HB 1935

1	A bill to be entitled
2	An act relating to the state judicial system; amending s.
3	27.40, F.S., relating to circuit registries for court-
4	appointed counsel; requiring that an attorney enter into a
5	contract to be included on the registry; revising
6	requirements for private court-appointed counsel;
7	requiring the Justice Administrative Commission to approve
8	uniform procedures and forms for use in billing for
9	attorney's fees, costs, and related expenses; requiring
10	that a withdrawal order be filed with the commission;
11	revising fee payment provisions; providing that withdrawal
12	from a case creates a rebuttable presumption of
13	nonentitlement to the entire flat fee; amending s. 27.42,
14	F.S.; requiring the circuit Article V indigent services
15	committee to establish the compensation rates for court-
16	appointed counsel or in cases of indigency; requiring each
17	committee to establish a schedule of allowances for due-
18	process expenses; authorizing alternate models for
19	providing criminal and civil due-process representation;
20	amending s. 27.52, F.S., relating to the determination of
21	indigent status; providing for application to the clerk of
22	court for such a determination and appointment of a public
23	defender; providing application requirements; requiring an
24	application fee; providing for transfer and deposit of
25	such fees into the Indigent Criminal Defense Trust Fund to
26	be used for certain purposes; authorizing clerks of courts
27	to retain a portion of the fees for certain purposes;
28	prescribing duties of the clerk of court and the public
29	defender relating to an application; prescribing
30	application requirements and review criteria; providing
31	for determinations by a clerk on the basis of an
32	applicant's indigency; providing criteria; providing for
33	appointment of counsel on an interim basis; providing for
34	review by the court of a clerk's determination; providing
35	criteria; authorizing the court to determine a person
36	indigent for costs and eligible for payment of due-process
37	expenses; providing criteria and requirements for such
38	determination; requiring certain parents or legal
39	guardians to furnish legal services and costs to certain
40	persons relating to delinquency proceedings or criminal
41	prosecutions; providing for imposition of a lien for
42	certain liabilities and lien enforcement; providing for a
43	reevaluation of indigent status and referral to the state
44	attorney upon evidence of financial discrepancies or
45	fraud; providing for recovery and disposition of certain
46	amounts recovered; providing criminal penalties for the
47	provision of false information; amending s. 27.5304, F.S.;
48	authorizing the Justice Administrative Commission to pay
49	attorney's fees without court approval under certain
50	conditions; requiring the attorney to provide the
51	commission with advance notice of a court hearing on
52	payment of fees and costs; authorizing the commission to
53	participate in such hearings using certain equipment;
54	entitling private court-appointed counsel to compensation
55	upon final disposition; providing exceptions; specifying
56	intervals other than final disposition of a case at which
57	private court-appointed counsel may request payment;
58	removing a reference to the Article V Indigent services
59	Advisory Board; clarifying a prohibition against allowing
60	an attorney who is not on the registry to appear;
61	restricting the reimbursement allowed for the preparation
62	of invoices; amending s. 27.54, F.S.; requiring a county
63	or municipality to pay certain costs for due-process
64	services in local ordinance violation cases; prescribing
65	assessment of fees to recover such costs; providing for
66	determination and collection of such fees; amending s.
67	28.24, F.S.; requiring the clerk of the court to charge
68	for certain recording services and performing certain
69	duties; requiring the clerk of the court to provide
70	without charge copies to court-appointed counsel paid by
71	the state; requiring clerks of the court to participate in
72	the Comprehensive Case Information System by a certain
73	date; providing an exception to the designation of the
74	clerk of court as custodian of official records; amending
75	s. 28.2402, F.S.; prohibiting a county or municipality
76	from being required to pay more than one filing fee for a
77	single filing containing multiple allegations; prohibiting
78	a filing fee for initiating certain enforcement
79	proceedings; amending s. 28.245, F.S.; requiring the
80	clerks of the court to remit collections to the Department
81	of Revenue within a specified period; amending s. 28.246,
82	F.S.; conforming a reference to the Florida Clerks of
83	Court Operations Corporation; revising provisions
84	authorizing an individual to enter into a payment plan for
85	the payment of fees, costs, or fines; requiring the clerk
86	to enter into a payment plan with certain persons;
87	providing payment plan criteria; providing for the court
88	to review the payment plan; amending s. 28.345, F.S.;
89	exempting certain court staff and court-appointed counsel
90	from the payment of fees and charges assessed by the clerk
91	of the circuit court; amending s. 28.36, F.S.; requiring
92	the chief judge of each circuit to coordinate court-
93	related functions and determine the priorities of
94	functions of the clerk of court; revising the date for the
95	county clerk to submit a proposed budget; conforming a
96	reference to the Florida Clerks of Court Operations
97	Corporation; conforming a cross reference; conforming a
98	reference to the Chief Financial Officer; authorizing the
99	corporation to approve additional funding and adjust a
100	clerk's budget under prescribed conditions; creating s.
101	28.44, F.S.; providing a method by which the clerk of
102	court may discontinue or substantially modify court-
103	related functions; providing a definition; creating s.
104	28.45, F.S.; providing for absence of responsibility of
105	the clerk to repay specified costs; amending s. 29.004,
106	F.S.; providing for state appropriations to be used for
107	expert witnesses who are appointed by the court rather
108	than requested by any party; amending s. 29.005, F.S.;
109	deleting certain appointed mental health professionals
110	from elements of state attorneys' offices provided from
111	state revenues; amending s. 29.007, F.S.; providing for
112	state funds to be used in providing mental health
113	professionals in certain civil cases; clarifying the use
114	of state funds at the trial or appellate level to pay
115	certain costs on behalf of a litigant who is indigent;
116	amending s. 29.008, F.S.; requiring that the county where
117	the appellate district is located fund the appellate
118	division of the public defender's office; expanding the
119	definition of the term "facility" to include items
120	necessary for court-reporting services; narrowing a
121	limitation on the application of certain requirements to
122	specified facilities; including hearing rooms within those
123	facilities funded by the county as a court-related
124	function; including audio equipment within county-funded
125	communications services; amending s. 29.015, F.S.;
126	requiring the Justice Administrative Commission to adjust
127	certain allocations of funds among circuits under certain
128	circumstances; requiring notice of such adjustment;
129	requiring the commission to request a budget amendment
130	under certain circumstances to address budget deficits
131	relating to due-process services; amending s. 29.018,
132	F.S.; eliminating the authority for court-appointed
133	counsel to contract to share in court and due-process
134	services; providing that the Justice Administrative
135	Commission may contract for such cost-sharing on behalf of
136	court-appointed counsel; creating s. 29.0185, F.S.;
137	limiting provision of state-funded due-process services to
138	individuals under certain circumstances; amending s.
139	34.045, F.S.; proscribing a county or municipality from
140	being required to pay more than one filing fee for a
141	single filing containing multiple allegations; prohibiting
142	assessment of a filing fee for initiating certain
143	enforcement proceedings in county court; expanding
144	conditions under which the county or municipality is the
145	prevailing party; requiring an assessment of a filing fee;
146	amending s. 34.191, F.S.; excluding certain counties
147	having a consolidated government from the term
148	municipality; amending s. 39.0132, F.S.; authorizing the
149	Justice Administrative Commission to inspect certain court
150	dockets; authorizing the commission to petition the court
151	for certain additional documentation; amending s. 39.821,
152	F.S.; requiring the Guardian Ad Litem Program rather than
153	the chief judge to request the federal criminal records
154	check for purposes of certifying guardians ad litem;
155	amending s. 39.822, F.S.; directing agencies, persons, and
156	other organizations to provide a guardian ad litem access
157	to certain records related to the best interests of a
158	child; providing a definition; amending s. 40.29, F.S.;
159	revising procedures for the payments made by the state to
160	the clerk of the court for the costs of witnesses;
161	creating s. 40.355, F.S.; requiring the clerk of the court
162	to report on, and refund to the state attorneys and public
163	defenders, certain moneys collected for payment of jurors
164	and due-process costs; amending s. 43.16, F.S.; providing
165	that the Justice Administrative Commission is not subject
166	to the Administrative Procedure Act; amending s. 43.26,
167	F.S.; providing responsibilities of the chief judge of
168	each circuit; amending s. 44.102, F.S.; revising
169	conditions under which nonvolunteer court mediators may be
170	compensated by the county or parties; amending s. 44.108,
171	F.S.; clarifying the fees charged for scheduled mediation
172	services provided by a circuit court's mediation program;
173	requiring the clerk of the court to report to the chief
174	judge the amount of such fees collected; creating s.
175	57.082, F.S., relating to the determination of civil
176	indigent status; providing for application to the clerk of
177	court for such a determination and appointment of a
178	private attorney in certain civil cases; providing
179	application requirements; prescribing duties of the clerk
180	of court relating to an application; prescribing
181	application requirements and review criteria; providing
182	for determinations by a clerk of the basis of an
183	applicant's indigency; providing criteria; providing for
184	appointment of counsel on an interim basis; providing for
185	review by the court of a clerk's determination; providing
186	criteria; authorizing a court to determine a person
187	indigent and eligible for appointed counsel; providing
188	criteria and requirements for such determination;
189	requiring persons determined to be indigent for civil
190	proceedings to be enrolled in a payment plan and charged
191	an administrative processing charge; providing plan
192	criteria; providing for a reevaluation of indigent status
193	and referral to the state attorney upon evidence of
194	financial discrepancies or fraud; providing for recovery
195	and disposition of certain amounts recovered; providing
196	criminal penalties for the provision of false information;
197	amending s. 92.142, F.S.; deleting a provision that
198	provides for payment of per diem and travel expenses for a
199	witness in a criminal case at the discretion of the court;
200	amending s. 92.231, F.S.; removing a reference to the
201	Article V Indigent Services Advisory Board; amending s.
202	116.01, F.S.; providing procedures for the clerk of the
203	court to remit funds to the Department of Revenue;
204	amending s. 119.07, F.S.; extending the time period during
205	which certain social security numbers and other data
206	included in court or official county records may be
207	available for public inspection unless redaction is
208	requested; extending the deadline by which court clerks
209	and county recorders must keep such data confidential;
210	amending s. 142.01, F.S.; clarifying those moneys to be
211	included within the fine and forfeiture fund of the clerk
212	of the circuit court; amending s. 213.13, F.S.; requiring
213	that the court-related collections remitted by the clerk
214	to the state be transmitted electronically within a
215	specified period; amending s. 219.07, F.S.; revising
216	disbursement requirements for the clerk as part of his or
217	her court-related functions; amending s. 219.075, F.S.;
218	exempting funds collected by the clerk from the
219	requirements for the investment of surplus funds of a
220	county; amending s. 318.121, F.S.; specifying that certain
221	surcharges may not be added to civil traffic penalties;
222	amending s. 318.18, F.S.; requiring the clerk of the court
223	to quarterly report the amount of certain surcharges
224	collected to the chief judge, the Governor, and the
225	Legislature; amending s. 318.21, F.S.; providing for the
226	disposition of traffic-infraction penalties for violations
227	occurring in unincorporated areas of certain counties
228	having a consolidated government or unincorporated areas
229	of certain municipalities having a consolidated
230	government; amending s. 318.31, F.S.; deleting provisions
231	concerning the appointment of a civil traffic infraction
232	hearing officer; amending s. 318.325, F.S.; deleting
233	provisions specifying the funding of such hearing officer;
234	amending s. 322.29, F.S.; increasing the fees charged for
235	reinstating a driver's license; amending s. 372.72, F.S.;
236	requiring that the proceeds from unclaimed bonds be
237	deposited into the clerk's fine and forfeiture fund;
238	amending s. 903.26, F.S.; revising the procedure for
239	determining the amount of the costs incurred in returning
240	a defendant to the county of jurisdiction; amending s.
241	903.28, F.S.; revising certain notice requirements
242	following the surrender or apprehension of a defendant for
243	purposes of remission of a forfeiture; providing that the
244	clerk is the real party in interest for all appeals
245	arising from such an action; amending s. 916.115, F.S.;
246	revising requirements for the payment of experts;
247	specifying which fees are to be paid by the state, the
248	office of the public defender, the office of the state
249	attorney, or the Justice Administrative Commission;
250	amending s. 916.12, F.S.; revising the procedures under
251	which the court may take action following a finding that
252	the defendant is incompetent to proceed; requiring
253	evaluation of a defendant; providing criteria; authorizing
254	a court to commit a defendant or take other action under
255	certain circumstances; amending s. 916.301, F.S.;
256	requiring the court to pay for certain expert witnesses
257	appointed by the court; amending s. 938.29, F.S.;
258	providing for a judgment lien for the payment of certain
259	attorney's fees to be filed without cost; amending s.
260	939.06, F.S.; clarifying that an acquitted defendant is
261	not liable for certain costs or fees; providing a
262	procedure for such a defendant to request a refund from
263	the Justice Administrative Commission of costs or fees
264	paid; amending s. 985.05, F.S.; authorizing the Justice
265	Administrative Commission to have access to certain court
266	records; requiring the party calling a witness in traffic
267	court to bear the costs; requiring the office of the state
268	attorney to pay such costs if the witness is required to
269	testify on behalf of the prosecution; authorizing the
270	trial court administrator to recover expenditures for
271	state-funded services if those services were furnished to
272	a user possessing the ability to pay; providing for
273	deposit of such funds; authorizing the trial court
274	administrator to recover certain costs under certain
275	circumstances; requiring the chief judge to determine the
276	rate, which may not exceed the cost of the service and
277	recovery; providing legislative intent; repealing s.
278	29.014, F.S., relating to the Article V Indigent Service
279	Advisory Board; repealing s. 318.37, F.S., relating to
280	funding for a Civil Traffic Infraction Hearing Officer
281	Program; providing an effective date.
282
283	Be It Enacted by the Legislature of the State of Florida:
284
285	Section 1.  Subsections (2), (3), (5), and (7) of section
286	27.40, Florida Statutes, are amended to read:
287	27.40  Court-appointed counsel; circuit registries; minimum
288	requirements; appointment by court.--
289	(2)  No later than October 1, 2004, Private counsel
290	appointed by the court to provide representation shall be
291	selected from a registry established by the circuit Article V
292	indigent services committee or procured through a competitive
293	bidding process.
294	(3)  In utilizing a registry:
295	(a)  Each circuit Article V indigent services committee
296	shall compile and maintain a list of attorneys in private
297	practice, by county and by category of cases. To be included on
298	a registry, attorneys shall certify that they meet any minimum
299	requirements established in general law for court appointment,
300	are available to represent indigent defendants in cases
301	requiring court appointment of private counsel, and are willing
302	to abide by the terms of the contract for services. To be
303	included on a registry, an attorney also must enter into a
304	contract for services with the Justice Administrative
305	Commission. Failure to comply with the terms of the contract for
306	services may result in termination of the contract and removal
307	from the registry. Each attorney on the registry shall be
308	responsible for notifying the circuit Article V indigent
309	services committee of any change in his or her status. Failure
310	to comply with this requirement shall be cause for termination
311	of the contract for services and removal from the registry until
312	the requirement is fulfilled.
313	(b)  The court shall appoint attorneys in rotating order in
314	the order in which names appear on the applicable registry,
315	unless the court makes a finding of good cause on the record for
316	appointing an attorney out of order. An attorney not appointed
317	in the order in which his or her name appears on the list shall
318	remain next in order.
319	(c)  If it finds the number of attorneys on the registry in
320	a county or circuit for a particular category of cases is
321	inadequate, the circuit Article V indigent services committee
322	shall notify the chief judge of the particular circuit in
323	writing. The chief judge shall submit the names of at least
324	three private attorneys with relevant experience. The clerk of
325	court shall send an application to each of these attorneys to
326	register for appointment.
327	(d)  Quarterly, beginning no later than October 1, 2004,
328	each circuit Article V indigent services committee shall provide
329	the Chief Justice of the Supreme Court, the chief judge, the
330	state attorney and public defender in each judicial circuit, and
331	the clerk of court in each county with a current copy of each
332	registry. The copy of a registry shall identify the race, sex,
333	and ethnicity of each attorney listed in the registry.
334	(5)  The Justice Administrative Commission shall approve
335	uniform contract forms for use in procuring the services of
336	private court-appointed counsel and uniform procedures and forms
337	for use by a court-appointed attorney in support of billing for
338	attorney's fees, costs, and related expenses to demonstrate the
339	attorney's completion of specified duties.
