23  Speaker of the House of Representatives with general knowledge

24  of or experience in managing enterprise integration projects;

25  however, representatives of information technology products

26  and services vendors or any of their subsidiaries that sell

27  products or services to the state shall not be appointed.

28         (d)  A person appointed by the President of the Senate

29  representing law enforcement agencies.

30         (e)  A private sector representative appointed by the

31  President of the Senate with general knowledge of or


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 1  experience in managing enterprise integration projects;

 2  however, representatives of information technology products

 3  and services vendors or any of their subsidiaries that sell

 4  products or services to the state shall not be appointed.

 5         (f)  A state attorney, appointed by the Florida

 6  Prosecuting Attorneys Association, or his or her designee.

 7         (g)  A public defender, appointed by the Florida Public

 8  Defender Association, or his or her designee.

 9         (h)  A court clerk, appointed by the Florida

10  Association of Court Clerks and Comptroller, Inc., or his or

11  her designee.

12         (i)  A county budget director, appointed by the Florida

13  Association of Counties.

14         (j)  A county management information system director,

15  appointed by the Florida Association of Counties.

16         (3)  An appointment may be made to fill a vacancy. When

17  a member must hold office to be qualified for membership on

18  the board, the member's term on the board shall expire upon

19  failure to maintain the office.

20         (4)  Board members shall serve without compensation but

21  are entitled to reimbursement for expenses incurred in

22  carrying out their duties as provided in s. 112.061. Members

23  who are public officers or employees shall be reimbursed

24  through the budget entity through which they are compensated.

25         (5)  The board shall:

26         (a)  Adopt a charter that defines the major objectives,

27  activities, and deliverables necessary to implement only the

28  requirements of this section.

29         (b)  By January 15, 2005, provide a report to the

30  Governor, the President of the Senate, the Speaker of the

31  


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 1  House of Representatives, and the Chief Justice of the Supreme

 2  Court. The report shall:

 3         1.  Identify the minimum data elements and functional

 4  requirements needed by each of the state court system entities

 5  to conduct business transactions, and needed by the

 6  legislature to maintain policy oversight.

 7         2.  Identify the security and access requirements

 8  needed to enable and maintain data integration.

 9         3.  Identify information standards and protocols for

10  data integration, to include common identifiers, common data

11  field elements, and a common data dictionary.

12         4.  Recommend policy, functional, and operational

13  changes needed to achieve necessary access to data.

14         (c)  Based upon the review and consideration of the

15  January 15, 2005, report by the Legislature, and not later

16  than January 15, 2006, provide a report to the Governor, the

17  President of the Senate, the Speaker of the House of

18  Representatives, and the Chief Justice of the Supreme Court

19  that proposes alternative integration models and analyzes

20  associated advantages and disadvantages of each model. To the

21  extent possible, standards, protocols, and processes that

22  integrate disparate network systems using open standards, and

23  data warehouse and middleware connectivity strategies that

24  maintain and leverage existing networks and information

25  systems should be considered in the report. For each

26  alternative integration model proposed, the board shall:

27         1.  Analyze and describe the specific policy,

28  functional, operational, fiscal, and technical advantages and

29  disadvantages. This shall also include an analysis of the

30  specific plans and integration requirements related to the

31  Judicial Inquiry System developed by the Office of State Court


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 1  Administrator within the Supreme Court and the Comprehensive

 2  Case Information System developed by the Florida Association

 3  of Court Clerks and Comptroller, Inc.

 4         2.  Propose a system for maintaining security to

 5  prevent unauthorized access to applications or data.

 6  

 7  The report shall also propose an operational governance

 8  structure to achieve and maintain the necessary level of

 9  integration among system users at both the state and judicial

10  circuit levels as provided for in this subsection.

11         (6)  For purposes of this section, integration shall be

12  defined as the minimum requirements needed to provide

13  authorized users of the state courts system, the legislature,

14  and authorized Executive Branch agencies access to data

15  reasonably required for the performance of official duties

16  regardless of where the data is maintained. Such access should

17  enable the secure and reliable transfer and exchange of state

18  court system and legislative reporting data across multiple

19  state and county systems involving multiple users at both the

20  state level and within each judicial circuit.

21         (7)  The board may establish workgroups as needed that

22  shall be composed of representatives from their respective

23  organizations who are knowledgeable concerning applicable

24  business functions, related data processing requirements, and

25  information system networks and infrastructure within their

26  respective jurisdiction.

27         (8)  The appointment of board members shall be

28  completed in time to allow for the initial meeting of the

29  board to be held no later than August 15, 2004.  The board

30  shall meet at the call of the chair.

31         (9)  This section is repealed effective July 1, 2006.


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 1         Section 30.  Subsection (1) of section 29.016, Florida

 2  Statutes, as created by chapter 2003-402, Laws of Florida, is

 3  amended to read:

 4         29.016  Contingency fund; judicial branch.--

 5         (1)  An appropriation may be provided in the General

 6  Appropriations Act for the judicial branch to serve as a

 7  contingency fund to alleviate deficits in contracted due

 8  process services appropriation categories, including private

 9  court-appointed counsel categories, that may occur from time

10  to time due to extraordinary events that lead to unexpected

11  expenditures.

12         Section 31.  Subsections (1) and (2) of section 34.01,

13  Florida Statutes, are amended to read:

14         34.01  Jurisdiction of county court.--

15         (1)  County courts shall have original jurisdiction:

16         (a)  In all misdemeanor cases not cognizable by the

17  circuit courts;

18         (b)  Of all violations of municipal and county

19  ordinances; and

20         (c)  Of all actions at law in which the matter in

21  controversy does not exceed the sum of $15,000, exclusive of

22  interest, costs, and attorney's fees, except those within the

23  exclusive jurisdiction of the circuit courts. The party

24  instituting any civil action, suit, or proceeding pursuant to

25  this paragraph where the amount in controversy is in excess of

26  $5,000 shall pay to the clerk of the county court the filing

27  fees and service charges in the same amounts and in the same

28  manner as provided in s. 28.241.

29         (2)  The county courts shall have jurisdiction

30  previously exercised by county judges' courts other than that

31  vested in the circuit court by s. 26.012, except that county


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 1  court judges may hear matters involving dissolution of

 2  marriage under the simplified dissolution procedure pursuant

 3  to the Rule 1.611(c), Florida Family Rules of Civil Procedure

 4  or may issue a final order for dissolution in cases where the

 5  matter is uncontested, and the jurisdiction previously

 6  exercised by county courts, the claims court, small claims

 7  courts, small claims magistrates courts, magistrates courts,

 8  justice of the peace courts, municipal courts, and courts of

 9  chartered counties, including but not limited to the counties

10  referred to in ss. 9, 10, 11, and 24, Art. VIII of the State

11  Constitution of 1885.

12         Section 32.  Section 34.041, Florida Statutes, as

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

14  read:

15         34.041  Filing fees.--

16         (1)(a)  Upon the institution of any civil action, suit,

17  or proceeding in county court, the party shall clerk of court

18  may require the plaintiff, when filing an action or

19  proceeding, to pay the following filing fee, not to exceed:

20         1.(a)  For all claims less than $100 ..............$50.

21         2.(b)  For all claims of $100 or more but not more than

22  $500 .....................................................$75.

23         3.(c)  For all claims of more than $500 but not more

24  than $2,500..............................................$150.

25         4.(d)  For all claims of more than $2,500.........$250.

26         5.(e)  In addition, for all proceedings of garnishment,

27  attachment, replevin, and distress........................$75.

28         6.(f)  For removal of tenant action................$75.

29  

30         (b)  The first $50 of the filing fee collected under

31  subparagraph (a)4. paragraph (d) shall be remitted to the


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 1  Department of Revenue for deposit into the General Revenue

 2  Fund. One-third of any filing fees collected by the clerk

 3  under this section paragraph (d) in excess of the first $50

 4  collected under subparagraph (a)4. shall be remitted to the

 5  Department of Revenue for deposit into the Department of

 6  Revenue Clerks of the Court Trust Fund. An additional filing

 7  fee of $4 shall be paid to the clerk. The clerk shall transfer

 8  $3.50 to the Department of Revenue for deposit into the Court

 9  Education Trust Fund and shall transfer 50 cents to the

10  Department of Revenue for deposit into the Department of

11  Financial Services' Administrative Trust Fund to fund clerk

12  education. Postal charges incurred by the clerk of the county

13  court in making service by mail on defendants or other parties

14  shall be paid by the party at whose instance service is made.

15  Except as provided herein, filing fees and service charges for

16  performing duties of the clerk relating to the county court

17  shall be as provided in ss. 28.24 and 28.241. Except as

18  otherwise provided herein, all filing fees shall be retained

19  as fee income of the office of the clerk of circuit court.

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

21  penalty imposed by chapter 316 or chapter 318.

22         (2)  A party reopening any civil action, suit, or

23  proceeding in the county court shall pay to the clerk of court

24  a filing fee set by the clerk in an amount not to exceed $25

25  for all claims of not more than $500 and an amount not to

26  exceed $50 for all claims of more than $500. For purposes of

27  this section, a case is reopened when a case previously

28  reported as disposed of is resubmitted to a court. A party is

29  exempt from paying the fee for any of the following:

30         1.  A writ of garnishment;

31         2.  A writ of replevin;


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 1         3.  A distress writ;

 2         4.  A writ of attachment;

 3         5.  A motion for rehearing filed within 10 days;

 4         6.  A motion for attorney's fees filed within 30 days

 5  of the entry of the judgment or final order;

 6         7.  A motion for dismissal filed after a mediation

 7  agreement has been filed;

 8         8.  A motion to withdraw by attorneys;

 9         9.  Stipulations; or

10         10.  Responsive pleadings.

11         (3)(2)  If a nonindigent party fails shall fail to pay

12  accrued costs, though able to do so, the judge shall have

13  power to deny that party the right to file any new case while

14  such costs remain unpaid and, likewise, to deny such litigant

15  the right to proceed further in any pending case pending.

16         (4)(3)  In criminal proceedings in county courts, costs

17  shall be taxed against a person in county court upon

18  conviction or estreature pursuant to chapter 939.

19         (5)(4)  Upon the institution of any appellate

20  proceeding from the county court to the circuit court,

21  including any appeal filed by a county or municipality, the

22  clerk shall charge and collect filing fees as provided in s.

23  28.241(2) there shall be charged and collected from the party

24  or parties instituting the such appellate proceedings,

25  including appeals filed by a county or municipality, filing

26  fees as provided in chapter 28. If the party is determined to

27  be indigent, the clerk shall defer payment of the fee.

28         (6)(5)  A charge or a fee may not be imposed upon a

29  party for responding by pleading, motion, or other paper to a

30  civil or criminal action, suit, or proceeding in a county

31  court or to an appeal to the circuit court.


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 1         (7)(6)  For purposes of this section, the term "party"

 2  "plaintiff" includes a county or municipality filing any civil

 3  action.

 4         (8)  From each attorney appearing pro hac vice, the

 5  clerk must collect a fee of $100 for deposit into the General

 6  Revenue Fund.

 7         Section 33.  Section 34.045, Florida Statutes, is

 8  created to read:

 9         34.045  Cost recovery; use of the county court for

10  ordinance or special law violations.--

11         (1)(a)  In lieu of payment of a filing fee under s.

12  34.041, a filing fee of $10 shall be paid by a county or

13  municipality when filing a violation of a county or municipal

14  ordinance or a violation of a special law in county court.

15  This fee shall be paid to the clerk of the court for

16  performing court-related functions.

17         (b)  No other filing fee may be assessed for filing the

18  violation in county court. If a person contests the violation

19  in court, the court shall assess $40 in costs against the

20  nonprevailing party. The county or municipality shall be

21  considered the prevailing party when there is a finding of

22  violation to any count or lesser included offense of the

23  charge. Cost recovered pursuant to this paragraph shall be

24  deposited into the clerk's fine and forfeiture fund

25  established pursuant to s. 142.01.

26         (2)  To offset costs incurred by the clerks of the

27  court in performing court-related functions associated with

28  the processing of violations of special laws and municipal

29  ordinances, 10 percent of the total amount of fines paid to

30  each municipality for special law or ordinance violations

31  filed in county court shall be retained by the clerk of the


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 1  court for deposit into the clerk's fine and forfeiture fund

 2  established pursuant to s. 142.01, except for fines a portion

 3  of which the clerk of the court retains pursuant to any other

 4  provision of state law.

 5         Section 34.  Section 34.191, Florida Statutes, as

 6  amended by chapter 2003-402, Laws of Florida, is amended to

 7  read:

 8         34.191  Fines and forfeitures; dispositions.--All fines

 9  and forfeitures arising from offenses tried in the county

10  court shall be collected and accounted for by the clerk of the

11  court and, other than the charge provided in s. 318.1215,

12  disbursed in accordance with ss. 28.2402, 34.045, 142.01, and

13  142.13 and subject to the provisions of s. 28.246(5) and (6).

14  Notwithstanding the provisions of this section, all fines and

15  forfeitures arising from operation of the provisions of s.

16  318.1215 shall be disbursed in accordance with that section.

