HB 1935

CS

CHAMBER ACTION

1	The Justice Council recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to the state judicial system; amending s.
7	27.40, F.S., relating to circuit registries for court-
8	appointed counsel; requiring that an attorney enter into a
9	contract to be included on the registry; revising
10	requirements for private court-appointed counsel;
11	requiring the Justice Administrative Commission to approve
12	uniform procedures and forms for use in billing for
13	attorney's fees, costs, and related expenses; requiring
14	that a withdrawal order be filed with the commission;
15	revising fee payment provisions; providing that withdrawal
16	from a case creates a rebuttable presumption of
17	nonentitlement to the entire flat fee; amending s. 27.42,
18	F.S.; requiring the circuit Article V indigent services
19	committee to establish the compensation rates for court-
20	appointed counsel or in cases of indigency; requiring each
21	committee to establish a schedule of allowances for due-
22	process expenses; authorizing alternate models for
23	providing criminal and civil due-process representation;
24	amending s. 27.52, F.S., relating to the determination of
25	indigent status; providing for application to the clerk of
26	court for such a determination and appointment of a public
27	defender; providing application requirements; requiring an
28	application fee; providing for transfer and deposit of
29	such fees into the Indigent Criminal Defense Trust Fund to
30	be used for certain purposes; authorizing clerks of courts
31	to retain a portion of the fees for certain purposes;
32	prescribing duties of the clerk of court and the public
33	defender relating to an application; prescribing
34	application requirements and review criteria; providing
35	for determinations by a clerk on the basis of an
36	applicant's indigency; providing criteria; providing for
37	appointment of counsel on an interim basis; providing for
38	review by the court of a clerk's determination; providing
39	criteria; authorizing the court to determine a person
40	indigent for costs and eligible for payment of due-process
41	expenses; providing criteria and requirements for such
42	determination; requiring certain parents or legal
43	guardians to furnish legal services and costs to certain
44	persons relating to delinquency proceedings or criminal
45	prosecutions; providing for imposition of a lien for
46	certain liabilities and lien enforcement; providing for a
47	reevaluation of indigent status and referral to the state
48	attorney upon evidence of financial discrepancies or
49	fraud; providing for recovery and disposition of certain
50	amounts recovered; providing criminal penalties for the
51	provision of false information; amending s. 27.5304, F.S.;
52	requiring certain private court-appointed counsel to enter
53	into a uniform contract with Justice Administrative
54	Commission and use the commission's uniform procedures and
55	form for certain billing purposes; authorizing the Justice
56	Administrative Commission to pay attorney's fees without
57	court approval under certain conditions; requiring the
58	attorney to provide the commission with advance notice of
59	a court hearing on payment of fees and costs; authorizing
60	the commission to participate in such hearings using
61	certain equipment; entitling private court-appointed
62	counsel to compensation upon final disposition; providing
63	exceptions; specifying intervals other than final
64	disposition of a case at which private court-appointed
65	counsel may request payment; clarifying a prohibition
66	against allowing an attorney who is not on the registry to
67	appear; restricting the reimbursement allowed for the
68	preparation of invoices; requiring the Justice
69	Administrative Commission to develop a schedule to provide
70	partial payment for attorney fees under certain
71	circumstances; amending s. 27.54, F.S.; requiring a county
72	or municipality to pay certain costs for due-process
73	services in local ordinance violation cases; prescribing
74	assessment of fees to recover such costs; providing for
75	determination and collection of such fees; amending s.
76	28.24, F.S.; requiring the clerk of the court to charge
77	for certain recording services and performing certain
78	duties; requiring the clerk of the court to provide
79	without charge copies to court-appointed counsel paid by
80	the state; requiring clerks of the court to participate in
81	the Comprehensive Case Information System by a certain
82	date; providing an exception to the designation of the
83	clerk of court as custodian of official records; amending
84	s. 28.2402, F.S.; prohibiting a county or municipality
85	from being required to pay more than one filing fee for a
86	single filing containing multiple allegations; prohibiting
87	a filing fee for initiating certain enforcement
88	proceedings; amending s. 28.245, F.S.; requiring the
89	clerks of the court to remit collections to the Department
90	of Revenue within a specified period; amending s. 28.246,
91	F.S.; conforming a reference to the Florida Clerks of
92	Court Operations Corporation; revising provisions
93	authorizing an individual to enter into a payment plan for
94	the payment of fees, costs, or fines; requiring the clerk
95	to enter into a payment plan with certain persons;
96	providing payment plan criteria; providing for the court
97	to review the payment plan; amending s. 28.345, F.S.;
98	exempting certain court staff and court-appointed counsel
99	from the payment of fees and charges assessed by the clerk
100	of the circuit court; amending s. 28.36, F.S.; requiring
101	the chief judge of each circuit to coordinate court-
102	related functions and determine the priorities of
103	functions of the clerk of court; revising the date for the
104	county clerk to submit a proposed budget; conforming a
105	reference to the Florida Clerks of Court Operations
106	Corporation; conforming a cross reference; conforming a
107	reference to the Chief Financial Officer; amending s.
108	28.37, F.S.; expanding the types of excess funds that
109	clerks of the court must remit to the Department of
110	Revenue over the amount needed to meet approved budgets;
111	creating s. 28.44, F.S.; providing a method by which the
112	clerk of court may discontinue or substantially modify
113	court-related functions; providing a definition; amending
114	s. 29.004, F.S.; providing for state appropriations to be
115	used for expert witnesses who are appointed by the court
116	rather than requested by any party; amending s. 29.005,
117	F.S.; deleting certain appointed mental health
118	professionals from elements of state attorneys' offices
119	provided from state revenues; amending s. 29.007, F.S.;
120	providing for state funds to be used in providing mental
121	health professionals in certain civil cases; clarifying
122	the use of state funds at the trial or appellate level to
123	pay certain costs on behalf of a litigant who is indigent;
124	amending s. 29.008, F.S.; requiring that the county where
125	the appellate district is located fund the appellate
126	division of the public defender's office; expanding the
127	definition of the term "facility" to include items
128	necessary for court-reporting services; narrowing a
129	limitation on the application of certain requirements to
130	specified facilities; including hearing rooms within those
131	facilities funded by the county as a court-related
132	function; including audio equipment within county-funded
133	communications services; amending s. 29.015, F.S.;
134	requiring the Justice Administrative Commission to adjust
135	certain allocations of funds among circuits under certain
136	circumstances; requiring notice of such adjustment;
137	requiring the commission to request a budget amendment
138	under certain circumstances to address budget deficits
139	relating to due-process services; amending s. 29.018,
140	F.S.; eliminating the authority for court-appointed
141	counsel to contract to share in court and due-process
142	services; providing that the Justice Administrative
143	Commission may contract for such cost-sharing on behalf of
144	court-appointed counsel; creating s. 29.0185, F.S.;
145	prohibiting the provision of due process services with
146	state revenues to individuals under certain circumstances;
147	amending s. 34.045, F.S.; proscribing a county or
148	municipality from being required to pay more than one
149	filing fee for a single filing containing multiple
150	allegations; prohibiting assessment of a filing fee for
151	initiating certain enforcement proceedings in county
152	court; expanding conditions under which the county or
153	municipality is the prevailing party; requiring an
154	assessment of a filing fee; amending s. 34.191, F.S.;
155	excluding certain counties having a consolidated
156	government from the term municipality; amending s.
157	39.0132, F.S.; authorizing the Justice Administrative
158	Commission to inspect certain court dockets; authorizing
159	the commission to petition the court for certain
160	additional documentation; amending s. 39.821, F.S.;
161	requiring the Guardian Ad Litem Program rather than the
162	chief judge to request the federal criminal records check
163	for purposes of certifying guardians ad litem; amending s.
164	39.822, F.S.; directing agencies, persons, and other
165	organizations to provide a guardian ad litem access to
166	certain records related to the best interests of a child;
167	providing a definition; amending s. 40.29, F.S.; revising
168	procedures for the payments made by the state to the clerk
169	of the court for the costs of witnesses; creating s.
170	40.355, F.S.; requiring the clerk of the court to report
171	on, and refund to the state attorneys and public
172	defenders, certain moneys collected for payment of jurors
173	and due-process costs; amending s. 43.16, F.S.; removing
174	the Judicial Qualifications Commission from the duties of
175	the Justice Administrative Commission and adding the
176	Guardian ad Litem Program; providing that the Justice
177	Administrative Commission is not subject to the
178	Administrative Procedure Act; amending s. 43.26, F.S.;
179	providing responsibilities of the chief judge of each
180	circuit; amending s. 44.102, F.S.; revising conditions
181	under which nonvolunteer court mediators may be
182	compensated by the county or parties; amending s. 44.108,
183	F.S.; clarifying the fees charged for scheduled mediation
184	services provided by a circuit court's mediation program;
185	requiring the clerk of the court to report to the chief
186	judge the amount of such fees collected; amending s.
187	57.081, F.S.; providing a cross-reference to conform;
188	creating s. 57.082, F.S., relating to the determination of
189	civil indigent status; providing for application to the
190	clerk of court for such a determination and appointment of
191	a private attorney in certain civil cases; providing
192	application requirements; prescribing duties of the clerk
193	of court relating to an application; prescribing
194	application requirements and review criteria; providing
195	for determinations by a clerk of the basis of an
196	applicant's indigency; providing criteria; providing for
197	appointment of counsel on an interim basis; providing for
198	review by the court of a clerk's determination; providing
199	criteria; authorizing a court to determine a person
200	indigent and eligible for appointed counsel; providing
201	criteria and requirements for such determination;
202	requiring persons determined to be indigent for civil
203	proceedings to be enrolled in a payment plan and charged
204	an administrative processing charge; providing plan
205	criteria; providing for a reevaluation of indigent status
206	and referral to the state attorney upon evidence of
207	financial discrepancies or fraud; providing for recovery
208	and disposition of certain amounts recovered; providing
209	criminal penalties for the provision of false information;
210	amending s. 92.142, F.S.; deleting a provision that
211	provides for payment of per diem and travel expenses for a
212	witness in a criminal case at the discretion of the court;
213	amending s. 92.231, F.S.; removing a reference to the
214	Article V Indigent Services Advisory Board; amending s.
215	110.205, F.S.; specifying that members, officers, and
216	employees of the Justice Administrative Commission and
217	certain related organizations are exempt positions under
218	career service provisions; amending s. 116.01, F.S.;
219	providing procedures for the clerk of the court to remit
220	funds to the Department of Revenue; amending s. 119.07,
221	F.S.; extending the time period during which certain
222	social security numbers and other data included in court
223	or official county records may be available for public
224	inspection unless redaction is requested; extending the
225	deadline by which court clerks and county recorders must
226	keep such data confidential; amending s. 142.01, F.S.;
227	clarifying those moneys to be included within the fine and
228	forfeiture fund of the clerk of the circuit court;
229	amending s. 213.13, F.S.; requiring that the court-related
230	collections remitted by the clerk to the state be
231	transmitted electronically within a specified period;
232	amending s. 219.07, F.S.; revising disbursement
233	requirements for the clerk as part of his or her court-
234	related functions; amending s. 219.075, F.S.; exempting
235	funds collected by the clerk from the requirements for the
236	investment of surplus funds of a county; amending s.
237	318.121, F.S.; specifying that certain surcharges may not
238	be added to civil traffic penalties; amending s. 318.18,
239	F.S.; authorizing a portion of certain surcharge revenues
240	to be used for local law libraries; requiring the clerk of
241	the court to quarterly report the amount of certain
242	surcharges collected to the chief judge, the Governor, and
243	the Legislature; amending s. 318.21, F.S.; providing for
244	the disposition of traffic-infraction penalties for
245	violations occurring in unincorporated areas of certain
246	counties having a consolidated government or
247	unincorporated areas of certain municipalities having a
248	consolidated government; amending s. 318.31, F.S.;
249	deleting provisions concerning the appointment of a civil
250	traffic infraction hearing officer; amending s. 318.325,
251	F.S.; deleting provisions specifying the funding of such
252	hearing officer; amending s. 322.29, F.S.; increasing the
253	fees charged for reinstating a driver's license; amending
254	s. 372.72, F.S.; requiring that the proceeds from
255	unclaimed bonds be deposited into the clerk's fine and
256	forfeiture fund; amending s. 903.26, F.S.; revising the
257	procedure for determining the amount of the costs incurred
258	in returning a defendant to the county of jurisdiction;
259	amending s. 903.28, F.S.; revising certain notice
260	requirements following the surrender or apprehension of a
261	defendant for purposes of remission of a forfeiture;
262	authorizing clerks of circuit courts to enter into
263	contracts or interagency agreements to represent the clerk
264	in certain actions; providing that the clerk is the real
265	party in interest for all appeals arising from such an
266	action; authorizing the clerk to withhold unpaid fines,
267	fees, costs, and charges under certain circumstances;
268	amending s. 916.115, F.S.; revising requirements for the
269	payment of experts; specifying which fees are to be paid
270	by the state, the office of the public defender, the
271	office of the state attorney, or the Justice
272	Administrative Commission; amending s. 916.12, F.S.;
273	revising the procedures under which the court may take
274	action following a finding that the defendant is
275	incompetent to proceed; requiring evaluation of a
276	defendant; providing criteria; authorizing a court to
277	commit a defendant or take other action under certain
278	circumstances; amending s. 916.301, F.S.; requiring the
279	court to pay for certain expert witnesses appointed by the
280	court; amending s. 938.29, F.S.; providing for a judgment
281	lien for the payment of certain attorney's fees to be
282	filed without cost; amending s. 939.06, F.S.; clarifying
283	that an acquitted defendant is not liable for certain
284	costs or fees; providing a procedure for such a defendant
285	to request a refund from the Justice Administrative
286	Commission of costs or fees paid; amending s. 985.05,
287	F.S.; authorizing the Justice Administrative Commission to
288	have access to certain court records; amending s. 985.201,
289	F.S.; revising the manner in which a court may retain
290	jurisdiction over a child and the child's parent when the
291	court has ordered restitution for certain delinquent acts;
292	requiring the party calling a witness in traffic court to
293	bear the costs; requiring the office of the state attorney
294	to pay such costs if the witness is required to testify on
295	behalf of the prosecution; authorizing the trial court
296	administrator to recover expenditures for state-funded
297	services if those services were furnished to a user
298	possessing the ability to pay; providing for deposit of
299	such funds; authorizing the trial court administrator to
300	recover certain costs under certain circumstances;
301	requiring the chief judge to determine the rate, which may
302	not exceed the cost of the service and recovery; providing
303	legislative intent; repealing s. 29.014, F.S., relating to
304	the Article V Indigent Service Advisory Board; repealing
305	s. 318.37, F.S., relating to funding for a Civil Traffic
306	Infraction Hearing Officer Program; providing effective
307	dates.
308
309	Be It Enacted by the Legislature of the State of Florida:
310
311	Section 1.  Subsections (2), (3), (5), and (7) of section
312	27.40, Florida Statutes, are amended to read:
313	27.40  Court-appointed counsel; circuit registries; minimum
314	requirements; appointment by court.--
315	(2)  No later than October 1, 2004, Private counsel
316	appointed by the court to provide representation shall be
317	selected from a registry of individual attorneys established by
318	the circuit Article V indigent services committee or procured
319	through a competitive bidding process.
320	(3)  In utilizing a registry:
321	(a)  Each circuit Article V indigent services committee
322	shall compile and maintain a list of attorneys in private
323	practice, by county and by category of cases. To be included on
324	a registry, attorneys shall certify that they meet any minimum
325	requirements established in general law for court appointment,
326	are available to represent indigent defendants in cases
327	requiring court appointment of private counsel, and are willing
328	to abide by the terms of the contract for services. To be
329	included on a registry, an attorney also must enter into a
330	contract for services with the Justice Administrative
331	Commission. Failure to comply with the terms of the contract for
332	services may result in termination of the contract and removal
333	from the registry. Each attorney on the registry shall be
334	responsible for notifying the circuit Article V indigent
335	services committee and the Justice Administrative Commission of
336	any change in his or her status. Failure to comply with this
337	requirement shall be cause for termination of the contract for
338	services and removal from the registry until the requirement is
339	fulfilled.
340	(b)  The court shall appoint attorneys in rotating order in
341	the order in which names appear on the applicable registry,
342	unless the court makes a finding of good cause on the record for
343	appointing an attorney out of order. An attorney not appointed
344	in the order in which his or her name appears on the list shall
345	remain next in order.
346	(c)  If it finds the number of attorneys on the registry in
347	a county or circuit for a particular category of cases is
348	inadequate, the circuit Article V indigent services committee
349	shall notify the chief judge of the particular circuit in
350	writing. The chief judge shall submit the names of at least
351	three private attorneys with relevant experience. The clerk of
352	court shall send an application to each of these attorneys to
353	register for appointment.
354	(d)  Quarterly, beginning no later than October 1, 2004,
355	each circuit Article V indigent services committee shall provide
356	a current copy of each registry to the Chief Justice of the
357	Supreme Court, the chief judge, the state attorney and public
358	defender in each judicial circuit, and the clerk of court in
359	each county, the Justice Administrative Commission, and the
360	Indigent Services Advisory Board with a current copy of each
361	registry.
362	(5)  The Justice Administrative Commission shall approve
363	uniform contract forms for use in procuring the services of
364	private court-appointed counsel and uniform procedures and forms
365	for use by a court-appointed attorney in support of billing for
366	attorney's fees, costs, and related expenses to demonstrate the
367	attorney's completion of specified duties.