340	(7)(a)  An attorney appointed to represent a defendant or
341	other client is entitled to payment pursuant to s. 27.5304, only
342	upon full performance by the attorney of specified duties,
343	approval of payment by the court, except for payment based on a
344	flat fee per case as provided in s. 27.5304; and attorney
345	submission of a payment request to the Justice Administrative
346	Commission. Upon being permitted to withdraw from a case, a
347	court-appointed attorney shall submit a copy of the order to the
348	Justice Administrative Commission at the time it is issued by
349	the court. If an attorney is permitted to withdraw or is
350	otherwise removed from representation prior to full performance
351	of the duties specified in this section for reasons other than
352	breach of duty, the trial court shall approve payment of
353	attorney's fees and costs for work performed in an amount not to
354	exceed the amounts specified in s. 27.5304. Withdrawal from a
355	case prior to full performance of the duties specified shall
356	create a rebuttable presumption that the attorney is not
357	entitled to the entire flat fee for those cases paid on a flat-
358	fee-per-case basis.
359	(b)  The attorney shall maintain appropriate documentation,
360	including a current and detailed hourly accounting of time spent
361	representing the defendant or other client.
362	Section 2.  Section 27.42, Florida Statutes, is amended to
363	read:
364	27.42  Circuit Article V indigent services committees;
365	composition; staff; responsibilities; funding.--
366	(1)  In each judicial circuit a circuit Article V indigent
367	services committee shall be established. The committee shall
368	consist of the following:
369	(a)  The chief judge of the judicial circuit or the chief
370	judge's designee, who shall serve as the chair.
371	(b)  The public defender of the judicial circuit, or
372	designee from within the office of the public defender.
373	(c)  One experienced private criminal defense attorney
374	appointed by the chief judge to serve a 2-year term. During the
375	2-year term, the attorney is prohibited from serving as court-
376	appointed counsel.
377	(d)  One experienced civil trial attorney appointed by the
378	chief judge, to serve a 2-year term. During the 2-year term, the
379	attorney is prohibited from serving as court-appointed counsel.
380	(2)(a)  The responsibility of the circuit Article V
381	indigent services committee is to manage the appointment and
382	compensation of court-appointed counsel within a circuit
383	pursuant to ss. 27.40 and 27.5303. The committee shall also set
384	the compensation rates of due-process service providers in cases
385	where the court has appointed counsel or declared a person
386	indigent for costs, not to exceed any rates specified in the
387	General Appropriations Act such that the total amount expended
388	does not exceed the amount budgeted in the General
389	Appropriations Act for the particular due process service. The
390	circuit Article V indigent services committee shall meet at
391	least quarterly.
392	(b)  No later than October 1, 2004, Each circuit Article V
393	indigent services committee shall maintain a registry pursuant
394	to s. 27.40, even when procuring counsel through a competitive
395	bidding process. However, if counsel is procured through a
396	competitive bidding process, the registry shall be used only
397	when counsel obtained through that process is unable to provide
398	representation due to a conflict of interest or reasons beyond
399	their control. The committee shall apply any eligibility and
400	performance standards set by the Legislature.
401	(c)  Each circuit Article V indigent services committee
402	shall develop a schedule of standard fees and expense allowances
403	for the categories of cases specified in s. 27.5304 27.5303,
404	consistent with the overall compensation rates in that section
405	and within the amount of appropriated funds allocated by the
406	Justice Administrative Commission to the circuit for this
407	purpose.
408	(d)  Each circuit Article V indigent services committee
409	shall establish a schedule of standard allowances for due-
410	process expenses for cases in which the court has declared a
411	person indigent for costs, within the amount of appropriated
412	funds allocated by the Justice Administrative Commission to the
413	circuit for this purpose.
414	(3)  Notwithstanding any other provision of this section, a
415	circuit Article V indigent services committee may approve and
416	the Justice Administrative Commission shall investigate and
417	evaluate the use of funds for, alternate models for the
418	provision of criminal and civil due-process services and
419	representation other than a model based on a per-case fee if a
420	more cost-effective and efficient system can be provided. An
421	alternate model may include court-reporting services and the
422	provision of court-appointed counsel.
423	(4)(3)  The Justice Administrative Commission shall prepare
424	and issue on a quarterly basis a statewide report comparing
425	actual year-to-date expenditures to budgeted amounts for the
426	circuit Article V indigent services committees in each of the
427	judicial circuits. Copies of these quarterly reports shall be
428	distributed to each circuit Article V indigent services
429	committee and to the Governor, the Chief Justice of the Supreme
430	Court, the President of the Senate, and the Speaker of the House
431	of Representatives.
432	(5)(4)(a)  The funding and positions for the processing of
433	committees' fees and expenses shall be as appropriated to the
434	Justice Administrative Commission in the General Appropriations
435	Act.
436	(b)  Funds for criminal conflict attorney's fees and
437	expenses shall be appropriated by the Legislature in a separate
438	appropriations category within the Justice Administrative
439	Commission. These funds shall be allocated to each circuit as
440	prescribed in the General Appropriations Act.
441	(c)  Funds for attorney's fees and expenses for child
442	dependency and civil conflict cases shall be appropriated by the
443	Legislature in a separate appropriations category within the
444	Justice Administrative Commission.
445	(d)  Any funds the Legislature appropriates for other
446	court-appointed counsel cases shall be as appropriated within
447	the Justice Administrative Commission.
448
449	The Justice Administrative Commission shall separately track
450	expenditures on private court-appointed counsel for the
451	following categories of cases: criminal conflict, civil
452	conflict, dependency and termination of parental rights, and
453	guardianship.
454	Section 3.  Section 27.52, Florida Statutes, is amended to
455	read:
456	(Substantial rewording of section. See
457	s. 27.52, F.S., for present text.)
458	27.52  Determination of indigent status.--
459	(1)  APPLICATION TO THE CLERK.--A person seeking
460	appointment of a public defender under s. 27.51 based upon an
461	inability to pay must apply to the clerk of the court for a
462	determination of indigent status using an application form
463	developed by the Florida Clerks of Court Operations Corporation
464	with final approval by the Supreme Court.
465	(a)  The application must include, at a minimum, the
466	following financial information:
467	1.  Net income, consisting of total salary and wages, minus
468	deductions required by law, including court-ordered support
469	payments.
470	2.  Other income, including, but not limited to, social
471	security benefits, union funds, veterans' benefits, workers'
472	compensation, other regular support from absent family members,
473	public or private employee pensions, unemployment compensation,
474	dividends, interest, rent, trusts, and gifts.
475	3.  Assets, including, but not limited to, cash, savings
476	accounts, bank accounts, stocks, bonds, certificates of deposit,
477	equity in real estate, and equity in a boat or a motor vehicle
478	or in other tangible property.
479	4.  All liabilities and debts.
480	5.  If applicable, the amount of any bail paid for the
481	applicant's release from incarceration and the source of the
482	funds.
483
484	The application must include a signature by the applicant which
485	attests to the truthfulness of the information provided. The
486	application form developed by the corporation must include
487	notice that the applicant may seek court review of a clerk's
488	determination that the applicant is not indigent, as provided in
489	this section.
490	(b)  An applicant shall pay a $40 application fee to the
491	clerk for each application for court-appointed counsel filed.
492	The applicant shall pay the fee within 7 days after submitting
493	the application. If the applicant does not pay the fee prior to
494	the disposition of the case, the clerk shall notify the court,
495	and the court shall:
496	1.  Assess the application fee as part of the sentence or
497	as a condition of probation; or
498	2.  Assess the application fee pursuant to s. 938.29.
499	(c)  Notwithstanding any provision of law, court rule, or
500	administrative order, the clerk shall assign the first $40 of
501	any fees or costs paid by an indigent person as payment of the
502	application fee. A person found to be indigent may not be
503	refused counsel or other required due-process services for
504	failure to pay the fee.
505	(d)  All application fees collected by the clerk under this
506	section shall be transferred monthly by the clerk to the
507	Department of Revenue for deposit in the Indigent Criminal
508	Defense Trust Fund administered by the Justice Administrative
509	Commission, to be used to supplement the general revenue funds
510	appropriated by the Legislature to the public defenders. The
511	clerk may retain 2 percent of application fees collected monthly
512	for administrative costs prior to remitting the remainder to the
513	Department of Revenue.
514	(e)1.  The clerk shall assist a person who appears before
515	the clerk and requests assistance in completing the application,
516	and the clerk shall notify the court if a person is unable to
517	complete the application after the clerk has provided
518	assistance.
519	2.  If the person seeking appointment of a public defender
520	is incarcerated, the public defender is responsible for
521	providing the application to the person and assisting him or her
522	in its completion and is responsible for submitting the
523	application to the clerk on the person's behalf. The public
524	defender may enter into an agreement for jail employees,
525	pretrial services employees, or employees of other criminal
526	justice agencies to assist the public defender in performing
527	functions assigned to the public defender under this
528	subparagraph.
529	(2)  DETERMINATION BY THE CLERK.--The clerk of the court
530	shall determine whether an applicant seeking appointment of a
531	public defender is indigent based upon the information provided
532	in the application and the criteria prescribed in this
533	subsection.
534	(a)1.  An applicant, including an applicant who is a minor
535	or an adult tax-dependent person, is indigent if the applicant's
536	income is equal to or below 200 percent of the then-current
537	federal poverty guidelines prescribed for the size of the
538	household of the applicant by the United States Department of
539	Health and Human Services or if the person is receiving
540	Temporary Assistance for Needy Families-Cash Assistance,
541	poverty-related veterans' benefits, or Supplemental Security
542	Income (SSI).
543	2.  There is a presumption that the applicant is not
544	indigent if the applicant owns, or has equity in, any intangible
545	or tangible personal property or real property or the expectancy
546	of an interest in any such property.
547	(b)  Based upon its review, the clerk shall make one of the
548	following determinations:
549	1.  The applicant is not indigent.
550	2.  The applicant is indigent.
551	(c)1.  If the clerk determines that the applicant is
552	indigent, the clerk shall submit the determination to the office
553	of the public defender and immediately file the determination in
554	the case record.
555	2.  If the public defender is unable to provide
556	representation due to a conflict pursuant to s. 27.5303, the
557	public defender shall move the court for withdrawal from
558	representation and appointment of private counsel.
559	(d)  The duty of the clerk in determining whether an
560	applicant is indigent shall be limited to receiving the
561	application and comparing the information provided in the
562	application to the criteria prescribed in this subsection. The
563	determination of indigent status is a ministerial act of the
564	clerk and not a decision based on further investigation or the
565	exercise of independent judgment by the clerk. The clerk may
566	contract with third parties to perform functions assigned to the
567	clerk under this section.
568	(e)  The applicant may seek review of the clerk's
569	determination that the applicant is not indigent in the court
570	having jurisdiction over the matter at the next scheduled
571	hearing. If the applicant seeks review of the clerk's
572	determination of indigent status, the court shall make a final
573	determination as provided in subsection (4).
574	(3)  APPOINTMENT OF COUNSEL ON INTERIM BASIS.--If the clerk
575	of the court has not made a determination of indigent status at
576	the time a person requests appointment of a public defender, the
577	court shall make a preliminary determination of indigent status,
578	pending further review by the clerk, and may, by court order,
579	appoint a public defender or private counsel on an interim
580	basis.
581	(4)  REVIEW OF CLERK'S DETERMINATION.--
582	(a)  If the clerk of the court determines that the
583	applicant is not indigent, and the applicant seeks review of the
584	clerk's determination, the court shall make a final
585	determination of indigent status by reviewing the information
586	provided in the application against the criteria prescribed in
587	subsection (2) and by considering the following additional
588	factors:
589	1.  Whether the applicant has been released on bail in an
590	amount of $5,000 or more.
591	2.  Whether a bond has been posted, the type of bond, and
592	who paid the bond.
593	3.  Whether paying for private counsel in an amount that
594	exceeds the limitations in s. 27.5304, or other due process
595	services creates a substantial hardship for the applicant or the
596	applicant's family.
597	4.  Any other relevant financial circumstances of the
598	applicant or the applicant's family.
599	(b)  Based upon its review, the court shall make one of the
600	following determinations and, if the applicant is indigent,
601	shall appoint a public defender or private counsel:
602	1.  The applicant is not indigent.
603	2.  The applicant is indigent.
604	(5)  INDIGENT FOR COSTS.--A person who is eligible to be
605	represented by a public defender under s. 27.51 but who is
606	represented by private counsel not appointed by the court for a
607	reasonable fee as approved by the court, on a pro bono basis, or
608	who is proceeding pro se, may move the court for a determination
609	that he or she is indigent for costs and eligible for the
610	provision of due-process services, as prescribed by ss. 29.006
611	and 29.007, funded by the state.
612	(a)  The person must submit to the court:
613	1.  The completed application prescribed in subsection (1).
614	2.  In the case of a person represented by counsel, an
615	affidavit attesting to the estimated amount of attorney's fees
616	and the source of payment for these fees.
617	(b)  In reviewing the motion, the court shall consider:
618	1.  Whether the applicant applied for a determination of
619	indigent status under subsection (1) and the outcome of such
620	application.
621	2.  The extent to which the person's income equals or
622	exceeds the income criteria prescribed in subsection (2).
623	3.  The additional factors prescribed in subsection (4).
624	4.  Whether the applicant is proceeding pro se.
625	5.  When the applicant retained private counsel.
626	6.  The amount of any attorney's fees and who is paying the
627	fees.
628	(c)  Based upon its review, the court shall make one of the
629	following determinations:
630	1.  The applicant is not indigent for costs.
631	2.  The applicant is indigent for costs.
632	(d)  The provision of due-process services based upon a
633	determination that a person is indigent for costs under this
634	subsection must be effectuated pursuant to a court order, a copy
635	of which the clerk shall provide to counsel representing the
636	person, or to the person directly if he or she is proceeding pro
637	se, for use in requesting payment of due-process expenses
638	through the Justice Administrative Commission.
639	(6)  DUTIES OF PARENT OR LEGAL GUARDIAN.--A nonindigent
640	parent or legal guardian of an applicant who is a minor or an
641	adult tax-dependent person shall furnish the minor or adult tax-
642	dependent person with the necessary legal services and costs
643	incident to a delinquency proceeding or, upon transfer of such
644	person for criminal prosecution as an adult pursuant to chapter
645	985, a criminal prosecution in which the person has a right to
646	legal counsel under the Constitution of the United States or the
647	Constitution of the State of Florida. The failure of a parent or
648	legal guardian to furnish legal services and costs under this
649	section does not bar the appointment of legal counsel pursuant
650	to s. 27.40 or s. 27.5303. When the public defender, a private
651	court-appointed conflict counsel, or a private attorney is
652	appointed to represent a minor or an adult tax-dependent person
653	in any proceeding in circuit court or in a criminal proceeding
654	in any other court, the parents or the legal guardian shall be
655	liable for payment of the fees, charges, and costs of the
656	representation even if the person is a minor being tried as an
657	adult. Liability for the fees, charges, and costs of the
658	representation shall be imposed in the form of a lien against
659	the property of the nonindigent parents or legal guardian of the
660	minor or adult tax-dependent person. The lien is enforceable as
661	provided in s. 27.561 or s. 938.29.
662	(7)  FINANCIAL DISCREPANCIES; FRAUD; FALSE INFORMATION.--
663	(a)  If the court learns of discrepancies between the
664	application or motion and the actual financial status of the
665	person found to be indigent or indigent for costs, the court
666	shall determine whether the public defender or private attorney
667	shall continue representation or whether the authorization for
668	any other due-process services previously authorized shall be
669	revoked. The person may be heard regarding the information
670	learned by the court. If the court, based on the information,
671	determines that the person is not indigent or indigent for
672	costs, the court shall order the public defender or private
673	attorney to discontinue representation and revoke the provision
674	of any other authorized due-process services.
675	(b)  If the court has reason to believe that any applicant,
676	through fraud or misrepresentation, was improperly determined to
677	be indigent or indigent for costs, the matter shall be referred
678	to the state attorney. Twenty-five percent of any amount
679	recovered by the state attorney as reasonable value of the
680	services rendered, including fees, charges, and costs paid by
681	the state on the person's behalf, shall be remitted to the
682	Department of Revenue for deposit into the Grants and Donations
683	Trust Fund within the Justice Administrative Commission for
684	appropriation by the Legislature to the state attorney. Seventy-
685	five percent of any amount recovered shall be remitted to the
686	Department of Revenue for deposit into the General Revenue Fund.
687	(c)  A person who knowingly provides false information to
688	the clerk or the court in seeking a determination of indigent
689	status under this section commits a felony of the third degree,
690	punishable as provided in s. 775.082 or s. 775.083.