17  All fines and forfeitures received from violations of

18  municipal ordinances committed within a municipality within

19  the territorial jurisdiction of the county court, other than

20  the charge provided in s. 318.1215, shall be paid monthly to

21  the municipality except as provided in s. 28.2402(2), s.

22  34.045(2), s. 318.21, or s. 943.25. All other fines and

23  forfeitures collected by the clerk, other than the charge

24  provided in s. 318.1215, shall be considered income of the

25  office of the clerk for use in performing court-related duties

26  of the office.

27         Section 35.  Subsections (3) and (6) of section 35.22,

28  Florida Statutes, are amended to read:

29         35.22  Clerk of district court; appointment;

30  compensation; assistants; filing fees; teleconferencing.--

31  


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 1         (3)  The clerk, upon the filing of a certified copy of

 2  a notice of appeal or petition, shall charge and collect a

 3  filing fee service charge of $300 $250 for each case docketed,

 4  and service charges as provided in s. 28.24 for copying,

 5  certifying or furnishing opinions, records, papers or other

 6  instruments and for other services the same service charges as

 7  provided in s. 28.24. The State of Florida or its agencies,

 8  when appearing as appellant or petitioner, is exempt from the

 9  filing fee required in this subsection. From each attorney

10  appearance pro hac vice, the clerk shall collect a fee of $100

11  for deposit as provided in this section.

12         (6)  The clerk of each district court of appeal is

13  required to deposit all fees collected in the State Treasury

14  to the credit of the General Revenue Fund, except that $50 of

15  each $300 filing fee collected shall be deposited into the

16  state court's Grants and Donations Trust Fund to fund court

17  improvement projects as authorized in the General

18  Appropriations Act. The clerk shall retain an accounting of

19  each such remittance.

20         Section 36.  Section 39.0134, Florida Statutes, as

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

22  read:

23         39.0134  Appointed counsel; compensation.--If counsel

24  is entitled to receive compensation for representation

25  pursuant to a court appointment in a dependency proceeding or

26  a termination of parental rights proceeding pursuant to this

27  chapter, compensation shall be paid in accordance with s.

28  27.5304. The state may acquire and enforce a lien upon

29  court-ordered payment of attorney's fees and costs in

30  accordance with s. 984.08.

31  


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 1         Section 37.  Subsection (3) of section 39.3035, Florida

 2  Statutes, is amended to read:

 3         39.3035  Child advocacy centers; standards; state

 4  funding.--

 5         (3)  A child advocacy center within this state may not

 6  receive the funds generated pursuant to s. 983.10, state or

 7  federal funds administered by a state agency, or any other

 8  funds appropriated by the Legislature unless all of the

 9  standards of subsection (1) are met and the screening

10  requirement of subsection (2) is met. The Florida Network of

11  Children's Advocacy Centers, Inc., shall be responsible for

12  tracking and documenting compliance with subsections (1) and

13  (2) for any of the funds it administers to member child

14  advocacy centers. Any child advocacy center within this state

15  that meets the standards of subsection (1) and is certified by

16  the Florida Network of Children's Advocacy Centers, Inc., as

17  being a full member in the organization shall be eligible to

18  receive state funds that are appropriated by the Legislature.

19         Section 38.  Section 40.29, Florida Statutes, as

20  amended by chapter 2003-402, Laws of Florida, is amended to

21  read:

22         40.29  Payment of Clerks to make estimates and

23  requisitions for certain due process costs.--

24         (1)(a)  Each clerk of the circuit court, on behalf of

25  the courts, the state attorney, and the public defender shall

26  forward to the Justice Administrative Commission, by county, a

27  quarterly estimate of funds necessary to pay for witnesses,

28  except expert witnesses paid pursuant to a contract or other

29  professional services agreement, pursuant to ss. 29.005 and

30  29.006.

31  


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 1         (b)  Each clerk of the circuit court shall forward to

 2  the Office of the 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 applicable rates

 9  and requirements, the Justice Administrative Commission shall

10  pay all due process service related invoices, except those

11  enumerated in paragraphs (1)(a) and (b), approved and

12  submitted by the state attorney, public defender, or court

13  appointed counsel in accordance with the applicable

14  requirements of ss. 29.005, 29.006, and 29.007.

15         Section 39.  Section 40.32, Florida Statutes, is

16  amended to read:

17         40.32  Clerks to disburse money.--All moneys drawn from

18  the treasury under the provisions of this chapter by the clerk

19  of the court shall be disbursed by the clerk of the court as

20  far as needed in payment of jurors and witnesses, except for

21  expert witnesses paid pursuant to a contract or other

22  professional services agreement pursuant to ss. 29.004,

23  29.005, 29.006, and 29.007, for the legal compensation for

24  service during the quarterly fiscal period for which said

25  moneys were drawn and for no other purposes. Jurors and

26  witnesses shall be paid by the clerk of the court either in

27  cash or by warrant within 20 days after completion of jury

28  service or of completion of service as a witness. Whenever the

29  clerk of the court pays a juror or witness by cash, said juror

30  or witness shall sign the payroll in the presence of the

31  clerk, a deputy clerk, or some other person designated by the


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 1  clerk. Whenever the clerk pays a juror or witness by warrant,

 2  he or she shall endorse on the payroll opposite the juror's or

 3  witness's name the words "Paid by warrant," giving the number

 4  and date of the warrant.

 5         Section 40.  Section 40.33, Florida Statutes, is

 6  amended to read:

 7         40.33  Deficiency.--If the funds required for payment

 8  of the items enumerated in s. 40.29(1)(a) or (b) in any county

 9  compensation of jurors and witnesses during a quarterly fiscal

10  period exceeds the amount of the funds provided pursuant to s.

11  40.29(3) estimated by the clerk of the court and therefore is

12  insufficient to pay in full the jurors and witnesses, the

13  state attorney or public defender, as applicable, clerk of the

14  court shall make a further request requisition upon the

15  Justice Administrative Commission for the items enumerated in

16  s. 40.29(1)(a) or the clerk of court shall make a further

17  request upon the Office of the State Courts Administrator for

18  items enumerated in s. 40.29(1)(b) for the amount necessary to

19  allow for full payment pay such default, and the amount

20  required shall be transmitted to the clerk of the court by

21  warrant issued by the Chief Financial Officer in the same

22  manner as the original requisition or order.

23         Section 41.  Section 40.361, Florida Statutes, is

24  created to read:

25         40.361  Applicability of laws regarding state budgeting

26  and finances.--The requirements contained within chapter 216,

27  including the provisions of s. 216.192 related to release of

28  funds, chapter 29, including ss. 29.015 and 29.016 related to

29  use of contingency funds for due process services, and all

30  other laws of this state relating to state budgeting and

31  financing shall apply to all processes authorized or required


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 1  under this chapter for the payment of the items enumerated in

 2  s. 40.29(1)(a) and (b).

 3         Section 42.  Subsection (1) of section 43.16, Florida

 4  Statutes, is amended to read:

 5         43.16  Justice Administrative Commission; membership,

 6  powers and duties.--

 7         (1)  There is hereby created a Justice Administrative

 8  Commission, with headquarters located in the state capital.

 9  The necessary office space for use of the commission shall be

10  furnished by the proper state agency in charge of state

11  buildings. For purposes of the fees imposed on agencies

12  pursuant to s. 287.057(23), the Justice Administrative

13  Commission shall be exempt from such fees.

14         Section 43.  Subsection (3) of section 44.103, Florida

15  Statutes, is amended to read:

16         44.103  Court-ordered, nonbinding arbitration.--

17         (3)  Arbitrators shall be selected and compensated in

18  accordance with rules adopted by the Supreme Court.

19  Arbitrators shall may be compensated by the county or by the

20  parties, or, upon a finding by the court that a party is

21  indigent, an arbitrator may be partially or fully compensated

22  from state funds according to the party's present ability to

23  pay. Prior to approving the use of state funds to reimburse an

24  arbitrator, the court must ensure that the party reimburses

25  the portion of the total cost that the party is immediately

26  able to pay and that the party has agreed to a payment plan

27  established by the clerk of the court that will fully

28  reimburse the state for the balance of all state costs for

29  both the arbitrator and any costs of administering the payment

30  plan and any collection efforts that may be necessary in the

31  future. Compensation for arbitrators shall not exceed $200 per


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 1  day, unless otherwise agreed by the parties and approved by

 2  the court. Whenever possible, qualified individuals who have

 3  volunteered their time to serve as arbitrators shall be

 4  appointed. If an arbitration program is funded pursuant to s.

 5  44.108, volunteer arbitrators shall be entitled to be

 6  reimbursed pursuant to s. 112.061 for all actual expenses

 7  necessitated by service as an arbitrator.

 8         Section 44.  Section 44.108, Florida Statutes, as

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

10  read:

11         44.108  Funding of mediation and arbitration.--

12         (1)  Mediation and arbitration should be accessible to

13  all parties regardless of financial status. A filing fee of $1

14  is levied on all proceedings in the circuit or county courts

15  to fund mediation and arbitration services which are the

16  responsibility of the Supreme Court pursuant to the provisions

17  of s. 44.106. The clerk of the court shall forward the moneys

18  collected to the Department of Revenue for deposit in the

19  state courts' Mediation and Arbitration Trust Fund.

20         (2)  When court-ordered mediation services are provided

21  by a circuit court's mediation program, the following fees,

22  unless otherwise established in the General Appropriations

23  Act, shall be collected by the clerk of court:

24         (a)  Eighty dollars per person per session in family

25  mediation when the parties' combined income is greater than

26  $50,000, but less than $100,000 per year;

27         (b)  Forty dollars per person per session in family

28  mediation when the parties' combined income is less than

29  $50,000; or

30         (c)  Forty dollars per person per session in county

31  court cases.


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 1  

 2  No mediation fees shall be assessed under this subsection in

 3  eviction cases, against a party found to be indigent, or for

 4  any small claims action. Fees collected by the clerk of court

 5  pursuant to this section shall be remitted to the Department

 6  of Revenue for deposit into the state court   s Mediation and

 7  Arbitration Trust Fund to fund court-ordered mediation. The

 8  clerk of court may deduct $1 per fee assessment for processing

 9  this fee.

10         Section 45.  Subsection (1) of section 45.031, Florida

11  Statutes, is amended to read:

12         45.031  Judicial sales procedure.--In any sale of real

13  or personal property under an order or judgment, the following

14  procedure may be followed as an alternative to any other sale

15  procedure if so ordered by the court:

16         (1)  SALE BY CLERK.--In the order or final judgment,

17  the court shall direct the clerk to sell the property at

18  public sale on a specified day that shall be not less than 20

19  days or more than 35 days after the date thereof, on terms and

20  conditions specified in the order or judgment. A sale may be

21  held more than 35 days after the date of final judgment or

22  order if the plaintiff or plaintiff's attorney consents to

23  such time. Any sale held more than 35 days after the final

24  judgment or order shall not affect the validity or finality of

25  the final judgment or order or any sale held pursuant thereto.

26  Notice of sale shall be published once a week for 2

27  consecutive weeks in a newspaper of general circulation, as

28  defined in chapter 50, published in the county where the sale

29  is to be held. The second publication shall be at least 5 days

30  before the sale. The notice shall contain:

31         (a)  A description of the property to be sold.


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 1         (b)  The time and place of sale.

 2         (c)  A statement that the sale will be made pursuant to

 3  the order or final judgment.

 4         (d)  The caption of the action.

 5         (e)  The name of the clerk making the sale.

 6  

 7  The clerk shall receive a service charge of up to $60 $40 for

 8  services in making, recording, and certifying the sale and

 9  title that shall be assessed as costs. The court, in its

10  discretion, may enlarge the time of the sale. Notice of the

11  changed time of sale shall be published as provided herein.

12         Section 46.  Section 50.0711, Florida Statutes, is

13  created to read:

14         50.0711  Court docket fund; service charges;

15  publications.--

16         (1)  The clerk of the court in each county may

17  establish a court docket fund for the purpose of paying the

18  cost of publication of the fact of the filing of any civil

19  case in the circuit court of the county by the style and of

20  the calendar relating to such cases. This court docket fund

21  shall be funded by $1 mandatory court cost for all civil

22  actions, suits, or proceedings filed in the circuit court of

23  the county. The clerk shall maintain such funds separate and

24  apart, and the proceeds from this court cost shall not be

25  diverted to any other fund or for any purpose other than that

26  established in this section. The clerk of the court shall

27  dispense the fund to the designated record newspaper in the

28  county on a quarterly basis.

29         (2)  A newspaper qualified under the terms of s. 50.011

30  shall be designated as the record newspaper for such

31  publication by an order of the majority of the judges in the


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 1  judicial circuit in which such county is located, and such

 2  order shall be filed and recorded with the clerk of the

 3  circuit court for such county. The designated record newspaper

 4  may be changed at the end of any fiscal year of the county by

 5  a majority vote of the judges of the judicial circuit of the

 6  county ordering such change 30 days prior to the end of the

 7  fiscal year, notice of which order shall be given to the

 8  previously designated record newspaper.

 9         (3)  The publishers of any designated record newspapers

10  receiving payment from this court docket fund shall publish,

11  without additional charge, the fact of the filing of any civil

12  case, suit, or action filed in such county in the circuit.