368	(7)(a)  An attorney appointed to represent a defendant or
369	other client is entitled to payment pursuant to s. 27.5304, only
370	upon full performance by the attorney of specified duties,
371	approval of payment by the court, except for payment based on a
372	flat fee per case as provided in s. 27.5304; and attorney
373	submission of a payment request to the Justice Administrative
374	Commission. Upon being permitted to withdraw from a case, a
375	court-appointed attorney shall submit a copy of the order to the
376	Justice Administrative Commission at the time it is issued by
377	the court. If an attorney is permitted to withdraw or is
378	otherwise removed from representation prior to full performance
379	of the duties specified in this section for reasons other than
380	breach of duty, the trial court shall approve payment of
381	attorney's fees and costs for work performed in an amount not to
382	exceed the amounts specified in s. 27.5304. Withdrawal from a
383	case prior to full performance of the duties specified shall
384	create a rebuttable presumption that the attorney is not
385	entitled to the entire flat fee for those cases paid on a flat-
386	fee-per-case basis.
387	(b)  The attorney shall maintain appropriate documentation,
388	including a current and detailed hourly accounting of time spent
389	representing the defendant or other client. These records and
390	documents are subject to review by the Justice Administrative
391	Commission, subject to the attorney-client privilege and work
392	product privilege.
393	Section 2.  Section 27.42, Florida Statutes, is amended to
394	read:
395	27.42  Circuit Article V indigent services committees;
396	composition; staff; responsibilities; funding.--
397	(1)  In each judicial circuit a circuit Article V indigent
398	services committee shall be established. The committee shall
399	consist of the following:
400	(a)  The chief judge of the judicial circuit or the chief
401	judge's designee, who shall serve as the chair.
402	(b)  The public defender of the judicial circuit, or
403	designee from within the office of the public defender.
404	(c)  One experienced private criminal defense attorney
405	appointed by the chief judge to serve a 2-year term. During the
406	2-year term, the attorney is prohibited from serving as court-
407	appointed counsel.
408	(d)  One experienced civil trial attorney appointed by the
409	chief judge, to serve a 2-year term. During the 2-year term, the
410	attorney is prohibited from serving as court-appointed counsel.
411	(2)(a)  The responsibility of the circuit Article V
412	indigent services committee is to manage the appointment and
413	compensation of court-appointed counsel within a circuit
414	pursuant to ss. 27.40 and 27.5303. The committee shall also set
415	the compensation rates of due-process service providers in cases
416	where the court has appointed counsel or declared a person
417	indigent for costs, not to exceed any rates specified in the
418	General Appropriations Act such that the total amount expended
419	does not exceed the amount budgeted in the General
420	Appropriations Act for the particular due-process service. The
421	circuit Article V indigent services committee shall meet at
422	least quarterly.
423	(b)  No later than October 1, 2004, Each circuit Article V
424	indigent services committee shall maintain a registry pursuant
425	to s. 27.40, even when procuring counsel through a competitive
426	bidding process. However, if counsel is procured through a
427	competitive bidding process, the registry shall be used only
428	when counsel obtained through that process is unable to provide
429	representation due to a conflict of interest or reasons beyond
430	their control. The committee shall apply any eligibility and
431	performance standards set by the Legislature.
432	(c)  Each circuit Article V indigent services committee
433	shall develop a schedule of standard fees and expense allowances
434	for the categories of cases specified in s. 27.5304 27.5303,
435	consistent with the overall compensation rates in that section
436	and within the amount of appropriated funds allocated by the
437	Justice Administrative Commission to the circuit for this
438	purpose.
439	(d)  Each circuit Article V indigent services committee
440	shall establish a schedule of standard allowances for due-
441	process expenses for cases in which the court has declared a
442	person indigent for costs, within the amount of appropriated
443	funds allocated by the Justice Administrative Commission to the
444	circuit for this purpose.
445	(3)  Notwithstanding any other provision of this section, a
446	circuit Article V indigent services committee may approve, and
447	the Justice Administrative Commission shall investigate and
448	evaluate the use of funds for, alternate models for the
449	provision of criminal and civil due-process services and
450	representation other than a model based on a per-case fee if a
451	more cost-effective and efficient system can be provided. An
452	alternate model may include court-reporting services and the
453	provision of court-appointed counsel.
454	(4)(3)  The Justice Administrative Commission shall prepare
455	and issue on a quarterly basis a statewide report comparing
456	actual year-to-date expenditures to budgeted amounts for the
457	circuit Article V indigent services committees in each of the
458	judicial circuits. Copies of these quarterly reports shall be
459	distributed to each circuit Article V indigent services
460	committee and to the Governor, the Chief Justice of the Supreme
461	Court, the President of the Senate, and the Speaker of the House
462	of Representatives.
463	(5)(4)(a)  The funding and positions for the processing of
464	committees' fees and expenses shall be as appropriated to the
465	Justice Administrative Commission in the General Appropriations
466	Act.
467	(b)  Funds for criminal conflict attorney's fees and
468	expenses shall be appropriated by the Legislature in a separate
469	appropriations category within the Justice Administrative
470	Commission. These funds shall be allocated to each circuit as
471	prescribed in the General Appropriations Act.
472	(c)  Funds for attorney's fees and expenses for child
473	dependency and civil conflict cases shall be appropriated by the
474	Legislature in a separate appropriations category within the
475	Justice Administrative Commission.
476	(d)  Any funds the Legislature appropriates for other
477	court-appointed counsel cases shall be as appropriated within
478	the Justice Administrative Commission.
479
480	The Justice Administrative Commission shall separately track
481	expenditures on private court-appointed counsel for the
482	following categories of cases: criminal conflict, civil
483	conflict, dependency and termination of parental rights, and
484	guardianship.
485	Section 3.  Section 27.52, Florida Statutes, is amended to
486	read:
487	(Substantial rewording of section. See
488	s. 27.52, F.S., for present text.)
489	27.52  Determination of indigent status.--
490	(1)  APPLICATION TO THE CLERK.--A person seeking
491	appointment of a public defender under s. 27.51 based upon an
492	inability to pay must apply to the clerk of the court for a
493	determination of indigent status using an application form
494	developed by the Florida Clerks of Court Operations Corporation
495	with final approval by the Supreme Court.
496	(a)  The application must include, at a minimum, the
497	following financial information:
498	1.  Net income, consisting of total salary and wages, minus
499	deductions required by law, including court-ordered support
500	payments.
501	2.  Other income, including, but not limited to, social
502	security benefits, union funds, veterans' benefits, workers'
503	compensation, other regular support from absent family members,
504	public or private employee pensions, unemployment compensation,
505	dividends, interest, rent, trusts, and gifts.
506	3.  Assets, including, but not limited to, cash, savings
507	accounts, bank accounts, stocks, bonds, certificates of deposit,
508	equity in real estate, and equity in a boat or a motor vehicle
509	or in other tangible property.
510	4.  All liabilities and debts.
511	5.  If applicable, the amount of any bail paid for the
512	applicant's release from incarceration and the source of the
513	funds.
514
515	The application must include a signature by the applicant which
516	attests to the truthfulness of the information provided. The
517	application form developed by the corporation must include
518	notice that the applicant may seek court review of a clerk's
519	determination that the applicant is not indigent, as provided in
520	this section.
521	(b)  An applicant shall pay a $40 application fee to the
522	clerk for each application for court-appointed counsel filed.
523	The applicant shall pay the fee within 7 days after submitting
524	the application. If the applicant does not pay the fee prior to
525	the disposition of the case, the clerk shall notify the court,
526	and the court shall:
527	1.  Assess the application fee as part of the sentence or
528	as a condition of probation; or
529	2.  Assess the application fee pursuant to s. 938.29.
530	(c)  Notwithstanding any provision of law, court rule, or
531	administrative order, the clerk shall assign the first $40 of
532	any fees or costs paid by an indigent person as payment of the
533	application fee. A person found to be indigent may not be
534	refused counsel or other required due-process services for
535	failure to pay the fee.
536	(d)  All application fees collected by the clerk under this
537	section shall be transferred monthly by the clerk to the
538	Department of Revenue for deposit in the Indigent Criminal
539	Defense Trust Fund administered by the Justice Administrative
540	Commission, to be used to as appropriated by the Legislature.
541	The clerk may retain 2 percent of application fees collected
542	monthly for administrative costs prior to remitting the
543	remainder to the Department of Revenue.
544	(e)1.  The clerk shall assist a person who appears before
545	the clerk and requests assistance in completing the application,
546	and the clerk shall notify the court if a person is unable to
547	complete the application after the clerk has provided
548	assistance.
549	2.  If the person seeking appointment of a public defender
550	is incarcerated, the public defender is responsible for
551	providing the application to the person and assisting him or her
552	in its completion and is responsible for submitting the
553	application to the clerk on the person's behalf. The public
554	defender may enter into an agreement for jail employees,
555	pretrial services employees, or employees of other criminal
556	justice agencies to assist the public defender in performing
557	functions assigned to the public defender under this
558	subparagraph.
559	(2)  DETERMINATION BY THE CLERK.--The clerk of the court
560	shall determine whether an applicant seeking appointment of a
561	public defender is indigent based upon the information provided
562	in the application and the criteria prescribed in this
563	subsection.
564	(a)1.  An applicant, including an applicant who is a minor
565	or an adult tax-dependent person, is indigent if the applicant's
566	income is equal to or below 200 percent of the then-current
567	federal poverty guidelines prescribed for the size of the
568	household of the applicant by the United States Department of
569	Health and Human Services or if the person is receiving
570	Temporary Assistance for Needy Families-Cash Assistance,
571	poverty-related veterans' benefits, or Supplemental Security
572	Income (SSI).
573	2.  There is a presumption that the applicant is not
574	indigent if the applicant owns, or has equity in, any intangible
575	or tangible personal property or real property or the expectancy
576	of an interest in any such property having a net equity value of
577	$2,500 or more, excluding the value of the person's homestead
578	and one vehicle having a net value not exceeding $5,000.
579	(b)  Based upon its review, the clerk shall make one of the
580	following determinations:
581	1.  The applicant is not indigent.
582	2.  The applicant is indigent.
583	(c)1.  If the clerk determines that the applicant is
584	indigent, the clerk shall submit the determination to the office
585	of the public defender and immediately file the determination in
586	the case file.
587	2.  If the public defender is unable to provide
588	representation due to a conflict pursuant to s. 27.5303, the
589	public defender shall move the court for withdrawal from
590	representation and appointment of private counsel.
591	(d)  The duty of the clerk in determining whether an
592	applicant is indigent shall be limited to receiving the
593	application and comparing the information provided in the
594	application to the criteria prescribed in this subsection. The
595	determination of indigent status is a ministerial act of the
596	clerk and not a decision based on further investigation or the
597	exercise of independent judgment by the clerk. The clerk may
598	contract with third parties to perform functions assigned to the
599	clerk under this section.
600	(e)  The applicant may seek review of the clerk's
601	determination that the applicant is not indigent in the court
602	having jurisdiction over the matter at the next scheduled
603	hearing. If the applicant seeks review of the clerk's
604	determination of indigent status, the court shall make a final
605	determination as provided in subsection (4).
606	(3)  APPOINTMENT OF COUNSEL ON INTERIM BASIS.--If the clerk
607	of the court has not made a determination of indigent status at
608	the time a person requests appointment of a public defender, the
609	court shall make a preliminary determination of indigent status,
610	pending further review by the clerk, and may, by court order,
611	appoint a public defender or private counsel on an interim
612	basis.
613	(4)  REVIEW OF CLERK'S DETERMINATION.--
614	(a)  If the clerk of the court determines that the
615	applicant is not indigent, and the applicant seeks review of the
616	clerk's determination, the court shall make a final
617	determination of indigent status by reviewing the information
618	provided in the application against the criteria prescribed in
619	subsection (2) and by considering the following additional
620	factors:
621	1.  Whether the applicant has been released on bail in an
622	amount of $5,000 or more.
623	2.  Whether a bond has been posted, the type of bond, and
624	who paid the bond.
625	3.  Whether paying for private counsel in an amount that
626	exceeds the limitations in s. 27.5304, or other due-process
627	services creates a substantial hardship for the applicant or the
628	applicant's family.
629	4.  Any other relevant financial circumstances of the
630	applicant or the applicant's family.
631	(b)  Based upon its review, the court shall make one of the
632	following determinations and, if the applicant is indigent,
633	shall appoint a public defender or private counsel:
634	1.  The applicant is not indigent.
635	2.  The applicant is indigent.
636	(5)  INDIGENT FOR COSTS.--A person who is eligible to be
637	represented by a public defender under s. 27.51 but who is
638	represented by private counsel not appointed by the court for a
639	reasonable fee as approved by the court, on a pro bono basis, or
640	who is proceeding pro se, may move the court for a determination
641	that he or she is indigent for costs and eligible for the
642	provision of due-process services, as prescribed by ss. 29.006
643	and 29.007, funded by the state.
644	(a)  The person must submit to the court:
645	1.  The completed application prescribed in subsection (1).
646	2.  In the case of a person represented by counsel, an
647	affidavit attesting to the estimated amount of attorney's fees
648	and the source of payment for these fees.
649	(b)  In reviewing the motion, the court shall consider:
650	1.  Whether the applicant applied for a determination of
651	indigent status under subsection (1) and the outcome of such
652	application.
653	2.  The extent to which the person's income equals or
654	exceeds the income criteria prescribed in subsection (2).
655	3.  The additional factors prescribed in subsection (4).
656	4.  Whether the applicant is proceeding pro se.
657	5.  When the applicant retained private counsel.
658	6.  The amount of any attorney's fees and who is paying the
659	fees.
660	(c)  Based upon its review, the court shall make one of the
661	following determinations:
662	1.  The applicant is not indigent for costs.
663	2.  The applicant is indigent for costs.
664	(d)  The provision of due-process services based upon a
665	determination that a person is indigent for costs under this
666	subsection must be effectuated pursuant to a court order, a copy
667	of which the clerk shall provide to counsel representing the
668	person, or to the person directly if he or she is proceeding pro
669	se, for use in requesting payment of due-process expenses
670	through the Justice Administrative Commission. Counsel
671	representing a person declared indigent for costs shall execute
672	the Justice Administrative Commission's contract for counsel
673	representing persons determined to be indigent for costs.
674	(6)  DUTIES OF PARENT OR LEGAL GUARDIAN.--A nonindigent
675	parent or legal guardian of an applicant who is a minor or an
676	adult tax-dependent person shall furnish the minor or adult tax-
677	dependent person with the necessary legal services and costs
678	incident to a delinquency proceeding or, upon transfer of such
679	person for criminal prosecution as an adult pursuant to chapter
680	985, a criminal prosecution in which the person has a right to
681	legal counsel under the Constitution of the United States or the
682	Constitution of the State of Florida. The failure of a parent or
683	legal guardian to furnish legal services and costs under this
684	section does not bar the appointment of legal counsel pursuant
685	to this section, s. 27.40, or s. 27.5303. When the public
686	defender, a private court-appointed conflict counsel, or a
687	private attorney is appointed to represent a minor or an adult
688	tax-dependent person in any proceeding in circuit court or in a
689	criminal proceeding in any other court, the parents or the legal
690	guardian shall be liable for payment of the fees, charges, and
691	costs of the representation even if the person is a minor being
692	tried as an adult. Liability for the fees, charges, and costs of
693	the representation shall be imposed in the form of a lien
694	against the property of the nonindigent parents or legal
695	guardian of the minor or adult tax-dependent person. The lien is
696	enforceable as provided in s. 27.561 or s. 938.29.
697	(7)  FINANCIAL DISCREPANCIES; FRAUD; FALSE INFORMATION.--
698	(a)  If the court learns of discrepancies between the
699	application or motion and the actual financial status of the
700	person found to be indigent or indigent for costs, the court
701	shall determine whether the public defender or private attorney
702	shall continue representation or whether the authorization for
703	any other due-process services previously authorized shall be
704	revoked. The person may be heard regarding the information
705	learned by the court. If the court, based on the information,
706	determines that the person is not indigent or indigent for
707	costs, the court shall order the public defender or private
708	attorney to discontinue representation and revoke the provision
709	of any other authorized due-process services.
710	(b)  If the court has reason to believe that any applicant,
711	through fraud or misrepresentation, was improperly determined to
712	be indigent or indigent for costs, the matter shall be referred
713	to the state attorney. Twenty-five percent of any amount
714	recovered by the state attorney as reasonable value of the
715	services rendered, including fees, charges, and costs paid by
716	the state on the person's behalf, shall be remitted to the
717	Department of Revenue for deposit into the Grants and Donations
718	Trust Fund within the Justice Administrative Commission.
719	Seventy-five percent of any amount recovered shall be remitted
720	to the Department of Revenue for deposit into the General
721	Revenue Fund.
722	(c)  A person who knowingly provides false information to
723	the clerk or the court in seeking a determination of indigent
724	status under this section commits a misdemeanor of the first
725	degree, punishable as provided in s. 775.082 or s. 775.083.