691	Section 4.  Subsections (2), (4), (5), and (6) of section
692	27.5304, Florida Statutes, are amended and new subsections (6),
693	(7), and (8) are added to said section, to read:
694	27.5304  Private court-appointed counsel; compensation.--
695	(2)  The Justice Administrative Commission shall review an
696	intended billing by private court-appointed counsel for
697	attorney's fees based on a flat fee per case for completeness
698	and compliance with contractual, statutory, and circuit Article
699	V indigent services committee requirements. The commission may
700	approve the intended bill based on a flat fee per case for
701	payment without approval by the court if the intended billing is
702	correct. For attorney's fees based on hourly billings, prior to
703	filing a motion for an order approving payment of attorney's
704	fees, costs, or related expenses, the private court-appointed
705	counsel shall deliver a copy of the intended billing, together
706	with supporting affidavits and all other necessary
707	documentation, to the Justice Administrative Commission. The
708	Justice Administrative Commission shall review the billings,
709	affidavit, and documentation for completeness and compliance
710	with contractual and statutory requirements. If the Justice
711	Administrative Commission objects to any portion of the proposed
712	billing, the objection and reasons therefor shall be
713	communicated to the private court-appointed counsel. The private
714	court-appointed counsel may thereafter file his or her motion
715	for order approving payment of attorney's fees, costs, or
716	related expenses together with supporting affidavits and all
717	other necessary documentation. The motion must specify whether
718	the Justice Administrative Commission objects to any portion of
719	the billing or the sufficiency of documentation and, if so, the
720	reasons therefor. A copy of the motion and attachments shall be
721	served on the Justice Administrative Commission at least 5
722	business days prior to the date of a hearing. The Justice
723	Administrative Commission shall have standing to appear before
724	the court to contest any motion for order approving payment of
725	attorney's fees, costs, or related expenses and may participate
726	in a hearing on the motion by use of telephonic or other
727	communication equipment unless ordered otherwise. The Justice
728	Administrative Commission may contract with other public or
729	private entities or individuals to appear before the court for
730	the purpose of contesting any motion for order approving payment
731	of attorney's fees, costs, or related expenses. The fact that
732	the Justice Administrative Commission has not objected to any
733	portion of the billing or to the sufficiency of the
734	documentation is not binding on the court. The court retains
735	primary authority and responsibility for determining the
736	reasonableness of all billings for attorney's fees, costs, and
737	related expenses, subject to statutory limitations. Private
738	court-appointed counsel is entitled to compensation upon final
739	disposition of a case, except as provided in subsections (6) and
740	(7). Before final disposition of a case, a private court-
741	appointed counsel may file a motion for fees, costs, and related
742	expenses for services completed up to the date of the motion in
743	any case or matter in which legal services have been provided by
744	the attorney for more than 1 year. The amount approved by the
745	court may not exceed 80 percent of the fees earned, or costs and
746	related expenses incurred, to date, or an amount proportionate
747	to the maximum fees permitted under this section based on legal
748	services provided to date, whichever is less. The court may
749	grant the motion if counsel shows that failure to grant the
750	motion would work a particular hardship upon counsel.
751	(4)  By January 1 of each year, the Article V Indigent
752	Services Advisory Board shall recommend to the Legislature any
753	adjustments to the compensation provisions of this section.
754	(4)(5)(a)  If counsel is entitled to receive compensation
755	for representation pursuant to court appointment in a
756	termination of parental rights proceeding under chapter 39, such
757	compensation shall not exceed $1,000 at the trial level and
758	$2,500 at the appellate level.
759	(b)  Counsel entitled to receive compensation for
760	representation pursuant to court appointment in a proceeding
761	under chapter 384 or chapter 392 shall receive reasonable
762	compensation as fixed by the court making the appointment.
763	(5)(6)  A private attorney appointed in lieu of the public
764	defender to represent an indigent defendant may not reassign or
765	subcontract the case to another attorney. The court-appointed
766	private attorney may not or allow another attorney to appear at
767	a critical stage of a case who is not on the registry developed
768	under pursuant to s. 27.40.
769	(6)  Private court-appointed counsel representing a parent
770	in a dependency case that is open may submit a request for
771	payment to the Justice Administrative Commission at the
772	following intervals:
773	(a)  Upon entry of an order of disposition as to the parent
774	being represented.
775	(b)  Upon conclusion of a 12-month permanency review.
776	(c)  Following a judicial review hearing.
777
778	In no case, however, may counsel submit requests under this
779	paragraph more than once per quarter, unless the court finds
780	extraordinary circumstances justifying more frequent submission
781	of payment requests.
782	(7)  Private court-appointed counsel representing an
783	individual in an appeal to a district court of appeal or the
784	Supreme Court may submit a request for payment to the Justice
785	Administrative Commission at the following intervals:
786	(a)  Upon the filing of an appellate brief, including, but
787	not limited to, a reply brief.
788	(b)  When the opinion of the appellate court is finalized.
789	(8)  Private court-appointed counsel may not bill for
790	preparation of invoices whether or not the case is paid on the
791	basis of an hourly rate or by flat fee.
792	Section 5.  Subsection (2) of section 27.54, Florida
793	Statutes, is amended to read:
794	27.54  Limitation on payment of expenditures for public
795	defender's office other than by the state.--
796	(2)  A county or municipality may contract with, or
797	appropriate or contribute funds to, the operation of the offices
798	of the various public defenders as provided in this subsection.
799	A public defender defending violations of special laws or county
800	or municipal ordinances punishable by incarceration and not
801	ancillary to a state charge shall contract with counties and
802	municipalities to recover the full cost of services rendered on
803	an hourly basis or reimburse the state for the full cost of
804	assigning one or more full-time equivalent attorney positions to
805	work on behalf of the county or municipality. Notwithstanding
806	any other provision of law, in the case of a county with a
807	population of less than 75,000, the public defender shall
808	contract for full reimbursement, or for reimbursement as the
809	parties otherwise agree. In local ordinance violation cases, the
810	county or municipality shall pay for due process services that
811	are approved by the court, including deposition costs,
812	deposition transcript costs, investigative costs, witness fees,
813	expert witness costs, and interpreter costs. The person charged
814	with the violation shall be assessed a fee for the services of a
815	public defender and other costs and fees paid by the county or
816	municipality, which assessed fee may be reduced to a lien, in
817	all instances in which the person enters a plea of guilty or no
818	contest or is found to be in violation or guilty of any count or
819	lesser included offense of the charge or companion case charges,
820	regardless of adjudication. The court shall determine the amount
821	of the obligation. The county or municipality may recover
822	assessed fees through collections court or as otherwise
823	permitted by law and any fees recovered pursuant to this section
824	shall be forwarded to the applicable county or municipality as
825	reimbursement.
826	(a)  A contract for reimbursement on an hourly basis shall
827	require a county or municipality to reimburse the public
828	defender for services rendered at a rate of $50 per hour. If an
829	hourly rate is specified in the General Appropriations Act, that
830	rate shall control.
831	(b)  A contract for assigning one or more full-time
832	equivalent attorney positions to perform work on behalf of the
833	county or municipality shall assign one or more full-time
834	equivalent positions based on estimates by the public defender
835	of the number of hours required to handle the projected
836	workload. The full cost of each full-time equivalent attorney
837	position on an annual basis shall be $50, or the amount
838	specified in the General Appropriations Act, multiplied by the
839	legislative budget request standard for available work hours for
840	one full-time equivalent attorney position, or, in the absence
841	of that standard, 1,854 hours. The contract may provide for
842	funding full-time equivalent positions in one-quarter
843	increments.
844	(c)  Any payments received pursuant to this subsection
845	shall be deposited into the Grants and Donations Trust Fund
846	within the Justice Administrative Commission for appropriation
847	by the Legislature.
848	Section 6.  Section 28.24, Florida Statutes, is amended to
849	read:
850	28.24  Service charges by clerk of the circuit court.--The
851	clerk of the circuit court shall may charge for services
852	rendered by the clerk's office in recording documents and
853	instruments and in performing the duties enumerated in amounts
854	not to exceed those specified in this section. Notwithstanding
855	any other provision of this section, the clerk of the circuit
856	court shall provide without charge to the state attorney, public
857	defender, and guardian ad litem, and court-appointed counsel
858	paid by the state, and to the authorized staff acting on behalf
859	of each, access to and a copy of any public record, if the
860	requesting party is entitled by law to view the exempt or
861	confidential record, as maintained by and in the custody of the
862	clerk of the circuit court as provided in general law and the
863	Florida Rules of Judicial Administration. The clerk of the
864	circuit court may provide the requested public record in an
865	electronic format in lieu of a paper format when capable of
866	being accessed by the requesting entity.
867
868	Charges
869	(1)  For examining, comparing, correcting, verifying, and
870	certifying transcripts of record in appellate proceedings,
871	prepared by attorney for appellant or someone else other than
872	clerk per page....4.50
873	(2)  For preparing, numbering, and indexing an original
874	record of appellate proceedings, per instrument....3.00
875	(3)  For certifying copies of any instrument in the public
876	records....1.50
877	(4)  For verifying any instrument presented for
878	certification prepared by someone other than clerk, per
879	page....3.00
880	(5)(a)  For making copies by photographic process of any
881	instrument in the public records consisting of pages of not more
882	than 14 inches by 81/2 inches, per page....1.00
883	(b)  For making copies by photographic process of any
884	instrument in the public records of more than 14 inches by 81/2
885	inches, per page....5.00
886	(6)  For making microfilm copies of any public records:
887	(a)  16 mm 100' microfilm roll....37.50
888	(b)  35 mm 100' microfilm roll....52.50
889	(c)  Microfiche, per fiche....3.00
890	(7)  For copying any instrument in the public records by
891	other than photographic process, per page....6.00
892	(8)  For writing any paper other than herein specifically
893	mentioned, same as for copying, including signing and
894	sealing....6.00
895	(9)  For indexing each entry not recorded....1.00
896	(10)  For receiving money into the registry of court:
897	(a)1.  First $500, percent....3
898	2.  Each subsequent $100, percent....1.5
899	(b)  Eminent domain actions, per deposit....$150.00
900	(11)  For examining, certifying, and recording plats and
901	for recording condominium exhibits larger than 14 inches by 81/2
902	inches:
903	(a)  First page....30.00
904	(b)  Each additional page....15.00
905	(12)  For recording, indexing, and filing any instrument
906	not more than 14 inches by 81/2 inches, including required
907	notice to property appraiser where applicable:
908	(a)  First page or fraction thereof....5.00
909	(b)  Each additional page or fraction thereof....4.00
910	(c)  For indexing instruments recorded in the official
911	records which contain more than four names, per additional
912	name....1.00
913	(d)  An additional service charge shall be paid to the
914	clerk of the circuit court to be deposited in the Public Records
915	Modernization Trust Fund for each instrument listed in s.
916	28.222, except judgments received from the courts and notices of
917	lis pendens, recorded in the official records:
918	1.  First page....1.00
919	2.  Each additional page....0.50
920
921	Said fund shall be held in trust by the clerk and used
922	exclusively for equipment and maintenance of equipment,
923	personnel training, and technical assistance in modernizing the
924	public records system of the office. In a county where the duty
925	of maintaining official records exists in an office other than
926	the office of the clerk of the circuit court, the clerk of the
927	circuit court is entitled to 25 percent of the moneys deposited
928	into the trust fund for equipment, maintenance of equipment,
929	training, and technical assistance in modernizing the system for
930	storing records in the office of the clerk of the circuit court.
931	The fund may not be used for the payment of travel expenses,
932	membership dues, bank charges, staff-recruitment costs, salaries
933	or benefits of employees, construction costs, general operating
934	expenses, or other costs not directly related to obtaining and
935	maintaining equipment for public records systems or for the
936	purchase of furniture or office supplies and equipment not
937	related to the storage of records. On or before December 1,
938	1995, and on or before December 1 of each year immediately
939	preceding each year during which the trust fund is scheduled for
940	legislative review under s. 19(f)(2), Art. III of the State
941	Constitution, each clerk of the circuit court shall file a
942	report on the Public Records Modernization Trust Fund with the
943	President of the Senate and the Speaker of the House of
944	Representatives. The report must itemize each expenditure made
945	from the trust fund since the last report was filed; each
946	obligation payable from the trust fund on that date; and the
947	percentage of funds expended for each of the following:
948	equipment, maintenance of equipment, personnel training, and
949	technical assistance. The report must indicate the nature of the
950	system each clerk uses to store, maintain, and retrieve public
951	records and the degree to which the system has been upgraded
952	since the creation of the trust fund.
953	(e)  An additional service charge of $4 per page shall be
954	paid to the clerk of the circuit court for each instrument
955	listed in s. 28.222, except judgments received from the courts
956	and notices of lis pendens, recorded in the official records.
957	From the additional $4 service charge collected:
958	1.  If the counties maintain legal responsibility for the
959	costs of the court-related technology needs as defined in s.
960	29.008(1)(f)2. and (h), 10 cents shall be distributed to the
961	Florida Association of Court Clerks and Comptroller, Inc., for
962	the cost of development, implementation, operation, and
963	maintenance of the clerks' Comprehensive Case Information
964	System, in which system all clerks shall participate on or
965	before January 1, 2006; $1.90 shall be retained by the clerk to
966	be deposited in the Public Records Modernization Trust Fund and
967	used exclusively for funding court-related technology needs of
968	the clerk as defined in s. 29.008(1)(f)2. and (h); and $2 shall
969	be distributed to the board of county commissioners to be used
970	exclusively to fund court-related technology, and court
971	technology needs as defined in s. 29.008(1)(f)2. and (h) for the
972	state trial courts, state attorney, and public defender in that
973	county. If the counties maintain legal responsibility for the
974	costs of the court-related technology needs as defined in s.
975	29.008(1)(f)2. and (h), notwithstanding any other provision of
976	law, the county is not required to provide additional funding
977	beyond that provided herein for the court-related technology
978	needs of the clerk as defined in s. 29.008(1)(f)2. and (h). All
979	court records and official records are the property of the State
980	of Florida, including any records generated as part of the
981	Comprehensive Case Information System funded pursuant to this
982	paragraph and the clerk of court is designated as the custodian
983	of such records, except in a county where the duty of
984	maintaining official records exists in a county office other
985	than the clerk of court, such county office is designated the
986	custodian of all official records, and the Clerk of Court is
987	designated the Custodian of all court records. The clerk of
988	court or any entity acting on behalf of the clerk of court,
989	including an association, shall not charge a fee to any agency
990	as defined in s. 119.011, the Legislature, or the State Court
991	System for copies of records generated by the Comprehensive Case
992	Information System or held by the clerk of court or any entity
993	acting on behalf of the clerk of court, including an
994	association.
995	2.  If the state becomes legally responsible for the costs
996	of court-related technology needs as defined in s.
997	29.008(1)(f)2. and (h), whether by operation of general law or
998	by court order, $4 shall be remitted to the Department of
999	Revenue for deposit into the General Revenue Fund.
1000	(13)  Oath, administering, attesting, and sealing, not
1001	otherwise provided for herein....3.00
1002	(14)  For validating certificates, any authorized bonds,
1003	each....3.00
1004	(15)  For preparing affidavit of domicile....5.00
1005	(16)  For exemplified certificates, including signing and
1006	sealing....6.00
1007	(17)  For authenticated certificates, including signing and
1008	sealing....6.00
1009	(18)(a)  For issuing and filing a subpoena for a witness,
1010	not otherwise provided for herein (includes writing, preparing,
1011	signing, and sealing)....6.00
1012	(b)  For signing and sealing only....1.50
1013	(19)  For approving bond....7.50
1014	(20)  For searching of records, for each year's
1015	search....1.50
1016	(21)  For processing an application for a tax deed sale
1017	(includes application, sale, issuance, and preparation of tax
1018	deed, and disbursement of proceeds of sale), other than excess
1019	proceeds....60.00
1020	(22)  For disbursement of excess proceeds of tax deed sale,
1021	first $100 or fraction thereof....10.00
1022	(23)  Upon receipt of an application for a marriage
1023	license, for preparing and administering of oath; issuing,
1024	sealing, and recording of the marriage license; and providing a
1025	certified copy....30.00
1026	(24)  For solemnizing matrimony....30.00
1027	(25)  For sealing any court file or expungement of any
1028	record....37.50
1029	(26)(a)  For receiving and disbursing all restitution
1030	payments, per payment....3.00
1031	(b)  For receiving and disbursing all partial payments,
1032	other than restitution payments, for which an administrative
1033	processing service charge is not imposed pursuant to s. 28.246,
1034	per month....5.00
1035	(c)  For setting up a payment plan, a one-time
1036	administrative processing charge in lieu of a per month charge
1037	under paragraph (b)....25.00
1038	(27)  Postal charges incurred by the clerk of the circuit
1039	court in any mailing by certified or registered mail shall be
1040	paid by the party at whose instance the mailing is made.