13  Such publication shall be in accordance with a schedule agreed

14  upon between the record newspaper and the clerk of the court

15  in such county.

16         (4)  The publishers of any designated record newspapers

17  receiving revenues from the court docket fund established in

18  subsection (1) shall, without charge, accept legal

19  advertisements for the purpose of service of process by

20  publication under s. 49.011(4), (10), and (11) when such

21  publication is required of persons authorized to proceed as

22  indigent persons under s. 57.081.

23         Section 47.  Subsection (5) of section 55.10, Florida

24  Statutes, as amended by chapter 2003-402, Laws of Florida, is

25  amended to read:

26         55.10  Judgments, orders, and decrees; lien of all,

27  generally; extension of liens; transfer of liens to other

28  security.--

29         (5)  Any lien claimed under this section may be

30  transferred, by any person having an interest in the real

31  property upon which the lien is imposed or the contract under


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 1  which the lien is claimed, from such real property to other

 2  security by either depositing in the clerk's office a sum of

 3  money or filing in the clerk's office a bond executed as

 4  surety by a surety insurer licensed to do business in this

 5  state. Such deposit or bond shall be in an amount equal to the

 6  amount demanded in such claim of lien plus interest thereon at

 7  the legal rate for 3 years plus $500 to apply on any court

 8  costs which may be taxed in any proceeding to enforce said

 9  lien. Such deposit or bond shall be conditioned to pay any

10  judgment, order, or decree which may be rendered for the

11  satisfaction of the lien for which such claim of lien was

12  recorded and costs plus $500 for court costs. Upon such

13  deposit being made or such bond being filed, the clerk shall

14  make and record a certificate showing the transfer of the lien

15  from the real property to the security and mail a copy thereof

16  by registered or certified mail to the lienor named in the

17  claim of lien so transferred, at the address stated therein.

18  Upon the filing of the certificate of transfer, the real

19  property shall thereupon be released from the lien claimed,

20  and such lien shall be transferred to said security. The clerk

21  shall be entitled to a service charge fee of up to $15 for

22  making and serving the certificate. If the transaction

23  involves the transfer of multiple liens, an additional service

24  charge of up to $7.50 for each additional lien shall be

25  charged. Any number of liens may be transferred to one such

26  security.

27         Section 48.  Subsection (2) of section 55.141, Florida

28  Statutes, as amended by chapter 2003-402, Laws of Florida, is

29  amended to read:

30         55.141  Satisfaction of judgments and decrees; duties

31  of clerk and judge.--


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 1         (2)  Upon such payment, the clerk, or the judge if

 2  there is no clerk, shall issue his or her receipt therefor and

 3  shall record a satisfaction of judgment, provided by the

 4  judgment holder, upon payment of the recording charge

 5  prescribed in s. 28.24(12) plus the necessary costs of mailing

 6  to the clerk or judge. The clerk or judge shall formally

 7  notify the owner of record of such judgment or decree, if such

 8  person and his or her address are known to the clerk or judge

 9  receiving such payment, and, upon request therefor, shall pay

10  over to the person entitled, or to his or her order, the full

11  amount of the payment so received, less his or her service

12  charge fees for providing a receipt upon the court issuing a

13  writ of execution on such judgment or decree, if any has been

14  issued, and less his or her service charge fees for receiving

15  into and paying out of the registry of the court such payment,

16  together with the service charge fees of the clerk for

17  receiving into and paying such money out of the registry of

18  the court.

19         Section 49.  Subsections (2), (3), (4), and (5) of

20  section 57.085, Florida Statutes, as amended by chapter

21  2003-402, Laws of Florida, are amended to read:

22         57.085  Deferral Waiver of prepayment of court costs

23  and fees for indigent prisoners.--

24         (2)  When a prisoner who is intervening in or

25  initiating a judicial proceeding seeks to defer the prepayment

26  of court costs and fees because of indigence, the prisoner

27  must file an affidavit of indigence with the appropriate clerk

28  of the court. The affidavit must contain complete information

29  about the prisoner's identity; the nature and amount of the

30  prisoner's income; all real property owned by the prisoner;

31  all tangible and intangible property worth more than $100


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 1  which is owned by the prisoner; the amount of cash held by the

 2  prisoner; the balance of any checking, savings, or money

 3  market account held by the prisoner; the prisoner's

 4  dependents, including their names and ages; the prisoner's

 5  debts, including the name of each creditor and the amount owed

 6  to each creditor; and the prisoner's monthly expenses. The

 7  prisoner must certify in the affidavit whether the prisoner

 8  has been adjudicated indigent under this section, certified

 9  indigent under s. 57.081, or authorized to proceed as an

10  indigent under 28 U.S.C. s. 1915 by a federal court. The

11  prisoner must attach to the affidavit a photocopy of the

12  prisoner's trust account records for the preceding 6 months or

13  for the length of the prisoner's incarceration, whichever

14  period is shorter. The affidavit must contain the following

15  statements: "I am presently unable to pay court costs and

16  fees. Under penalty of perjury, I swear or affirm that all

17  statements in this affidavit are true and complete."

18         (3)  Before a prisoner may receive a deferral of

19  prepayment of any court costs and fees for an action brought

20  under this section, the clerk of court must review the

21  affidavit and determine certify the prisoner to be is

22  indigent.

23         (4)  When the clerk has found the prisoner to be

24  indigent issued a certificate of indigence under this section

25  but concludes the prisoner is able to pay part of the court

26  costs and fees required by law, the court shall order the

27  prisoner to make, prior to service of process, an initial

28  partial payment of those court costs and fees. The initial

29  partial payment must total at least 20 percent of the average

30  monthly balance of the prisoner's trust account for the

31  


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 1  preceding 6 months or for the length of the prisoner's

 2  incarceration, whichever period is shorter.

 3         (5)  When the clerk has found the prisoner to be

 4  indigent issued a certificate of indigence under this section,

 5  the court shall order the prisoner to make monthly payments of

 6  no less than 20 percent of the balance of the prisoner's trust

 7  account as payment of court costs and fees. When a court

 8  orders such payment, the Department of Corrections or the

 9  local detention facility shall place a lien on the inmate's

10  trust account for the full amount of the court costs and fees,

11  and shall withdraw money maintained in that trust account and

12  forward the money, when the balance exceeds $10, to the

13  appropriate clerk of the court until the prisoner's court

14  costs and fees are paid in full.

15         Section 50.  Paragraphs (b), (d), (e), and (f) of

16  subsection (6) of section 61.14, Florida Statutes, as amended

17  by chapter 2003-402, Laws of Florida, are amended to read:

18         61.14  Enforcement and modification of support,

19  maintenance, or alimony agreements or orders.--

20         (6)

21         (b)1.  When an obligor is 15 days delinquent in making

22  a payment or installment of support and the amount of the

23  delinquency is greater than the periodic payment amount

24  ordered by the court, the local depository shall serve notice

25  on the obligor informing him or her of:

26         a.  The delinquency and its amount.

27         b.  An impending judgment by operation of law against

28  him or her in the amount of the delinquency and all other

29  amounts which thereafter become due and are unpaid, together

30  with costs and a service charge fee of up to $7.50 $5, for

31  failure to pay the amount of the delinquency.


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 1         c.  The obligor's right to contest the impending

 2  judgment and the ground upon which such contest can be made.

 3         d.  The local depository's authority to release

 4  information regarding the delinquency to one or more credit

 5  reporting agencies.

 6         2.  The local depository shall serve the notice by

 7  mailing it by first class mail to the obligor at his or her

 8  last address of record with the local depository. If the

 9  obligor has no address of record with the local depository,

10  service shall be by publication as provided in chapter 49.

11         3.  When service of the notice is made by mail, service

12  is complete on the date of mailing.

13         (d)  The court shall hear the obligor's motion to

14  contest the impending judgment within 15 days after the date

15  of the filing of the motion. Upon the court's denial of the

16  obligor's motion, the amount of the delinquency and all other

17  amounts which thereafter become due, together with costs and a

18  service charge fee of up to $7.50, become a final judgment by

19  operation of law against the obligor. The depository shall

20  charge interest at the rate established in s. 55.03 on all

21  judgments for support.

22         (e)  If the obligor fails to file a motion to contest

23  the impending judgment within the time limit prescribed in

24  paragraph (c) and fails to pay the amount of the delinquency

25  and all other amounts which thereafter become due, together

26  with costs and a service charge fee of up to $7.50, such

27  amounts become a final judgment by operation of law against

28  the obligor at the expiration of the time for filing a motion

29  to contest the impending judgment.

30         (f)1.  Upon request of any person, the local depository

31  shall issue, upon payment of a service charge fee of up to


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 1  $7.50, a payoff statement of the total amount due under the

 2  judgment at the time of the request. The statement may be

 3  relied upon by the person for up to 30 days from the time it

 4  is issued unless proof of satisfaction of the judgment is

 5  provided.

 6         2.  When the depository records show that the obligor's

 7  account is current, the depository shall record a satisfaction

 8  of the judgment upon request of any interested person and upon

 9  receipt of the appropriate recording fee. Any person shall be

10  entitled to rely upon the recording of the satisfaction.

11         3.  The local depository, at the direction of the

12  department, or the obligee in a non-IV-D case, may partially

13  release the judgment as to specific real property, and the

14  depository shall record a partial release upon receipt of the

15  appropriate recording fee.

16         4.  The local depository is not liable for errors in

17  its recordkeeping, except when an error is a result of

18  unlawful activity or gross negligence by the clerk or his or

19  her employees.

20         Section 51.  Paragraph (b) of subsection (2) of section

21  61.181, Florida Statutes, as amended by chapter 2003-402, Laws

22  of Florida, is amended to read:

23         61.181  Depository for alimony transactions, support,

24  maintenance, and support payments; fees.--

25         (2)

26         (b)1.  For the period of July 1, 1992, through June 30,

27  2004, The fee imposed in paragraph (a) shall be increased to 4

28  percent of the support payments which the party is obligated

29  to pay, except that no fee shall be more than $5.25. The fee

30  shall be considered by the court in determining the amount of

31  support that the obligor is, or may be, required to pay.


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 1  Notwithstanding the provisions of s. 145.022, 75 percent of

 2  the additional revenues generated by this paragraph shall be

 3  remitted monthly to the Clerk of the Court Child Support

 4  Enforcement Collection System Trust Fund administered by the

 5  department as provided in subparagraph 2. These funds shall be

 6  used exclusively for the development, implementation, and

 7  operation of the Clerk of the Court Child Support Enforcement

 8  Collection System to be operated by the depositories,

 9  including the automation of civil case information necessary

10  for the State Case Registry. The department shall contract

11  with the Florida Association of Court Clerks and the

12  depositories to design, establish, operate, upgrade, and

13  maintain the automation of the depositories to include, but

14  not be limited to, the provision of on-line electronic

15  transfer of information to the IV-D agency as otherwise

16  required by this chapter. The department's obligation to fund

17  the automation of the depositories is limited to the state

18  share of funds available in the Clerk of the Court Child

19  Support Enforcement Collection System Trust Fund. Each

20  depository created under this section shall fully participate

21  in the Clerk of the Court Child Support Enforcement Collection

22  System and transmit data in a readable format as required by

23  the contract between the Florida Association of Court Clerks

24  and the department.

25         2.  Moneys to be remitted to the department by the

26  depository shall be done daily by electronic funds transfer

27  and calculated as follows:

28         a.  For each support payment of less than $33, 18.75

29  cents.

30         b.  For each support payment between $33 and $140, an

31  amount equal to 18.75 percent of the fee charged.


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 1         c.  For each support payment in excess of $140, 18.75

 2  cents.

 3         3.  The fees established by this section shall be set

 4  forth and included in every order of support entered by a

 5  court of this state which requires payment to be made into the

 6  depository.

 7         Section 52.  Subsections (1) and (2) of section 125.69,

 8  Florida Statutes, as amended by chapter 2003-402, Laws of

 9  Florida, are amended, subsections (3), (4), and (5) of said

10  section are renumbered as subsections (2), (3), and (4),

11  respectively, and present subsections (3) and (4) of said

12  section are amended, to read:

13         125.69  Penalties; enforcement by code inspectors.--

14         (1)  Violations of county ordinances shall be

15  prosecuted in the same manner as misdemeanors are prosecuted.

16  Such violations shall be prosecuted in the name of the state

17  county in a court having jurisdiction of misdemeanors by the

18  prosecuting attorney thereof and upon conviction shall be

19  punished by a fine not to exceed $500 or by imprisonment in

20  the county jail not to exceed 60 days or by both such fine and

21  imprisonment. However, a county may specify, by ordinance, a

22  violation of a county ordinance which is punishable by a fine

23  in an amount exceeding $500, but not exceeding $2,000 a day,

24  if the county must have authority to punish a violation of

25  that ordinance by a fine in an amount greater than $500 in

26  order for the county to carry out a federally mandated

27  program.

28         (2)  For the purpose of prosecuting violations of

29  special laws and county ordinances notwithstanding the

30  prosecutorial authority of the state attorney pursuant to s.