726	Section 4.  Subsections (1), (2), and (6) of section
727	27.5304, Florida Statutes, are amended, and subsections (7),
728	(8), (9), and (10) are added to said section, to read:
729	27.5304  Private court-appointed counsel; compensation.--
730	(1)  Private court-appointed counsel shall be compensated
731	by the Justice Administrative Commission in an amount not to
732	exceed the fee limits established in this section. The attorney
733	also shall be reimbursed for reasonable and necessary expenses
734	in accordance with s. 29.007. If the attorney is representing a
735	defendant charged with more than one offense in the same case,
736	the attorney shall be compensated at the rate provided for the
737	most serious offense for which he or she represented the
738	defendant. This section does not allow stacking of the fee
739	limits established by this section. Private court-appointed
740	counsel providing representation under an alternative model
741	shall enter into a uniform contract with the Justice
742	Administrative Commission and shall use the Justice
743	Administrative Commission's uniform procedures and forms in
744	support of billing for attorney's fees, costs, and related
745	expenses. Failure to comply with the terms of the contract for
746	services may result in termination of the contract.
747	(2)  The Justice Administrative Commission shall review an
748	intended billing by private court-appointed counsel for
749	attorney's fees based on a flat fee per case for completeness
750	and compliance with contractual, statutory, and circuit Article
751	V indigent services committee requirements. The commission may
752	approve the intended bill for a flat fee per case for payment
753	without approval by the court if the intended billing is
754	correct. For all other intended billings, prior to filing a
755	motion for an order approving payment of attorney's fees, costs,
756	or related expenses, the private court-appointed counsel shall
757	deliver a copy of the intended billing, together with supporting
758	affidavits and all other necessary documentation, to the Justice
759	Administrative Commission. The Justice Administrative Commission
760	shall review the billings, affidavit, and documentation for
761	completeness and compliance with contractual and statutory
762	requirements. If the Justice Administrative Commission objects
763	to any portion of the proposed billing, the objection and
764	reasons therefor shall be communicated to the private court-
765	appointed counsel. The private court-appointed counsel may
766	thereafter file his or her motion for order approving payment of
767	attorney's fees, costs, or related expenses together with
768	supporting affidavits and all other necessary documentation. The
769	motion must specify whether the Justice Administrative
770	Commission objects to any portion of the billing or the
771	sufficiency of documentation and shall attach the Justice
772	Administrative Commission's letter stating its objection. The
773	attorney shall have the burden to prove the entitlement to
774	attorney's fees, costs, or related expenses, if so, the reasons
775	therefor. A copy of the motion and attachments shall be served
776	on the Justice Administrative Commission at least 5 business
777	days prior to the date of a hearing. The Justice Administrative
778	Commission shall have standing to appear before the court to
779	contest any motion for order approving payment of attorney's
780	fees, costs, or related expenses and may participate in a
781	hearing on the motion by use of telephonic or other
782	communication equipment unless ordered otherwise. The Justice
783	Administrative Commission may contract with other public or
784	private entities or individuals to appear before the court for
785	the purpose of contesting any motion for order approving payment
786	of attorney's fees, costs, or related expenses. The fact that
787	the Justice Administrative Commission has not objected to any
788	portion of the billing or to the sufficiency of the
789	documentation is not binding on the court. The court retains
790	primary authority and responsibility for determining the
791	reasonableness of all billings for attorney's fees, costs, and
792	related expenses, subject to statutory limitations. Private
793	court-appointed counsel is entitled to compensation upon final
794	disposition of a case, except as provided in subsections (7),
795	(8), and (10). Before final disposition of a case, a private
796	court-appointed counsel may file a motion for fees, costs, and
797	related expenses for services completed up to the date of the
798	motion in any case or matter in which legal services have been
799	provided by the attorney for more than 1 year. The amount
800	approved by the court may not exceed 80 percent of the fees
801	earned, or costs and related expenses incurred, to date, or an
802	amount proportionate to the maximum fees permitted under this
803	section based on legal services provided to date, whichever is
804	less. The court may grant the motion if counsel shows that
805	failure to grant the motion would work a particular hardship
806	upon counsel.
807	(6)  A private attorney appointed in lieu of the public
808	defender to represent an indigent defendant may not reassign or
809	subcontract the case to another attorney or allow another
810	attorney to appear at a critical stage of a case who is not on
811	the registry developed under pursuant to s. 27.40.
812	(7)  Private court-appointed counsel representing a parent
813	in a dependency case that is open may submit a request for
814	payment to the Justice Administrative Commission at the
815	following intervals:
816	(a)  Upon entry of an order of disposition as to the parent
817	being represented.
818	(b)  Upon conclusion of a 12-month permanency review.
819	(c)  Following a judicial review hearing.
820
821	In no case, however, may counsel submit requests under this
822	paragraph more than once per quarter, unless the court finds
823	extraordinary circumstances justifying more frequent submission
824	of payment requests.
825	(8)  Private court-appointed counsel representing an
826	individual in an appeal to a district court of appeal or the
827	Supreme Court may submit a request for payment to the Justice
828	Administrative Commission at the following intervals:
829	(a)  Upon the filing of an appellate brief, including, but
830	not limited to, a reply brief.
831	(b)  When the opinion of the appellate court is finalized.
832	(9)  Private court-appointed counsel may not bill for
833	preparation of invoices whether or not the case is paid on the
834	basis of an hourly rate or by flat fee.
835	(10)  The Justice Administrative Commission shall develop a
836	schedule to provide partial payment of attorney fees for cases
837	that are not resolved within 6 months. The schedule must provide
838	that the aggregate payments shall not exceed limits established
839	by law. Any partial payment made pursuant to this subsection
840	shall not exceed the actual value of services provided to date.
841	Any partial payment shall be proportionate to the value of
842	services provided based on payment rates included in the
843	contract, not to exceed any limit provided by law.
844	Section 5.  Subsection (2) of section 27.54, Florida
845	Statutes, is amended to read:
846	27.54  Limitation on payment of expenditures for public
847	defender's office other than by the state.--
848	(2)  A county or municipality may contract with, or
849	appropriate or contribute funds to, the operation of the offices
850	of the various public defenders as provided in this subsection.
851	A public defender defending violations of special laws or county
852	or municipal ordinances punishable by incarceration and not
853	ancillary to a state charge shall contract with counties and
854	municipalities to recover the full cost of services rendered on
855	an hourly basis or reimburse the state for the full cost of
856	assigning one or more full-time equivalent attorney positions to
857	work on behalf of the county or municipality. Notwithstanding
858	any other provision of law, in the case of a county with a
859	population of less than 75,000, the public defender shall
860	contract for full reimbursement, or for reimbursement as the
861	parties otherwise agree. In local ordinance violation cases, the
862	county or municipality shall pay for due-process services that
863	are approved by the court, including deposition costs,
864	deposition transcript costs, investigative costs, witness fees,
865	expert witness costs, and interpreter costs. The person charged
866	with the violation shall be assessed a fee for the services of a
867	public defender and other costs and fees paid by the county or
868	municipality, which assessed fee may be reduced to a lien, in
869	all instances in which the person enters a plea of guilty or no
870	contest or is found to be in violation or guilty of any count or
871	lesser included offense of the charge or companion case charges,
872	regardless of adjudication. The court shall determine the amount
873	of the obligation. The county or municipality may recover
874	assessed fees through collections court or as otherwise
875	permitted by law and any fees recovered pursuant to this section
876	shall be forwarded to the applicable county or municipality as
877	reimbursement.
878	(a)  A contract for reimbursement on an hourly basis shall
879	require a county or municipality to reimburse the public
880	defender for services rendered at a rate of $50 per hour. If an
881	hourly rate is specified in the General Appropriations Act, that
882	rate shall control.
883	(b)  A contract for assigning one or more full-time
884	equivalent attorney positions to perform work on behalf of the
885	county or municipality shall assign one or more full-time
886	equivalent positions based on estimates by the public defender
887	of the number of hours required to handle the projected
888	workload. The full cost of each full-time equivalent attorney
889	position on an annual basis shall be $50, or the amount
890	specified in the General Appropriations Act, multiplied by the
891	legislative budget request standard for available work hours for
892	one full-time equivalent attorney position, or, in the absence
893	of that standard, 1,854 hours. The contract may provide for
894	funding full-time equivalent positions in one-quarter
895	increments.
896	(c)  Any payments received pursuant to this subsection
897	shall be deposited into the Grants and Donations Trust Fund
898	within the Justice Administrative Commission for appropriation
899	by the Legislature.
900	Section 6.  Section 28.24, Florida Statutes, is amended to
901	read:
902	28.24  Service charges by clerk of the circuit court.--The
903	clerk of the circuit court shall may charge for services
904	rendered by the clerk's office in recording documents and
905	instruments and in performing the duties enumerated in amounts
906	not to exceed those specified in this section. Notwithstanding
907	any other provision of this section, the clerk of the circuit
908	court shall provide without charge to the state attorney, public
909	defender, and guardian ad litem, public guardian, attorney ad
910	litem, and court-appointed counsel paid by the state, and to the
911	authorized staff acting on behalf of each, access to and a copy
912	of any public record, if the requesting party is entitled by law
913	to view the exempt or confidential record, as maintained by and
914	in the custody of the clerk of the circuit court as provided in
915	general law and the Florida Rules of Judicial Administration.
916	The clerk of the circuit court may provide the requested public
917	record in an electronic format in lieu of a paper format when
918	capable of being accessed by the requesting entity.
919
920	Charges
921	(1)  For examining, comparing, correcting, verifying, and
922	certifying transcripts of record in appellate proceedings,
923	prepared by attorney for appellant or someone else other than
924	clerk per page....4.50
925	(2)  For preparing, numbering, and indexing an original
926	record of appellate proceedings, per instrument....3.00
927	(3)  For certifying copies of any instrument in the public
928	records....1.50
929	(4)  For verifying any instrument presented for
930	certification prepared by someone other than clerk, per
931	page....3.00
932	(5)(a)  For making copies by photographic process of any
933	instrument in the public records consisting of pages of not more
934	than 14 inches by 81/2 inches, per page....1.00
935	(b)  For making copies by photographic process of any
936	instrument in the public records of more than 14 inches by 81/2
937	inches, per page....5.00
938	(6)  For making microfilm copies of any public records:
939	(a)  16 mm 100' microfilm roll....37.50
940	(b)  35 mm 100' microfilm roll....52.50
941	(c)  Microfiche, per fiche....3.00
942	(7)  For copying any instrument in the public records by
943	other than photographic process, per page....6.00
944	(8)  For writing any paper other than herein specifically
945	mentioned, same as for copying, including signing and
946	sealing....6.00
947	(9)  For indexing each entry not recorded....1.00
948	(10)  For receiving money into the registry of court:
949	(a)1.  First $500, percent....3
950	2.  Each subsequent $100, percent....1.5
951	(b)  Eminent domain actions, per deposit....$150.00
952	(11)  For examining, certifying, and recording plats and
953	for recording condominium exhibits larger than 14 inches by 81/2
954	inches:
955	(a)  First page....30.00
956	(b)  Each additional page....15.00
957	(12)  For recording, indexing, and filing any instrument
958	not more than 14 inches by 81/2 inches, including required
959	notice to property appraiser where applicable:
960	(a)  First page or fraction thereof....5.00
961	(b)  Each additional page or fraction thereof....4.00
962	(c)  For indexing instruments recorded in the official
963	records which contain more than four names, per additional
964	name....1.00
965	(d)  An additional service charge shall be paid to the
966	clerk of the circuit court to be deposited in the Public Records
967	Modernization Trust Fund for each instrument listed in s.
968	28.222, except judgments received from the courts and notices of
969	lis pendens, recorded in the official records:
970	1.  First page....1.00
971	2.  Each additional page....0.50
972
973	Said fund shall be held in trust by the clerk and used
974	exclusively for equipment and maintenance of equipment,
975	personnel training, and technical assistance in modernizing the
976	public records system of the office. In a county where the duty
977	of maintaining official records exists in an office other than
978	the office of the clerk of the circuit court, the clerk of the
979	circuit court is entitled to 25 percent of the moneys deposited
980	into the trust fund for equipment, maintenance of equipment,
981	training, and technical assistance in modernizing the system for
982	storing records in the office of the clerk of the circuit court.
983	The fund may not be used for the payment of travel expenses,
984	membership dues, bank charges, staff-recruitment costs, salaries
985	or benefits of employees, construction costs, general operating
986	expenses, or other costs not directly related to obtaining and
987	maintaining equipment for public records systems or for the
988	purchase of furniture or office supplies and equipment not
989	related to the storage of records. On or before December 1,
990	1995, and on or before December 1 of each year immediately
991	preceding each year during which the trust fund is scheduled for
992	legislative review under s. 19(f)(2), Art. III of the State
993	Constitution, each clerk of the circuit court shall file a
994	report on the Public Records Modernization Trust Fund with the
995	President of the Senate and the Speaker of the House of
996	Representatives. The report must itemize each expenditure made
997	from the trust fund since the last report was filed; each
998	obligation payable from the trust fund on that date; and the
999	percentage of funds expended for each of the following:
1000	equipment, maintenance of equipment, personnel training, and
1001	technical assistance. The report must indicate the nature of the
1002	system each clerk uses to store, maintain, and retrieve public
1003	records and the degree to which the system has been upgraded
1004	since the creation of the trust fund.
1005	(e)  An additional service charge of $4 per page shall be
1006	paid to the clerk of the circuit court for each instrument
1007	listed in s. 28.222, except judgments received from the courts
1008	and notices of lis pendens, recorded in the official records.
1009	From the additional $4 service charge collected:
1010	1.  If the counties maintain legal responsibility for the
1011	costs of the court-related technology needs as defined in s.
1012	29.008(1)(f)2. and (h), 10 cents shall be distributed to the
1013	Florida Association of Court Clerks and Comptroller, Inc., for
1014	the cost of development, implementation, operation, and
1015	maintenance of the clerks' Comprehensive Case Information
1016	System, in which system all clerks shall participate on or
1017	before January 1, 2006; $1.90 shall be retained by the clerk to
1018	be deposited in the Public Records Modernization Trust Fund and
1019	used exclusively for funding court-related technology needs of
1020	the clerk as defined in s. 29.008(1)(f)2. and (h); and $2 shall
1021	be distributed to the board of county commissioners to be used
1022	exclusively to fund court-related technology, and court
1023	technology needs as defined in s. 29.008(1)(f)2. and (h) for the
1024	state trial courts, state attorney, and public defender in that
1025	county. If the counties maintain legal responsibility for the
1026	costs of the court-related technology needs as defined in s.
1027	29.008(1)(f)2. and (h), notwithstanding any other provision of
1028	law, the county is not required to provide additional funding
1029	beyond that provided herein for the court-related technology
1030	needs of the clerk as defined in s. 29.008(1)(f)2. and (h). All
1031	court records and official records are the property of the State
1032	of Florida, including any records generated as part of the
1033	Comprehensive Case Information System funded pursuant to this
1034	paragraph and the clerk of court is designated as the custodian
1035	of such records, except in a county where the duty of
1036	maintaining official records exists in a county office other
1037	than the clerk of court, such county office is designated the
1038	custodian of all official records, and the clerk of court is
1039	designated the custodian of all court records. The clerk of
1040	court or any entity acting on behalf of the clerk of court,
1041	including an association, shall not charge a fee to any agency
1042	as defined in s. 119.011, the Legislature, or the State Court
1043	System for copies of records generated by the Comprehensive Case
1044	Information System or held by the clerk of court or any entity
1045	acting on behalf of the clerk of court, including an
1046	association.
1047	2.  If the state becomes legally responsible for the costs
1048	of court-related technology needs as defined in s.
1049	29.008(1)(f)2. and (h), whether by operation of general law or
1050	by court order, $4 shall be remitted to the Department of
1051	Revenue for deposit into the General Revenue Fund.
1052	(13)  Oath, administering, attesting, and sealing, not
1053	otherwise provided for herein....3.00
1054	(14)  For validating certificates, any authorized bonds,
1055	each....3.00
1056	(15)  For preparing affidavit of domicile....5.00
1057	(16)  For exemplified certificates, including signing and
1058	sealing....6.00
1059	(17)  For authenticated certificates, including signing and
1060	sealing....6.00
1061	(18)(a)  For issuing and filing a subpoena for a witness,
1062	not otherwise provided for herein (includes writing, preparing,
1063	signing, and sealing)....6.00
1064	(b)  For signing and sealing only....1.50
1065	(19)  For approving bond....7.50
1066	(20)  For searching of records, for each year's
1067	search....1.50
1068	(21)  For processing an application for a tax deed sale
1069	(includes application, sale, issuance, and preparation of tax
1070	deed, and disbursement of proceeds of sale), other than excess
1071	proceeds....60.00
1072	(22)  For disbursement of excess proceeds of tax deed sale,
1073	first $100 or fraction thereof....10.00
1074	(23)  Upon receipt of an application for a marriage
1075	license, for preparing and administering of oath; issuing,
1076	sealing, and recording of the marriage license; and providing a
1077	certified copy....30.00
1078	(24)  For solemnizing matrimony....30.00
1079	(25)  For sealing any court file or expungement of any
1080	record....37.50
1081	(26)(a)  For receiving and disbursing all restitution
1082	payments, per payment....3.00
1083	(b)  For receiving and disbursing all partial payments,
1084	other than restitution payments, for which an administrative
1085	processing service charge is not imposed pursuant to s. 28.246,
1086	per month....5.00
1087	(c)  For setting up a payment plan, a one-time
1088	administrative processing charge in lieu of a per month charge
1089	under paragraph (b)....25.00
1090	(27)  Postal charges incurred by the clerk of the circuit
1091	court in any mailing by certified or registered mail shall be
1092	paid by the party at whose instance the mailing is made.