1041	(28)  For furnishing an electronic copy of information
1042	contained in a computer database: a fee as provided for in
1043	chapter 119.
1044	Section 7.  Paragraph (a) of subsection (1) of section
1045	28.2402, Florida Statutes, is amended to read:
1046	28.2402  Cost recovery; use of the circuit court for
1047	ordinance or special law violations.--
1048	(1)(a)  In lieu of payment of a filing fee under s. 28.241,
1049	a filing fee of $10 shall be paid by a county or municipality
1050	when filing a county or municipal ordinance violation or
1051	violation of a special law in circuit court. This fee shall be
1052	paid to the clerk of the court for performing court-related
1053	functions. A county or municipality is not required to pay more
1054	than one filing fee for a single filing against a single
1055	defendant that contains multiple alleged violations. A filing
1056	fee, other than that imposed under this section, may not be
1057	assessed for initiating an enforcement proceeding in circuit
1058	court for a violation of a county or municipal code or ordinance
1059	or a violation of a special law.
1060	Section 8.  Section 28.245, Florida Statutes, is amended to
1061	read:
1062	28.245  Transmittal of funds to Department of Revenue;
1063	uniform remittance form required.--Notwithstanding any other
1064	provision of law, all moneys collected by the clerks of the
1065	court as part of the clerk's court-related functions for
1066	subsequent distribution to any state entity must be transmitted
1067	electronically, by the 20th day of the month immediately
1068	following the month in which the moneys are collected, to the
1069	Department of Revenue for appropriate distribution. A uniform
1070	remittance form provided by the Department of Revenue detailing
1071	the specific amounts due each fund must accompany such
1072	submittal. All moneys collected by the clerks of court for
1073	remittance to any entity must be distributed pursuant to the law
1074	in effect at the time of collection.
1075	Section 9.  Subsections (1) and (4) of section 28.246,
1076	Florida Statutes, are amended to read:
1077	28.246  Payment of court-related fees, charges, and costs;
1078	partial payments; distribution of funds.--
1079	(1)  Beginning July 1, 2003, the clerk of the circuit court
1080	shall report the following information to the Legislature and
1081	the Florida Clerks Clerk of Court Operations Corporation
1082	Conference on a form developed by the Department of Financial
1083	Services:
1084	(a)  The total amount of mandatory fees, service charges,
1085	and costs; the total amount actually assessed; the total amount
1086	discharged, waived, or otherwise not assessed; and the total
1087	amount collected.
1088	(b)  The amount of discretionary fees, service charges, and
1089	costs assessed; the total amount discharged; and the total
1090	amount collected.
1091	(c)  The total amount of mandatory fines and other monetary
1092	penalties; the total amount assessed; the total amount
1093	discharged, waived, or otherwise not assessed; and the total
1094	amount collected.
1095	(d)  The amount of discretionary fines and other monetary
1096	penalties assessed; the amount discharged; and the total amount
1097	collected.
1098
1099	If provided to the clerk of court by the judge, the clerk, in
1100	reporting the amount assessed, shall separately identify the
1101	amount assessed pursuant to s. 938.30 as community service;
1102	assessed by reducing the amount to a judgment or lien; satisfied
1103	by time served; or other. The form developed by the Chief
1104	Financial Officer shall include separate entries for recording
1105	these amounts. The clerk shall submit the report on a quarterly
1106	basis 30 days after the end of the quarter for the period from
1107	July 1, 2003, through June 30, 2004, and on an annual basis
1108	thereafter, 60 days after the end of the county fiscal year.
1109	(4)  The clerk of the circuit court shall accept partial
1110	payments for court-related fees, service charges, costs, and
1111	fines in accordance with the terms of an established payment
1112	plan. An individual seeking to defer payment of fees, service
1113	charges, costs, or fines imposed by operation of law or order of
1114	the court under any provision of general law shall apply to the
1115	clerk for enrollment in a payment plan. The clerk shall enter
1116	into a payment plan with an individual who the court determines
1117	is indigent for costs and who demonstrates to the clerk an
1118	inability to pay court-related fees, service charges, costs, or
1119	fines in full. A monthly payment amount, calculated based upon
1120	all fees and all anticipated costs, is presumed to correspond to
1121	the person's ability to pay if the amount does not exceed 2
1122	percent of the person's annual net income, as defined in
1123	27.52(1), divided by 12. The court may review the reasonableness
1124	of the payment plan, and determined by the court to be unable to
1125	make payment in full, shall be enrolled by the clerk in a
1126	payment program, with periodic payment amounts corresponding to
1127	the individual's ability to pay.
1128	Section 10.  Section 28.345, Florida Statutes, is amended
1129	to read:
1130	28.345  Exemption from court-related fees and
1131	charges.--Notwithstanding any other provision of this chapter or
1132	law to the contrary, judges and those court staff acting on
1133	behalf of judges, state attorneys, guardians ad litem, court-
1134	appointed private counsel, and public defenders, acting in their
1135	official capacity, and state agencies, are exempt from all
1136	court-related fees and charges assessed by the clerks of the
1137	circuit courts.
1138	Section 11.  Subsection (2), paragraph (a) of subsection
1139	(3), and paragraph (b) of subsection (4) of section 28.36,
1140	Florida Statutes, are amended, present subsection (6) of said
1141	section is renumbered as subsection (7), and a new subsection
1142	(6) is added to said section, to read:
1143	28.36  Budget procedure.--There is hereby established a
1144	budget procedure for the court-related functions of the clerks
1145	of the court.
1146	(2)(a)  For the period July 1, 2004, through September 30,
1147	2004, and for each county fiscal year ending September 30
1148	thereafter, each clerk of the court shall prepare a budget
1149	relating solely to the performance of the standard list of
1150	court-related functions pursuant to s. 28.35(4)(a).
1151	(b)  The chief judge of each circuit, after consultation
1152	with the clerk of court, shall coordinate the provision of all
1153	court-related functions and determine the priorities for the
1154	court-related functions of the clerk of court provided pursuant
1155	to s. 28.35(4)(a).
1156	(3)  Each proposed budget shall further conform to the
1157	following requirements:
1158	(a)  On or before August 15 1 for each fiscal year
1159	thereafter, the proposed budget shall be prepared, summarized,
1160	and submitted by the clerk in each county to the Clerks of Court
1161	Operations Corporation in the manner and form prescribed by the
1162	corporation conference. The proposed budget must provide
1163	detailed information on the anticipated revenues available and
1164	expenditures necessary for the performance of the standard list
1165	of court-related functions of the clerk's office developed
1166	pursuant to s. 28.35(4)(a) for the county fiscal year beginning
1167	the following October 1.
1168	(4)  If a clerk of the court estimates that available funds
1169	plus projected revenues from fines, fees, service charges, and
1170	costs for court-related services are insufficient to meet the
1171	anticipated expenditures for the standard list of court-related
1172	functions in s. 28.35(4)(a) performed by his or her office, the
1173	clerk must report the revenue deficit to the Clerks of Court
1174	Operations Corporation in the manner and form prescribed by the
1175	corporation pursuant to contract with the Chief Financial
1176	Officer. The corporation shall verify that the proposed budget
1177	is limited to the standard list of court-related functions in s.
1178	28.35(4)(a).
1179	(b)  If the Chief Financial Officer Department of Revenue
1180	finds the court-related budget proposed by a clerk includes
1181	functions not included in the standard list of court-related
1182	functions in s. 28.35(4)(a) 28.35(3)(a), the department shall
1183	notify the clerk of the amount of the proposed budget not
1184	eligible to be funded from fees, service charges, costs, and
1185	fines for court-related functions. The clerk shall then
1186	immediately discontinue the expenditures of funds for this
1187	purpose and reimburse the Clerks of the Court Trust Fund for any
1188	expenditures incurred to date for these functions.
1189	(6)  The Clerks of Court Operations Corporation may approve
1190	funding and adjust the maximum of a clerk's authorized court-
1191	related budget in excess of the amount otherwise authorized to
1192	be funded in this section if the corporation makes a finding
1193	that the additional funding is necessary to perform court-
1194	related functions included in the standard list of court-related
1195	functions in s. 28.35(4)(a) and one of the following conditions
1196	exist:
1197	(a) The additional funding is reasonable and necessary to
1198	pay the cost of performing new and additional functions required
1199	by changes in the statute or court rule.
1200	(b)  The additional funding is reasonable and necessary to
1201	pay the additional costs required for the clerk to support
1202	increases in the number of judges and other judicial resources
1203	as may be authorized by the Legislature.
1204	(c)  The additional funding is reasonable and necessary to
1205	satisfy court-related expenses incurred by the clerk that result
1206	from increases in previously funded fixed expenses that are
1207	outside the control of the clerk or to meet increases resulting
1208	from contractual obligations entered into prior to July 1, 2004.
1209
1210	Prior to approval of any additional budget funding as authorized
1211	by this provision, the corporation shall prepare detailed
1212	documentation of the factual basis for the approval. Within 30
1213	days after approval of additional budget approval authorized by
1214	this provision, the corporation shall submit notice of such
1215	actions, together with the detailed documentation of the factual
1216	basis for the approval to the Chief Financial Officer.
1217	Section 12.  Section 28.44, Florida Statutes, is created to
1218	read:
1219	28.44  Clerk discontinuance of court-related functions.--
1220	(1)  No function of the clerk of court being performed in
1221	support of the trial courts by the individual clerks of court on
1222	July 1, 2004, may be discontinued or substantially modified on a
1223	unilateral basis except pursuant to this section. A clerk of
1224	court may discontinue performing a function performed in support
1225	of the trial court only if:
1226	(a)  The chief judge of the circuit has consented in
1227	writing to the discontinuance or substantial modification of the
1228	function performed in support of the trial court; or
1229	(b)  The clerk of court has given written notice of the
1230	intention to substantially modify or discontinue a function
1231	performed in support of the trial court at least one year before
1232	the effective date of the discontinuance or substantial
1233	modification of the function.
1234	(2)  "Substantial modification" of a function performed in
1235	support of the trial court means a modification which has the
1236	effect of reducing the level of services provided to the trial
1237	court.
1238	Section 13.  Section 28.45, Florida Statutes, is created to
1239	read:
1240	28.45  Clerk repayment of costs.--A clerk of court, acting
1241	in good faith upon a court-related duty prescribed by court rule
1242	or the administrative order of a chief judge, shall not be held
1243	responsible to repay costs associated with that duty required by
1244	court rule or administrative order if it is later determined
1245	that the performance of that duty was not a proper expenditure
1246	of state funds.
1247	Section 14.  Subsection (6) of section 29.004, Florida
1248	Statutes, is amended to read:
1249	29.004  State courts system.--For purposes of implementing
1250	s. 14, Art. V of the State Constitution, the elements of the
1251	state courts system to be provided from state revenues
1252	appropriated by general law are as follows:
1253	(6)  Expert witnesses who not requested by any party which
1254	are appointed by the court pursuant to an express grant of
1255	statutory authority.
1256	Section 15.  Subsections (4), (5), (6), (7), and (8) of
1257	section 29.005, Florida Statutes, are amended to read:
1258	29.005  State attorneys' offices and prosecution
1259	expenses.--For purposes of implementing s. 14, Art. V of the
1260	State Constitution, the elements of the state attorneys' offices
1261	to be provided from state revenues appropriated by general law
1262	are as follows:
1263	(4)  Mental health professionals appointed pursuant to s.
1264	394.473 and required in a court hearing involving an indigent,
1265	and mental health professionals appointed pursuant to s.
1266	916.115(2) and required in a court hearing involving an
1267	indigent.
1268	(4)(5)  Reasonable transportation services in the
1269	performance of constitutional and statutory responsibilities.
1270	Motor vehicles owned by the counties and provided exclusively to
1271	state attorneys as of July 1, 2003, and any additional vehicles
1272	owned by the counties and provided exclusively to state
1273	attorneys during fiscal year 2003-2004 shall be transferred by
1274	title to the state effective July 1, 2004.
1275	(5)(6)  Travel expenses reimbursable under s. 112.061
1276	reasonably necessary in the performance of constitutional and
1277	statutory responsibilities.
1278	(6)(7)  Reasonable library and electronic legal research
1279	services, other than a public law library.
1280	(7)(8)  Reasonable pretrial consultation fees and costs.
1281	Section 16.  Section 29.007, Florida Statutes, is amended
1282	to read:
1283	29.007  Court-appointed counsel.--For purposes of
1284	implementing s. 14, Art. V of the State Constitution, the
1285	elements of court-appointed counsel to be provided from state
1286	revenues appropriated by general law are as follows:
1287	(1)  Private attorneys appointed by the court to handle
1288	cases where the defendant is indigent and cannot be represented
1289	by the public defender under ss. 27.42 and 27.53.
1290	(2)  Private attorneys appointed by the court to represent
1291	indigents or other classes of litigants in civil proceedings
1292	requiring court-appointed counsel in accordance with state and
1293	federal constitutional guarantees and federal and state
1294	statutes.
1295	(3)  Reasonable court reporting and transcription services
1296	necessary to meet constitutional or statutory requirements,
1297	including the cost of transcribing and copying depositions of
1298	witnesses and the cost of foreign language and sign-language
1299	interpreters and translators.
1300	(4)  Witnesses, including expert witnesses, summoned to
1301	appear for an investigation, preliminary hearing, or trial in a
1302	case when the witnesses are summoned on behalf of an indigent,
1303	and any other expert witnesses approved by the court.
1304	(5)  Mental health professionals appointed pursuant to s.
1305	394.473 and required in a court hearing involving an indigent,
1306	and mental health professionals appointed pursuant to s.
1307	916.115(2) and required in a court hearing involving an
1308	indigent, and any other mental health professionals expressly
1309	required by law for the full adjudication of any civil case
1310	involving an indigent person.
1311	(6)  Reasonable pretrial consultation fees and costs.
1312	(7)  Travel expenses reimbursable under s. 112.061
1313	reasonably necessary in the performance of constitutional and
1314	statutory responsibilities.
1315
1316	Subsections (3), (4), (5), (6), and (7) apply when court-
1317	appointed counsel is appointed; when the court determines that
1318	the litigant is indigent for costs; or when the litigant is
1319	acting pro se and the court determines that the litigant is
1320	indigent for costs at the trial or appellate level. This section
1321	applies in any situation in which the court appoints counsel to
1322	protect a litigant's due-process rights.
1323	Section 17.  Subsection (1) of section 29.008, Florida
1324	Statutes, is amended to read:
1325	29.008  County funding of court-related functions.--
1326	(1)  Counties are required by s. 14, Art. V of the State
1327	Constitution to fund the cost of communications services,
1328	existing radio systems, existing multiagency criminal justice
1329	information systems, and the cost of construction or lease,
1330	maintenance, utilities, and security of facilities for the
1331	circuit and county courts, public defenders' offices, state
1332	attorneys' offices, guardian ad litem offices, and the offices
1333	of the clerks of the circuit and county courts performing court-
1334	related functions. For purposes of this section, the term
1335	"circuit and county courts" shall include the offices and
1336	staffing of the guardian ad litem programs. The county
1337	designated under s. 35.05(1) as the headquarters for each
1338	appellate district shall fund these costs for the appellate
1339	division of the public defender's office in that county. For
1340	purposes of implementing these requirements, the term:
1341	(a)  "Facility" means reasonable and necessary buildings
1342	and office space and appurtenant equipment and furnishings,
1343	structures, real estate, easements, and related interests in
1344	real estate, including, but not limited to, those for the
1345	purpose of housing legal materials for use by the general public
1346	and personnel, equipment, or functions of the circuit or county
1347	courts, public defenders' offices, state attorneys' offices, and
1348	court-related functions of the office of the clerks of the
1349	circuit and county courts and all storage. The term "facility"
1350	includes all wiring necessary for court-reporting services. The
1351	term also includes access to parking for such facilities in
1352	connection with such court-related functions that may be
1353	available free or from a private provider or a local government
1354	for a fee. The office space provided by a county may not be less
1355	than the standards for space allotment adopted by the Department
1356	of Management Services, except this requirement applies only to
1357	facilities that are leased, or on which construction commences,
1358	after June 30, 2003. County funding must include physical
1359	modifications and improvements to all facilities as are required
1360	for compliance with the Americans with Disabilities Act. Upon
1361	mutual agreement of a county and the affected entity in this
1362	paragraph, the office space provided by the county may vary from
1363	the standards for space allotment adopted by the Department of
1364	Management Services. This section applies only to facilities
1365	that are leased, or on which construction commences, after June
1366	30, 2003.