31  27.02(1), the board of county commissioners of each county and


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 1  the governing board of each charter county may designate as

 2  the county's prosecuting attorney an attorney employed by the

 3  county or a contract attorney. Subject to the control and

 4  oversight of the appointing authority, such attorney may

 5  employ assistants as necessary. Such person shall have all

 6  powers exercisable by the state attorney in the prosecution of

 7  violations of county ordinances under this section as of June

 8  30, 2004. Such person shall be subject to suspension and

 9  removal by the Governor and Senate from the exercise of

10  prosecutorial powers in the same manner as state attorneys.

11         (2)(3)  Each county is authorized and required to pay

12  any attorney appointed by the court to represent a defendant

13  charged with a criminal violation of a special law or county

14  ordinance not ancillary to a state charge prosecuted under

15  this section if the defendant is indigent and otherwise

16  entitled to court-appointed counsel under provision of an

17  attorney at public expense is required by the Constitution of

18  the United States or the Constitution of the State of Florida

19  and if the party is indigent as established pursuant to s.

20  27.52. In these such cases, the court shall appoint counsel to

21  represent the defendant in accordance with s. 27.40, and shall

22  order the county to pay the reasonable attorney's fees,

23  expenses, and costs, and related expenses of the of such

24  defense. The county may contract with the public defender of

25  the judicial circuit in which the county is located to serve

26  as court-appointed counsel pursuant to s. 27.54.

27         (3)(4)  The county shall bear all court fees and costs

28  of any prosecution under this section, and may, If the county

29  is the prevailing party it prevails, the county may recover

30  the court fees and costs paid by it and the fees and expenses

31  paid to court-appointed counsel as part of its judgment. The


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 1  state shall bear no expense of actions brought under this

 2  section except those that it would bear in an ordinary civil

 3  action between private parties in county court.

 4         Section 53.  Subsection (3) of section 129.02, Florida

 5  Statutes, is amended to read:

 6         129.02  Requisites of budgets.--Each budget shall

 7  conform to the following specific directions and requirements:

 8         (3)  The budget for the county fine and forfeiture fund

 9  budget shall contain an estimate of receipts by source and

10  balances as provided herein, and an itemized estimate of

11  expenditures that need to be incurred to carry on all criminal

12  prosecution as provided in s. 142.01, and all other law

13  enforcement functions and activities of the county now or

14  hereafter authorized by law, and of indebtedness of the county

15  fine and forfeiture fund; also of the reserve for

16  contingencies and the balance, as hereinbefore provided, which

17  should be carried forward at the end of the year.

18         Section 54.  Section 142.01, Florida Statutes, as

19  amended by chapter 2003-402, Laws of Florida, is amended to

20  read:

21         142.01  Fine and forfeiture fund; clerk of the circuit

22  court.--There shall be established by the clerk of the circuit

23  court in each county of this state a separate fund to be known

24  as the fine and forfeiture fund for use by the clerk of the

25  circuit court in performing court-related functions. The fund

26  shall consist of the following:

27         (1)  Fines and penalties pursuant to ss. 28.2402(2),

28  34.045(2), 316.193, 327.35, 327.72, 372.72(1), and 775.083(1).

29         (2)  That portion of civil penalties directed to this

30  fund pursuant to s. 318.21.

31  


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 1         (3)  Court costs pursuant to ss. 28.2402(1)(b),

 2  34.045(1)(b), 318.14(10)(b), 318.18(11)(a), 327.73(9)(a) and

 3  (11)(a), and 938.05(3).

 4         (4)  Proceeds from forfeited bail bonds or

 5  recognizances pursuant to ss. 321.05(4)(a), 372.72(1), and

 6  903.26(3)(a).

 7         (5)  Fines and forfeitures pursuant to s. 34.191.

 8         (6)  All other revenues received by the clerk as

 9  revenue authorized by law to be retained by the clerk.

10  

11  Notwithstanding the provisions of this section, all fines and

12  forfeitures arising from operation of the provisions of s.

13  318.1215 shall be disbursed in accordance with that section.

14  all fines and forfeitures collected by the clerk of the court

15  for violations of the penal or traffic laws of the state,

16  except those fines imposed under s. 775.0835(1); allocations

17  of court costs and civil penalties pursuant to ss. 318.18 and

18  318.21; assessments imposed under ss. 938.21, 938.23, and

19  938.25; and all costs refunded to the county.

20         Section 55.  Section 142.03, Florida Statutes, as

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

22  read:

23         142.03  Disposition of fines, forfeitures, and civil

24  penalties to municipalities.--Except as to Fines, forfeitures,

25  and civil penalties collected in cases involving violations of

26  municipal ordinances, violations of chapter 316 committed

27  within a municipality, or infractions under the provisions of

28  chapter 318 committed within a municipality, in which cases

29  such fines, forfeitures, and civil penalties shall be fully

30  paid in full each month monthly to the appropriate

31  municipality as provided in ss. 28.2402, 34.045 34.191,


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 1  316.660, and 318.21, and except as to fines imposed under s.

 2  775.0835(1), and assessments imposed under ss. 938.21, 938.23,

 3  and 938.25, all fines imposed under the penal laws of this

 4  state in all other cases, and the proceeds of all forfeited

 5  bail bonds or recognizances in all other cases, shall be paid

 6  into the fine and forfeiture fund of the clerk of the county

 7  in which the indictment was found or the prosecution

 8  commenced, and judgment must be entered therefor in favor of

 9  the state for the use by the clerk of the circuit court in

10  performing court-related functions.

11         Section 56.  Section 142.09, Florida Statutes, is

12  amended to read:

13         142.09  If defendant is not convicted or dies.--If the

14  defendant is not convicted, or the prosecution is abated by

15  the death of the defendant, or if the costs are imposed on the

16  defendant and execution against him or her is returned no

17  property found, or if a nolle prosse be entered, in each of

18  these cases the fees of witnesses and officers arising from

19  criminal causes shall be paid by the state county  in the

20  manner specified in s. 40.29 ss. 142.10-142.12; provided, that

21  when a committing magistrate holds to bail or commits a person

22  to answer to a criminal charge and an information is not filed

23  or an indictment found against such person, the costs and fees

24  of such committing trial shall not be paid by the state

25  county, except the costs of executing the warrants.

26         Section 57.  Subsection (3) is added to section

27  218.245, Florida Statutes, to read:

28         218.245  Revenue sharing; apportionment.--

29         (3)  Revenues attributed to the increase in

30  distribution to the Revenue Sharing Trust Fund for

31  Municipalities pursuant to s. 212.20(6)(d)6. from 1.0715


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 1  percent to 1.3409 percent provided in chapter 2003-402, Laws

 2  of Florida, shall be distributed to each eligible municipality

 3  and any unit of local government which is consolidated as

 4  provided by s. 9, Article VIII of the State Constitution of

 5  1885, as preserved by s. 6(e), Art. VIII, 1968 revised

 6  constitution, as follows: each eligible local government's

 7  allocation shall be based on the amount it received from the

 8  half-cent sales tax under s. 218.61 in the prior state fiscal

 9  year divided by the total receipts under s. 218.61 in the

10  prior state fiscal year for all eligible local governments.

11  For eligible municipalities that began participating in the

12  allocation of half-cent sales tax under s. 218.61 in the

13  previous state fiscal year, their annual receipts shall be

14  calculated by dividing their actual receipts by the number of

15  months they participated, and the result multiplied by 12.

16         Section 58.  Paragraph (b) of subsection (10) of

17  section 318.14, Florida Statutes, is amended to read:

18         318.14  Noncriminal traffic infractions; exception;

19  procedures.--

20         (10)

21         (b)  Any person cited for an offense listed in this

22  subsection shall present proof of compliance prior to the

23  scheduled court appearance date. For the purposes of this

24  subsection, proof of compliance shall consist of a valid,

25  renewed, or reinstated driver's license or registration

26  certificate and proper proof of maintenance of security as

27  required by s. 316.646. Notwithstanding waiver of fine, any

28  person establishing proof of compliance shall be assessed

29  court costs of $22, except that a person charged with

30  violation of s. 316.646(1)-(3) may be assessed court costs of

31  $7. One dollar of such costs shall be remitted to the


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 1  Department of Revenue for deposit into the Child Welfare

 2  Training Trust Fund of the Department of Children and Family

 3  Services. One dollar of such costs shall be distributed to the

 4  Department of Juvenile Justice for deposit into the Juvenile

 5  Justice Training Trust Fund. Twelve dollars of such costs

 6  shall be distributed to the municipality and $8 shall be

 7  deposited by the clerk of the court into the fine and

 8  forfeiture fund established pursuant to s. 142.01 retained by

 9  the county, if the offense was committed within the

10  municipality. If the offense was committed in an

11  unincorporated area of a county or if the citation was for a

12  violation of s. 316.646(1)-(3), the county shall retain the

13  entire amount shall be deposited by the clerk of the court

14  into the fine and forfeiture fund established pursuant to s.

15  142.01, except for the moneys to be deposited into the Child

16  Welfare Training Trust Fund and the Juvenile Justice Training

17  Trust Fund. This subsection shall not be construed to

18  authorize the operation of a vehicle without a valid driver's

19  license, without a valid vehicle tag and registration, or

20  without the maintenance of required security.

21         Section 59.  Subsection (2) of section 318.15, Florida

22  Statutes, as amended by chapter 2003-402, Laws of Florida, is

23  amended to read:

24         318.15  Failure to comply with civil penalty or to

25  appear; penalty.--

26         (2)  After suspension of the driver's license and

27  privilege to drive of a person under subsection (1), the

28  license and privilege may not be reinstated until the person

29  complies with all obligations and penalties imposed on him or

30  her under s. 318.18 and presents to a driver license office a

31  certificate of compliance issued by the court, together with a


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 1  nonrefundable service charge fee of up to $47.50 $37.50

 2  imposed under s. 322.29, or presents a certificate of

 3  compliance and pays the aforementioned service charge fee of

 4  up to $47.50 $37.50 to the clerk of the court or tax collector

 5  clearing such suspension. Of the charge collected by the clerk

 6  of the court or the tax collector, $10 shall be remitted to

 7  the Department of Revenue to be deposited into the Highway

 8  Safety Operating Trust Fund. Such person shall also be in

 9  compliance with requirements of chapter 322 prior to

10  reinstatement.

11         Section 60.  Subsection (11) of section 318.18, Florida

12  Statutes, as amended by chapter 2003-402, Laws of Florida, is

13  amended, and subsection (13) is added to said section, to

14  read:

15         318.18  Amount of civil penalties.--The penalties

16  required for a noncriminal disposition pursuant to s. 318.14

17  are as follows:

18         (11)(a)  Court costs that are to be In addition to the

19  stated fine, court costs must be paid in an amount not less

20  than the following amounts and shall be deposited by the clerk

21  into the fine and forfeiture fund established pursuant to s.

22  142.01:

23  

24  For pedestrian infractions................................$ 3.

25  For nonmoving traffic infractions........................$ 16.

26  For moving traffic infractions...........................$ 30.

27  

28         (b)  In addition to the court cost required under

29  paragraph (a), up to $3 for each infraction shall be collected

30  and distributed by the clerk in those counties that have been

31  authorized to establish a criminal justice selection center or


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 1  a criminal justice access and assessment center pursuant to

 2  the following special acts of the Legislature:

 3         1.  Chapter 87-423, Laws of Florida, for Brevard

 4  County.

 5         2.  Chapter 89-521, Laws of Florida, for Bay County.

 6         3.  Chapter 94-444, Laws of Florida, for Alachua

 7  County.

 8         4.  Chapter 97-333, Laws of Florida, for Pinellas

 9  County.

10  

11  Funds collected by the clerk pursuant to this paragraph shall

12  be distributed to the centers authorized by those special

13  acts.

14         (c)  In addition to the court cost required under

15  paragraph (a), a $2.50 court cost must be paid for each

16  infraction to be distributed by the clerk to the county to

17  help pay for criminal justice education and training programs

18  pursuant to s. 938.15. Funds from the distribution to the

19  county not directed by the county to fund these centers or

20  programs shall be retained by the clerk and used for funding

21  the court-related services of the clerk.

22         (d)(b)  In addition to the court cost required under

23  paragraph (a), a $3 court cost must be paid for each

24  infraction to be distributed as provided in s. 938.01 and a $2

25  court cost as provided in s. 938.15 when assessed by a

26  municipality or county.

27         (13)  In addition to any penalties imposed for

28  noncriminal traffic infractions pursuant to chapter 318 or

29  imposed for criminal violations listed in s. 318.17, a board

30  of county commissioners or any unit of local government which

31  is consolidated as provided by s. 9, Art. VIII of the State


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 1  Constitution of 1885, as preserved by s. 6(e), Art. VIII of

 2  the Constitution of 1968:

 3         (a)  May impose by ordinance a surcharge of up to $15

 4  for any infraction or violation to fund state court

 5  facilities. The court shall not waive this surcharge.