1093	(28)  For furnishing an electronic copy of information
1094	contained in a computer database: a fee as provided for in
1095	chapter 119.
1096	Section 7.  Paragraph (a) of subsection (1) of section
1097	28.2402, Florida Statutes, is amended to read:
1098	28.2402  Cost recovery; use of the circuit court for
1099	ordinance or special law violations.--
1100	(1)(a)  In lieu of payment of a filing fee under s. 28.241,
1101	a filing fee of $10 shall be paid by a county or municipality
1102	when filing a county or municipal ordinance violation or
1103	violation of a special law in circuit court. This fee shall be
1104	paid to the clerk of the court for performing court-related
1105	functions. A county or municipality is not required to pay more
1106	than one filing fee for a single filing against a single
1107	defendant that contains multiple alleged violations. A filing
1108	fee, other than that imposed under this section, may not be
1109	assessed for initiating an enforcement proceeding in circuit
1110	court for a violation of a county or municipal code or ordinance
1111	or a violation of a special law. The filing fee shall not apply
1112	to instances in which a county or municipality has contracted
1113	with the state, or has been delegated by the state,
1114	responsibility for enforcing state operations, policies, or
1115	requirements under s. 125.69, s. 166.0415, or chapter 162.
1116	Section 8.  Section 28.245, Florida Statutes, is amended to
1117	read:
1118	28.245  Transmittal of funds to Department of Revenue;
1119	uniform remittance form required.--Notwithstanding any other
1120	provision of law, all moneys collected by the clerks of the
1121	court as part of the clerk's court-related functions for
1122	subsequent distribution to any state entity must be transmitted
1123	electronically, by the 20th day of the month immediately
1124	following the month in which the moneys are collected, to the
1125	Department of Revenue for appropriate distribution. A uniform
1126	remittance form provided by the Department of Revenue detailing
1127	the specific amounts due each fund must accompany such
1128	submittal. All moneys collected by the clerks of court for
1129	remittance to any entity must be distributed pursuant to the law
1130	in effect at the time of collection.
1131	Section 9.  Subsections (1) and (4) of section 28.246,
1132	Florida Statutes, are amended to read:
1133	28.246  Payment of court-related fees, charges, and costs;
1134	partial payments; distribution of funds.--
1135	(1)  Beginning July 1, 2003, the clerk of the circuit court
1136	shall report the following information to the Legislature and
1137	the Florida Clerks Clerk of Court Operations Corporation
1138	Conference on a form developed by the Department of Financial
1139	Services:
1140	(a)  The total amount of mandatory fees, service charges,
1141	and costs; the total amount actually assessed; the total amount
1142	discharged, waived, or otherwise not assessed; and the total
1143	amount collected.
1144	(b)  The amount of discretionary fees, service charges, and
1145	costs assessed; the total amount discharged; and the total
1146	amount collected.
1147	(c)  The total amount of mandatory fines and other monetary
1148	penalties; the total amount assessed; the total amount
1149	discharged, waived, or otherwise not assessed; and the total
1150	amount collected.
1151	(d)  The amount of discretionary fines and other monetary
1152	penalties assessed; the amount discharged; and the total amount
1153	collected.
1154
1155	If provided to the clerk of court by the judge, the clerk, in
1156	reporting the amount assessed, shall separately identify the
1157	amount assessed pursuant to s. 938.30 as community service;
1158	assessed by reducing the amount to a judgment or lien; satisfied
1159	by time served; or other. The form developed by the Chief
1160	Financial Officer shall include separate entries for recording
1161	these amounts. The clerk shall submit the report on a quarterly
1162	basis 30 days after the end of the quarter for the period from
1163	July 1, 2003, through June 30, 2004, and on an annual basis
1164	thereafter, 60 days after the end of the county fiscal year.
1165	(4)  The clerk of the circuit court shall accept partial
1166	payments for court-related fees, service charges, costs, and
1167	fines in accordance with the terms of an established payment
1168	plan. An individual seeking to defer payment of fees, service
1169	charges, costs, or fines imposed by operation of law or order of
1170	the court under any provision of general law shall apply to the
1171	clerk for enrollment in a payment plan. The clerk shall enter
1172	into a payment plan with an individual who the court determines
1173	is indigent for costs. A monthly payment amount, calculated
1174	based upon all fees and all anticipated costs, is presumed to
1175	correspond to the person's ability to pay if the amount does not
1176	exceed 2 percent of the person's annual net income, as defined
1177	in 27.52(1), divided by 12. The court may review the
1178	reasonableness of the payment plan, and determined by the court
1179	to be unable to make payment in full, shall be enrolled by the
1180	clerk in a payment program, with periodic payment amounts
1181	corresponding to the individual's ability to pay.
1182	Section 10.  Section 28.345, Florida Statutes, is amended
1183	to read:
1184	28.345  Exemption from court-related fees and
1185	charges.--Notwithstanding any other provision of this chapter or
1186	law to the contrary, judges and those court staff acting on
1187	behalf of judges, state attorneys, guardians ad litem, public
1188	guardians, attorneys ad litem, court-appointed private counsel,
1189	and public defenders, acting in their official capacity, and
1190	state agencies, are exempt from all court-related fees and
1191	charges assessed by the clerks of the circuit courts.
1192	Section 11.  Subsection (2), paragraph (a) of subsection
1193	(3), and paragraph (b) of subsection (4) of section 28.36,
1194	Florida Statutes, are amended to read:
1195	28.36  Budget procedure.--There is hereby established a
1196	budget procedure for the court-related functions of the clerks
1197	of the court.
1198	(2)(a)  For the period July 1, 2004, through September 30,
1199	2004, and for each county fiscal year ending September 30
1200	thereafter, each clerk of the court shall prepare a budget
1201	relating solely to the performance of the standard list of
1202	court-related functions pursuant to s. 28.35(4)(a).
1203	(b)  The chief judge of each circuit, after consultation
1204	with the clerk of court, shall coordinate the provision of all
1205	court-related functions and determine the priorities for the
1206	court-related functions of the clerk of court provided pursuant
1207	to s. 28.35(4)(a).
1208	(3)  Each proposed budget shall further conform to the
1209	following requirements:
1210	(a)  On or before August 15 1 for each fiscal year
1211	thereafter, the proposed budget shall be prepared, summarized,
1212	and submitted by the clerk in each county to the Clerks of Court
1213	Operations Corporation in the manner and form prescribed by the
1214	corporation conference. The proposed budget must provide
1215	detailed information on the anticipated revenues available and
1216	expenditures necessary for the performance of the standard list
1217	of court-related functions of the clerk's office developed
1218	pursuant to s. 28.35(4)(a) for the county fiscal year beginning
1219	the following October 1.
1220	(4)  If a clerk of the court estimates that available funds
1221	plus projected revenues from fines, fees, service charges, and
1222	costs for court-related services are insufficient to meet the
1223	anticipated expenditures for the standard list of court-related
1224	functions in s. 28.35(4)(a) performed by his or her office, the
1225	clerk must report the revenue deficit to the Clerks of Court
1226	Operations Corporation in the manner and form prescribed by the
1227	corporation pursuant to contract with the Chief Financial
1228	Officer. The corporation shall verify that the proposed budget
1229	is limited to the standard list of court-related functions in s.
1230	28.35(4)(a).
1231	(b)  If the Chief Financial Officer Department of Revenue
1232	finds the court-related budget proposed by a clerk includes
1233	functions not included in the standard list of court-related
1234	functions in s. 28.35(4)(a) 28.35(3)(a), the Chief Financial
1235	Officer department shall notify the clerk of the amount of the
1236	proposed budget not eligible to be funded from fees, service
1237	charges, costs, and fines for court-related functions and shall
1238	identify appropriate corrective measures to ensure budget
1239	integrity. The clerk shall then immediately discontinue all
1240	ineligible the expenditures of court-related funds for this
1241	purpose and reimburse the Clerks of the Court Trust Fund for any
1242	previously ineligible expenditures made for non-court-related
1243	functions, and shall implement any corrective actions identified
1244	by the Chief Financial Officer incurred to date for these
1245	functions.
1246	Section 12.  Subsection (4) of section 28.37, Florida
1247	Statutes, is amended to read:
1248	28.37  Fines, fees, service charges, and costs remitted to
1249	the state.--
1250	(4)  Beginning January 1, 2005, for the period July 1,
1251	2004, through September 30, 2004, and each January 1 thereafter
1252	for the preceding county fiscal year of October 1 through
1253	September 30, the clerk of the court must remit to the
1254	Department of Revenue for deposit in the General Revenue Fund
1255	the cumulative excess of all fees, service charges, court costs,
1256	and fines retained by the clerks of the court, plus any funds
1257	received by the clerks of the court from the Department of
1258	Revenue Clerk of the Court Trust Fund under s. 28.36(4)(a), over
1259	the amount needed to meet the approved budget amounts
1260	established under s. 28.36.
1261	Section 13.  Section 28.44, Florida Statutes, is created to
1262	read:
1263	28.44  Clerk discontinuance of court-related functions.--
1264	(1)  No function of the clerk of court being performed in
1265	support of the trial courts by the individual clerks of court on
1266	July 1, 2004, may be discontinued or substantially modified on a
1267	unilateral basis except pursuant to this section. A clerk of
1268	court may discontinue performing a function performed in support
1269	of the trial court only if:
1270	(a)  The chief judge of the circuit has consented in
1271	writing to the discontinuance or substantial modification of the
1272	function performed in support of the trial court; or
1273	(b)  The clerk of court has given written notice of the
1274	intention to substantially modify or discontinue a function
1275	performed in support of the trial court at least one year before
1276	the effective date of the discontinuance or substantial
1277	modification of the function.
1278	(2)  "Substantial modification" of a function performed in
1279	support of the trial court means a modification which has the
1280	effect of reducing the level of services provided to the trial
1281	court.
1282	Section 14.  Subsection (6) of section 29.004, Florida
1283	Statutes, is amended to read:
1284	29.004  State courts system.--For purposes of implementing
1285	s. 14, Art. V of the State Constitution, the elements of the
1286	state courts system to be provided from state revenues
1287	appropriated by general law are as follows:
1288	(6)  Expert witnesses who not requested by any party which
1289	are appointed by the court pursuant to an express grant of
1290	statutory authority.
1291	Section 15.  Subsections (4), (5), (6), (7), and (8) of
1292	section 29.005, Florida Statutes, are amended to read:
1293	29.005  State attorneys' offices and prosecution
1294	expenses.--For purposes of implementing s. 14, Art. V of the
1295	State Constitution, the elements of the state attorneys' offices
1296	to be provided from state revenues appropriated by general law
1297	are as follows:
1298	(4)  Mental health professionals appointed pursuant to s.
1299	394.473 and required in a court hearing involving an indigent,
1300	and mental health professionals appointed pursuant to s.
1301	916.115(2) and required in a court hearing involving an
1302	indigent.
1303	(4)(5)  Reasonable transportation services in the
1304	performance of constitutional and statutory responsibilities.
1305	Motor vehicles owned by the counties and provided exclusively to
1306	state attorneys as of July 1, 2003, and any additional vehicles
1307	owned by the counties and provided exclusively to state
1308	attorneys during fiscal year 2003-2004 shall be transferred by
1309	title to the state effective July 1, 2004.
1310	(5)(6)  Travel expenses reimbursable under s. 112.061
1311	reasonably necessary in the performance of constitutional and
1312	statutory responsibilities.
1313	(6)(7)  Reasonable library and electronic legal research
1314	services, other than a public law library.
1315	(7)(8)  Reasonable pretrial consultation fees and costs.
1316	Section 16.  Section 29.007, Florida Statutes, is amended
1317	to read:
1318	29.007  Court-appointed counsel.--For purposes of
1319	implementing s. 14, Art. V of the State Constitution, the
1320	elements of court-appointed counsel to be provided from state
1321	revenues appropriated by general law are as follows:
1322	(1)  Private attorneys appointed by the court to handle
1323	cases where the defendant is indigent and cannot be represented
1324	by the public defender under ss. 27.42 and 27.53.
1325	(2)  Private attorneys appointed by the court to represent
1326	indigents or other classes of litigants in civil proceedings
1327	requiring court-appointed counsel in accordance with state and
1328	federal constitutional guarantees and federal and state
1329	statutes.
1330	(3)  Reasonable court reporting and transcription services
1331	necessary to meet constitutional or statutory requirements,
1332	including the cost of transcribing and copying depositions of
1333	witnesses and the cost of foreign language and sign-language
1334	interpreters and translators.
1335	(4)  Witnesses, including expert witnesses, summoned to
1336	appear for an investigation, preliminary hearing, or trial in a
1337	case when the witnesses are summoned on behalf of an indigent,
1338	and any other expert witnesses approved by the court.
1339	(5)  Mental health professionals appointed pursuant to s.
1340	394.473 and required in a court hearing involving an indigent,
1341	and mental health professionals appointed pursuant to s.
1342	916.115(2) and required in a court hearing involving an
1343	indigent, and any other mental health professionals expressly
1344	required by law for the full adjudication of any civil case
1345	involving an indigent person.
1346	(6)  Reasonable pretrial consultation fees and costs.
1347	(7)  Travel expenses reimbursable under s. 112.061
1348	reasonably necessary in the performance of constitutional and
1349	statutory responsibilities.
1350
1351	Subsections (3), (4), (5), (6), and (7) apply when court-
1352	appointed counsel is appointed; when the court determines that
1353	the litigant is indigent for costs; or when the litigant is
1354	acting pro se and the court determines that the litigant is
1355	indigent for costs at the trial or appellate level. This section
1356	applies in any situation in which the court appoints counsel to
1357	protect a litigant's due-process rights. The Justice
1358	Administrative Commission shall approve uniform contract forms
1359	for use in processing payments for due process services under
1360	this section. In each case in which a private attorney
1361	represents a person determined by the court to be indigent for
1362	costs, the attorney shall execute the commission's contract for
1363	private attorneys representing persons determined to be indigent
1364	for costs.
1365	Section 17.  Subsection (1) of section 29.008, Florida
1366	Statutes, is amended to read:
1367	29.008  County funding of court-related functions.--
1368	(1)  Counties are required by s. 14, Art. V of the State
1369	Constitution to fund the cost of communications services,
1370	existing radio systems, existing multiagency criminal justice
1371	information systems, and the cost of construction or lease,
1372	maintenance, utilities, and security of facilities for the
1373	circuit and county courts, public defenders' offices, state
1374	attorneys' offices, guardian ad litem offices, and the offices
1375	of the clerks of the circuit and county courts performing court-
1376	related functions. For purposes of this section, the term
1377	"circuit and county courts" shall include the offices and
1378	staffing of the guardian ad litem programs. The county
1379	designated under s. 35.05(1) as the headquarters for each
1380	appellate district shall fund these costs for the appellate
1381	division of the public defender's office in that county. For
1382	purposes of implementing these requirements, the term:
1383	(a)  "Facility" means reasonable and necessary buildings
1384	and office space and appurtenant equipment and furnishings,
1385	structures, real estate, easements, and related interests in
1386	real estate, including, but not limited to, those for the
1387	purpose of housing legal materials for use by the general public
1388	and personnel, equipment, or functions of the circuit or county
1389	courts, public defenders' offices, state attorneys' offices, and
1390	court-related functions of the office of the clerks of the
1391	circuit and county courts and all storage. The term "facility"
1392	includes all wiring necessary for court-reporting services. The
1393	term also includes access to parking for such facilities in
1394	connection with such court-related functions that may be
1395	available free or from a private provider or a local government
1396	for a fee. The office space provided by a county may not be less
1397	than the standards for space allotment adopted by the Department
1398	of Management Services, except this requirement applies only to
1399	facilities that are leased, or on which construction commences,
1400	after June 30, 2003. County funding must include physical
1401	modifications and improvements to all facilities as are required
1402	for compliance with the Americans with Disabilities Act. Upon
1403	mutual agreement of a county and the affected entity in this
1404	paragraph, the office space provided by the county may vary from
1405	the standards for space allotment adopted by the Department of
1406	Management Services. This section applies only to facilities
1407	that are leased, or on which construction commences, after June
1408	30, 2003.
1409	1.  As of July 1, 2005, equipment and furnishings shall be
1410	limited to that appropriate and customary for courtrooms,
1411	hearing rooms, jury facilities, and other public areas in
1412	courthouses and any other facility occupied by the courts, state
1413	attorneys, and public defenders. Court-reporting equipment in
1414	these areas or facilities is not a responsibility of the county.
1415	2.  Equipment and furnishings under this paragraph in
1416	existence and owned by counties on July 1, 2005, except for that
1417	in the possession of the clerks, for areas other than
1418	courtrooms, hearing rooms, jury facilities, and other public
1419	areas in courthouses and any other facility occupied by the
1420	courts, state attorneys, and public defenders, shall be
1421	transferred to the state at no charge. This provision does not
1422	apply to any communication services as defined in paragraph (f).
1423	(b)  "Construction or lease" includes, but is not limited
1424	to, all reasonable and necessary costs of the acquisition or
1425	lease of facilities for all judicial officers, staff, jurors,
1426	volunteers of a tenant agency, and the public for the circuit
1427	and county courts, the public defenders' offices, state
1428	attorneys' offices, and for performing the court-related
1429	functions of the offices of the clerks of the circuit and county
1430	courts. This includes expenses related to financing such
1431	facilities and the existing and future cost and bonded
1432	indebtedness associated with placing the facilities in use.