1367	1.  As of July 1, 2005, equipment and furnishings shall be
1368	limited to that appropriate and customary for courtrooms,
1369	hearing rooms, jury facilities, and other public areas in
1370	courthouses and any other facility occupied by the courts, state
1371	attorneys, and public defenders.
1372	2.  Equipment and furnishings under this paragraph in
1373	existence and owned by counties on July 1, 2005, except for that
1374	in the possession of the clerks, for areas other than
1375	courtrooms, hearing rooms, jury facilities, and other public
1376	areas in courthouses and any other facility occupied by the
1377	courts, state attorneys, and public defenders, shall be
1378	transferred to the state at no charge. This provision does not
1379	apply to any communication services as defined in paragraph (f).
1380	(b)  "Construction or lease" includes, but is not limited
1381	to, all reasonable and necessary costs of the acquisition or
1382	lease of facilities for all judicial officers, staff, jurors,
1383	volunteers of a tenant agency, and the public for the circuit
1384	and county courts, the public defenders' offices, state
1385	attorneys' offices, and for performing the court-related
1386	functions of the offices of the clerks of the circuit and county
1387	courts. This includes expenses related to financing such
1388	facilities and the existing and future cost and bonded
1389	indebtedness associated with placing the facilities in use.
1390	(c)  "Maintenance" includes, but is not limited to, all
1391	reasonable and necessary costs of custodial and groundskeeping
1392	services and renovation and reconstruction as needed to
1393	accommodate functions for the circuit and county courts, the
1394	public defenders' offices, and state attorneys' offices and for
1395	performing the court-related functions of the offices of the
1396	clerks of the circuit and county court and for maintaining the
1397	facilities in a condition appropriate and safe for the use
1398	intended.
1399	(d)  "Utilities" means all electricity services for light,
1400	heat, and power; natural or manufactured gas services for light,
1401	heat, and power; water and wastewater services and systems,
1402	stormwater or runoff services and systems, sewer services and
1403	systems, all costs or fees associated with these services and
1404	systems, and any costs or fees associated with the mitigation of
1405	environmental impacts directly related to the facility.
1406	(e)  "Security" includes but is not limited to, all
1407	reasonable and necessary costs of services of law enforcement
1408	officers or licensed security guards and all electronic,
1409	cellular, or digital monitoring and screening devices necessary
1410	to ensure the safety and security of all persons visiting or
1411	working in a facility; to provide for security of the facility,
1412	including protection of property owned by the county or the
1413	state; and for security of prisoners brought to any facility.
1414	This includes bailiffs while providing courtroom and other
1415	security for each judge and other quasi-judicial officers.
1416	(f)  "Communications services" are defined as any
1417	reasonable and necessary transmission, emission, and reception
1418	of signs, signals, writings, images, and sounds of intelligence
1419	of any nature by wire, radio, optical, audio equipment, or other
1420	electromagnetic systems and includes all facilities and
1421	equipment owned, leased, or used by judges, clerks, public
1422	defenders, state attorneys, and all staff of the state courts
1423	system, state attorneys' offices, public defenders' offices, and
1424	clerks of the circuit and county courts performing court-related
1425	functions. Such system or services shall include, but not be
1426	limited to:
1427	1.  Telephone system infrastructure, including computer
1428	lines, telephone switching equipment, and maintenance, and
1429	facsimile equipment, wireless communications, cellular
1430	telephones, pagers, and video teleconferencing equipment and
1431	line charges. Each county shall continue to provide access to a
1432	local carrier for local and long distance service and shall pay
1433	toll charges for local and long distance service.
1434	2.  All computer networks, systems and equipment, including
1435	computer hardware and software, modems, printers, wiring,
1436	network connections, maintenance, support staff or services
1437	including any county-funded support staff located in the offices
1438	of the circuit court, county courts, state attorneys, and public
1439	defenders, training, supplies, and line charges necessary for an
1440	integrated computer system to support the operations and
1441	management of the state courts system, the offices of the public
1442	defenders, the offices of the state attorneys, and the offices
1443	of the clerks of the circuit and county courts and the
1444	capability to connect those entities and reporting data to the
1445	state as required for the transmission of revenue, performance
1446	accountability, case management, data collection, budgeting, and
1447	auditing purposes. The integrated computer system shall be
1448	operational by July 1, 2006, and, at a minimum, permit the
1449	exchange of financial, performance accountability, case
1450	management, case disposition, and other data across multiple
1451	state and county information systems involving multiple users at
1452	both the state level and within each judicial circuit and be
1453	able to electronically exchange judicial case background data,
1454	sentencing scoresheets, and video evidence information stored in
1455	integrated case management systems over secure networks. Once
1456	the integrated system becomes operational, counties may reject
1457	requests to purchase communication services included in this
1458	subparagraph not in compliance with standards, protocols, or
1459	processes adopted by the board established pursuant to s.
1460	29.0086.
1461	3.  Courier messenger and subpoena services.
1462	4.  Auxiliary aids and services for qualified individuals
1463	with a disability which are necessary to ensure access to the
1464	courts. Such auxiliary aids and services include, but are not
1465	limited to, sign language interpretation services required under
1466	the federal Americans with Disabilities Act other than services
1467	required to satisfy due process requirements and identified as a
1468	state funding responsibility pursuant to ss. 29.004, 29.005,
1469	29.006, and 29.007, real-time transcription services for
1470	individuals who are hearing impaired, and assistive listening
1471	devices and the equipment necessary to implement such
1472	accommodations.
1473	(g)  "Existing radio systems" includes, but is not limited
1474	to, law enforcement radio systems that are used by the circuit
1475	and county courts, the offices of the public defenders, the
1476	offices of the state attorneys, and for court-related functions
1477	of the offices of the clerks of the circuit and county courts.
1478	This includes radio systems that were operational or under
1479	contract at the time Revision No. 7, 1998, to Art. V of the
1480	State Constitution was adopted and any enhancements made
1481	thereafter, the maintenance of those systems, and the personnel
1482	and supplies necessary for operation.
1483	(h)  "Existing multiagency criminal justice information
1484	systems" includes, but is not limited to, those components of
1485	the multiagency criminal justice information system as defined
1486	in s. 943.045, supporting the offices of the circuit or county
1487	courts, the public defenders' offices, the state attorneys'
1488	offices, or those portions of the offices of the clerks of the
1489	circuit and county courts performing court-related functions
1490	that are used to carry out the court-related activities of those
1491	entities. This includes upgrades and maintenance of the current
1492	equipment, maintenance and upgrades of supporting technology
1493	infrastructure and associated staff, and services and expenses
1494	to assure continued information sharing and reporting of
1495	information to the state. The counties shall also provide
1496	additional information technology services, hardware, and
1497	software as needed for new judges and staff of the state courts
1498	system, state attorneys' offices, public defenders' offices, and
1499	the offices of the clerks of the circuit and county courts
1500	performing court-related functions.
1501	Section 18.  Subsection (2) of section 29.015, Florida
1502	Statutes, is amended to read:
1503	29.015  Contingency fund; limitation of authority to
1504	transfer funds in contracted due process services appropriation
1505	categories.--
1506	(2)  In the event that a state attorney or public defender
1507	incurs a deficit in a contracted due process services
1508	appropriation category, the following steps shall be taken in
1509	order:
1510	(a)  The state attorney or public defender shall first
1511	attempt to identify surplus funds from other appropriation
1512	categories within his or her office and submit a budget
1513	amendment pursuant to chapter 216 to transfer funds from within
1514	the office.
1515	(b)  In the event that the state attorney or public
1516	defender is unable to identify surplus funds from within his or
1517	her office, he or she shall certify this to the Justice
1518	Administrative Commission along with a complete explanation of
1519	the circumstances which led to the deficit and steps the office
1520	has taken to reduce or alleviate the deficit. The Justice
1521	Administrative Commission shall inquire as to whether any other
1522	office has surplus funds in its contracted due process services
1523	appropriation categories which can be transferred to the office
1524	that is experiencing the deficit. If other offices indicate that
1525	surplus funds are available within the same appropriation
1526	category, the Justice Administrative Commission shall adjust the
1527	initial allocation of funds among circuits provided that such
1528	adjustment is not in conflict with specific direction provided
1529	in the General Appropriations Act and shall provide notice to
1530	the Governor and the chair and vice chair of the Legislative
1531	Budget Commission at least 14 days prior to making the
1532	adjustment. If funds are available from a different
1533	appropriation category, the Justice Administrative Commission
1534	shall request a budget amendment pursuant to all applicable
1535	provisions of Chapter 216, Florida Statutes request a budget
1536	amendment to transfer funds from the office or offices to
1537	alleviate the deficit upon agreement of the contributing office
1538	or offices.
1539	(c)  If no office indicates that surplus funds are
1540	available to alleviate the deficit, the Justice Administrative
1541	Commission may request a budget amendment to transfer funds from
1542	the contingency fund. Such transfers shall be in accordance with
1543	all applicable provisions of chapter 216 and shall be subject to
1544	review and approval by the Legislative Budget Commission. The
1545	Justice Administrative Commission shall submit the documentation
1546	provided by the office explaining the circumstances that led to
1547	the deficit and the steps taken by the office and the Justice
1548	Administrative Commission to identify surplus funds to the
1549	Legislative Budget Commission.
1550	Section 19.  Section 29.018, Florida Statutes, is amended
1551	to read:
1552	29.018  Cost sharing of due-process services due process
1553	costs; legislative intent.--It is the intent of the Legislature
1554	to provide state-funded due-process due process services to the
1555	state courts system, state attorneys, public defenders, and
1556	court-appointed counsel in the most cost-effective and efficient
1557	manner. The state courts system, state attorneys, public
1558	defenders, and the Justice Administrative Commission on behalf
1559	of court-appointed counsel may enter into contractual agreements
1560	to share, on a pro rata basis, the costs associated with court
1561	reporting services, court interpreter and translation services,
1562	court experts, and all other due-process due process services
1563	funded by the state pursuant to this chapter. These costs shall
1564	be budgeted within the funds appropriated to each of the
1565	affected users of services.
1566	Section 20.  Section 29.0185, Florida Statutes, is created
1567	to read:
1568	29.0185  Provision of state-funded due-process services to
1569	individuals.--Due-process services may not be provided with
1570	state revenues to an individual unless the individual on whose
1571	behalf the due-process services are being provided is eligible
1572	for court-appointed counsel under s. 27.40, based upon a
1573	determination of indigency under s. 27.52, regardless of whether
1574	such counsel is appointed; or the individual on whose behalf the
1575	due process services are being provided is eligible for court-
1576	appointed counsel under s. 27.40, and has been determined
1577	indigent for costs pursuant to s. 27.52.
1578	Section 21.  Subsection (1) of section 34.045, Florida
1579	Statutes, is amended to read:
1580	34.045  Cost recovery; use of the county court for
1581	ordinance or special law violations.--
1582	(1)(a)  In lieu of payment of a filing fee under s. 34.041,
1583	a filing fee of $10 shall be paid by a county or municipality
1584	when filing a violation of a county or municipal ordinance or a
1585	violation of a special law in county court. This fee shall be
1586	paid to the clerk of the court for performing court-related
1587	functions. A county or municipality is not required to pay more
1588	than one filing fee for a single filing against a single
1589	defendant that contains multiple alleged violations. A filing
1590	fee, other than that imposed under this section, may not be
1591	assessed for initiating an enforcement proceeding in county
1592	court for a violation of a county or municipal code or ordinance
1593	or a violation of a special law.
1594	(b)  No other filing fee may be assessed for filing the
1595	violation in county court. If a person contests the violation in
1596	court, the court shall assess $40 in costs against the
1597	nonprevailing party. The county or municipality shall be
1598	considered the prevailing party when there is a plea or finding
1599	of violation or guilt to any count or lesser included offense of
1600	the charge or companion case charges, regardless of
1601	adjudication. Costs Cost recovered pursuant to this paragraph
1602	shall be deposited into the clerk's fine and forfeiture fund
1603	established pursuant to s. 142.01.
1604	(c)  If the person does not contest the violation in court
1605	or if the county or municipality is the prevailing party, the
1606	court shall assess the person or nonprevailing party $10 for the
1607	filing fee provided in paragraph (a), which amount shall be
1608	forwarded to the county or municipality.
1609	Section 22.  Section 34.191, Florida Statutes, is amended
1610	to read:
1611	34.191  Fines and forfeitures; dispositions.--
1612	(1)  All fines and forfeitures arising from offenses tried
1613	in the county court shall be collected and accounted for by the
1614	clerk of the court and, other than the charge provided in s.
1615	318.1215, disbursed in accordance with ss. 28.2402, 34.045,
1616	142.01, and 142.03 142.13 and subject to the provisions of s.
1617	28.246(5) and (6). Notwithstanding the provisions of this
1618	section, all fines and forfeitures arising from operation of the
1619	provisions of s. 318.1215 shall be disbursed in accordance with
1620	that section.
1621	(2)  All fines and forfeitures received from violations of
1622	municipal ordinances committed within a municipality within the
1623	territorial jurisdiction of the county court, other than the
1624	charge provided in s. 318.1215, shall be paid monthly to the
1625	municipality except as provided in s. 28.2402(2), s. 34.045(2),
1626	s. 318.21, or s. 943.25. A municipality does not include a
1627	county having a consolidated government under s. 6(e), Art. VIII
1628	of the State Constitution.
1629	(3)  All other fines and forfeitures collected by the
1630	clerk, other than the charge provided in s. 318.1215, shall be
1631	considered income of the office of the clerk for use in
1632	performing court-related duties of the office.
1633	Section 23.  Subsection (3) of section 39.0132, Florida
1634	Statutes, is amended to read:
1635	39.0132  Oaths, records, and confidential information.--
1636	(3)  The clerk shall keep all court records required by
1637	this chapter separate from other records of the circuit court.
1638	All court records required by this chapter shall not be open to
1639	inspection by the public. All records shall be inspected only
1640	upon order of the court by persons deemed by the court to have a
1641	proper interest therein, except that, subject to the provisions
1642	of s. 63.162, a child and the parents of the child and their
1643	attorneys, guardian ad litem, law enforcement agencies, and the
1644	department and its designees shall always have the right to
1645	inspect and copy any official record pertaining to the child.
1646	The Justice Administrative Commission may inspect court dockets
1647	required by this chapter as necessary to audit compensation of
1648	court-appointed attorneys. If the docket is insufficient for
1649	purposes of the audit, the commission may petition the court for
1650	additional documentation as necessary and appropriate. The court
1651	may permit authorized representatives of recognized
1652	organizations compiling statistics for proper purposes to
1653	inspect and make abstracts from official records, under whatever
1654	conditions upon their use and disposition the court may deem
1655	proper, and may punish by contempt proceedings any violation of
1656	those conditions.