 6         (b)  That imposed increased fees or service charges by

 7  ordinance under s. 28.2401, s. 28.241, or s. 34.041 for the

 8  purpose of securing payment of the principal and interest on

 9  bonds issued by the county before July 1, 2003, to finance

10  state court facilities, may impose by ordinance a surcharge

11  for any infraction or violation for the exclusive purpose of

12  securing payment of the principal and interest on bonds issued

13  by the county before July 1, 2003, to fund state court

14  facilities  until the date of stated maturity. The court shall

15  not waive this surcharge. Such surcharge may not exceed an

16  amount per violation calculated as the quotient of the maximum

17  annual payment of the principal and interest on the bonds as

18  of July 1, 2003, divided by the number of traffic citations

19  for county fiscal year 2002-2003 certified as paid by the

20  clerk of the court of the county. Such quotient shall be

21  rounded up to the next highest dollar amount. The bonds may be

22  refunded only if savings will be realized on payments of debt

23  service and the refunding bonds are scheduled to mature on the

24  same date or before the bonds being refunded.

25  

26  A county may not impose both of the surcharges authorized

27  under paragraphs (a) and (b) concurrently.

28         Section 61.  Paragraphs (a), (g), and (h) of subsection

29  (2), paragraphs (a) and (b) of subsection (3), and subsection

30  (8) of section 318.21, Florida Statutes, as amended by chapter

31  2003-402, Laws of Florida, are amended to read:


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 1         318.21  Disposition of civil penalties by county

 2  courts.--All civil penalties received by a county court

 3  pursuant to the provisions of this chapter shall be

 4  distributed and paid monthly as follows:

 5         (2)  Of the remainder:

 6         (a)  Twenty and six-tenths percent shall be remitted to

 7  the Department of Revenue for deposit into the General Revenue

 8  Fund of the state, except that the first $300,000 shall be

 9  deposited into the Grants and Donations Trust Fund in the

10  Justice Administrative Commission state courts system for

11  administrative costs, training costs, and costs associated

12  with the implementation and maintenance of Florida foster care

13  citizen review panels in a constitutional charter county as

14  provided for in s. 39.702.

15         (g)1.  If the violation occurred within a municipality

16  or a special improvement district of the Seminole Indian Tribe

17  or Miccosukee Indian Tribe, 56.4 percent shall be paid to that

18  municipality or special improvement district.

19         2.  If the violation occurred within a municipality,

20  50.8 percent shall be paid to that municipality and 5.6

21  percent shall be deposited into the fine and forfeiture trust

22  fund established pursuant to s. 142.01.

23         3.2.  If the violation occurred within the

24  unincorporated area of a county that is not within a special

25  improvement district of the Seminole Indian Tribe or

26  Miccosukee Indian Tribe, 56.4 percent shall be deposited into

27  the fine and forfeiture fund established pursuant to s.

28  142.01.

29         (h)  Fifteen percent must be deposited into the General

30  Revenue Fund.

31  


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 1         (3)(a)  Moneys paid to a municipality or special

 2  improvement district under subparagraph (2)(g)1. must be used

 3  to fund local criminal justice training as provided in s.

 4  938.15 when such a program is established by ordinance; to

 5  fund a municipal school crossing guard training program; and

 6  for any other lawful purpose.

 7         (b)  Moneys paid to a county under subparagraph

 8  (2)(g)2. shall be used to fund local criminal justice training

 9  as provided in s. 938.15 when such a program is established by

10  ordinance, to fund a county school crossing guard training

11  program, and for any other lawful purpose.

12         (8)  Fines and forfeitures received from violations

13  committed within a municipality must be paid monthly to that

14  municipality; fines and forfeitures received from violations

15  committed within a special improvement district created for

16  the Seminole Indian Tribe or Miccosukee Indian Tribe under s.

17  285.17 must be paid monthly to that special improvement

18  district. These fines and forfeitures must be paid monthly to

19  that municipality or special improvement district in addition

20  to any other fines and forfeitures received by a county court

21  which are required to be paid to that municipality or special

22  improvement district under any other law. If, on February 1,

23  1972, any chartered county court that has countywide

24  jurisdiction was trying traffic offenses committed within a

25  municipality in that county, two-thirds of the fines and

26  forfeitures received as a result of violations of this

27  chapter, or of any ordinances adopting matter covered by this

28  chapter, committed within a municipality must be paid and

29  distributed to the municipality, and the remainder must be

30  paid into the fine and forfeiture fund established pursuant to

31  s. 142.01 to the county, except as otherwise provided in


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 1  subsection (5). The amount of fines and forfeitures payable to

 2  a special improvement district created under s. 285.17 which

 3  is located in a charter county must be determined in the same

 4  manner as the amount of fines and forfeitures payable to a

 5  municipality in that county. All fines and forfeitures

 6  received by any county court as the result of citations issued

 7  under s. 316.640(2)(c)1. must be paid into the fine and

 8  forfeiture fund established pursuant to s. 142.01 to the

 9  county whether or not such citations were issued for parking

10  violations that occurred within a municipality or special

11  improvement district created under s. 285.17.

12         Section 62.  Section 318.325, Florida Statutes, as

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

14  read:

15         318.325  Jurisdiction and procedure for parking

16  infractions.--Any county or municipality may adopt an

17  ordinance that allows the county or municipality to refer

18  cases involving the violation of a county or municipal parking

19  ordinance to a hearing officer funded by the county or

20  municipality. Notwithstanding the provisions of ss. 318.14 and

21  775.08(3), any parking violation shall be deemed to be an

22  infraction as defined in s. 318.13(3). However, the violation

23  must be enforced and disposed of in accordance with the

24  provisions of general law applicable to parking violations and

25  with the charter or code of the county or municipality where

26  the violation occurred. The clerk of the court or the

27  designated traffic violations bureau must collect and

28  distribute the fines, forfeitures, and court costs assessed

29  under this section. Notwithstanding the provisions of s.

30  318.21, fines and forfeitures received from parking violations

31  committed within the unincorporated areas of the county or


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 1  within the boundaries of the municipality must be collected

 2  and paid monthly to the county or municipality, respectively.

 3  Court costs assessed by the hearing officer must be paid to

 4  the county.

 5         Section 63.  Paragraph (a) of subsection (4) of section

 6  321.05, Florida Statutes, is amended to read:

 7         321.05  Duties, functions, and powers of patrol

 8  officers.--The members of the Florida Highway Patrol are

 9  hereby declared to be conservators of the peace and law

10  enforcement officers of the state, with the common-law right

11  to arrest a person who, in the presence of the arresting

12  officer, commits a felony or commits an affray or breach of

13  the peace constituting a misdemeanor, with full power to bear

14  arms; and they shall apprehend, without warrant, any person in

15  the unlawful commission of any of the acts over which the

16  members of the Florida Highway Patrol are given jurisdiction

17  as hereinafter set out and deliver him or her to the sheriff

18  of the county that further proceedings may be had against him

19  or her according to law. In the performance of any of the

20  powers, duties, and functions authorized by law, members of

21  the Florida Highway Patrol shall have the same protections and

22  immunities afforded other peace officers, which shall be

23  recognized by all courts having jurisdiction over offenses

24  against the laws of this state, and shall have authority to

25  apply for, serve, and execute search warrants, arrest

26  warrants, capias, and other process of the court in those

27  matters in which patrol officers have primary responsibility

28  as set forth in subsection (1). The patrol officers under the

29  direction and supervision of the Department of Highway Safety

30  and Motor Vehicles shall perform and exercise throughout the

31  state the following duties, functions, and powers:


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 1         (4)(a)  All fines and costs and the proceeds of the

 2  forfeiture of bail bonds and recognizances resulting from the

 3  enforcement of this chapter by patrol officers shall be paid

 4  into the fine and forfeiture fund established pursuant to s.

 5  142.01 of the county where the offense is committed. In all

 6  cases of arrest by patrol officers, the person arrested shall

 7  be delivered forthwith by said officer to the sheriff of the

 8  county, or he or she shall obtain from such person arrested a

 9  recognizance or, if deemed necessary, a cash bond or other

10  sufficient security conditioned for his or her appearance

11  before the proper tribunal of such county to answer the charge

12  for which he or she has been arrested; and all fees accruing

13  shall be taxed against the party arrested, which fees are

14  hereby declared to be part of the compensation of said

15  sheriffs authorized to be fixed by the Legislature under s.

16  5(c), Art. II of the State Constitution, to be paid such

17  sheriffs in the same manner as fees are paid for like services

18  in other criminal cases. All patrol officers are hereby

19  directed to deliver all bonds accepted and approved by them to

20  the sheriff of the county in which the offense is alleged to

21  have been committed. However, no sheriff shall be paid any

22  arrest fee for the arrest of a person for violation of any

23  section of chapter 316 when the arresting officer was

24  transported in a Florida Highway Patrol car to the vicinity

25  where the arrest was made; and no sheriff shall be paid any

26  fee for mileage for himself or herself or a prisoner for miles

27  traveled in a Florida Highway Patrol car. No patrol officer

28  shall be entitled to any fee or mileage cost except when

29  responding to a subpoena in a civil cause or except when such

30  patrol officer is appearing as an official witness to testify

31  at any hearing or law action in any court of this state as a


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 1  direct result of his or her employment as a patrol officer

 2  during time not compensated as a part of his or her normal

 3  duties. Nothing herein shall be construed as limiting the

 4  power to locate and to take from any person under arrest or

 5  about to be arrested deadly weapons. Nothing contained in this

 6  section shall be construed as a limitation upon existing

 7  powers and duties of sheriffs or police officers.

 8         Section 64.  Section 322.245, Florida Statutes, as

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

10  read:

11         322.245  Suspension of license upon failure of person

12  charged with specified offense under chapter 316, chapter 320,

13  or this chapter to comply with directives ordered by traffic

14  court or upon failure to pay child support in non-IV-D cases

15  as provided in chapter 61 or failure to pay any financial

16  obligation in any other criminal case.--

17         (1)  If a person who is charged with a violation of any

18  of the criminal offenses enumerated in s. 318.17 or with the

19  commission of any offense constituting a misdemeanor under

20  chapter 320 or this chapter fails to comply with all of the

21  directives of the court within the time allotted by the court,

22  the clerk of the traffic court shall mail to the person, at

23  the address specified on the uniform traffic citation, a

24  notice of such failure, notifying him or her that, if he or

25  she does not comply with the directives of the court within 30

26  days after the date of the notice and pay a delinquency fee of

27  up to $15 to the clerk, his or her driver's license will be

28  suspended. The notice shall be mailed no later than 5 days

29  after such failure. The delinquency fee may be retained by the

30  office of the clerk to defray the operating costs of the

31  office.


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 1         (2)  In non-IV-D cases, if a person fails to pay child

 2  support under chapter 61 and the obligee so requests, the

 3  depository or the clerk of the court shall mail in accordance

 4  with s. 61.13016 the notice specified in that section,

 5  notifying him or her that if he or she does not comply with

 6  the requirements of that section and pay a delinquency fee of

 7  $10 to the depository or the clerk, his or her driver's

 8  license and motor vehicle registration will be suspended. The

 9  delinquency fee may be retained by the depository or the

10  office of the clerk to defray the operating costs of the

11  office.

12         (3)  If the person fails to comply with the directives

13  of the court within the 30-day period, or, in non-IV-D cases,

14  fails to comply with the requirements of s. 61.13016 within

15  the period specified in that statute, the depository or the

16  clerk of the court shall notify the department of such failure

17  within 10 days. Upon receipt of the notice, the department

18  shall immediately issue an order suspending the person's

19  driver's license and privilege to drive effective 20 days

20  after the date the order of suspension is mailed in accordance

21  with s. 322.251(1), (2), and (6).

22         (4)  After suspension of the driver's license of a

23  person pursuant to subsection (1), subsection (2), or

24  subsection (3) this section, the license may not be reinstated

25  until the person complies with all court directives imposed

26  upon him or her, including payment of the delinquency fee

27  imposed by subsection (1), and presents certification of such

28  compliance to a driver licensing office and complies with the

29  requirements of this chapter or, in the case of a license

30  suspended for nonpayment of child support in non-IV-D cases,

31  until the person complies with the reinstatement provisions of


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 1  s. 322.058 and makes payment of the delinquency fee imposed by

 2  subsection (2).

 3         (5)(a)  When the department receives notice from a

 4  clerk of the court that a person licensed to operate a motor

 5  vehicle in this state under the provisions of this chapter has

 6  failed to pay financial obligations for any criminal offense

 7  other than those specified in subsection (1), in full or in

 8  part under a payment plan pursuant to s. 28.246(4), the

 9  department shall suspend the license of the person named in

10  the notice.

11         (b)  The department must reinstate the driving

12  privilege when the clerk of the court provides an affidavit to

13  the department stating that:

14         1.  The person has satisfied the financial obligation

15  in full or made all payments currently due under a payment

16  plan;

17         2.  The person has entered into a written agreement for

18  payment of the financial obligation if not presently enrolled

19  in a payment plan; or

20         3.  A court has entered an order granting relief to the

21  person ordering the reinstatement of the license.

22         (c)  The department shall not be held liable for any

23  license suspension resulting from the discharge of its duties

24  under this section.

25         Section 65.  Paragraph (b) of subsection (4) of section

26  327.73, Florida Statutes, as amended by chapter 2003-402, Laws

27  of Florida, is amended to read:

28         327.73  Noncriminal infractions.--

29         (4)  Any person charged with a noncriminal infraction

30  under this section may:

31  


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 1         (b)  If he or she has posted bond, forfeit bond by not

 2  appearing at the designated time and location.