1433	(c)  "Maintenance" includes, but is not limited to, all
1434	reasonable and necessary costs of custodial and groundskeeping
1435	services and renovation and reconstruction as needed to
1436	accommodate functions for the circuit and county courts, the
1437	public defenders' offices, and state attorneys' offices and for
1438	performing the court-related functions of the offices of the
1439	clerks of the circuit and county court and for maintaining the
1440	facilities in a condition appropriate and safe for the use
1441	intended.
1442	(d)  "Utilities" means all electricity services for light,
1443	heat, and power; natural or manufactured gas services for light,
1444	heat, and power; water and wastewater services and systems,
1445	stormwater or runoff services and systems, sewer services and
1446	systems, all costs or fees associated with these services and
1447	systems, and any costs or fees associated with the mitigation of
1448	environmental impacts directly related to the facility.
1449	(e)  "Security" includes but is not limited to, all
1450	reasonable and necessary costs of services of law enforcement
1451	officers or licensed security guards and all electronic,
1452	cellular, or digital monitoring and screening devices necessary
1453	to ensure the safety and security of all persons visiting or
1454	working in a facility; to provide for security of the facility,
1455	including protection of property owned by the county or the
1456	state; and for security of prisoners brought to any facility.
1457	This includes bailiffs while providing courtroom and other
1458	security for each judge and other quasi-judicial officers.
1459	(f)  "Communications services" are defined as any
1460	reasonable and necessary transmission, emission, and reception
1461	of signs, signals, writings, images, and sounds of intelligence
1462	of any nature by wire, radio, optical, audio equipment, or other
1463	electromagnetic systems and includes all facilities and
1464	equipment owned, leased, or used by judges, clerks, public
1465	defenders, state attorneys, and all staff of the state courts
1466	system, state attorneys' offices, public defenders' offices, and
1467	clerks of the circuit and county courts performing court-related
1468	functions. Such system or services shall include, but not be
1469	limited to:
1470	1.  Telephone system infrastructure, including computer
1471	lines, telephone switching equipment, and maintenance, and
1472	facsimile equipment, wireless communications, cellular
1473	telephones, pagers, and video teleconferencing equipment and
1474	line charges. Each county shall continue to provide access to a
1475	local carrier for local and long distance service and shall pay
1476	toll charges for local and long distance service.
1477	2.  All computer networks, systems and equipment, including
1478	computer hardware and software, modems, printers, wiring,
1479	network connections, maintenance, support staff or services
1480	including any county-funded support staff located in the offices
1481	of the circuit court, county courts, state attorneys, and public
1482	defenders, training, supplies, and line charges necessary for an
1483	integrated computer system to support the operations and
1484	management of the state courts system, the offices of the public
1485	defenders, the offices of the state attorneys, and the offices
1486	of the clerks of the circuit and county courts and the
1487	capability to connect those entities and reporting data to the
1488	state as required for the transmission of revenue, performance
1489	accountability, case management, data collection, budgeting, and
1490	auditing purposes. The integrated computer system shall be
1491	operational by July 1, 2006, and, at a minimum, permit the
1492	exchange of financial, performance accountability, case
1493	management, case disposition, and other data across multiple
1494	state and county information systems involving multiple users at
1495	both the state level and within each judicial circuit and be
1496	able to electronically exchange judicial case background data,
1497	sentencing scoresheets, and video evidence information stored in
1498	integrated case management systems over secure networks. Once
1499	the integrated system becomes operational, counties may reject
1500	requests to purchase communication services included in this
1501	subparagraph not in compliance with standards, protocols, or
1502	processes adopted by the board established pursuant to s.
1503	29.0086.
1504	3.  Courier messenger and subpoena services.
1505	4.  Auxiliary aids and services for qualified individuals
1506	with a disability which are necessary to ensure access to the
1507	courts. Such auxiliary aids and services include, but are not
1508	limited to, sign language interpretation services required under
1509	the federal Americans with Disabilities Act other than services
1510	required to satisfy due-process due process requirements and
1511	identified as a state funding responsibility pursuant to ss.
1512	29.004, 29.005, 29.006, and 29.007, real-time transcription
1513	services for individuals who are hearing impaired, and assistive
1514	listening devices and the equipment necessary to implement such
1515	accommodations.
1516	(g)  "Existing radio systems" includes, but is not limited
1517	to, law enforcement radio systems that are used by the circuit
1518	and county courts, the offices of the public defenders, the
1519	offices of the state attorneys, and for court-related functions
1520	of the offices of the clerks of the circuit and county courts.
1521	This includes radio systems that were operational or under
1522	contract at the time Revision No. 7, 1998, to Art. V of the
1523	State Constitution was adopted and any enhancements made
1524	thereafter, the maintenance of those systems, and the personnel
1525	and supplies necessary for operation.
1526	(h)  "Existing multiagency criminal justice information
1527	systems" includes, but is not limited to, those components of
1528	the multiagency criminal justice information system as defined
1529	in s. 943.045, supporting the offices of the circuit or county
1530	courts, the public defenders' offices, the state attorneys'
1531	offices, or those portions of the offices of the clerks of the
1532	circuit and county courts performing court-related functions
1533	that are used to carry out the court-related activities of those
1534	entities. This includes upgrades and maintenance of the current
1535	equipment, maintenance and upgrades of supporting technology
1536	infrastructure and associated staff, and services and expenses
1537	to assure continued information sharing and reporting of
1538	information to the state. The counties shall also provide
1539	additional information technology services, hardware, and
1540	software as needed for new judges and staff of the state courts
1541	system, state attorneys' offices, public defenders' offices, and
1542	the offices of the clerks of the circuit and county courts
1543	performing court-related functions.
1544	Section 18.  Subsection (2) of section 29.015, Florida
1545	Statutes, is amended to read:
1546	29.015  Contingency fund; limitation of authority to
1547	transfer funds in contracted due-process due process services
1548	appropriation categories.--
1549	(2)  In the event that a state attorney or public defender
1550	incurs a deficit in a contracted due-process due process
1551	services appropriation category, the following steps shall be
1552	taken in order:
1553	(a)  The state attorney or public defender shall first
1554	attempt to identify surplus funds from other appropriation
1555	categories within his or her office and submit a budget
1556	amendment pursuant to chapter 216 to transfer funds from within
1557	the office.
1558	(b)  In the event that the state attorney or public
1559	defender is unable to identify surplus funds from within his or
1560	her office, he or she shall certify this to the Justice
1561	Administrative Commission along with a complete explanation of
1562	the circumstances which led to the deficit and steps the office
1563	has taken to reduce or alleviate the deficit. The Justice
1564	Administrative Commission shall inquire as to whether any other
1565	office has surplus funds in its contracted due-process due
1566	process services appropriation categories which can be
1567	transferred to the office that is experiencing the deficit. If
1568	other offices indicate that surplus funds are available within
1569	the same appropriation category, the Justice Administrative
1570	Commission shall adjust the initial allocation of funds among
1571	circuits provided that such adjustment is not in conflict with
1572	specific direction provided in the General Appropriations Act
1573	and shall provide notice to the Governor and the chair and vice
1574	chair of the Legislative Budget Commission at least 14 days
1575	prior to making the adjustment. If funds are available from a
1576	different appropriation category, the Justice Administrative
1577	Commission shall request a budget amendment pursuant to all
1578	applicable provisions of chapter 216 request a budget amendment
1579	to transfer funds from the office or offices to alleviate the
1580	deficit upon agreement of the contributing office or offices.
1581	(c)  If no office indicates that surplus funds are
1582	available to alleviate the deficit, the Justice Administrative
1583	Commission may request a budget amendment to transfer funds from
1584	the contingency fund. Such transfers shall be in accordance with
1585	all applicable provisions of chapter 216 and shall be subject to
1586	review and approval by the Legislative Budget Commission. The
1587	Justice Administrative Commission shall submit the documentation
1588	provided by the office explaining the circumstances that led to
1589	the deficit and the steps taken by the office and the Justice
1590	Administrative Commission to identify surplus funds to the
1591	Legislative Budget Commission.
1592	Section 19.  Section 29.018, Florida Statutes, is amended
1593	to read:
1594	29.018  Cost sharing of due-process services due process
1595	costs; legislative intent.--It is the intent of the Legislature
1596	to provide state-funded due-process due process services to the
1597	state courts system, state attorneys, public defenders, and
1598	court-appointed counsel in the most cost-effective and efficient
1599	manner. The state courts system, state attorneys, public
1600	defenders, and the Justice Administrative Commission on behalf
1601	of court-appointed counsel may enter into contractual agreements
1602	to share, on a pro rata basis, the costs associated with court
1603	reporting services, court interpreter and translation services,
1604	court experts, and all other due-process due process services
1605	funded by the state pursuant to this chapter. These costs shall
1606	be budgeted within the funds appropriated to each of the
1607	affected users of services.
1608	Section 20.  Section 29.0185, Florida Statutes, is created
1609	to read:
1610	29.0185  Provision of state-funded due-process services to
1611	individuals.--Due-process services may not be provided with
1612	state revenues to an individual unless the individual on whose
1613	behalf the due-process services are being provided is eligible
1614	for court-appointed counsel under s. 27.40, based upon a
1615	determination of indigency under s. 27.52, regardless of whether
1616	such counsel is appointed or the individual on whose behalf the
1617	due process services are being provided is eligible for court-
1618	appointed counsel under s. 27.40 and has been determined
1619	indigent for costs pursuant to s. 27.52.
1620	Section 21.  Subsection (1) of section 34.045, Florida
1621	Statutes, is amended to read:
1622	34.045  Cost recovery; use of the county court for
1623	ordinance or special law violations.--
1624	(1)(a)  In lieu of payment of a filing fee under s. 34.041,
1625	a filing fee of $10 shall be paid by a county or municipality
1626	when filing a violation of a county or municipal ordinance or a
1627	violation of a special law in county court. This fee shall be
1628	paid to the clerk of the court for performing court-related
1629	functions. A county or municipality is not required to pay more
1630	than one filing fee for a single filing against a single
1631	defendant that contains multiple alleged violations. A filing
1632	fee, other than that imposed under this section, may not be
1633	assessed for initiating an enforcement proceeding in county
1634	court for a violation of a county or municipal code or ordinance
1635	or a violation of a special law. The filing fee shall not apply
1636	to instances in which a county or municipality has contracted
1637	with the state, or has been delegated by the state,
1638	responsibility for enforcing state operations, policies, or
1639	requirements under s. 125.69, s. 166.0415, or chapter 162.
1640	(b)  No other filing fee may be assessed for filing the
1641	violation in county court. If a person contests the violation in
1642	court, the court shall assess $40 in costs against the
1643	nonprevailing party. The county or municipality shall be
1644	considered the prevailing party when there is a plea or finding
1645	of violation or guilt to any count or lesser included offense of
1646	the charge or companion case charges, regardless of
1647	adjudication. Costs Cost recovered pursuant to this paragraph
1648	shall be deposited into the clerk's fine and forfeiture fund
1649	established pursuant to s. 142.01.
1650	(c)  If the person does not contest the violation in court
1651	or if the county or municipality is the prevailing party, the
1652	court shall assess the person or nonprevailing party $10 for the
1653	filing fee provided in paragraph (a), which amount shall be
1654	forwarded to the county or municipality.
1655	Section 22.  Section 34.191, Florida Statutes, is amended
1656	to read:
1657	34.191  Fines and forfeitures; dispositions.--
1658	(1)  All fines and forfeitures arising from offenses tried
1659	in the county court shall be collected and accounted for by the
1660	clerk of the court and, other than the charge provided in s.
1661	318.1215, disbursed in accordance with ss. 28.2402, 34.045,
1662	142.01, and 142.03 142.13 and subject to the provisions of s.
1663	28.246(5) and (6). Notwithstanding the provisions of this
1664	section, all fines and forfeitures arising from operation of the
1665	provisions of s. 318.1215 shall be disbursed in accordance with
1666	that section.
1667	(2)  All fines and forfeitures received from violations of
1668	municipal ordinances committed within a municipality within the
1669	territorial jurisdiction of the county court, other than the
1670	charge provided in s. 318.1215, shall be paid monthly to the
1671	municipality except as provided in s. 28.2402(2), s. 34.045(2),
1672	s. 318.21, or s. 943.25. A municipality does not include the
1673	unincorporated areas, if any, of a government created pursuant
1674	to s. 6(e), Art. VIII of the State Constitution.
1675	(3)  All other fines and forfeitures collected by the
1676	clerk, other than the charge provided in s. 318.1215, shall be
1677	considered income of the office of the clerk for use in
1678	performing court-related duties of the office.
1679	Section 23.  Subsection (3) of section 39.0132, Florida
1680	Statutes, is amended to read:
1681	39.0132  Oaths, records, and confidential information.--
1682	(3)  The clerk shall keep all court records required by
1683	this chapter separate from other records of the circuit court.
1684	All court records required by this chapter shall not be open to
1685	inspection by the public. All records shall be inspected only
1686	upon order of the court by persons deemed by the court to have a
1687	proper interest therein, except that, subject to the provisions
1688	of s. 63.162, a child and the parents of the child and their
1689	attorneys, guardian ad litem, law enforcement agencies, and the
1690	department and its designees shall always have the right to
1691	inspect and copy any official record pertaining to the child.
1692	The Justice Administrative Commission may inspect court dockets
1693	required by this chapter as necessary to audit compensation of
1694	court-appointed attorneys. If the docket is insufficient for
1695	purposes of the audit, the commission may petition the court for
1696	additional documentation as necessary and appropriate. The court
1697	may permit authorized representatives of recognized
1698	organizations compiling statistics for proper purposes to
1699	inspect and make abstracts from official records, under whatever
1700	conditions upon their use and disposition the court may deem
1701	proper, and may punish by contempt proceedings any violation of
1702	those conditions.
1703	Section 24.  Subsection (1) of section 39.821, Florida
1704	Statutes, is amended to read:
1705	39.821  Qualifications of guardians ad litem.--
1706	(1)  Because of the special trust or responsibility placed
1707	in a guardian ad litem, the Guardian Ad Litem Program may use
1708	any private funds collected by the program, or any state funds
1709	so designated, to conduct a security background investigation
1710	before certifying a volunteer to serve. A security background
1711	investigation must include, but need not be limited to,
1712	employment history checks, checks of references, local criminal
1713	records checks through local law enforcement agencies, and
1714	statewide criminal records checks through the Department of Law
1715	Enforcement. Upon request, an employer shall furnish a copy of
1716	the personnel record for the employee or former employee who is
1717	the subject of a security background investigation conducted
1718	under this section. The information contained in the personnel
1719	record may include, but need not be limited to, disciplinary
1720	matters and the reason why the employee was terminated from
1721	employment. An employer who releases a personnel record for
1722	purposes of a security background investigation is presumed to
1723	have acted in good faith and is not liable for information
1724	contained in the record without a showing that the employer
1725	maliciously falsified the record. A security background
1726	investigation conducted under this section must ensure that a
1727	person is not certified as a guardian ad litem if the person has
1728	been convicted of, regardless of adjudication, or entered a plea
1729	of nolo contendere or guilty to, any offense prohibited under
1730	the provisions of the Florida Statutes specified in s. 435.04(2)
1731	or under any similar law in another jurisdiction. Before
1732	certifying an applicant to serve as a guardian ad litem, the
1733	Guardian Ad Litem Program chief judge of the circuit court may
1734	request a federal criminal records check of the applicant
1735	through the Federal Bureau of Investigation. In analyzing and
1736	evaluating the information obtained in the security background
1737	investigation, the program must give particular emphasis to past
1738	activities involving children, including, but not limited to,
1739	child-related criminal offenses or child abuse. The program has
1740	the sole discretion in determining whether to certify a person
1741	based on his or her security background investigation. The
1742	information collected pursuant to the security background
1743	investigation is confidential and exempt from s. 119.07(1).
1744	Section 25.  Section 39.822, Florida Statutes, is amended
1745	to read:
1746	39.822  Appointment of guardian ad litem for abused,
1747	abandoned, or neglected child.--
1748	(1)  A guardian ad litem shall be appointed by the court at
1749	the earliest possible time to represent the child in any child
1750	abuse, abandonment, or neglect judicial proceeding, whether
1751	civil or criminal. Any person participating in a civil or
1752	criminal judicial proceeding resulting from such appointment
1753	shall be presumed prima facie to be acting in good faith and in
1754	so doing shall be immune from any liability, civil or criminal,
1755	that otherwise might be incurred or imposed.
1756	(2)  In those cases in which the parents are financially
1757	able, the parent or parents of the child shall reimburse the
1758	court, in part or in whole, for the cost of provision of
1759	guardian ad litem services. Reimbursement to the individual
1760	providing guardian ad litem services shall not be contingent
1761	upon successful collection by the court from the parent or
1762	parents.
1763	(3)  Upon presentation by a guardian ad litem of a court
1764	order appointing the guardian ad litem:
1765	(a)  An agency, as defined in chapter 119, shall allow the
1766	guardian ad litem to inspect and copy records related to the
1767	best interests of the child who is the subject of the
1768	appointment, including, but not limited to, records made
1769	confidential or exempt from s. 119.07(1) or s. 24(a), Art. I of
1770	the State Constitution. The guardian ad litem shall maintain the
1771	confidential or exempt status of any records shared by an agency
1772	under this paragraph.