1657	Section 24.  Subsection (1) of section 39.821, Florida
1658	Statutes, is amended to read:
1659	39.821  Qualifications of guardians ad litem.--
1660	(1)  Because of the special trust or responsibility placed
1661	in a guardian ad litem, the Guardian Ad Litem Program may use
1662	any private funds collected by the program, or any state funds
1663	so designated, to conduct a security background investigation
1664	before certifying a volunteer to serve. A security background
1665	investigation must include, but need not be limited to,
1666	employment history checks, checks of references, local criminal
1667	records checks through local law enforcement agencies, and
1668	statewide criminal records checks through the Department of Law
1669	Enforcement. Upon request, an employer shall furnish a copy of
1670	the personnel record for the employee or former employee who is
1671	the subject of a security background investigation conducted
1672	under this section. The information contained in the personnel
1673	record may include, but need not be limited to, disciplinary
1674	matters and the reason why the employee was terminated from
1675	employment. An employer who releases a personnel record for
1676	purposes of a security background investigation is presumed to
1677	have acted in good faith and is not liable for information
1678	contained in the record without a showing that the employer
1679	maliciously falsified the record. A security background
1680	investigation conducted under this section must ensure that a
1681	person is not certified as a guardian ad litem if the person has
1682	been convicted of, regardless of adjudication, or entered a plea
1683	of nolo contendere or guilty to, any offense prohibited under
1684	the provisions of the Florida Statutes specified in s. 435.04(2)
1685	or under any similar law in another jurisdiction. Before
1686	certifying an applicant to serve as a guardian ad litem, the
1687	Guardian Ad Litem Program chief judge of the circuit court may
1688	request a federal criminal records check of the applicant
1689	through the Federal Bureau of Investigation. In analyzing and
1690	evaluating the information obtained in the security background
1691	investigation, the program must give particular emphasis to past
1692	activities involving children, including, but not limited to,
1693	child-related criminal offenses or child abuse. The program has
1694	the sole discretion in determining whether to certify a person
1695	based on his or her security background investigation. The
1696	information collected pursuant to the security background
1697	investigation is confidential and exempt from s. 119.07(1).
1698	Section 25.  Section 39.822, Florida Statutes, is amended
1699	to read:
1700	39.822  Appointment of guardian ad litem for abused,
1701	abandoned, or neglected child.--
1702	(1)  A guardian ad litem shall be appointed by the court at
1703	the earliest possible time to represent the child in any child
1704	abuse, abandonment, or neglect judicial proceeding, whether
1705	civil or criminal. Any person participating in a civil or
1706	criminal judicial proceeding resulting from such appointment
1707	shall be presumed prima facie to be acting in good faith and in
1708	so doing shall be immune from any liability, civil or criminal,
1709	that otherwise might be incurred or imposed.
1710	(2)  In those cases in which the parents are financially
1711	able, the parent or parents of the child shall reimburse the
1712	court, in part or in whole, for the cost of provision of
1713	guardian ad litem services. Reimbursement to the individual
1714	providing guardian ad litem services shall not be contingent
1715	upon successful collection by the court from the parent or
1716	parents.
1717	(3)  Upon presentation by a guardian ad litem of a court
1718	order appointing the guardian ad litem:
1719	(a)  An agency, as defined in chapter 119, shall allow the
1720	guardian ad litem to inspect and copy records related to the
1721	best interests of the child who is the subject of the
1722	appointment, including, but not limited to, confidential and
1723	exempt records. The guardian ad litem shall maintain the
1724	confidential and exempt status of any records shared by an
1725	agency under this paragraph.
1726	(b)  A person or organization, other than an agency under
1727	paragraph (a), shall allow the guardian ad litem to inspect and
1728	copy records related to the best interests of the child who is
1729	the subject of the appointment.
1730
1731	For the purposes of this subsection, the term "records related
1732	to the best interests of the child" includes, but is not limited
1733	to, medical, mental health, substance abuse, child care,
1734	education, law enforcement, court, social services, and
1735	financial records.
1736	(4)(3)  The guardian ad litem or the program representative
1737	shall review all disposition recommendations and changes in
1738	placements, and must be present at all critical stages of the
1739	dependency proceeding or submit a written report of
1740	recommendations to the court. Written reports must be filed with
1741	the court and served on all parties whose whereabouts are known
1742	at least 72 hours prior to the hearing.
1743	Section 26.  Subsection (1) of section 40.29, Florida
1744	Statutes, is amended to read:
1745	40.29  Payment of due process costs.--
1746	(1)(a)  Each clerk of the circuit court, on behalf of the
1747	courts, the state attorney, and the public defender, shall
1748	forward to the Justice Administrative Commission, by county, a
1749	quarterly estimate of funds necessary to pay for ordinary
1750	witnesses, including, but not limited to, witnesses in civil
1751	traffic cases and witnesses of the state attorney, public
1752	defender, court-appointed counsel, and persons determined to be
1753	indigent for costs except expert witnesses paid pursuant to a
1754	contract or other professional services agreement, pursuant to
1755	ss. 29.005 and 29.006. Each quarter of the state fiscal year,
1756	the commission, based upon the estimates, shall advance funds to
1757	each clerk to pay for these ordinary witnesses from state funds
1758	specifically appropriated for the payment of ordinary witnesses.
1759	(b)  Each clerk of the circuit court shall forward to the
1760	Office of the State Courts Administrator, by county, a quarterly
1761	estimate of funds necessary to pay juror compensation.
1762	Section 27.  Section 40.355, Florida Statutes, is created
1763	to read:
1764	40.355  Accounting and payment to public defenders and
1765	state attorneys.--The clerk of the court shall, within 2 weeks
1766	after the last day of the state's fiscal year, render to the
1767	state attorney and the public defender in each circuit a full
1768	statement of accounts for moneys received and disbursed under
1769	this chapter and, upon request of the state attorney or public
1770	defender, shall refund to the state attorney or public defender
1771	any balance.
1772	Section 28.  Subsection (7) is added to section 43.16,
1773	Florida Statutes, to read:
1774	43.16  Justice Administrative Commission; membership,
1775	powers and duties.--
1776	(7)  Chapter 120 does not apply to the Justice
1777	Administrative Commission.
1778	Section 29.  Subsection (6) is added to section 43.26,
1779	Florida Statutes, to read:
1780	43.26  Chief judge of circuit; selection; powers.--
1781	(6)  The chief judge of each circuit is charged by s. 2(d),
1782	Article V of the Florida Constitution, and this section with the
1783	authority to promote the prompt and efficient administration of
1784	justice in the courts over which he or she is chief judge. The
1785	clerks of court provide court-related functions which are
1786	essential to the orderly administration of the judicial branch.
1787	The chief judge of each circuit shall consult with each clerk of
1788	court to determine the priority of services provided by the
1789	clerk of court to the trial court pursuant to s. 28.35(4)(a).
1790	Section 30.  Paragraph (b) of subsection (4) of section
1791	44.102, Florida Statutes, is amended to read:
1792	44.102  Court-ordered mediation.--
1793	(4)  The chief judge of each judicial circuit shall
1794	maintain a list of mediators who have been certified by the
1795	Supreme Court and who have registered for appointment in that
1796	circuit.
1797	(b)  Nonvolunteer mediators shall be compensated according
1798	to rules adopted by the Supreme Court. If a mediation program is
1799	funded pursuant to s. 44.108, a mediator may be compensated by
1800	the county or by the parties. When a party has been declared
1801	indigent or insolvent, that party's pro rata share of a
1802	mediator's compensation shall be paid by the county at the rate
1803	set by administrative order of the chief judge of the circuit.
1804	Section 31.  Section 44.108, Florida Statutes, is amended
1805	to read:
1806	44.108  Funding of mediation and arbitration.--
1807	(1)  Mediation and arbitration should be accessible to all
1808	parties regardless of financial status. A filing fee of $1 is
1809	levied on all proceedings in the circuit or county courts to
1810	fund mediation and arbitration services which are the
1811	responsibility of the Supreme Court pursuant to the provisions
1812	of s. 44.106. The clerk of the court shall forward the moneys
1813	collected to the Department of Revenue for deposit in the state
1814	courts' Mediation and Arbitration Trust Fund.
1815	(2)  When court-ordered mediation services are provided by
1816	a circuit court's mediation program, the following fees, unless
1817	otherwise established in the General Appropriations Act, shall
1818	be collected by the clerk of court:
1819	(a)  Eighty dollars per person per scheduled session in
1820	family mediation when the parties' combined income is greater
1821	than $50,000, but less than $100,000 per year;
1822	(b)  Forty dollars per person per scheduled session in
1823	family mediation when the parties' combined income is less than
1824	$50,000; or
1825	(c)  Forty dollars per person per scheduled session in
1826	county court cases.
1827
1828	No mediation fees shall be assessed under this subsection in
1829	residential eviction cases, against a party found to be
1830	indigent, or for any small claims action. Fees collected by the
1831	clerk of court pursuant to this section shall be remitted to the
1832	Department of Revenue for deposit into the state courts'
1833	Mediation and Arbitration Trust Fund to fund court-ordered
1834	mediation. The clerk of court may deduct $1 per fee assessment
1835	for processing this fee. The clerk of the court shall submit to
1836	the chief judge of the circuit, no later than 30 days after the
1837	end of each quarter, a report specifying the amount of funds
1838	collected under this section during each quarter of the fiscal
1839	year.
1840	Section 32.  Section 57.082, Florida Statutes, is created
1841	to read:
1842	57.082  Determination of civil indigent status.--
1843	(1)  APPLICATION TO THE CLERK.--A person seeking
1844	appointment of a private attorney in a civil case eligible for
1845	court-appointed counsel, or seeking relief from prepayment of
1846	fees and costs under s. 57.081, based upon an inability to pay
1847	must apply to the clerk of the court for a determination of
1848	civil indigent status using an application form developed by the
1849	Florida Clerks of Court Operations Corporation with final
1850	approval by the Supreme Court.
1851	(a)  The application must include, at a minimum, the
1852	following financial information:
1853	1.  Net income, consisting of total salary and wages, minus
1854	deductions required by law, including court-ordered support
1855	payments.
1856	2.  Other income, including, but not limited to, social
1857	security benefits, union funds, veterans' benefits, workers'
1858	compensation, other regular support from absent family members,
1859	public or private employee pensions, unemployment compensation,
1860	dividends, interest, rent, trusts, and gifts.
1861	3.  Assets, including, but not limited to, cash, savings
1862	accounts, bank accounts, stocks, bonds, certificates of deposit,
1863	equity in real estate, and equity in a boat or a motor vehicle
1864	or in other tangible property.
1865	4.  All liabilities and debts.
1866
1867	The application must include a signature by the applicant which
1868	attests to the truthfulness of the information provided. The
1869	application form developed by the corporation must include
1870	notice that the applicant may seek court review of a clerk's
1871	determination that the applicant is not indigent, as provided in
1872	this section.
1873	(b)  The clerk shall assist a person who appears before the
1874	clerk and requests assistance in completing the application and
1875	the clerk shall notify the court if a person is unable to
1876	complete the application after the clerk has provided
1877	assistance.
1878	(c)  The clerk shall accept an application that is signed
1879	by the applicant and submitted on his or her behalf by a private
1880	attorney who is representing the applicant in the applicable
1881	matter.
1882	(2)  DETERMINATION BY THE CLERK.--The clerk of the court
1883	shall determine whether an applicant seeking such designation is
1884	indigent based upon the information provided in the application
1885	and the criteria prescribed in this subsection.
1886	(a)1.  An applicant, including an applicant who is a minor
1887	or an adult tax-dependent person, is indigent if the applicant's
1888	income is equal to or below 200 percent of the then-current
1889	federal poverty guidelines prescribed for the size of the
1890	household of the applicant by the United States Department of
1891	Health and Human Services.
1892	2.  There is a presumption that the applicant is not
1893	indigent if the applicant owns, has equity in, or has the
1894	expectancy of any interest in any intangible or tangible
1895	personal property or real property.
1896	(b)  Based upon its review, the clerk shall make one of the
1897	following determinations:
1898	1.  The applicant is not indigent.
1899	2.  The applicant is indigent.
1900	(c)  If the clerk determines that the applicant is
1901	indigent, the clerk shall immediately file the determination in
1902	the case record.
1903	(d)  The duty of the clerk in determining whether an
1904	applicant is indigent is limited to receiving the application
1905	and comparing the information provided in the application to the
1906	criteria prescribed in this subsection. The determination of
1907	indigent status is a ministerial act of the clerk and may not be
1908	based on further investigation or the exercise of independent
1909	judgment by the clerk. The clerk may contract with third parties
1910	to perform functions assigned to the clerk under this section.
1911	(e)  The applicant may seek review of the clerk's
1912	determination that the applicant is not indigent in the court
1913	having jurisdiction over the matter by filing a petition to
1914	review the clerk's determination of nonindigent status for which
1915	a filing fee may not be charged. If the applicant seeks review
1916	of the clerk's determination of indigent status, the court shall
1917	make a final determination as provided in subsection (4).
1918	(3)  APPOINTMENT OF COUNSEL ON AN INTERIM BASIS.--If the
1919	clerk of the court has not made a determination of indigent
1920	status at the time a person requests appointment of a private
1921	attorney in a civil case eligible for court-appointed counsel,
1922	the court shall make a preliminary determination of indigent
1923	status, pending further review by the clerk, and may, by court
1924	order, appoint private counsel on an interim basis.
1925	(4)  REVIEW OF THE CLERK'S DETERMINATION.--
1926	(a)  If the clerk of the court determines that the
1927	applicant is not indigent and the applicant seeks review of the
1928	clerk's determination, the court shall make a final
1929	determination of indigent status by reviewing the information
1930	provided in the application against the criteria prescribed in
1931	subsection (2) and by considering the following additional
1932	factors:
1933	1.  Whether paying for private counsel or other fees and
1934	costs creates a substantial hardship for the applicant or the
1935	applicant's family.
1936	2.  Whether the applicant is proceeding pro se or is
1937	represented by a private attorney for a fee or on a pro-bono
1938	basis.
1939	3.  When the applicant retained private counsel.
1940	4.  The amount of any attorney's fees and who is paying the
1941	fees.
1942	5.  Any other relevant financial circumstances of the
1943	applicant or the applicant's family.
1944	(b)  Based upon its review, the court shall make one of the
1945	following determinations and shall, if appropriate, appoint
1946	private counsel:
1947	1.  The applicant is not indigent.
1948	2.  The applicant is indigent.
1949	(5)  PROCESSING CHARGE; PAYMENT PLANS.--A person who the
1950	clerk or the court determines is indigent for civil proceedings
1951	under this section shall, upon the request of the party, be
1952	enrolled in a payment plan under s. 28.246 and shall be charged
1953	a one-time administrative processing charge under s.
1954	28.24(26)(c). A monthly payment amount, calculated based upon
1955	all fees and all anticipated costs, is presumed to correspond to
1956	the person's ability to pay if it does not exceed 2 percent of
1957	the person's annual net income, as defined in subsection (1),
1958	divided by 12. The person may seek review of the clerk's
1959	decisions regarding a payment plan established under s. 28.246
1960	in the court having jurisdiction over the matter. A case may not
1961	be impeded in any way, delayed in filing, or delayed in its
1962	progress, including the final hearing and order, due to
1963	nonpayment of any fees by an indigent person.
1964	(6)  FINANCIAL DISCREPANCIES; FRAUD; FALSE INFORMATION.--
1965	(a)  If the court learns of discrepancies between the
1966	application and the actual financial status of the person found
1967	to be indigent, the court shall determine whether the status and
1968	any relief provided as a result of that status shall be revoked.
1969	The person may be heard regarding the information learned by the
1970	court. If the court, based on the information, determines that
1971	the person is not indigent, the court shall revoke the provision
1972	of any relief under this section.
1973	(b)  If the court has reason to believe that any applicant,
1974	through fraud or misrepresentation, was improperly determined to
1975	be indigent, the matter shall be referred to the state attorney.
1976	Twenty-five percent of any amount recovered by the state
1977	attorney as reasonable value of the services rendered, including
1978	fees, charges, and costs paid by the state on the person's
1979	behalf, shall be remitted to the Department of Revenue for
1980	deposit into the Grants and Donations Trust Fund within the
1981	Justice Administrative Commission for appropriation by the
1982	Legislature to the state attorney. Seventy-five percent of any
1983	amount recovered shall be remitted to the Department of Revenue
1984	for deposit into the General Revenue Fund.
1985	(c)  A person who knowingly provides false information to
1986	the clerk or the court in seeking a determination of indigent
1987	status under this section commits a felony of the third degree,
1988	punishable as provided in s. 775.082 or s. 775.083.
1989	Section 33.  Subsection (1) of section 92.142, Florida
1990	Statutes, is amended to read:
1991	92.142  Witnesses; pay.--
1992	(1)  Witnesses in all cases, civil and criminal, in all
1993	courts, now or hereafter created, and witnesses summoned before
1994	any arbitrator or general or special magistrate appointed by the
1995	court shall receive for each day's actual attendance $5 and also
1996	6 cents per mile for actual distance traveled to and from the
1997	courts. A witness in a criminal case required to appear in a
1998	county other than the county of his or her residence and
1999	residing more than 50 miles from the location of the trial shall
2000	be entitled to per diem and travel expenses at the same rate
2001	provided for state employees under s. 112.061, in lieu of any
2002	other witness fee at the discretion of the court.