 3  

 4  If the person cited follows either of the above procedures, he

 5  or she shall be deemed to have admitted the noncriminal

 6  infraction and to have waived the right to a hearing on the

 7  issue of commission of the infraction. Such admission shall

 8  not be used as evidence in any other proceedings. If a person

 9  who is cited for a violation of s. 327.395 can show a boating

10  safety identification card issued to that person and valid at

11  the time of the citation, the clerk of the court may dismiss

12  the case and may assess a $5 dismissal fee of up to $7.50. If

13  a person who is cited for a violation of s. 328.72(13) can

14  show proof of having a registration for that vessel which was

15  valid at the time of the citation, the clerk may dismiss the

16  case and may assess the a $5 dismissal fee.

17         Section 66.  Subsection (1) of section 372.72, Florida

18  Statutes, is amended to read:

19         372.72  Disposition of fines, penalties, and

20  forfeitures.--

21         (1)  All moneys collected from fines, penalties, or

22  forfeitures of bail of persons convicted under this chapter

23  shall be deposited in the fine and forfeiture fund established

24  pursuant to s. 142.01 of the county where such convictions are

25  had, except for the disposition of moneys as provided in

26  subsection (2).

27         Section 67.  Section 382.023, Florida Statutes, as

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

29  read:

30         382.023  Department to receive dissolution-of-marriage

31  records; fees.--Clerks of the circuit courts shall collect for


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 1  their services at the time of the filing of a final judgment

 2  of dissolution of marriage a fee of up to $10.50, of which 43

 3  percent shall be retained by the clerk of the circuit court as

 4  a part of the cost in the cause in which the judgment is

 5  granted. The remaining 57 percent shall be remitted to the

 6  Department of Revenue for deposit to the Department of Health

 7  to defray part of the cost of maintaining the

 8  dissolution-of-marriage records. A record of each and every

 9  judgment of dissolution of marriage granted by the court

10  during the preceding calendar month, giving names of parties

11  and such other data as required by forms prescribed by the

12  department, shall be transmitted to the department, on or

13  before the 10th day of each month, along with an accounting of

14  the funds remitted to the Department of Revenue pursuant to

15  this section.

16         Section 68.  Section 384.288, Florida Statutes, is

17  amended to read:

18         384.288  Fees and other compensation; payment by board

19  of county commissioners.--

20         (1)  For the services required to be performed under

21  the provisions of ss. 384.27, 384.28, and 384.281,

22  compensation shall be paid as follows:

23         (a)  The sheriff shall receive the same fees and

24  mileage as are prescribed for like services in criminal cases.

25         (b)  The counsel appointed by the court to represent an

26  indigent person shall receive such reasonable compensation as

27  provided in s. 27.5304 is fixed by the court appointing him or

28  her.

29         (2)  All court-related fees, mileage, and charges

30  provided to the sheriff pursuant to paragraph (1)(a) shall be

31  taxed by the court as costs in each proceeding and shall be


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 1  paid by the board of county commissioners out of the general

 2  fund or fine and forfeiture fund of the county. All

 3  compensation provided to court-appointed counsel pursuant to

 4  paragraph (1)(b) shall be taxed by the court as costs and paid

 5  by the state.

 6         Section 69.  Section 392.68, Florida Statutes, is

 7  amended to read:

 8         392.68  Fees and other compensation.--

 9         (1)  For the services required to be performed under

10  ss. 392.55, 392.56, 392.57, and 392.62, compensation shall be

11  paid as follows:

12         (a)  The sheriff shall receive the same fees and

13  mileage as are prescribed for like services in criminal cases.

14         (b)  The counsel appointed by the court to represent an

15  indigent person shall receive such reasonable compensation as

16  provided in s. 27.5304 shall be fixed by the court appointing

17  him or her.

18         (2)  All fees, mileage, and charges provided to the

19  sheriff pursuant to paragraph (1)(a) shall be taxed by the

20  court as costs in each proceeding and shall be paid by the

21  board of county commissioners out of the general funds or the

22  fine and forfeiture funds of the county. All compensation

23  provided to court-appointed counsel pursuant to paragraph

24  (1)(b) shall be taxed by the court as costs and paid by the

25  state.

26         Section 70.  Section 394.473, Florida Statutes, as

27  amended by chapter 2003-402, Laws of Florida, is amended to

28  read:

29         394.473  Attorney's fee; expert witness fee.--

30         (1)  In the case of an indigent the indigence of any

31  person for whom an attorney is appointed pursuant to the


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 1  provisions of this part, the attorney shall be compensated by

 2  the state pursuant to s. 27.5304 entitled to a reasonable fee

 3  to be determined by the court and paid from the general fund

 4  of the county from which the patient was involuntarily

 5  detained. In the case of an indigent the indigence of any such

 6  person, the court may appoint a public defender. The public

 7  defender shall receive no additional compensation other than

 8  that usually paid his or her office.

 9         (2)  In the case of an indigent  the indigence of any

10  person for whom expert testimony is required in a court

11  hearing pursuant to the provisions of this act, the expert,

12  except one who is classified as a full-time employee of the

13  state or who is receiving remuneration from the state for his

14  or her time in attendance at the hearing, shall be compensated

15  by the state pursuant to s. 27.5304 entitled to a reasonable

16  fee to be determined by the court and paid from the general

17  fund of the county from which the patient was involuntarily

18  detained.

19         Section 71.  Subsection (1) of section 395.3025,

20  Florida Statutes, as amended by chapter 2003-402, Laws of

21  Florida, is amended to read:

22         395.3025  Patient and personnel records; copies;

23  examination.--

24         (1)  Any licensed facility shall, upon written request,

25  and only after discharge of the patient, furnish, in a timely

26  manner, without delays for legal review, to any person

27  admitted therein for care and treatment or treated thereat, or

28  to any such person's guardian, curator, or personal

29  representative, or in the absence of one of those persons, to

30  the next of kin of a decedent or the parent of a minor, or to

31  anyone designated by such person in writing, a true and


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 1  correct copy of all patient records, including X rays, and

 2  insurance information concerning such person, which records

 3  are in the possession of the licensed facility, provided the

 4  person requesting such records agrees to pay a charge. The

 5  exclusive charge for copies of patient records may include

 6  sales tax and actual postage, and, except for nonpaper records

 7  that which are subject to a charge not to exceed $2 as

 8  provided in s. 28.24(6)(c), may not exceed $1 per page, as

 9  provided in s. 28.24(5)(a). A fee of up to $1 may be charged

10  for each year of records requested. These charges shall apply

11  to all records furnished, whether directly from the facility

12  or from a copy service providing these services on behalf of

13  the facility. However, a patient whose records are copied or

14  searched for the purpose of continuing to receive medical care

15  is not required to pay a charge for copying or for the search.

16  The licensed facility shall further allow any such person to

17  examine the original records in its possession, or microforms

18  or other suitable reproductions of the records, upon such

19  reasonable terms as shall be imposed to assure that the

20  records will not be damaged, destroyed, or altered.

21         Section 72.  Subsection (5) of section 397.334, Florida

22  Statutes, as amended by chapter 2003-402, Laws of Florida, is

23  amended to read:

24         397.334  Treatment-based drug court programs.--

25         (5)  If a county chooses to fund a treatment-based drug

26  court program, the county must secure funding from sources

27  other than the state for those costs not otherwise assumed by

28  the state pursuant to s. 29.004. However, this does not

29  preclude counties from using treatment and other service

30  dollars provided through state executive branch agencies.

31  


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 1  Counties may provide, by interlocal agreement, for the

 2  collective funding of these programs.

 3         Section 73.  Subsection (1) of section 713.24, Florida

 4  Statutes, as amended by chapter 2003-402, Laws of Florida, is

 5  amended to read:

 6         713.24  Transfer of liens to security.--

 7         (1)  Any lien claimed under this part may be

 8  transferred, by any person having an interest in the real

 9  property upon which the lien is imposed or the contract under

10  which the lien is claimed, from such real property to other

11  security by either:

12         (a)  Depositing in the clerk's office a sum of money,

13  or

14         (b)  Filing in the clerk's office a bond executed as

15  surety by a surety insurer licensed to do business in this

16  state,

17  

18  either to be in an amount equal to the amount demanded in such

19  claim of lien, plus interest thereon at the legal rate for 3

20  years, plus $1,000 or 25 percent of the amount demanded in the

21  claim of lien, whichever is greater, to apply on any

22  attorney's fees and court costs that may be taxed in any

23  proceeding to enforce said lien. Such deposit or bond shall be

24  conditioned to pay any judgment or decree which may be

25  rendered for the satisfaction of the lien for which such claim

26  of lien was recorded. Upon making such deposit or filing such

27  bond, the clerk shall make and record a certificate showing

28  the transfer of the lien from the real property to the

29  security and shall mail a copy thereof by registered or

30  certified mail to the lienor named in the claim of lien so

31  transferred, at the address stated therein. Upon filing the


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 1  certificate of transfer, the real property shall thereupon be

 2  released from the lien claimed, and such lien shall be

 3  transferred to said security. In the absence of allegations of

 4  privity between the lienor and the owner, and subject to any

 5  order of the court increasing the amount required for the lien

 6  transfer deposit or bond, no other judgment or decree to pay

 7  money may be entered by the court against the owner. The clerk

 8  shall be entitled to a service charge fee for making and

 9  serving the certificate, in the amount sum of up to $15. If

10  the transaction involves the transfer of multiple liens, an

11  additional charge of up to $7.50 for each additional lien

12  shall be charged. For recording the certificate and approving

13  the bond, the clerk shall receive her or his usual statutory

14  service charges as prescribed in s. 28.24. Any number of liens

15  may be transferred to one such security.

16         Section 74.  Subsections (1) and (3) of section 721.83,

17  Florida Statutes, as amended by chapter 2003-402, Laws of

18  Florida, are amended to read:

19         721.83  Consolidation of foreclosure actions.--

20         (1)  A complaint in a foreclosure proceeding involving

21  timeshare estates may join in the same action multiple

22  defendant obligors and junior interestholders of separate

23  timeshare estates, provided:

24         (a)  The foreclosure proceeding involves a single

25  timeshare property.;

26         (b)  The foreclosure proceeding is filed by a single

27  plaintiff.;

28         (c)  The default and remedy provisions in the written

29  instruments on which the foreclosure proceeding is based are

30  substantially the same for each defendant.; and

31  


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 1         (d)  The nature of the defaults alleged is the same for

 2  each defendant.

 3         (e)  No more than fifteen timeshare estates, without

 4  regard to the number of defendants, are joined within the same

 5  consolidated foreclosure action.

 6         (3)  A consolidated timeshare foreclosure action shall

 7  be considered a single action, suit, or proceeding for the

 8  payment of filing fees and service charges pursuant to general

 9  law. In addition to the payment of such filing fees and

10  service charges, an additional filing fee of up to $5 for each

11  timeshare estate joined in that action shall be paid to the

12  clerk of court. The clerk of court shall require a plaintiff

13  to pay separate filing fees and service charges as provided by

14  general law for each defendant in a consolidated foreclosure

15  action filed pursuant to this section.

16         Section 75.  Subsection (2) of section 741.01, Florida

17  Statutes, is amended to read:

18         741.01  County court judge or clerk of the circuit

19  court to issue marriage license; fee.--

20         (2)  The fee charged for each marriage license issued

21  in the state shall be increased by the sum of $25 $30. This

22  fee shall be collected upon receipt of the application for the

23  issuance of a marriage license and remitted by the clerk to

24  the Department of Revenue for deposit in the Domestic Violence

25  Trust Fund. The Executive Office of the Governor shall

26  establish a Domestic Violence Trust Fund for the purpose of

27  collecting and disbursing funds generated from the increase in

28  the marriage license fee. Such funds which are generated shall

29  be directed to the Department of Children and Family Services

30  for the specific purpose of funding domestic violence centers,

31  and the funds shall be appropriated in a "grants-in-aid"


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 1  category to the Department of Children and Family Services for

 2  the purpose of funding domestic violence centers. From the

 3  proceeds of the surcharge deposited into the Domestic Violence

 4  Trust Fund as required under s. 938.08, the Executive Office

 5  of the Governor may spend up to $500,000 each year for the

 6  purpose of administering a statewide public-awareness campaign

 7  regarding domestic violence.

 8         Section 76.  Paragraph (b) of subsection (7) of section

 9  744.331, Florida Statutes, is amended to read:

10         744.331  Procedures to determine incapacity.--

11         (7)  FEES.--

12         (b)  The fees awarded under paragraph (a) shall be paid

13  by the guardian from the property of the ward or, if the ward

14  is indigent, by the state county. The state county shall have

15  a creditor's claim against the guardianship property for any

16  amounts paid under this section. The state may county must

17  file its claim within 90 days after the entry of an order

18  awarding attorney ad litem fees. If the state county does not

19  file its claim within the 90-day period, the state county is

20  thereafter barred from asserting the claim. Upon petition by

21  the state county for payment of the claim, the court shall

22  enter an order authorizing immediate payment out of the

23  property of the ward. The state board of county commissioners

24  shall keep a record of such payments.