1773	(b)  A person or organization, other than an agency under
1774	paragraph (a), shall allow the guardian ad litem to inspect and
1775	copy any records related to the best interests of the child who
1776	is the subject of the appointment, including, but not limited
1777	to, confidential records.
1778
1779	For the purposes of this subsection, the term "records related
1780	to the best interests of the child" includes, but is not limited
1781	to, medical, mental health, substance abuse, child care,
1782	education, law enforcement, court, social services, and
1783	financial records.
1784	(4)(3)  The guardian ad litem or the program representative
1785	shall review all disposition recommendations and changes in
1786	placements, and must be present at all critical stages of the
1787	dependency proceeding or submit a written report of
1788	recommendations to the court. Written reports must be filed with
1789	the court and served on all parties whose whereabouts are known
1790	at least 72 hours prior to the hearing.
1791	Section 26.  Subsection (1) of section 40.29, Florida
1792	Statutes, is amended to read:
1793	40.29  Payment of due-process due process costs.--
1794	(1)(a)  Each clerk of the circuit court, on behalf of the
1795	courts, the state attorney, court-appointed counsel, and the
1796	public defender, shall forward to the Justice Administrative
1797	Commission, by county, a quarterly estimate of funds necessary
1798	to pay for ordinary witnesses, including, but not limited to,
1799	witnesses in civil traffic cases and witnesses of the state
1800	attorney, public defender, court-appointed counsel, and persons
1801	determined to be indigent for costs except expert witnesses paid
1802	pursuant to a contract or other professional services agreement,
1803	pursuant to ss. 29.005 and 29.006. Each quarter of the state
1804	fiscal year, the commission, based upon the estimates, shall
1805	advance funds to each clerk to pay for these ordinary witnesses
1806	from state funds specifically appropriated for the payment of
1807	ordinary witnesses.
1808	(b)  Each clerk of the circuit court shall forward to the
1809	Office of the State Courts Administrator, by county, a quarterly
1810	estimate of funds necessary to pay juror compensation.
1811	Section 27.  Section 40.355, Florida Statutes, is created
1812	to read:
1813	40.355  Accounting and payment to public defenders and
1814	state attorneys.--The clerk of the court shall, within 2 weeks
1815	after the last day of the state's fiscal year, render to the
1816	state attorney and the public defender in each circuit a full
1817	statement of accounts for moneys received and disbursed under
1818	this chapter and, upon request of the state attorney or public
1819	defender, shall refund to the state attorney or public defender
1820	any balance.
1821	Section 28.  Subsections (5) and (6) of  section 43.16,
1822	Florida Statutes, are amended, and subsection (7) is added to
1823	said section, to read:
1824	43.16  Justice Administrative Commission; membership,
1825	powers and duties.--
1826	(5)  The duties of the commission shall include, but not be
1827	limited to, the following:
1828	(a)  The maintenance of a central state office for
1829	administrative services and assistance when possible to and on
1830	behalf of the state attorneys and public defenders of Florida,
1831	the office of capital collateral representative of Florida, and
1832	the Guardian Ad Litem Program Judicial Qualifications
1833	Commission.
1834	(b)  Each state attorney and public defender and the
1835	Guardian Ad Litem Program Judicial Qualifications Commission
1836	shall continue to prepare necessary budgets, vouchers which
1837	represent valid claims for reimbursement by the state for
1838	authorized expenses, and other things incidental to the proper
1839	administrative operation of the office, such as revenue
1840	transmittals to the Chief Financial Officer and automated
1841	systems plans, but will forward same to the commission for
1842	recording and submission to the proper state officer. However,
1843	when requested by a state attorney or a public defender or the
1844	Guardian Ad Litem Program Judicial Qualifications Commission,
1845	the commission will either assist in the preparation of budget
1846	requests, voucher schedules, and other forms and reports or
1847	accomplish the entire project involved.
1848	(6)  The provisions contained in this section shall be
1849	supplemental to those of chapter 27, relating to state attorneys
1850	and public defenders; to those of chapter 39 s. 43.20, relating
1851	to the Guardian Ad Litem Program Judicial Qualifications
1852	Commission; or to other laws pertaining hereto.
1853	(7)  Chapter 120 does not apply to the Justice
1854	Administrative Commission.
1855	Section 29.  Subsection (6) is added to section 43.26,
1856	Florida Statutes, to read:
1857	43.26  Chief judge of circuit; selection; powers.--
1858	(6)  The chief judge of each circuit is charged by s. 2(d),
1859	Article V of the Florida Constitution and this section with the
1860	authority to promote the prompt and efficient administration of
1861	justice in the courts over which he or she is chief judge. The
1862	clerks of court provide court-related functions which are
1863	essential to the orderly administration of the judicial branch.
1864	The chief judge of each circuit shall consult with each clerk of
1865	court to determine the priority of services provided by the
1866	clerk of court to the trial court pursuant to s. 28.35(4)(a).
1867	Section 30.  Paragraph (b) of subsection (4) of section
1868	44.102, Florida Statutes, is amended to read:
1869	44.102  Court-ordered mediation.--
1870	(4)  The chief judge of each judicial circuit shall
1871	maintain a list of mediators who have been certified by the
1872	Supreme Court and who have registered for appointment in that
1873	circuit.
1874	(b)  Nonvolunteer mediators shall be compensated according
1875	to rules adopted by the Supreme Court. If a mediation program is
1876	funded pursuant to s. 44.108, a mediator may be compensated by
1877	the county or by the parties. When a party has been declared
1878	indigent or insolvent, that party's pro rata share of a
1879	mediator's compensation shall be paid by the county at the rate
1880	set by administrative order of the chief judge of the circuit.
1881	Section 31.  Section 44.108, Florida Statutes, is amended
1882	to read:
1883	44.108  Funding of mediation and arbitration.--
1884	(1)  Mediation and arbitration should be accessible to all
1885	parties regardless of financial status. A filing fee of $1 is
1886	levied on all proceedings in the circuit or county courts to
1887	fund mediation and arbitration services which are the
1888	responsibility of the Supreme Court pursuant to the provisions
1889	of s. 44.106. The clerk of the court shall forward the moneys
1890	collected to the Department of Revenue for deposit in the state
1891	courts' Mediation and Arbitration Trust Fund.
1892	(2)  When court-ordered mediation services are provided by
1893	a circuit court's mediation program, the following fees, unless
1894	otherwise established in the General Appropriations Act, shall
1895	be collected by the clerk of court:
1896	(a)  Eighty dollars per person per scheduled session in
1897	family mediation when the parties' combined income is greater
1898	than $50,000, but less than $100,000 per year;
1899	(b)  Forty dollars per person per scheduled session in
1900	family mediation when the parties' combined income is less than
1901	$50,000; or
1902	(c)  Forty dollars per person per scheduled session in
1903	county court cases.
1904
1905	No mediation fees shall be assessed under this subsection in
1906	residential eviction cases, against a party found to be
1907	indigent, or for any small claims action. Fees collected by the
1908	clerk of court pursuant to this section shall be remitted to the
1909	Department of Revenue for deposit into the state courts'
1910	Mediation and Arbitration Trust Fund to fund court-ordered
1911	mediation. The clerk of court may deduct $1 per fee assessment
1912	for processing this fee. The clerk of the court shall submit to
1913	the chief judge of the circuit, no later than 30 days after the
1914	end of each quarter, a report specifying the amount of funds
1915	collected under this section during each quarter of the fiscal
1916	year.
1917	Section 32.  Subsection (1) of section 57.081, Florida
1918	Statutes, is amended to read:
1919	57.081  Costs; right to proceed where prepayment of costs
1920	waived.--
1921	(1)  Any indigent person, except a prisoner as defined in
1922	s. 57.085, who is a party or intervenor in any judicial or
1923	administrative agency proceeding or who initiates such
1924	proceeding shall receive the services of the courts, sheriffs,
1925	and clerks, with respect to such proceedings, despite his or her
1926	present inability to pay for these services. Such services are
1927	limited to filing fees; service of process; certified copies of
1928	orders or final judgments; a single photocopy of any court
1929	pleading, record, or instrument filed with the clerk; examining
1930	fees; mediation services and fees; private court-appointed
1931	counsel fees; subpoena fees and services; service charges for
1932	collecting and disbursing funds; and any other cost or service
1933	arising out of pending litigation. In any appeal from an
1934	administrative agency decision, for which the clerk is
1935	responsible for preparing the transcript, the clerk shall record
1936	the cost of preparing the transcripts and the cost for copies of
1937	any exhibits in the record. Prepayment of costs to any court,
1938	clerk, or sheriff is not required in any action if the party has
1939	obtained in each proceeding a certification of indigence in
1940	accordance with s. 27.52 or s. 57.082.
1941	Section 33.  Section 57.082, Florida Statutes, is created
1942	to read:
1943	57.082  Determination of civil indigent status.--
1944	(1)  APPLICATION TO THE CLERK.--A person seeking
1945	appointment of a private attorney in a civil case eligible for
1946	court-appointed counsel, or seeking relief from prepayment of
1947	fees and costs under s. 57.081, based upon an inability to pay
1948	must apply to the clerk of the court for a determination of
1949	civil indigent status using an application form developed by the
1950	Florida Clerks of Court Operations Corporation with final
1951	approval by the Supreme Court.
1952	(a)  The application must include, at a minimum, the
1953	following financial information:
1954	1.  Net income, consisting of total salary and wages, minus
1955	deductions required by law, including court-ordered support
1956	payments.
1957	2.  Other income, including, but not limited to, social
1958	security benefits, union funds, veterans' benefits, workers'
1959	compensation, other regular support from absent family members,
1960	public or private employee pensions, unemployment compensation,
1961	dividends, interest, rent, trusts, and gifts.
1962	3.  Assets, including, but not limited to, cash, savings
1963	accounts, bank accounts, stocks, bonds, certificates of deposit,
1964	equity in real estate, and equity in a boat or a motor vehicle
1965	or in other tangible property.
1966	4.  All liabilities and debts.
1967
1968	The application must include a signature by the applicant which
1969	attests to the truthfulness of the information provided. The
1970	application form developed by the corporation must include
1971	notice that the applicant may seek court review of a clerk's
1972	determination that the applicant is not indigent, as provided in
1973	this section.
1974	(b)  The clerk shall assist a person who appears before the
1975	clerk and requests assistance in completing the application and
1976	the clerk shall notify the court if a person is unable to
1977	complete the application after the clerk has provided
1978	assistance.
1979	(c)  The clerk shall accept an application that is signed
1980	by the applicant and submitted on his or her behalf by a private
1981	attorney who is representing the applicant in the applicable
1982	matter.
1983	(2)  DETERMINATION BY THE CLERK.--The clerk of the court
1984	shall determine whether an applicant seeking such designation is
1985	indigent based upon the information provided in the application
1986	and the criteria prescribed in this subsection.
1987	(a)1.  An applicant, including an applicant who is a minor
1988	or an adult tax-dependent person, is indigent if the applicant's
1989	income is equal to or below 200 percent of the then-current
1990	federal poverty guidelines prescribed for the size of the
1991	household of the applicant by the United States Department of
1992	Health and Human Services.
1993	2.  There is a presumption that the applicant is not
1994	indigent if the applicant owns, or has equity in, any intangible
1995	or tangible personal property or real property or the expectancy
1996	of an interest in any such property having a net equity value of
1997	$2,500 or more, excluding the value of the person's homestead
1998	and one vehicle having a net value not exceeding $5,000.
1999	(b)  Based upon its review, the clerk shall make one of the
2000	following determinations:
2001	1.  The applicant is not indigent.
2002	2.  The applicant is indigent.
2003	(c)  If the clerk determines that the applicant is
2004	indigent, the clerk shall immediately file the determination in
2005	the case record.
2006	(d)  The duty of the clerk in determining whether an
2007	applicant is indigent is limited to receiving the application
2008	and comparing the information provided in the application to the
2009	criteria prescribed in this subsection. The determination of
2010	indigent status is a ministerial act of the clerk and may not be
2011	based on further investigation or the exercise of independent
2012	judgment by the clerk. The clerk may contract with third parties
2013	to perform functions assigned to the clerk under this section.
2014	(e)  The applicant may seek review of the clerk's
2015	determination that the applicant is not indigent in the court
2016	having jurisdiction over the matter by filing a petition to
2017	review the clerk's determination of nonindigent status for which
2018	a filing fee may not be charged. If the applicant seeks review
2019	of the clerk's determination of indigent status, the court shall
2020	make a final determination as provided in subsection (4).
2021	(3)  APPOINTMENT OF COUNSEL ON AN INTERIM BASIS.--If the
2022	clerk of the court has not made a determination of indigent
2023	status at the time a person requests appointment of a private
2024	attorney in a civil case eligible for court-appointed counsel,
2025	the court shall make a preliminary determination of indigent
2026	status, pending further review by the clerk, and may, by court
2027	order, appoint private counsel on an interim basis.
2028	(4)  REVIEW OF THE CLERK'S DETERMINATION.--
2029	(a)  If the clerk of the court determines that the
2030	applicant is not indigent and the applicant seeks review of the
2031	clerk's determination, the court shall make a final
2032	determination of indigent status by reviewing the information
2033	provided in the application against the criteria prescribed in
2034	subsection (2) and by considering the following additional
2035	factors:
2036	1.  Whether paying for private counsel or other fees and
2037	costs creates a substantial hardship for the applicant or the
2038	applicant's family.
2039	2.  Whether the applicant is proceeding pro se or is
2040	represented by a private attorney for a fee or on a pro-bono
2041	basis.
2042	3.  When the applicant retained private counsel.
2043	4.  The amount of any attorney's fees and who is paying the
2044	fees.
2045	5.  Any other relevant financial circumstances of the
2046	applicant or the applicant's family.
2047	(b)  Based upon its review, the court shall make one of the
2048	following determinations and shall, if appropriate, appoint
2049	private counsel:
2050	1.  The applicant is not indigent.
2051	2.  The applicant is indigent.
2052	(5)  PROCESSING CHARGE; PAYMENT PLANS.--A person who the
2053	clerk or the court determines is indigent for civil proceedings
2054	under this section shall be enrolled in a payment plan under s.
2055	28.246 and shall be charged a one-time administrative processing
2056	charge under s. 28.24(26)(c). A monthly payment amount,
2057	calculated based upon all fees and all anticipated costs, is
2058	presumed to correspond to the person's ability to pay if it does
2059	not exceed 2 percent of the person's annual net income, as
2060	defined in subsection (1), divided by 12. The person may seek
2061	review of the clerk's decisions regarding a payment plan
2062	established under s. 28.246 in the court having jurisdiction
2063	over the matter. A case may not be impeded in any way, delayed
2064	in filing, or delayed in its progress, including the final
2065	hearing and order, due to nonpayment of any fees by an indigent
2066	person.
2067	(6)  FINANCIAL DISCREPANCIES; FRAUD; FALSE INFORMATION.--
2068	(a)  If the court learns of discrepancies between the
2069	application and the actual financial status of the person found
2070	to be indigent, the court shall determine whether the status and
2071	any relief provided as a result of that status shall be revoked.
2072	The person may be heard regarding the information learned by the
2073	court. If the court, based on the information, determines that
2074	the person is not indigent, the court shall revoke the provision
2075	of any relief under this section.
2076	(b)  If the court has reason to believe that any applicant,
2077	through fraud or misrepresentation, was improperly determined to
2078	be indigent, the matter shall be referred to the state attorney.
2079	Twenty-five percent of any amount recovered by the state
2080	attorney as reasonable value of the services rendered, including
2081	fees, charges, and costs paid by the state on the person's
2082	behalf, shall be remitted to the Department of Revenue for
2083	deposit into the Grants and Donations Trust Fund within the
2084	Justice Administrative Commission. Seventy-five percent of any
2085	amount recovered shall be remitted to the Department of Revenue
2086	for deposit into the General Revenue Fund.
2087	(c)  A person who knowingly provides false information to
2088	the clerk or the court in seeking a determination of indigent
2089	status under this section commits a misdemeanor of the first
2090	degree, punishable as provided in s. 775.082 or s. 775.083.
2091	Section 34.  Subsection (1) of section 92.142, Florida
2092	Statutes, is amended to read:
2093	92.142  Witnesses; pay.--
2094	(1)  Witnesses in all cases, civil and criminal, in all
2095	courts, now or hereafter created, and witnesses summoned before
2096	any arbitrator or general or special magistrate appointed by the
2097	court shall receive for each day's actual attendance $5 and also
2098	6 cents per mile for actual distance traveled to and from the
2099	courts. A witness in a criminal case required to appear in a
2100	county other than the county of his or her residence and
2101	residing more than 50 miles from the location of the trial shall
2102	be entitled to per diem and travel expenses at the same rate
2103	provided for state employees under s. 112.061, in lieu of any
2104	other witness fee at the discretion of the court.