2003	Section 34.  Subsections (2) and (3) of section 92.231,
2004	Florida Statutes, are amended to read:
2005	92.231  Expert witnesses; fee.--
2006	(2)  Any expert or skilled witness who shall have testified
2007	in any cause shall be allowed a witness fee including the cost
2008	of any exhibits used by such witness in an amount agreed to by
2009	the parties, and the same shall be taxed as costs. In instances
2010	where services are provided for the state, including for state-
2011	paid private court-appointed counsel, payment from state funds
2012	shall be in accordance with standards adopted by the Legislature
2013	after receiving recommendations from the Article V Indigent
2014	Services Advisory Board.
2015	(3)  In a criminal case in which the state or an indigent
2016	defendant requires the services of an expert witness whose
2017	opinion is relevant to the issues of the case, the expert
2018	witness shall be compensated in accordance with standards
2019	adopted by the Legislature after receiving recommendations from
2020	the Article V Indigent Services Advisory Board.
2021	Section 35.  Subsection (1) of section 116.01, Florida
2022	Statutes, is amended to read:
2023	116.01  Payment of public funds into treasury.--
2024	(1)  Every state and county officer within this state
2025	authorized to collect funds due the state or county shall pay
2026	all sums officially received by the officer into the state or
2027	county treasury not later than 7 working days from the close of
2028	the week in which the officer received the funds. Funds received
2029	by the county officer on behalf of the state shall be deposited
2030	directly to the account of the State Treasury not later than 7
2031	working days from the close of the week in which the officer
2032	received the funds. The clerk of the court, when collecting
2033	funds as part of the clerk's court-related functions, must remit
2034	those funds as required under s. 28.245.
2035	Section 36.  Paragraph (gg) of subsection (6) of section
2036	119.07, Florida Statutes, is amended to read:
2037	119.07  Inspection and copying of records; photographing
2038	public records; fees; exemptions.--
2039	(6)
2040	(gg)1.  Until January 1, 2007 2006, if a social security
2041	number, made confidential and exempt pursuant to s. 119.0721,
2042	created pursuant to s. 1, ch. 2002-256, passed during the 2002
2043	regular legislative session, or a complete bank account, debit,
2044	charge, or credit card number made exempt pursuant to paragraph
2045	(dd), created pursuant to s. 1, ch. 2002-257, passed during the
2046	2002 regular legislative session, is or has been included in a
2047	court file, such number may be included as part of the court
2048	record available for public inspection and copying unless
2049	redaction is requested by the holder of such number, or by the
2050	holder's attorney or legal guardian, in a signed, legibly
2051	written request specifying the case name, case number, document
2052	heading, and page number. The request must be delivered by mail,
2053	facsimile, electronic transmission, or in person to the clerk of
2054	the circuit court. The clerk of the circuit court does not have
2055	a duty to inquire beyond the written request to verify the
2056	identity of a person requesting redaction. A fee may not be
2057	charged for the redaction of a social security number or a bank
2058	account, debit, charge, or credit card number pursuant to such
2059	request.
2060	2.  Any person who prepares or files a document to be
2061	recorded in the official records by the county recorder as
2062	provided in chapter 28 may not include a person's social
2063	security number or complete bank account, debit, charge, or
2064	credit card number in that document unless otherwise expressly
2065	required by law. Until January 1, 2007 2006, if a social
2066	security number or a complete bank account, debit, charge or
2067	credit card number is or has been included in a document
2068	presented to the county recorder for recording in the official
2069	records of the county, such number may be made available as part
2070	of the official record available for public inspection and
2071	copying. Any person, or his or her attorney or legal guardian,
2072	may request that a county recorder remove from an image or copy
2073	of an official record placed on a county recorder's publicly
2074	available Internet website, or a publicly available Internet
2075	website used by a county recorder to display public records
2076	outside the office or otherwise made electronically available
2077	outside the county recorder's office to the general public, his
2078	or her social security number or complete account, debit,
2079	charge, or credit card number contained in that official record.
2080	Such request must be legibly written, signed by the requester,
2081	and delivered by mail, facsimile, electronic transmission, or in
2082	person to the county recorder. The request must specify the
2083	identification page number of the document that contains the
2084	number to be redacted. The county recorder does not have a duty
2085	to inquire beyond the written request to verify the identity of
2086	a person requesting redaction. A fee may not be charged for
2087	redacting such numbers.
2088	3.  Upon the effective date of this act, subsections (3)
2089	and (4) of s. 119.0721, do not apply to the clerks of the court
2090	or the county recorder with respect to circuit court records and
2091	official records.
2092	4.  On January 1, 2007 2006, and thereafter, the clerk of
2093	the circuit court and the county recorder must keep complete
2094	bank account, debit, charge, and credit card numbers exempt as
2095	provided for in paragraph (dd), and must keep social security
2096	numbers confidential and exempt as provided for in s. 119.0721,
2097	without any person having to request redaction.
2098	Section 37.  Subsection (4) of section 142.01, Florida
2099	Statutes, is amended to read:
2100	142.01  Fine and forfeiture fund; clerk of the circuit
2101	court.--There shall be established by the clerk of the circuit
2102	court in each county of this state a separate fund to be known
2103	as the fine and forfeiture fund for use by the clerk of the
2104	circuit court in performing court-related functions. The fund
2105	shall consist of the following:
2106	(4)  Proceeds from forfeited bail bonds, unclaimed bonds,
2107	unclaimed moneys, or recognizances pursuant to ss. 321.05(4)(a),
2108	372.72(1), and 903.26(3)(a).
2109
2110	Notwithstanding the provisions of this section, all fines and
2111	forfeitures arising from operation of the provisions of s.
2112	318.1215 shall be disbursed in accordance with that section.
2113	Section 38.  Subsection (5) is added to section 213.13,
2114	Florida Statutes, to read:
2115	213.13  Electronic remittance and distribution of funds
2116	collected by clerks of the court.--
2117	(5)  All court-related collections, including fees, fines,
2118	reimbursements, court costs, and other court-related funds that
2119	the clerks must remit to the state pursuant to law, must be
2120	transmitted electronically by the 20th day of the month
2121	immediately following the month in which the funds are
2122	collected.
2123	Section 39.  Section 219.07, Florida Statutes, is amended
2124	to read:
2125	219.07  Disbursements.--Each officer shall, not later than
2126	7 working days from the close of the week in which the officer
2127	received the funds, distribute the money which is required to be
2128	paid to other officers, agencies, funds, or persons entitled to
2129	receive the same; provided, that distributions or partial
2130	distributions may be made more frequently; and provided further,
2131	that money required by law or court order, or by the purpose for
2132	which it was collected, to be held and disbursed for a
2133	particular purpose in a manner different from that set out
2134	herein shall be held and disbursed accordingly. Further, money
2135	collected by the county officer on behalf of the state, except
2136	for money collected by the clerk of the court as part of court-
2137	related functions, shall be deposited directly to the account of
2138	the State Treasury not later than 7 working days from the close
2139	of the week in which the officer received the funds. The clerk
2140	of the court, when collecting money as part of the clerk's
2141	court-related functions, must remit that money as required under
2142	s. 28.245.
2143	Section 40.  Subsection (1) of section 219.075, Florida
2144	Statutes, is amended to read:
2145	219.075  Investment of surplus funds by county officers.--
2146	(1)(a)  Except when another procedure is prescribed by law
2147	or by ordinance as to particular funds, a tax collector or any
2148	other county officer having, receiving, or collecting any money,
2149	either for his or her office or on behalf of and subject to
2150	subsequent distribution to another officer of state or local
2151	government, while such money is in excess of that required to
2152	meet current expenses or is pending distribution, shall invest
2153	such money, without limitation, as provided in s. 218.415.
2154	(b)  These investments shall be planned so as not to slow
2155	the normal distribution of the subject funds. The investment
2156	earnings shall be reasonably apportioned and allocated and shall
2157	be credited to the account of, and paid to, the office or
2158	distributee, together with the principal on which such earnings
2159	accrued.
2160	(c)  This section does not apply to the clerk of the
2161	circuit court with respect to money collected as part of the
2162	clerk's court-related functions. The clerk, however, shall remit
2163	this money as provided under s. 28.245.
2164	Section 41.  Section 318.121, Florida Statutes, is amended
2165	to read:
2166	318.121  Preemption of additional fees, fines, surcharges,
2167	and costs.--Notwithstanding any general or special law, or
2168	municipal or county ordinance, additional fees, fines,
2169	surcharges, or costs other than the court costs and surcharges
2170	assessed under s. 318.18(11) and (13), may not be added to the
2171	civil traffic penalties assessed in this chapter.
2172	Section 42.  Subsection (13) of section 318.18, Florida
2173	Statutes, is amended to read:
2174	318.18  Amount of civil penalties.--The penalties required
2175	for a noncriminal disposition pursuant to s. 318.14 are as
2176	follows:
2177	(13)  In addition to any penalties imposed for noncriminal
2178	traffic infractions pursuant to this chapter or imposed for
2179	criminal violations listed in s. 318.17, a board of county
2180	commissioners or any unit of local government which is
2181	consolidated as provided by s. 9, Art. VIII of the State
2182	Constitution of 1885, as preserved by s. 6(e), Art. VIII of the
2183	Constitution of 1968:
2184	(a)  May impose by ordinance a surcharge of up to $15 for
2185	any infraction or violation to fund state court facilities. The
2186	court shall not waive this surcharge.
2187	(b)  That imposed increased fees or service charges by
2188	ordinance under s. 28.2401, s. 28.241, or s. 34.041 for the
2189	purpose of securing payment of the principal and interest on
2190	bonds issued by the county before July 1, 2003, to finance state
2191	court facilities, may impose by ordinance a surcharge for any
2192	infraction or violation for the exclusive purpose of securing
2193	payment of the principal and interest on bonds issued by the
2194	county before July 1, 2003, to fund state court facilities until
2195	the date of stated maturity. The court shall not waive this
2196	surcharge. Such surcharge may not exceed an amount per violation
2197	calculated as the quotient of the maximum annual payment of the
2198	principal and interest on the bonds as of July 1, 2003, divided
2199	by the number of traffic citations for county fiscal year 2002-
2200	2003 certified as paid by the clerk of the court of the county.
2201	Such quotient shall be rounded up to the next highest dollar
2202	amount. The bonds may be refunded only if savings will be
2203	realized on payments of debt service and the refunding bonds are
2204	scheduled to mature on the same date or before the bonds being
2205	refunded.
2206
2207	A county may not impose both of the surcharges authorized under
2208	paragraphs (a) and (b) concurrently. The clerk of court shall
2209	report, no later than 30 days after the end of the quarter, the
2210	amount of funds collected under this subsection during each
2211	quarter of the fiscal year. The clerk shall submit the report,
2212	in a format developed by the Office of State Courts
2213	Administrator, to the chief judge of the circuit, the Governor,
2214	the President of the Senate, and the Speaker of the House of
2215	Representatives.
2216	Section 43.  Paragraph (g) of subsection (2) of section
2217	318.21, Florida Statutes, is amended to read:
2218	318.21  Disposition of civil penalties by county
2219	courts.--All civil penalties received by a county court pursuant
2220	to the provisions of this chapter shall be distributed and paid
2221	monthly as follows:
2222	(2)  Of the remainder:
2223	(g)1.  If the violation occurred within a special
2224	improvement district of the Seminole Indian Tribe or Miccosukee
2225	Indian Tribe, 56.4 percent shall be paid to that special
2226	improvement district.
2227	2.  If the violation occurred within a municipality, 50.8
2228	percent shall be paid to that municipality and 5.6 percent shall
2229	be deposited into the fine and forfeiture trust fund established
2230	pursuant to s. 142.01.
2231	3.  If the violation occurred within the unincorporated
2232	area of a county, including the unincorporated area of a county
2233	having a consolidated government under s. 6(e), Article VIII of
2234	the State Constitution, that is not within a special improvement
2235	district of the Seminole Indian Tribe or Miccosukee Indian
2236	Tribe, 56.4 percent shall be deposited into the fine and
2237	forfeiture fund established pursuant to s. 142.01.
2238	Section 44.  Section 318.31, Florida Statutes, is amended
2239	to read:
2240	318.31  Objectives.--The Supreme Court is hereby requested
2241	to adopt rules and procedures for the establishment and
2242	operation of Civil Traffic Infraction Hearing Officer Programs
2243	under ss. 318.30-318.38. However, the appointment of a hearing
2244	officer shall be at the option of the county electing to
2245	establish such a program, upon recommendation by the county
2246	court judge or judges, as the case may be, and the Chief Judge
2247	of the Circuit and approval by the Chief Justice of the Supreme
2248	Court.
2249	Section 45.  Section 318.325, Florida Statutes, is amended
2250	to read:
2251	318.325  Jurisdiction and procedure for parking
2252	infractions.--Any county or municipality may adopt an ordinance
2253	that allows the county or municipality to refer cases involving
2254	the violation of a county or municipal parking ordinance to a
2255	hearing officer funded by the county or municipality.
2256	Notwithstanding the provisions of ss. 318.14 and 775.08(3), any
2257	parking violation shall be deemed to be an infraction as defined
2258	in s. 318.13(3). However, the violation must be enforced and
2259	disposed of in accordance with the provisions of general law
2260	applicable to parking violations and with the charter or code of
2261	the county or municipality where the violation occurred. The
2262	clerk of the court or the designated traffic violations bureau
2263	must collect and distribute the fines, forfeitures, and court
2264	costs assessed under this section.
2265	Section 46.  Subsection (2) of section 322.29, Florida
2266	Statutes, is amended to read:
2267	322.29  Surrender and return of license.--
2268	(2)  The provisions of subsection (1) to the contrary
2269	notwithstanding, no examination is required for the return of a
2270	license suspended under s. 318.15 or s. 322.245 unless an
2271	examination is otherwise required by this chapter. Every person
2272	applying for the return of a license suspended under s. 318.15
2273	or s. 322.245 shall present to the department certification from
2274	the court that he or she has complied with all obligations and
2275	penalties imposed on him or her pursuant to s. 318.15 or, in the
2276	case of a suspension pursuant to s. 322.245, that he or she has
2277	complied with all directives of the court and the requirements
2278	of s. 322.245 and shall pay to the department a nonrefundable
2279	service fee of $47.50 $35, of which $38.50 $25 shall be
2280	deposited into the General Revenue Fund and $10 shall be
2281	deposited into the Highway Safety Operating Trust Fund. If
2282	reinstated by the clerk of the court or tax collector, $37.50
2283	$25 shall be retained and $10 shall be remitted to the
2284	Department of Revenue for deposit into the Highway Safety
2285	Operating Trust Fund. However, the service fee is not required
2286	if the person is required to pay a $35 fee or $60 fee under the
2287	provisions of s. 322.21.
2288	Section 47.  Subsection (1) of section 372.72, Florida
2289	Statutes, is amended to read:
2290	372.72  Disposition of fines, penalties, and forfeitures.--
2291	(1)  All moneys collected from fines, penalties, proceeds
2292	from unclaimed bonds, or forfeitures of bail of persons
2293	convicted under this chapter shall be deposited in the fine and
2294	forfeiture fund established pursuant to s. 142.01 where such
2295	convictions are had, except for the disposition of moneys as
2296	provided in subsection (2).
2297	Section 48.  Subsection (8) of section 903.26, Florida
2298	Statutes, is amended to read:
2299	903.26  Forfeiture of the bond; when and how directed;
2300	discharge; how and when made; effect of payment.--
2301	(8)  If the defendant is arrested and returned to the
2302	county of jurisdiction of the court prior to judgment, the
2303	clerk, upon affirmation by the sheriff or the chief correctional
2304	officer, shall, without further order of the court, discharge
2305	the forfeiture of the bond. However, if the surety agent fails
2306	to pay the costs and expenses incurred in returning the
2307	defendant to the county of jurisdiction, the clerk shall not
2308	discharge the forfeiture of the bond. If the surety agent and
2309	the sheriff state attorney fail to agree on the amount of said
2310	costs, then the court, after notice to the sheriff and the state
2311	attorney, shall determine the amount of the costs.
2312	Section 49.  Section 903.28, Florida Statutes, is amended
2313	to read:
2314	903.28  Remission of forfeiture; conditions.--
2315	(1)  On application within 2 years from forfeiture, the
2316	court shall order remission of the forfeiture if it determines
2317	that there was no breach of the bond.