25         Section 77.  Subsection (6) of section 744.365, Florida

26  Statutes, as amended by chapter 2003-402, Laws of Florida, is

27  amended to read:

28         744.365  Verified inventory.--

29         (6)  AUDIT FEE.--

30         (a)  Where the value of the ward's property exceeds

31  $25,000, a guardian shall pay from the ward's property to the


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 1  clerk of the circuit court a fee of up to $75, upon the filing

 2  of the verified inventory, for the auditing of the inventory.

 3  Upon petition by the guardian, the court may waive the

 4  auditing fee upon a showing of insufficient funds in the

 5  ward's estate. Any guardian unable to pay the auditing fee may

 6  petition the court for waiver of the fee. The court may waive

 7  the fee after it has reviewed the documentation filed by the

 8  guardian in support of the waiver.

 9         (b)  An audit fee may not be charged to any ward whose

10  property has a value of less than $25,000. In such case, the

11  audit fee must be paid from the general fund of the county in

12  which the guardianship proceeding is conducted.

13         Section 78.  Subsection (4) of section 744.3678,

14  Florida Statutes, as amended by chapter 2003-402, Laws of

15  Florida, is amended to read:

16         744.3678  Annual accounting.--

17         (4)  The guardian shall pay from the ward's estate to

18  the clerk of the circuit court a fee based upon the following

19  graduated fee schedule, upon the filing of the annual

20  financial return, for the auditing of the return:

21         (a)  For estates with a value of $25,000 or less the

22  clerk of the court may charge a fee of up to $15.

23         (b)  For estates with a value of more than $25,000 up

24  to and including $100,000 the clerk of the court may charge a

25  fee of up to $75.

26         (c)  For estates with a value of more than $100,000 up

27  to and including $500,000 the clerk of the court may charge a

28  fee of up to $150.

29         (d)  For estates with a value in excess of $500,000 the

30  clerk of the court may charge a fee of up to $225.

31  


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 1  Upon petition by the guardian, the court may waive the

 2  auditing fee upon a showing of insufficient funds in the

 3  ward's estate. Any guardian unable to pay the auditing fee may

 4  petition the court for a waiver of the fee. The court may

 5  waive the fee after it has reviewed the documentation filed by

 6  the guardian in support of the waiver.

 7         Section 79.  Subsection (2) of section 766.104, Florida

 8  Statutes, is amended to read:

 9         766.104  Pleading in medical negligence cases; claim

10  for punitive damages; authorization for release of records for

11  investigation.--

12         (2)  Upon petition to the clerk of the court where the

13  suit will be filed and payment to the clerk of a filing fee,

14  not to exceed $37.50 $25, established by the chief judge, an

15  automatic 90-day extension of the statute of limitations shall

16  be granted to allow the reasonable investigation required by

17  subsection (1). This period shall be in addition to other

18  tolling periods. No court order is required for the extension

19  to be effective. The provisions of this subsection shall not

20  be deemed to revive a cause of action on which the statute of

21  limitations has run.

22         Section 80.  Subsection (2) of section 903.035, Florida

23  Statutes, is amended to read:

24         903.035  Applications for bail; information provided;

25  hearing on application for modification; penalty for providing

26  false or misleading information or omitting material

27  information.--

28         (2)  An application for modification of bail on any

29  felony charge must be heard by a court in person, at a hearing

30  with the defendant present, and with at least 3 hours' notice

31  to the state attorney and the county attorney.


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 1         Section 81.  Paragraph (a) of subsection (3) and

 2  subsection (8) of section 903.26, Florida Statutes, are

 3  amended to read:

 4         903.26  Forfeiture of the bond; when and how directed;

 5  discharge; how and when made; effect of payment.--

 6         (3)  Sixty days after the forfeiture notice has been

 7  mailed:

 8         (a)  State and county officials having custody of

 9  forfeited money shall deposit the money in the county fine and

10  forfeiture fund established pursuant to s. 142.01;

11         (8)  If the defendant is arrested and returned to the

12  county of jurisdiction of the court prior to judgment, the

13  clerk, upon affirmation by the sheriff or the chief

14  correctional officer, shall, without further order of the

15  court, discharge the forfeiture of the bond. However, if the

16  surety agent fails to pay the costs and expenses incurred in

17  returning the defendant to the county of jurisdiction, the

18  clerk shall not discharge the forfeiture of the bond. If the

19  surety agent and the state county attorney fail to agree on

20  the amount of said costs, then the court, after notice to the

21  state county attorney, shall determine the amount of the

22  costs.

23         Section 82.  Subsection (8) of section 903.28, Florida

24  Statutes, is amended to read:

25         903.28  Remission of forfeiture; conditions.--

26         (8)  An application for remission must be accompanied

27  by affidavits setting forth the facts on which it is founded;

28  however, the surety must establish by further documentation or

29  other evidence any claimed attempt at procuring or causing the

30  apprehension or surrender of the defendant before the court

31  may order remission based upon an attempt to procure or cause


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 1  such apprehension or surrender. The state attorney and the

 2  county attorney must be given 20 days' notice before a hearing

 3  on an application and be furnished copies of all papers,

 4  applications, and affidavits. Remission shall be granted on

 5  the condition of payment of costs, unless the ground for

 6  remission is that there was no breach of the bond.

 7         Section 83.  Section 925.09, Florida Statutes, is

 8  amended to read:

 9         925.09  Authority of state attorney to order

10  autopsies.--The state attorney may have an autopsy performed,

11  before or after interment, on a dead body found in the county

12  when she or he decides it is necessary in determining whether

13  or not death was the result of a crime. Physicians performing

14  the autopsy shall be paid reasonable fees by from the county

15  fine and forfeiture fund upon the approval of the county

16  commission and the state attorney ordering the autopsy.

17         Section 84.  Section 938.10, Florida Statutes, is

18  created to read:

19         938.10  Additional court cost imposed in cases of

20  certain crimes against minors.--

21         (1)  If a person pleads guilty or nolo contendere to,

22  or is found guilty of, regardless of adjudication, any offense

23  against a minor in violation of s. 784.085, chapter 787,

24  chapter 794, s. 796.03, s. 800.04, chapter 827, s. 847.0145,

25  or s. 985.4045, the court shall impose a court cost of $101

26  against the offender in addition to any other cost or penalty

27  required by law.

28         (2)  Each month the clerk of the court shall transfer

29  the proceeds of the court cost, less $1 from each sum

30  collected which the clerk shall retain as a service charge, to

31  the Department of Revenue for deposit into the Department of


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 1  Children and Family Services' Child Advocacy Trust Fund for

 2  disbursement to the Florida Network of Children's Advocacy

 3  Centers, Inc., for the purpose of funding children's advocacy

 4  centers that are members of the network. If the Child Advocacy

 5  Trust Fund is not created by law within the Department of

 6  Children and Family Services, the clerk of the court shall

 7  transfer the proceeds to the Department of Revenue for deposit

 8  into the Department of Children and Family Services' Grants

 9  and Donations Trust Fund for disbursement to the Florida

10  Network of Children's Advocacy Centers, Inc., for the purpose

11  of funding children's advocacy centers that are members of the

12  network.

13         (3)  At the end of each fiscal year, each children's

14  advocacy center receiving revenue as provided in this section

15  must provide a report to the Board of Directors of the Florida

16  Network of Children's Advocacy Centers, Inc., which reflects

17  center expenditures, all sources of revenue received, and

18  outputs that have been standardized and agreed upon by network

19  members and the board of directors, such as the number of

20  clients served, client demographic information, and number and

21  types of services provided. The Florida Network of Children's

22  Advocacy Centers, Inc., must compile reports from the centers

23  and provide a report to the President of the Senate and the

24  Speaker of the House of Representatives in August of each year

25  beginning in 2005.

26         Section 85.  Section 938.17, Florida Statutes, is

27  amended to read:

28         938.17  County delinquency prevention; juvenile

29  assessment centers and school board suspension programs.--

30         (1)  A county may adopt a mandatory cost to be assessed

31  in specific cases by incorporating by reference the provisions


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 1  of this section in a county ordinance. Prior to the use of

 2  costs received pursuant to s. 939.185 adoption of the county

 3  ordinance, the sheriff's office of the county must be a

 4  partner in a written agreement with the Department of Juvenile

 5  Justice to participate in a juvenile assessment center or with

 6  the district school board to participate in a suspension

 7  program.

 8         (2)  In counties in which the sheriff's office is a

 9  partner in a juvenile assessment center pursuant to s.

10  985.209, or a partner in a suspension program developed in

11  conjunction with the district school board in the county of

12  the sheriff's jurisdiction, the court shall assess court costs

13  of $3 per case, in addition to any other authorized cost or

14  fine, on every person who, with respect to a charge,

15  indictment, prosecution commenced, or petition of delinquency

16  filed in that county or circuit, pleads guilty, nolo

17  contendere to, or is convicted of, or adjudicated delinquent

18  for, or has an adjudication withheld for, a felony or

19  misdemeanor, or a criminal traffic offense or handicapped

20  parking violation under state law, or a violation of any

21  municipal or county ordinance, if the violation constitutes a

22  misdemeanor under state law.

23         (3)(a)  The clerks of the county and circuit court, in

24  a county where the sheriff's office is a partner in an

25  assessment center or suspension program as specified in

26  subsection (1), shall collect and deposit the assessments

27  collected pursuant to this section in an appropriate,

28  designated account established by the clerk of the court, for

29  disbursement to the sheriff as needed for the implementation

30  and operation of an assessment center or suspension program.

31  


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 1         (b)  The clerk of the circuit and county court shall

 2  withhold 5 percent of the assessments each court collects

 3  pursuant to this section, for the costs of administering the

 4  collection of assessments under this section.

 5         (2)(c)  Assessments collected by clerks of the circuit

 6  courts comprised of more than one county shall remit the funds

 7  collected pursuant to s. 939.185 this section to the county in

 8  which the offense at issue was committed for deposit and

 9  disbursement according to this section.

10         (3)(d)  Any other funds the sheriff's office obtains

11  for the implementation or operation of an assessment center or

12  suspension program may be deposited into the designated

13  account for disbursement to the sheriff as needed.

14         (4)  A sheriff's office that receives proceeds pursuant

15  to s. 939.185 the cost assessments established in subsection

16  (1) shall account for all funds annually that have been

17  deposited into the designated account by August 1 annually in

18  a written report to the juvenile justice county council if

19  funds are used for assessment centers, and to the district

20  school board if funds are used for suspension programs.

21         Section 86.  Subsection (4) of section 938.29, Florida

22  Statutes, as amended by chapter 2003-402, Laws of Florida, is

23  amended, and subsections (5) and (6) of said section are

24  renumbered as subsections (4) and (5), respectively, to read:

25         938.29  Legal assistance; lien for payment of

26  attorney's fees or costs.--

27         (4)  The clerk of the county claiming such lien is

28  authorized to contract with a private attorney or collection

29  agency for collection of such debts or liens, provided the fee

30  for such collection shall be on a contingent basis not to

31  exceed 50 percent of the recovery. However, no fee shall be


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 1  paid to any collection agency by reason of foreclosure

 2  proceedings against real property or from the proceeds from

 3  the sale or other disposition of real property.

 4         Section 87.  Section 938.35, Florida Statutes, as

 5  amended by chapter 2003-402, Laws of Florida, is amended to

 6  read:

 7         938.35  Collection of court-related financial

 8  obligations.--The board of county commissioners or the

 9  governing body of a municipality may pursue the collection of

10  any fees, service charges, fines, court costs, or other costs

11  to which it is entitled which remain unpaid for 90 days or

12  more, or refer the account such collection to a private

13  attorney who is a member in good standing of The Florida Bar

14  or collection agent who is registered and in good standing

15  pursuant to chapter 559. In pursuing the collection of such

16  unpaid financial obligations through a private attorney or

17  collection agent, the board of county commissioners or the

18  governing body of a municipality must determine this is

19  cost-effective and follow applicable procurement practices.

20  The collection fee, including any reasonable attorney's fee,

21  paid to any attorney or collection agent retained by the board

22  of county commissioners or the governing body of a

23  municipality may be added to the balance owed, in an amount

24  not to exceed 40 percent of the amount owed at the time the

25  account is referred to the attorney or agents for collection.

26         Section 88.  Section 939.185, Florida Statutes, is

27  created to read:

28         939.185  Assessment of additional court costs.--

29         (1)(a)  The board of county commissioners may adopt by

30  ordinance an additional court cost, not to exceed $65, to be

31  imposed by the court when a person pleads guilty or nolo


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 1  contendere to, or is found guilty of, any felony, misdemeanor,

 2  or criminal traffic offense under the laws of this state. Such

 3  additional assessment shall be accounted for separately by the

 4  county in which the offense occurred and be used only in the

 5  county imposing this cost, to be allocated as follows:

 6         1.  Twenty-five percent of the amount collected shall

 7  be allocated to fund innovations to supplement state funding

 8  for the elements of the state courts system identified in s.

 9  29.004 and county funding for local requirements under s.

10  29.008(2)(a)2.