2105	Section 35.  Effective July 1, 2006, subsections (2) and
2106	(3) of section 92.231, Florida Statutes, are amended to read:
2107	92.231  Expert witnesses; fee.--
2108	(2)  Any expert or skilled witness who shall have testified
2109	in any cause shall be allowed a witness fee including the cost
2110	of any exhibits used by such witness in an amount agreed to by
2111	the parties, and the same shall be taxed as costs. In instances
2112	where services are provided for the state, including for state-
2113	paid private court-appointed counsel, payment from state funds
2114	shall be in accordance with standards adopted by the Legislature
2115	after receiving recommendations from the Article V Indigent
2116	Services Advisory Board.
2117	(3)  In a criminal case in which the state or an indigent
2118	defendant requires the services of an expert witness whose
2119	opinion is relevant to the issues of the case, the expert
2120	witness shall be compensated in accordance with standards
2121	adopted by the Legislature after receiving recommendations from
2122	the Article V Indigent Services Advisory Board.
2123	Section 36.  Paragraph (y) is added to subsection (2) of
2124	section 110.205, Florida Statutes, to read:
2125	110.205  Career service; exemptions.--
2126	(2)  EXEMPT POSITIONS.--The exempt positions that are not
2127	covered by this part include the following:
2128	(y)  All officers and employees of the Justice
2129	Administrative Commission, Office of the State Attorney, Office
2130	of the Public Defender, regional offices of capital collateral
2131	counsel, and Statewide Guardian Ad Litem Office, including the
2132	circuit guardian ad litem programs.
2133	Section 37.  Subsection (1) of section 116.01, Florida
2134	Statutes, is amended to read:
2135	116.01  Payment of public funds into treasury.--
2136	(1)  Every state and county officer within this state
2137	authorized to collect funds due the state or county shall pay
2138	all sums officially received by the officer into the state or
2139	county treasury not later than 7 working days from the close of
2140	the week in which the officer received the funds. Funds received
2141	by the county officer on behalf of the state shall be deposited
2142	directly to the account of the State Treasury not later than 7
2143	working days from the close of the week in which the officer
2144	received the funds. The clerk of the court, when collecting
2145	funds as part of the clerk's court-related functions, must remit
2146	those funds as required under s. 28.245.
2147	Section 38.  Paragraph (gg) of subsection (6) of section
2148	119.07, Florida Statutes, is amended to read:
2149	119.07  Inspection and copying of records; photographing
2150	public records; fees; exemptions.--
2151	(6)
2152	(gg)1.  Until January 1, 2007 2006, if a social security
2153	number, made confidential and exempt pursuant to s. 119.0721,
2154	created pursuant to s. 1, ch. 2002-256, passed during the 2002
2155	regular legislative session, or a complete bank account, debit,
2156	charge, or credit card number made exempt pursuant to paragraph
2157	(dd), created pursuant to s. 1, ch. 2002-257, passed during the
2158	2002 regular legislative session, is or has been included in a
2159	court file, such number may be included as part of the court
2160	record available for public inspection and copying unless
2161	redaction is requested by the holder of such number, or by the
2162	holder's attorney or legal guardian, in a signed, legibly
2163	written request specifying the case name, case number, document
2164	heading, and page number. The request must be delivered by mail,
2165	facsimile, electronic transmission, or in person to the clerk of
2166	the circuit court. The clerk of the circuit court does not have
2167	a duty to inquire beyond the written request to verify the
2168	identity of a person requesting redaction. A fee may not be
2169	charged for the redaction of a social security number or a bank
2170	account, debit, charge, or credit card number pursuant to such
2171	request.
2172	2.  Any person who prepares or files a document to be
2173	recorded in the official records by the county recorder as
2174	provided in chapter 28 may not include a person's social
2175	security number or complete bank account, debit, charge, or
2176	credit card number in that document unless otherwise expressly
2177	required by law. Until January 1, 2007 2006, if a social
2178	security number or a complete bank account, debit, charge or
2179	credit card number is or has been included in a document
2180	presented to the county recorder for recording in the official
2181	records of the county, such number may be made available as part
2182	of the official record available for public inspection and
2183	copying. Any person, or his or her attorney or legal guardian,
2184	may request that a county recorder remove from an image or copy
2185	of an official record placed on a county recorder's publicly
2186	available Internet website, or a publicly available Internet
2187	website used by a county recorder to display public records
2188	outside the office or otherwise made electronically available
2189	outside the county recorder's office to the general public, his
2190	or her social security number or complete account, debit,
2191	charge, or credit card number contained in that official record.
2192	Such request must be legibly written, signed by the requester,
2193	and delivered by mail, facsimile, electronic transmission, or in
2194	person to the county recorder. The request must specify the
2195	identification page number of the document that contains the
2196	number to be redacted. The county recorder does not have a duty
2197	to inquire beyond the written request to verify the identity of
2198	a person requesting redaction. A fee may not be charged for
2199	redacting such numbers.
2200	3.  Upon the effective date of this act, subsections (3)
2201	and (4) of s. 119.0721, do not apply to the clerks of the court
2202	or the county recorder with respect to circuit court records and
2203	official records.
2204	4.  On January 1, 2007 2006, and thereafter, the clerk of
2205	the circuit court and the county recorder must keep complete
2206	bank account, debit, charge, and credit card numbers exempt as
2207	provided for in paragraph (dd), and must keep social security
2208	numbers confidential and exempt as provided for in s. 119.0721,
2209	without any person having to request redaction.
2210	Section 39.  Subsection (4) of section 142.01, Florida
2211	Statutes, is amended to read:
2212	142.01  Fine and forfeiture fund; clerk of the circuit
2213	court.--There shall be established by the clerk of the circuit
2214	court in each county of this state a separate fund to be known
2215	as the fine and forfeiture fund for use by the clerk of the
2216	circuit court in performing court-related functions. The fund
2217	shall consist of the following:
2218	(4)  Proceeds from forfeited bail bonds, unclaimed bonds,
2219	unclaimed moneys, or recognizances pursuant to ss. 321.05(4)(a),
2220	372.72(1), and 903.26(3)(a).
2221
2222	Notwithstanding the provisions of this section, all fines and
2223	forfeitures arising from operation of the provisions of s.
2224	318.1215 shall be disbursed in accordance with that section.
2225	Section 40.  Subsection (5) is added to section 213.13,
2226	Florida Statutes, to read:
2227	213.13  Electronic remittance and distribution of funds
2228	collected by clerks of the court.--
2229	(5)  All court-related collections, including fees, fines,
2230	reimbursements, court costs, and other court-related funds that
2231	the clerks must remit to the state pursuant to law, must be
2232	transmitted electronically by the 20th day of the month
2233	immediately following the month in which the funds are
2234	collected.
2235	Section 41.  Section 219.07, Florida Statutes, is amended
2236	to read:
2237	219.07  Disbursements.--Each officer shall, not later than
2238	7 working days from the close of the week in which the officer
2239	received the funds, distribute the money which is required to be
2240	paid to other officers, agencies, funds, or persons entitled to
2241	receive the same; provided, that distributions or partial
2242	distributions may be made more frequently; and provided further,
2243	that money required by law or court order, or by the purpose for
2244	which it was collected, to be held and disbursed for a
2245	particular purpose in a manner different from that set out
2246	herein shall be held and disbursed accordingly. Further, money
2247	collected by the county officer on behalf of the state, except
2248	for money collected by the clerk of the court as part of court-
2249	related functions, shall be deposited directly to the account of
2250	the State Treasury not later than 7 working days from the close
2251	of the week in which the officer received the funds. The clerk
2252	of the court, when collecting money as part of the clerk's
2253	court-related functions, must remit that money as required under
2254	s. 28.245.
2255	Section 42.  Subsection (1) of section 219.075, Florida
2256	Statutes, is amended to read:
2257	219.075  Investment of surplus funds by county officers.--
2258	(1)(a)  Except when another procedure is prescribed by law
2259	or by ordinance as to particular funds, a tax collector or any
2260	other county officer having, receiving, or collecting any money,
2261	either for his or her office or on behalf of and subject to
2262	subsequent distribution to another officer of state or local
2263	government, while such money is in excess of that required to
2264	meet current expenses or is pending distribution, shall invest
2265	such money, without limitation, as provided in s. 218.415.
2266	(b)  These investments shall be planned so as not to slow
2267	the normal distribution of the subject funds. The investment
2268	earnings shall be reasonably apportioned and allocated and shall
2269	be credited to the account of, and paid to, the office or
2270	distributee, together with the principal on which such earnings
2271	accrued.
2272	(c)  This section does not apply to the clerk of the
2273	circuit court with respect to money collected as part of the
2274	clerk's court-related functions. The clerk, however, shall remit
2275	this money as provided under s. 28.245.
2276	Section 43.  Section 318.121, Florida Statutes, is amended
2277	to read:
2278	318.121  Preemption of additional fees, fines, surcharges,
2279	and costs.--Notwithstanding any general or special law, or
2280	municipal or county ordinance, additional fees, fines,
2281	surcharges, or costs other than the court costs and surcharges
2282	assessed under s. 318.18(11) and (13) may not be added to the
2283	civil traffic penalties assessed in this chapter.
2284	Section 44.  Subsection (13) of section 318.18, Florida
2285	Statutes, is amended to read:
2286	318.18  Amount of civil penalties.--The penalties required
2287	for a noncriminal disposition pursuant to s. 318.14 are as
2288	follows:
2289	(13)  In addition to any penalties imposed for noncriminal
2290	traffic infractions pursuant to this chapter or imposed for
2291	criminal violations listed in s. 318.17, a board of county
2292	commissioners or any unit of local government which is
2293	consolidated as provided by s. 9, Art. VIII of the State
2294	Constitution of 1885, as preserved by s. 6(e), Art. VIII of the
2295	Constitution of 1968:
2296	(a)  May impose by ordinance a surcharge of up to $15 for
2297	any infraction or violation to fund state court facilities. The
2298	court shall not waive this surcharge. Up to 25 percent of the
2299	revenue from such surcharge may be used to support local law
2300	libraries provided that the county or unit of local government
2301	provides a level of service equal to that provided prior to July
2302	1, 2004, which shall include the continuation of library
2303	facilities located in or near the county courthouse or annexes.
2304	(b)  That imposed increased fees or service charges by
2305	ordinance under s. 28.2401, s. 28.241, or s. 34.041 for the
2306	purpose of securing payment of the principal and interest on
2307	bonds issued by the county before July 1, 2003, to finance state
2308	court facilities, may impose by ordinance a surcharge for any
2309	infraction or violation for the exclusive purpose of securing
2310	payment of the principal and interest on bonds issued by the
2311	county before July 1, 2003, to fund state court facilities until
2312	the date of stated maturity. The court shall not waive this
2313	surcharge. Such surcharge may not exceed an amount per violation
2314	calculated as the quotient of the maximum annual payment of the
2315	principal and interest on the bonds as of July 1, 2003, divided
2316	by the number of traffic citations for county fiscal year 2002-
2317	2003 certified as paid by the clerk of the court of the county.
2318	Such quotient shall be rounded up to the next highest dollar
2319	amount. The bonds may be refunded only if savings will be
2320	realized on payments of debt service and the refunding bonds are
2321	scheduled to mature on the same date or before the bonds being
2322	refunded.
2323
2324	A county may not impose both of the surcharges authorized under
2325	paragraphs (a) and (b) concurrently. The clerk of court shall
2326	report, no later than 30 days after the end of the quarter, the
2327	amount of funds collected under this subsection during each
2328	quarter of the fiscal year. The clerk shall submit the report,
2329	in a format developed by the Office of State Courts
2330	Administrator, to the chief judge of the circuit, the Governor,
2331	the President of the Senate, and the Speaker of the House of
2332	Representatives.
2333	Section 45.  Paragraph (g) of subsection (2) of section
2334	318.21, Florida Statutes, is amended to read:
2335	318.21  Disposition of civil penalties by county
2336	courts.--All civil penalties received by a county court pursuant
2337	to the provisions of this chapter shall be distributed and paid
2338	monthly as follows:
2339	(2)  Of the remainder:
2340	(g)1.  If the violation occurred within a special
2341	improvement district of the Seminole Indian Tribe or Miccosukee
2342	Indian Tribe, 56.4 percent shall be paid to that special
2343	improvement district.
2344	2.  If the violation occurred within a municipality, 50.8
2345	percent shall be paid to that municipality and 5.6 percent shall
2346	be deposited into the fine and forfeiture trust fund established
2347	pursuant to s. 142.01.
2348	3.  If the violation occurred within the unincorporated
2349	area of a county, including the unincorporated areas, if any, of
2350	a government created pursuant to s. 6(e), Article VIII of the
2351	State Constitution, that is not within a special improvement
2352	district of the Seminole Indian Tribe or Miccosukee Indian
2353	Tribe, 56.4 percent shall be deposited into the fine and
2354	forfeiture fund established pursuant to s. 142.01.
2355	Section 46.  Section 318.31, Florida Statutes, is amended
2356	to read:
2357	318.31  Objectives.--The Supreme Court is hereby requested
2358	to adopt rules and procedures for the establishment and
2359	operation of Civil Traffic Infraction Hearing Officer Programs
2360	under ss. 318.30-318.38. However, the appointment of a hearing
2361	officer shall be at the option of the county electing to
2362	establish such a program, upon recommendation by the county
2363	court judge or judges, as the case may be, and the Chief Judge
2364	of the Circuit and approval by the Chief Justice of the Supreme
2365	Court.
2366	Section 47.  Section 318.325, Florida Statutes, is amended
2367	to read:
2368	318.325  Jurisdiction and procedure for parking
2369	infractions.--Any county or municipality may adopt an ordinance
2370	that allows the county or municipality to refer cases involving
2371	the violation of a county or municipal parking ordinance to a
2372	hearing officer funded by the county or municipality.
2373	Notwithstanding the provisions of ss. 318.14 and 775.08(3), any
2374	parking violation shall be deemed to be an infraction as defined
2375	in s. 318.13(3). However, the violation must be enforced and
2376	disposed of in accordance with the provisions of general law
2377	applicable to parking violations and with the charter or code of
2378	the county or municipality where the violation occurred. The
2379	clerk of the court or the designated traffic violations bureau
2380	must collect and distribute the fines, forfeitures, and court
2381	costs assessed under this section.
2382	Section 48.  Subsection (2) of section 322.29, Florida
2383	Statutes, is amended to read:
2384	322.29  Surrender and return of license.--
2385	(2)  The provisions of subsection (1) to the contrary
2386	notwithstanding, no examination is required for the return of a
2387	license suspended under s. 318.15 or s. 322.245 unless an
2388	examination is otherwise required by this chapter. Every person
2389	applying for the return of a license suspended under s. 318.15
2390	or s. 322.245 shall present to the department certification from
2391	the court that he or she has complied with all obligations and
2392	penalties imposed on him or her pursuant to s. 318.15 or, in the
2393	case of a suspension pursuant to s. 322.245, that he or she has
2394	complied with all directives of the court and the requirements
2395	of s. 322.245 and shall pay to the department a nonrefundable
2396	service fee of $47.50 $35, of which $37.50 $25 shall be
2397	deposited into the General Revenue Fund and $10 shall be
2398	deposited into the Highway Safety Operating Trust Fund. If
2399	reinstated by the clerk of the court or tax collector, $37.50
2400	$25 shall be retained and $10 shall be remitted to the
2401	Department of Revenue for deposit into the Highway Safety
2402	Operating Trust Fund. However, the service fee is not required
2403	if the person is required to pay a $35 fee or $60 fee under the
2404	provisions of s. 322.21.
2405	Section 49.  Subsection (1) of section 372.72, Florida
2406	Statutes, is amended to read:
2407	372.72  Disposition of fines, penalties, and forfeitures.--
2408	(1)  All moneys collected from fines, penalties, proceeds
2409	from unclaimed bonds, or forfeitures of bail of persons
2410	convicted under this chapter shall be deposited in the fine and
2411	forfeiture fund established pursuant to s. 142.01 where such
2412	convictions are had, except for the disposition of moneys as
2413	provided in subsection (2).
2414	Section 50.  Subsection (8) of section 903.26, Florida
2415	Statutes, is amended to read:
2416	903.26  Forfeiture of the bond; when and how directed;
2417	discharge; how and when made; effect of payment.--
2418	(8)  If the defendant is arrested and returned to the
2419	county of jurisdiction of the court prior to judgment, the
2420	clerk, upon affirmation by the sheriff or the chief correctional
2421	officer, shall, without further order of the court, discharge
2422	the forfeiture of the bond. However, if the surety agent fails
2423	to pay the costs and expenses incurred in returning the
2424	defendant to the county of jurisdiction, the clerk shall not
2425	discharge the forfeiture of the bond. If the surety agent and
2426	the sheriff state attorney fail to agree on the amount of said
2427	costs, then the court, after notice to the sheriff and the state
2428	attorney, shall determine the amount of the costs.
2429	Section 51.  Section 903.28, Florida Statutes, is amended
2430	to read:
2431	903.28  Remission of forfeiture; conditions.--
2432	(1)  On application within 2 years from forfeiture, the
2433	court shall order remission of the forfeiture if it determines
2434	that there was no breach of the bond.
2435	(2)  If the defendant surrenders or is apprehended within
2436	90 days after forfeiture, the court, on motion at a hearing upon
2437	notice having been given to the clerk of the circuit court
2438	county attorney and the state attorney as required in subsection
2439	(8), shall direct remission of up to, but not more than, 100
2440	percent of a forfeiture if the surety apprehended and
2441	surrendered the defendant or if the apprehension or surrender of
2442	the defendant was substantially procured or caused by the
2443	surety, or the surety has substantially attempted to procure or
2444	cause the apprehension or surrender of the defendant, and the
2445	delay has not thwarted the proper prosecution of the defendant.