2318	(2)  If the defendant surrenders or is apprehended within
2319	90 days after forfeiture, the court, on motion at a hearing upon
2320	notice having been given to the clerk of the circuit court
2321	county attorney and the state attorney as required in subsection
2322	(8), shall direct remission of up to, but not more than, 100
2323	percent of a forfeiture if the surety apprehended and
2324	surrendered the defendant or if the apprehension or surrender of
2325	the defendant was substantially procured or caused by the
2326	surety, or the surety has substantially attempted to procure or
2327	cause the apprehension or surrender of the defendant, and the
2328	delay has not thwarted the proper prosecution of the defendant.
2329	In addition, remission shall be granted when the surety did not
2330	substantially participate or attempt to participate in the
2331	apprehension or surrender of the defendant when the costs of
2332	returning the defendant to the jurisdiction of the court have
2333	been deducted from the remission and when the delay has not
2334	thwarted the proper prosecution of the defendant.
2335	(3)  If the defendant surrenders or is apprehended within
2336	180 days after forfeiture, the court, on motion at a hearing
2337	upon notice having been given to the clerk of the circuit court
2338	county attorney and the state attorney as required in subsection
2339	(8), shall direct remission of up to, but not more than, 95
2340	percent of a forfeiture if the surety apprehended and
2341	surrendered the defendant or if the apprehension or surrender of
2342	the defendant was substantially procured or caused by the
2343	surety, or the surety has substantially attempted to procure or
2344	cause the apprehension or surrender of the defendant, and the
2345	delay has not thwarted the proper prosecution of the defendant.
2346	In addition, remission shall be granted when the surety did not
2347	substantially participate or attempt to participate in the
2348	apprehension or surrender of the defendant when the costs of
2349	returning the defendant to the jurisdiction of the court have
2350	been deducted from the remission and when the delay has not
2351	thwarted the proper prosecution of the defendant.
2352	(4)  If the defendant surrenders or is apprehended within
2353	270 days after forfeiture, the court, on motion at a hearing
2354	upon notice having been given to the clerk of the circuit court
2355	county attorney and the state attorney as required in subsection
2356	(8), shall direct remission of up to, but not more than, 90
2357	percent of a forfeiture if the surety apprehended and
2358	surrendered the defendant or if the apprehension or surrender of
2359	the defendant was substantially procured or caused by the
2360	surety, or the surety has substantially attempted to procure or
2361	cause the apprehension or surrender of the defendant, and the
2362	delay has not thwarted the proper prosecution of the defendant.
2363	In addition, remission shall be granted when the surety did not
2364	substantially participate or attempt to participate in the
2365	apprehension or surrender of the defendant when the costs of
2366	returning the defendant to the jurisdiction of the court have
2367	been deducted from the remission and when the delay has not
2368	thwarted the proper prosecution of the defendant.
2369	(5)  If the defendant surrenders or is apprehended within 1
2370	year after forfeiture, the court, on motion at a hearing upon
2371	notice having been given to the clerk of the circuit court
2372	county attorney and the state attorney as required in subsection
2373	(8), shall direct remission of up to, but not more than, 85
2374	percent of a forfeiture if the surety apprehended and
2375	surrendered the defendant or if the apprehension or surrender of
2376	the defendant was substantially procured or caused by the
2377	surety, or the surety has substantially attempted to procure or
2378	cause the apprehension or surrender of the defendant, and the
2379	delay has not thwarted the proper prosecution of the defendant.
2380	In addition, remission shall be granted when the surety did not
2381	substantially participate or attempt to participate in the
2382	apprehension or surrender of the defendant when the costs of
2383	returning the defendant to the jurisdiction of the court have
2384	been deducted from the remission and when the delay has not
2385	thwarted the proper prosecution of the defendant.
2386	(6)  If the defendant surrenders or is apprehended within 2
2387	years after forfeiture, the court, on motion at a hearing upon
2388	notice having been given to the clerk of the circuit court
2389	county attorney and the state attorney as required in subsection
2390	(8), shall direct remission of up to, but not more than, 50
2391	percent of a forfeiture if the surety apprehended and
2392	surrendered the defendant or if the apprehension or surrender of
2393	the defendant was substantially procured or caused by the
2394	surety, or the surety has substantially attempted to procure or
2395	cause the apprehension or surrender of the defendant, and the
2396	delay has not thwarted the proper prosecution of the defendant.
2397	In addition, remission shall be granted when the surety did not
2398	substantially participate or attempt to participate in the
2399	apprehension or surrender of the defendant when the costs of
2400	returning the defendant to the jurisdiction of the court have
2401	been deducted from the remission and when the delay has not
2402	thwarted the proper prosecution of the defendant.
2403	(7)  The remission of a forfeiture may not be ordered for
2404	any reason other than as specified herein.
2405	(8)  An application for remission must be accompanied by
2406	affidavits setting forth the facts on which it is founded;
2407	however, the surety must establish by further documentation or
2408	other evidence any claimed attempt at procuring or causing the
2409	apprehension or surrender of the defendant before the court may
2410	order remission based upon an attempt to procure or cause such
2411	apprehension or surrender. The clerk of the circuit court and
2412	the state attorney must be given 20 days' notice before a
2413	hearing on an application and be furnished copies of all papers,
2414	applications, and affidavits. Remission shall be granted on the
2415	condition of payment of costs, unless the ground for remission
2416	is that there was no breach of the bond.
2417	(9)  The clerk of the circuit is the real party in interest
2418	for all appeals arising from an action for the remission of a
2419	forfeiture under this section.
2420	Section 50.  Section 916.115, Florida Statutes, is amended
2421	to read:
2422	916.115  Appointment of experts.--
2423	(1)(a)  Annually, the department shall provide the courts
2424	with a list of mental health professionals who have completed
2425	approved training as experts.
2426	(b)  The court may appoint no more than three nor fewer
2427	than two experts to determine issues of the mental condition of
2428	a defendant in a criminal case, including the issues of
2429	competency to proceed, insanity, and involuntary hospitalization
2430	or placement. An expert The panel of experts may evaluate the
2431	defendant in jail or in another appropriate local facility.
2432	(c)  To the extent possible, an the appointed expert
2433	experts shall have completed forensic evaluator training
2434	approved by the department and be either a psychiatrist,
2435	licensed psychologist, or physician.
2436	(2)  Expert witnesses appointed by the court to evaluate
2437	the mental condition of a defendant in a criminal case shall be
2438	allowed reasonable fees for services rendered as evaluators of
2439	competence or sanity and as witnesses, which shall be paid by
2440	the county in which the indictment was found or the information
2441	or affidavit was filed.
2442	(a)1.  The court shall pay for any expert that it appoints
2443	by court order, upon motion of counsel for the defendant or the
2444	state or upon its own motion, using funds specifically
2445	appropriated on behalf of the state courts for due process
2446	costs. If the defense or the state retains an expert and waives
2447	the confidentiality of the expert's report, the court may pay
2448	for no more than two additional experts appointed by court
2449	order. If an expert appointed by the court upon motion of
2450	counsel for the defendant specifically to evaluate the
2451	competence of the defendant to proceed also addresses in his or
2452	her evaluation issues related to sanity as an affirmative
2453	defense, the court shall pay only for that portion of the
2454	experts' fees relating to the evaluation on competency to
2455	proceed and the balance of the fees shall be chargeable to the
2456	defense.
2457	2.  Pursuant to s. 29.006, the office of the public
2458	defender shall pay for any expert retained by the office.
2459	3.  Pursuant to s. 29.005, the office of the state attorney
2460	shall pay for any expert retained by the office. Notwithstanding
2461	subparagraph 1., the office of the state attorney shall pay for
2462	any expert whom the office retains and whom the office moves the
2463	court to appoint in order to ensure that the expert has access
2464	to the defendant.
2465	4.  An expert retained by the defendant who is represented
2466	by private counsel appointed under s. 27.5303 shall be paid by
2467	the Justice Administrative Commission from funds specifically
2468	appropriated for such expenses.
2469	5.  An expert retained by a defendant who is indigent for
2470	costs as determined by the court and who is represented by
2471	private counsel, other than private counsel appointed under s.
2472	27.5303, on a fee or pro bono basis, or who is representing
2473	himself or herself, shall be paid by the Justice Administrative
2474	Commission from funds specifically appropriated for these
2475	expenses.
2476	(b)  State employees shall be paid expenses pursuant to s.
2477	112.061.
2478	(c)  The fees shall be taxed as costs in the case.
2479	(d)  In order for an expert the experts to be paid for the
2480	services rendered, the expert's report reports and testimony
2481	must explicitly address each of the factors and follow the
2482	procedures set out in this chapter and in the Florida Rules of
2483	Criminal Procedure.
2484	Section 51.  Subsections (2), (3), and (4) of section
2485	916.12, Florida Statutes, are amended to read:
2486	916.12  Mental competence to proceed.--
2487	(2)  An expert The experts shall first determine whether
2488	the person is mentally ill and, if so, consider the factors
2489	related to the issue of whether the defendant meets the criteria
2490	for competence to proceed; that is, whether the defendant has
2491	sufficient present ability to consult with counsel with a
2492	reasonable degree of rational understanding and whether the
2493	defendant has a rational, as well as factual, understanding of
2494	the pending proceedings. A defendant must be evaluated by no
2495	fewer than two experts before the court commits the defendant or
2496	takes other action authorized by this chapter or the Florida
2497	Rules of Criminal Procedure, except if one expert finds that the
2498	defendant is incompetent to proceed and the parties stipulate to
2499	that finding, the court may commit the defendant or take other
2500	action authorized by this chapter or the rules without further
2501	evaluation or hearing, or the court may appoint no more than two
2502	additional experts to evaluate the defendant. Notwithstanding
2503	any stipulation by the state and the defendant, the court may
2504	require a hearing with testimony from the expert or experts
2505	before ordering the commitment of a defendant.
2506	(3)  In considering the issue of competence to proceed, an
2507	the examining expert experts shall first consider and
2508	specifically include in his or her their report the defendant's
2509	capacity to:
2510	(a)  Appreciate the charges or allegations against the
2511	defendant;
2512	(b)  Appreciate the range and nature of possible penalties,
2513	if applicable, that may be imposed in the proceedings against
2514	the defendant;
2515	(c)  Understand the adversarial nature of the legal
2516	process;
2517	(d)  Disclose to counsel facts pertinent to the proceedings
2518	at issue;
2519	(e)  Manifest appropriate courtroom behavior; and
2520	(f)  Testify relevantly;
2521
2522	and include in his or her their report any other factor deemed
2523	relevant by the expert experts.
2524	(4)  If an expert finds the experts should find that the
2525	defendant is incompetent to proceed, the expert experts shall
2526	report on any recommended treatment for the defendant to attain
2527	competence to proceed. In considering the issues relating to
2528	treatment, the examining expert experts shall specifically
2529	report on:
2530	(a)  The mental illness causing the incompetence;
2531	(b)  The treatment or treatments appropriate for the mental
2532	illness of the defendant and an explanation of each of the
2533	possible treatment alternatives in order of choices;
2534	(c)  The availability of acceptable treatment and, if
2535	treatment is available in the community, the expert shall so
2536	state in the report; and
2537	(d)  The likelihood of the defendant's attaining competence
2538	under the treatment recommended, an assessment of the probable
2539	duration of the treatment required to restore competence, and
2540	the probability that the defendant will attain competence to
2541	proceed in the foreseeable future.
2542	Section 52.  Subsection (7) of section 916.301, Florida
2543	Statutes, is amended to read:
2544	916.301  Appointment of experts.--
2545	(7)  Expert witnesses appointed by the court to evaluate
2546	the mental condition of a defendant in a criminal case shall be
2547	allowed reasonable fees for services rendered as evaluators and
2548	as witnesses, which shall be paid by the court county in which
2549	the indictment was found or the information or affidavit was
2550	filed. State employees shall be paid expenses pursuant to s.
2551	112.061. The fees shall be taxed as costs in the case. In order
2552	for the experts to be paid for the services rendered, the
2553	reports and testimony must explicitly address each of the
2554	factors and follow the procedures set out in this chapter and in
2555	the Florida Rules of Criminal Procedure.
2556	Section 53.  Paragraph (b) of subsection (2) of section
2557	938.29, Florida Statutes, is amended to read:
2558	938.29  Legal assistance; lien for payment of attorney's
2559	fees or costs.--
2560	(2)
2561	(b)  A judgment showing the name and residence of the
2562	defendant-recipient or parent shall be recorded in the public
2563	record, without cost, by filed for record in the office of the
2564	clerk of the circuit court in the county where the defendant-
2565	recipient or parent resides and in each county in which such
2566	defendant-recipient or parent then owns or later acquires any
2567	property. Such judgments shall be enforced on behalf of the
2568	state by the clerk of the circuit court of the county in which
2569	assistance was rendered.
2570	Section 54.  Section 939.06, Florida Statutes, is amended
2571	to read:
2572	939.06  Acquitted defendant not liable for costs.--
2573	(1)  A No defendant in a criminal prosecution who is
2574	acquitted or discharged is not shall be liable for any costs or
2575	fees of the court or any ministerial office, or for any charge
2576	of subsistence while detained in custody. If the defendant has
2577	shall have paid any taxable costs, or fees required under s.
2578	27.52(1)(b), in the case, the clerk or judge shall give him or
2579	her a certificate of the payment of such costs, with the items
2580	thereof, which, when audited and approved according to law,
2581	shall be refunded to the defendant.
2582	(2)  To receive a refund under this section, a defendant
2583	must submit a request for the refund to the Justice
2584	Administrative Commission on a form and in a manner prescribed
2585	by the commission. The defendant must attach to the form an
2586	order from the court demonstrating the defendant's right to the
2587	refund and the amount of the refund.
2588	Section 55.  Subsection (2) of section 985.05, Florida
2589	Statutes, is amended to read:
2590	985.05  Court records.--
2591	(2)  The clerk shall keep all official records required by
2592	this section separate from other records of the circuit court,
2593	except those records pertaining to motor vehicle violations,
2594	which shall be forwarded to the Department of Highway Safety and
2595	Motor Vehicles. Except as provided in ss. 943.053 and 985.04(4),
2596	official records required by this part are not open to
2597	inspection by the public, but may be inspected only upon order
2598	of the court by persons deemed by the court to have a proper
2599	interest therein, except that a child and the parents,
2600	guardians, or legal custodians of the child and their attorneys,
2601	law enforcement agencies, the Department of Juvenile Justice and
2602	its designees, the Parole Commission, and the Department of
2603	Corrections, and the Justice Administrative Commission shall
2604	always have the right to inspect and copy any official record
2605	pertaining to the child. The court may permit authorized
2606	representatives of recognized organizations compiling statistics
2607	for proper purposes to inspect, and make abstracts from,
2608	official records under whatever conditions upon the use and
2609	disposition of such records the court may deem proper and may
2610	punish by contempt proceedings any violation of those
2611	conditions.
2612	Section 56.  Compensation to traffic court witnesses.--Any
2613	party who secures the attendance of a witness in traffic court
2614	shall bear all costs of calling the witness, including witness
2615	fees. If the witness is required to testify on behalf of the
2616	prosecution, the office of the state attorney of the respective
2617	judicial circuit shall pay the fees and costs of calling the
2618	witness.
2619	Section 57.  Recovery of expenditures for state-funded
2620	services.--The trial court administrator of each circuit may
2621	recover expenditures for state-funded services when those
2622	services have been furnished to a user of the state court system
2623	who possesses the present ability to pay. The rate of
2624	compensation for such services shall be the actual cost of the
2625	services, including the cost of recovery. The trial court
2626	administrator shall deposit moneys recovered under this section
2627	in the Grants and Donations Trust Fund within the state court
2628	system. The trial court administrator may recover the costs of
2629	court-reporter services and transcription; court-interpreter
2630	services, including translation; and any other service for which
2631	state funds were used to provide a product or service within the
2632	circuit. This section does not authorize cost recovery from
2633	entities described in ss. 29.005, 29.006, and 29.007.
2634	Section 58.  The amendments to ss. 34.191(2) and
2635	318.21(2)(g)3., Florida Statutes, as made by this act are
2636	intended to reiterate the original intent of the Legislature in
2637	enacting such provisions of law.
2638	Section 59.  Sections 29.014 and 318.37, Florida Statutes,
2639	are repealed.
2640	Section 60.  This act shall take effect July 1, 2005.

CODING: Words stricken are deletions; words underlined are additions.