11         2.  Twenty-five percent of the amount collected shall

12  be allocated to assist counties in providing legal aid

13  programs required under s. 29.008(3)(a).

14         3.  Twenty-five percent of the amount collected shall

15  be allocated to fund personnel and legal materials for the

16  public as part of a law library.

17         4.  Twenty-five percent of the amount collected shall

18  be used as determined by the board of county commissioners to

19  support teen court programs, juvenile assessment centers, and

20  other juvenile alternative programs.

21  

22  Each county receiving funds under this section shall report

23  the amount of funds collected pursuant to this section and an

24  itemized list of expenditures for all authorized programs and

25  activities. The report shall be submitted in a format

26  developed by the Supreme Court to the Governor, the Chief

27  Financial Officer, the President of the Senate, and the

28  Speaker of the House of Representatives on a quarterly basis

29  beginning with the quarter ending September 30, 2004.

30  Quarterly reports shall be submitted no later than 30 days

31  after the end of the quarter. Any unspent funds at the close


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 1  of the county fiscal year allocated under subparagraphs 2.,

 2  3., and 4., shall be transferred for use pursuant to

 3  subparagraph 1.

 4         (b)  The disbursement of costs collected under this

 5  section shall be subordinate in priority order of disbursement

 6  to all other state-imposed costs authorized in this chapter,

 7  restitution or other compensation to victims, and child

 8  support payments.

 9         (2)  The court shall order a person to pay the

10  additional court cost. If the person is determined to be

11  indigent, the clerk shall defer payment of this cost.

12         Section 89.  Paragraph (l) of subsection (1) of section

13  960.001, Florida Statutes, as amended by chapter 2003-402,

14  Laws of Florida, is amended to read:

15         960.001  Guidelines for fair treatment of victims and

16  witnesses in the criminal justice and juvenile justice

17  systems.--

18         (1)  The Department of Legal Affairs, the state

19  attorneys, the Department of Corrections, the Department of

20  Juvenile Justice, the Parole Commission, the State Courts

21  Administrator and circuit court administrators, the Department

22  of Law Enforcement, and every sheriff's department, police

23  department, or other law enforcement agency as defined in s.

24  943.10(4) shall develop and implement guidelines for the use

25  of their respective agencies, which guidelines are consistent

26  with the purposes of this act and s. 16(b), Art. I of the

27  State Constitution and are designed to implement the

28  provisions of s. 16(b), Art. I of the State Constitution and

29  to achieve the following objectives:

30         (l)  Local witness coordination services.--The

31  requirements for notification provided for in paragraphs


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 1  (c)(b), (d), (f), and (i) may be performed by the state

 2  attorney or public defender for their own witnesses as

 3  provided in s. 27.0065, as appropriate.

 4         Section 90.  Subsections (2) and (3) of section

 5  985.203, Florida Statutes, as amended by chapter 2003-402,

 6  Laws of Florida, are amended to read:

 7         985.203  Right to counsel.--

 8         (2)  If the parents or legal guardian of an indigent

 9  child are not indigent but refuse to employ counsel, the court

10  shall appoint counsel pursuant to s. 27.52(3)(d) to represent

11  the child at the detention hearing and until counsel is

12  provided. Costs of representation are hereby imposed as

13  provided by ss. 27.52(3)(d) and 938.29. Thereafter, the court

14  shall not appoint counsel for an indigent child with

15  nonindigent parents or legal guardian but shall order the

16  parents or legal guardian to obtain private counsel. A parent

17  or legal guardian of an indigent child who has been ordered to

18  obtain private counsel for the child and who willfully fails

19  to follow the court order shall be punished by the court in

20  civil contempt proceedings.

21         (3)  An indigent child with nonindigent parents or

22  legal guardian may have counsel appointed pursuant to s.

23  27.52(2)(d) if the parents or legal guardian have willfully

24  refused to obey the court order to obtain counsel for the

25  child and have been punished by civil contempt and then still

26  have willfully refused to obey the court order. Costs of

27  representation are hereby imposed as provided by ss.

28  27.52(2)(d) and 938.29.

29         Section 91.  Section 149 of chapter 2003-402, Laws of

30  Florida, is amended to read:

31  


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 1         Section 149.  Fees, service charges,  and costs fees

 2  imposed by the governing authority of counties by ordinance

 3  and special law pursuant to authority granted in ss. 28.2401,

 4  28.241, 34.041 28.242-34.041, 938.17, and 938.19, Florida

 5  Statutes, on or before prior to June 30, 2004, are repealed

 6  and abolished effective July 1, 2004.

 7         Section 92.  (1)  It is the intent of the Legislature

 8  to implement Revision 7 to Article V of the State Constitution

 9  in a way which recognizes the allocation of funding

10  responsibilities among the state, counties, and system users.

11         (2)  The Legislature hereby declares that the

12  provisions of this act designed to achieve that allocation of

13  responsibility fulfill an important state interest.

14         Section 93.  Court-related assessments to be retained

15  by the clerk of the court after July 1, 2004, to fund

16  court-related functions included on the standard list in

17  section 28.35(4)(a), Florida Statutes, shall be remitted to

18  the clerk of the court after July 1, 2004, regardless of the

19  date of assessment.

20         Section 94.  On July 1, 2004, all cash balances within

21  county funds previously established to provide dedicated

22  funding to benefit specific court-related programs shall be

23  used to fund these programs after July 1, 2004, until those

24  funds are depleted.

25         Section 95.  Cost sharing of due process costs;

26  legislative intent.--It is the intent of the Legislature to

27  provide state-funded due process services to the state courts

28  system, state attorneys, public defenders, and court-appointed

29  counsel in the most cost-effective and efficient manner. The

30  state courts system, state attorneys, public defenders, and

31  court-appointed counsel may enter into contractual agreements


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 1  to share, on a pro rata basis, the costs associated with court

 2  reporting services, court interpreter and translation

 3  services, court experts, and all other due process services

 4  funded by the state pursuant to chapter 29, Florida Statutes.

 5  These costs shall be budgeted within the funds appropriated to

 6  each of the affected users of services.

 7         Section 96.  The Division of Statutory Revision of the

 8  Office of Legislative Services shall redesignate, in the next

 9  edition of the Florida Statutes, the title of chapter 40,

10  Florida Statutes, as "Juries; Payment of Jurors and Due

11  Process Costs."

12         Section 97.  Billings submitted for payment of due

13  process services, including, but not limited to, court

14  reporter services, court interpreter services, expert witness

15  services, mental health evaluations, and court-appointed

16  counsel services must be paid by the counties if the services

17  were rendered before July 1, 2004. Counties must also pay for

18  the entire cost of any flat-fee-per-case payment pursuant to a

19  contract or professional services agreement with

20  court-appointed counsel for appointments made before July 1,

21  2004, regardless of whether work on the case is actually

22  concluded prior to July 1, 2004. Except for flat-fee contracts

23  with court-appointed counsel, billings for services on any

24  case that commenced prior to July 1, 2004, but continues past

25  July 1, 2004, must be submitted with an itemized listing of

26  payment due for services rendered before July 1, 2004, and on

27  or after July 1, 2004. The county shall pay the portion of the

28  bill for services rendered before July 1, 2004, and provide a

29  copy of the itemized bill to the Justice Administrative

30  Commission or the Office of the State Courts Administrator as

31  


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 1  appropriate for payment of the portion of the bill for

 2  services provided on or after July 1, 2004.

 3         Section 98.  No later than July 1, 2004, the Office of

 4  the State Courts Administrator shall prepare and disseminate a

 5  manual of court-related filing fees, service charges, costs,

 6  and fines imposed pursuant to state law, organized by county

 7  for each type of action and offense and classified as either

 8  mandatory or discretionary. The Office of the State Courts

 9  Administrator shall disseminate this manual to the chief

10  judge, state attorney, public defender, and court

11  administrator in each circuit and to the clerk of the court in

12  each county. The Office of the State Courts Administrator

13  shall update and disseminate this manual on July 1, of each

14  year thereafter.

15         Section 99.  Procurement of state-funded services;

16  review of procurement policies and practices; training

17  assistance; assistance with competitive solicitations.--

18         (1)  The Department of Management Services, with the

19  assistance of the Auditor General, shall review the

20  procurement of state-funded services under chapter 29, Florida

21  Statutes, by the state courts system, state attorneys, and

22  public defenders. In conducting this review, the department

23  shall evaluate existing procurement polices and practices and

24  propose strategies for achieving cost-savings through

25  efficiencies in contract administration and contracting

26  methods, including the use of regional or statewide contracts.

27  The department shall report its findings and recommendations

28  to the Governor, the President of the Senate, the Speaker of

29  the House of Representatives, the Chief Justice of the Supreme

30  Court, and the Justice Administrative Commission, by January

31  1, 2005. The report should include operational strategies for


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 1  consideration by the procuring entities and policy

 2  recommendations for consideration by the Legislature.

 3         (2)  In accordance with section 287.042, Florida

 4  Statutes, the department may assist the Office of the State

 5  Courts Administrator and the Justice Administrative Commission

 6  with competitive solicitations for the procurement of

 7  state-funded services under chapter 29, Florida Statutes. This

 8  may include assistance in the development and review of

 9  proposals in compliance with chapter 287, Florida Statutes,

10  and rules adopted under that chapter.

11         Section 100.  (1)  The Department of Revenue may adopt

12  rules necessary to carry out its responsibilities in sections

13  28.35, 28.36, and 28.37, Florida Statutes. The rules shall

14  include forms and procedures for transferring funds from the

15  clerks of the court to the Clerks of the Court Trust Fund

16  within the Department of Revenue.

17         (2)  The Department of Financial Services may adopt

18  rules as necessary to carry out its responsibilities under

19  sections 28.35, 28.36, and 28.37, Florida Statutes.

20         Section 101.  Effective July 1, 2004, sections 11.75,

21  40.30, 142.04, 142.05, 142.06, 142.07, 142.08, 142.10, 142.11,

22  142.12, 142.13, and 939.18, Florida Statutes, are repealed.

23         Section 102.  There is hereby appropriated $75,000 from

24  nonrecurring general revenue to the Department of Management

25  Services to conduct the review required in this act. Funds may

26  be used for expenses, consulting assistance, and temporary

27  staff necessary to conduct the review.

28         Section 103.  There is appropriated $2,500,000 from the

29  Department of Financial Services' Administrative Trust Fund

30  and five full-time equivalent positions are authorized for

31  fiscal year 2004-2005 to fund the contract with the Florida


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 1  Clerks of Court Operations Corporation created pursuant to

 2  section 28.35, Florida Statutes, and to provide for personnel

 3  and other expenses necessary to implement the department's

 4  responsibilities pursuant to this act. Funds for the contract

 5  with the Clerks of the Court Operations Corporation shall be

 6  appropriated in a special category created only for this

 7  purpose by the Executive Office of the Governor in

 8  consultation with the chairs of the respective committees

 9  responsible for appropriations in the Senate and the House of

10  Representatives.

11         Section 104.  There is appropriated $20,000,000 from

12  the Clerks of the Court Trust Fund in the Department of

13  Revenue for fiscal year 2004-2005 to fund the revenue deficits

14  for the clerks of the circuit court in accordance with the

15  provisions of section 28.36, Florida Statutes. The Executive

16  Office of the Governor may provide release authority for these

17  funds as needed in accordance with the provisions of section

18  28.36, Florida Statutes, and subject to all other provisions

19  of chapter 216, Florida Statutes.

20         Section 105.  There is appropriated from the Clerks of

21  the Court Trust Fund in the Department of Revenue, $13,600,000

22  from funds resulting from the recording fee collected pursuant

23  to section 15 of this act and the imposition of the filing fee

24  for reopened cases required by section 31 of chapter 2003-402,

25  Laws of Florida. These funds shall be used for the purpose of

26  addressing cash-flow problems that may arise in Clerks of the

27  Court offices during July and August of 2004, and shall be

28  distributed pursuant to the provisions of section 28.36,

29  Florida Statutes.

30         Section 106.  The sum of $500,000 is hereby

31  appropriated from General Revenue Fund to the Office of


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 1  Legislative Services on a nonrecurring basis for fiscal year

 2  2004-2005. These appropriated funds shall be used by the

 3  President of the Senate and the Speaker of the House of

 4  Representatives to pay for the expenses of the Article V

 5  Technology Board created pursuant to section 29.0086, Florida

 6  Statutes, and to hire or contract for staff to work under the

 7  direction of the board.

 8         Section 107.  The sum of $2,500,000 is appropriated

 9  from the Domestic Violence Trust Fund to the Department of

10  Children and Family Services for the purpose of funding the

11  operational costs of certified domestic violence shelters for

12  the 2004-2005 fiscal year.

13         Section 108.  The sum of $900,000 is appropriated from

14  the Grants and Donations Trust Fund to the Department of

15  Children and Family Services for the purpose of funding

16  children's advocacy centers pursuant to section 938.10,

17  Florida Statutes, for the 2004-2005 fiscal year.

18         Section 109.  Except as otherwise expressly provided in

19  this act and except for this section, which shall take effect

20  upon becoming a law, this act shall take effect July 1, 2004.

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  


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