2446	In addition, remission shall be granted when the surety did not
2447	substantially participate or attempt to participate in the
2448	apprehension or surrender of the defendant when the costs of
2449	returning the defendant to the jurisdiction of the court have
2450	been deducted from the remission and when the delay has not
2451	thwarted the proper prosecution of the defendant.
2452	(3)  If the defendant surrenders or is apprehended within
2453	180 days after forfeiture, the court, on motion at a hearing
2454	upon notice having been given to the clerk of the circuit court
2455	county attorney and the state attorney as required in subsection
2456	(8), shall direct remission of up to, but not more than, 95
2457	percent of a forfeiture if the surety apprehended and
2458	surrendered the defendant or if the apprehension or surrender of
2459	the defendant was substantially procured or caused by the
2460	surety, or the surety has substantially attempted to procure or
2461	cause the apprehension or surrender of the defendant, and the
2462	delay has not thwarted the proper prosecution of the defendant.
2463	In addition, remission shall be granted when the surety did not
2464	substantially participate or attempt to participate in the
2465	apprehension or surrender of the defendant when the costs of
2466	returning the defendant to the jurisdiction of the court have
2467	been deducted from the remission and when the delay has not
2468	thwarted the proper prosecution of the defendant.
2469	(4)  If the defendant surrenders or is apprehended within
2470	270 days after forfeiture, the court, on motion at a hearing
2471	upon notice having been given to the clerk of the circuit court
2472	county attorney and the state attorney as required in subsection
2473	(8), shall direct remission of up to, but not more than, 90
2474	percent of a forfeiture if the surety apprehended and
2475	surrendered the defendant or if the apprehension or surrender of
2476	the defendant was substantially procured or caused by the
2477	surety, or the surety has substantially attempted to procure or
2478	cause the apprehension or surrender of the defendant, and the
2479	delay has not thwarted the proper prosecution of the defendant.
2480	In addition, remission shall be granted when the surety did not
2481	substantially participate or attempt to participate in the
2482	apprehension or surrender of the defendant when the costs of
2483	returning the defendant to the jurisdiction of the court have
2484	been deducted from the remission and when the delay has not
2485	thwarted the proper prosecution of the defendant.
2486	(5)  If the defendant surrenders or is apprehended within 1
2487	year after forfeiture, the court, on motion at a hearing upon
2488	notice having been given to the clerk of the circuit court
2489	county attorney and the state attorney as required in subsection
2490	(8), shall direct remission of up to, but not more than, 85
2491	percent of a forfeiture if the surety apprehended and
2492	surrendered the defendant or if the apprehension or surrender of
2493	the defendant was substantially procured or caused by the
2494	surety, or the surety has substantially attempted to procure or
2495	cause the apprehension or surrender of the defendant, and the
2496	delay has not thwarted the proper prosecution of the defendant.
2497	In addition, remission shall be granted when the surety did not
2498	substantially participate or attempt to participate in the
2499	apprehension or surrender of the defendant when the costs of
2500	returning the defendant to the jurisdiction of the court have
2501	been deducted from the remission and when the delay has not
2502	thwarted the proper prosecution of the defendant.
2503	(6)  If the defendant surrenders or is apprehended within 2
2504	years after forfeiture, the court, on motion at a hearing upon
2505	notice having been given to the clerk of the circuit court
2506	county attorney and the state attorney as required in subsection
2507	(8), shall direct remission of up to, but not more than, 50
2508	percent of a forfeiture if the surety apprehended and
2509	surrendered the defendant or if the apprehension or surrender of
2510	the defendant was substantially procured or caused by the
2511	surety, or the surety has substantially attempted to procure or
2512	cause the apprehension or surrender of the defendant, and the
2513	delay has not thwarted the proper prosecution of the defendant.
2514	In addition, remission shall be granted when the surety did not
2515	substantially participate or attempt to participate in the
2516	apprehension or surrender of the defendant when the costs of
2517	returning the defendant to the jurisdiction of the court have
2518	been deducted from the remission and when the delay has not
2519	thwarted the proper prosecution of the defendant.
2520	(7)  The remission of a forfeiture may not be ordered for
2521	any reason other than as specified herein.
2522	(8)  An application for remission must be accompanied by
2523	affidavits setting forth the facts on which it is founded;
2524	however, the surety must establish by further documentation or
2525	other evidence any claimed attempt at procuring or causing the
2526	apprehension or surrender of the defendant before the court may
2527	order remission based upon an attempt to procure or cause such
2528	apprehension or surrender. The clerk of the circuit court and
2529	the state attorney must be given 20 days' notice before a
2530	hearing on an application and be furnished copies of all papers,
2531	applications, and affidavits. Remission shall be granted on the
2532	condition of payment of costs, unless the ground for remission
2533	is that there was no breach of the bond.
2534	(9)  The clerk of the circuit court may enter into a
2535	contract with a private attorney or into an interagency
2536	agreement with a governmental agency to represent the clerk of
2537	the court in an action for the remission of a forfeiture under
2538	this section.
2539	(10)  The clerk of the circuit court is the real party in
2540	interest for all appeals arising from an action for the
2541	remission of a forfeiture under this section.
2542	(11)  Upon remission of bond pursuant to this section, the
2543	clerk of the circuit court shall withhold any unpaid fines,
2544	fees, service charges, and court costs imposed as a matter of
2545	law or ordered by the court.
2546	Section 52.  Section 916.115, Florida Statutes, is amended
2547	to read:
2548	916.115  Appointment of experts.--
2549	(1)(a)  Annually, the department shall provide the courts
2550	with a list of mental health professionals who have completed
2551	approved training as experts.
2552	(b)  The court may appoint no more than three nor fewer
2553	than two experts to determine issues of the mental condition of
2554	a defendant in a criminal case, including the issues of
2555	competency to proceed, insanity, and involuntary hospitalization
2556	or placement. An expert The panel of experts may evaluate the
2557	defendant in jail or in another appropriate local facility.
2558	(c)  To the extent possible, an the appointed expert
2559	experts shall have completed forensic evaluator training
2560	approved by the department and be either a psychiatrist,
2561	licensed psychologist, or physician.
2562	(2)  Expert witnesses appointed by the court to evaluate
2563	the mental condition of a defendant in a criminal case shall be
2564	allowed reasonable fees for services rendered as evaluators of
2565	competence or sanity and as witnesses, which shall be paid by
2566	the county in which the indictment was found or the information
2567	or affidavit was filed.
2568	(a)1.  The court shall pay for any expert that it appoints
2569	by court order, upon motion of counsel for the defendant or the
2570	state or upon its own motion. If the defense or the state
2571	retains an expert and waives the confidentiality of the expert's
2572	report, the court may pay for no more than two additional
2573	experts appointed by court order. If an expert appointed by the
2574	court upon motion of counsel for the defendant specifically to
2575	evaluate the competence of the defendant to proceed also
2576	addresses in his or her evaluation issues related to sanity as
2577	an affirmative defense, the court shall pay only for that
2578	portion of the experts' fees relating to the evaluation on
2579	competency to proceed and the balance of the fees shall be
2580	chargeable to the defense.
2581	2.  Pursuant to s. 29.006, the office of the public
2582	defender shall pay for any expert retained by the office.
2583	3.  Pursuant to s. 29.005, the office of the state attorney
2584	shall pay for any expert retained by the office. Notwithstanding
2585	subparagraph 1., the office of the state attorney shall pay for
2586	any expert whom the office retains and whom the office moves the
2587	court to appoint in order to ensure that the expert has access
2588	to the defendant.
2589	4.  An expert retained by the defendant who is represented
2590	by private counsel appointed under s. 27.5303 shall be paid by
2591	the Justice Administrative Commission.
2592	5.  An expert retained by a defendant who is indigent for
2593	costs as determined by the court and who is represented by
2594	private counsel, other than private counsel appointed under s.
2595	27.5303, on a fee or pro bono basis, or who is representing
2596	himself or herself, shall be paid by the Justice Administrative
2597	Commission from funds specifically appropriated for these
2598	expenses.
2599	(b)  State employees shall be paid expenses pursuant to s.
2600	112.061.
2601	(c)  The fees shall be taxed as costs in the case.
2602	(d)  In order for an expert the experts to be paid for the
2603	services rendered, the expert's report reports and testimony
2604	must explicitly address each of the factors and follow the
2605	procedures set out in this chapter and in the Florida Rules of
2606	Criminal Procedure.
2607	Section 53.  Subsections (2), (3), and (4) of section
2608	916.12, Florida Statutes, are amended to read:
2609	916.12  Mental competence to proceed.--
2610	(2)  An expert The experts shall first determine whether
2611	the person is mentally ill and, if so, consider the factors
2612	related to the issue of whether the defendant meets the criteria
2613	for competence to proceed; that is, whether the defendant has
2614	sufficient present ability to consult with counsel with a
2615	reasonable degree of rational understanding and whether the
2616	defendant has a rational, as well as factual, understanding of
2617	the pending proceedings. A defendant must be evaluated by no
2618	fewer than two experts before the court commits the defendant or
2619	takes other action authorized by this chapter or the Florida
2620	Rules of Criminal Procedure, except if one expert finds that the
2621	defendant is incompetent to proceed and the parties stipulate to
2622	that finding, the court may commit the defendant or take other
2623	action authorized by this chapter or the rules without further
2624	evaluation or hearing, or the court may appoint no more than two
2625	additional experts to evaluate the defendant. Notwithstanding
2626	any stipulation by the state and the defendant, the court may
2627	require a hearing with testimony from the expert or experts
2628	before ordering the commitment of a defendant.
2629	(3)  In considering the issue of competence to proceed, an
2630	the examining expert experts shall first consider and
2631	specifically include in his or her their report the defendant's
2632	capacity to:
2633	(a)  Appreciate the charges or allegations against the
2634	defendant;
2635	(b)  Appreciate the range and nature of possible penalties,
2636	if applicable, that may be imposed in the proceedings against
2637	the defendant;
2638	(c)  Understand the adversarial nature of the legal
2639	process;
2640	(d)  Disclose to counsel facts pertinent to the proceedings
2641	at issue;
2642	(e)  Manifest appropriate courtroom behavior; and
2643	(f)  Testify relevantly;
2644
2645	and include in his or her their report any other factor deemed
2646	relevant by the expert experts.
2647	(4)  If an expert finds the experts should find that the
2648	defendant is incompetent to proceed, the expert experts shall
2649	report on any recommended treatment for the defendant to attain
2650	competence to proceed. In considering the issues relating to
2651	treatment, the examining expert experts shall specifically
2652	report on:
2653	(a)  The mental illness causing the incompetence;
2654	(b)  The treatment or treatments appropriate for the mental
2655	illness of the defendant and an explanation of each of the
2656	possible treatment alternatives in order of choices;
2657	(c)  The availability of acceptable treatment and, if
2658	treatment is available in the community, the expert shall so
2659	state in the report; and
2660	(d)  The likelihood of the defendant's attaining competence
2661	under the treatment recommended, an assessment of the probable
2662	duration of the treatment required to restore competence, and
2663	the probability that the defendant will attain competence to
2664	proceed in the foreseeable future.
2665	Section 54.  Subsection (7) of section 916.301, Florida
2666	Statutes, is amended to read:
2667	916.301  Appointment of experts.--
2668	(7)  Expert witnesses appointed by the court to evaluate
2669	the mental condition of a defendant in a criminal case shall be
2670	allowed reasonable fees for services rendered as evaluators and
2671	as witnesses, which shall be paid by the court county in which
2672	the indictment was found or the information or affidavit was
2673	filed. State employees shall be paid expenses pursuant to s.
2674	112.061. The fees shall be taxed as costs in the case. In order
2675	for the experts to be paid for the services rendered, the
2676	reports and testimony must explicitly address each of the
2677	factors and follow the procedures set out in this chapter and in
2678	the Florida Rules of Criminal Procedure.
2679	Section 55.  Paragraph (b) of subsection (2) of section
2680	938.29, Florida Statutes, is amended to read:
2681	938.29  Legal assistance; lien for payment of attorney's
2682	fees or costs.--
2683	(2)
2684	(b)  A judgment showing the name and residence of the
2685	defendant-recipient or parent shall be recorded in the public
2686	record, without cost, by filed for record in the office of the
2687	clerk of the circuit court in the county where the defendant-
2688	recipient or parent resides and in each county in which such
2689	defendant-recipient or parent then owns or later acquires any
2690	property. Such judgments shall be enforced on behalf of the
2691	state by the clerk of the circuit court of the county in which
2692	assistance was rendered.
2693	Section 56.  Section 939.06, Florida Statutes, is amended
2694	to read:
2695	939.06  Acquitted defendant not liable for costs.--
2696	(1)  A No defendant in a criminal prosecution who is
2697	acquitted or discharged is not shall be liable for any costs or
2698	fees of the court or any ministerial office, or for any charge
2699	of subsistence while detained in custody. If the defendant has
2700	shall have paid any taxable costs, or fees required under s.
2701	27.52(1)(b), in the case, the clerk or judge shall give him or
2702	her a certificate of the payment of such costs, with the items
2703	thereof, which, when audited and approved according to law,
2704	shall be refunded to the defendant.
2705	(2)  To receive a refund under this section, a defendant
2706	must submit a request for the refund to the Justice
2707	Administrative Commission on a form and in a manner prescribed
2708	by the commission. The defendant must attach to the form an
2709	order from the court demonstrating the defendant's right to the
2710	refund and the amount of the refund.
2711	Section 57.  Subsection (2) of section 985.05, Florida
2712	Statutes, is amended to read:
2713	985.05  Court records.--
2714	(2)  The clerk shall keep all official records required by
2715	this section separate from other records of the circuit court,
2716	except those records pertaining to motor vehicle violations,
2717	which shall be forwarded to the Department of Highway Safety and
2718	Motor Vehicles. Except as provided in ss. 943.053 and 985.04(4),
2719	official records required by this part are not open to
2720	inspection by the public, but may be inspected only upon order
2721	of the court by persons deemed by the court to have a proper
2722	interest therein, except that a child and the parents,
2723	guardians, or legal custodians of the child and their attorneys,
2724	law enforcement agencies, the Department of Juvenile Justice and
2725	its designees, the Parole Commission, and the Department of
2726	Corrections, and the Justice Administrative Commission shall
2727	always have the right to inspect and copy any official record
2728	pertaining to the child. The court may permit authorized
2729	representatives of recognized organizations compiling statistics
2730	for proper purposes to inspect, and make abstracts from,
2731	official records under whatever conditions upon the use and
2732	disposition of such records the court may deem proper and may
2733	punish by contempt proceedings any violation of those
2734	conditions.
2735	Section 58.  Paragraph (c) of subsection (4) of section
2736	985.201, Florida Statutes, is amended to read:
2737	985.201  Jurisdiction.--
2738	(4)
2739	(c)  The court may retain jurisdiction over a child and the
2740	child's parent or legal guardian whom the court has ordered to
2741	pay restitution until the restitution order is satisfied or
2742	until the court orders otherwise. To retain jurisdiction, the
2743	court shall enter a restitution order, which is separate from
2744	any disposition or order of commitment, on or prior to the date
2745	that If the court retains such jurisdiction after the date upon
2746	which the court's jurisdiction would cease under this section,
2747	it shall do so solely for the purpose of enforcing the
2748	restitution order. The contents of the restitution order shall
2749	be limited to the child's name and address, the name and address
2750	of the parent or legal guardian, the name and address of the
2751	payee, the case number, the date and amount of restitution
2752	ordered, any amount of restitution paid, the amount of
2753	restitution due and owing, and a notation that costs, interest,
2754	penalties, and attorney's fees may also be due and owing. The
2755	terms of the restitution order are subject to the provisions of
2756	s. 775.089(5).
2757	Section 59.  Compensation to traffic court witnesses.--Any
2758	party who secures the attendance of a witness in traffic court
2759	shall bear all costs of calling the witness, including witness
2760	fees. If the witness is required to testify on behalf of the
2761	prosecution, the office of the state attorney of the respective
2762	judicial circuit shall pay the fees and costs of calling the
2763	witness.
2764	Section 60.  Recovery of expenditures for state-funded
2765	services.--The trial court administrator of each circuit shall
2766	recover expenditures for state-funded services when those
2767	services have been furnished to a user of the state court system
2768	who possesses the present ability to pay. The rate of
2769	compensation for such services shall be the actual cost of the
2770	services, including the cost of recovery. The trial court
2771	administrator shall deposit moneys recovered under this section
2772	in the Grants and Donations Trust Fund within the state court
2773	system. The trial court administrator shall recover the costs of
2774	court-reporter services and transcription; court-interpreter
2775	services, including translation; and any other service for which
2776	state funds were used to provide a product or service within the
2777	circuit. This section does not authorize cost recovery from
2778	entities described in ss. 29.005, 29.006, and 29.007, Florida
2779	Statutes.
2780	Section 61.  The amendments to ss. 34.191(2) and
2781	318.21(2)(g)3., Florida Statutes, as made by this act are
2782	intended to reiterate the original intent of the Legislature in
2783	enacting such provisions of law.
2784	Section 62.  (1)  Effective July 1, 2006, section 29.014,
2785	Florida Statutes, is repealed.
2786	(2)  Section 318.37, Florida Statutes, is repealed.
2787	Section 63.  Except as otherwise provided herein, this act
2788	shall take effect July 1, 2005.

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