HB 7235

1	A bill to be entitled
2	An act relating to continuing implementation of
3	Constitutional Revision 7 to Article V; amending s. 27.51,
4	F.S.; revising certain criteria for persons to be
5	represented by the public defender without additional
6	compensation; providing an exception to a prohibition
7	against a court appointing the public defender to
8	represent a person who is not indigent; amending s. 27.52,
9	F.S.; providing an age limitation on persons seeking
10	appointment of a public defender based upon an inability
11	to pay; specifying conditions under which an additional
12	affidavit need not be filed; providing requirements for a
13	law enforcement officer or booking officer committing a
14	defendant to custody; providing for liability for fees,
15	costs, and charges of representation in delinquency
16	proceedings; expanding a provision imposing a lien;
17	amending s. 27.561, F.S.; deleting authorization for a
18	court to reduce or revoke attorney's fees or costs under
19	certain circumstances; requiring defendant-recipients or
20	parents defaulting on payment of attorney's fees or costs
21	to enroll in a payment plan under certain circumstances;
22	amending s. 28.24, F.S.; revising amounts and
23	distributions of the additional $4 services charge
24	relating to Comprehensive Case Management System of the
25	Florida Association of Court Clerks and Comptroller, Inc.,
26	court-related technology needs, the Court Technology Trust
27	Fund, court-related technology services, and the judicial
28	circuit technology strategic plan; requiring the
29	association to provide for an annual operational audit;
30	providing audit requirements; requiring submission of an
31	audit report to certain entities; authorizing the Joint
32	Legislative Auditing Committee to require the Auditor
33	General or other entity to conduct the audit; providing a
34	contingency for receipt of certain funds upon a memorandum
35	of agreement relating to ownership of the Comprehensive
36	Case Information System; providing for transfer of the
37	system to the state under certain circumstances; providing
38	criteria, requirements, and procedures relating to such
39	transfer; amending s. 28.35, F.S.; providing additional
40	duties of the Florida Clerks of Court Operations
41	Corporation; providing requirements for the corporation
42	and clerks of court relating to certain budget amendments;
43	amending s. 28.36, F.S.; correcting cross-references;
44	providing expenditure requirements for certain budgets;
45	providing expenditure recording and reporting requirements
46	for clerks; amending s. 29.008, F.S.; specifying
47	methodology, criteria, and procedures for determining
48	noncompliance of counties in funding court-related
49	functions; providing duties of a chief judge, the board of
50	county commissioners, the Executive Office of the
51	Governor, and the Administration Commission; revising
52	provisions for withholding certain revenue sharing
53	receipts by the Department of Revenue; providing
54	definitions; providing requirements and procedures for the
55	Department of Revenue relating to withholding of certain
56	funds to certain counties for certain fiscal years;
57	amending s. 29.0081, F.S.; specifying additional
58	provisions of an agreement for county funding of judicial
59	circuit personnel positions; amending s. 29.0086, F.S.;
60	providing an additional reporting requirement of the
61	Article V Technology Board; providing for future repeal of
62	the Article V Technology Board; creating s. 29.0087, F.S.;
63	establishing in each judicial circuit a Judicial Circuit
64	Article V Technology Advisory Council; providing for
65	membership; providing for terms; providing for serving
66	without compensation; providing for per diem and travel
67	expenses; providing for staff for the councils; providing
68	for meetings; providing duties; amending s. 44.103, F.S.;
69	providing additional requirements and procedures for
70	court-ordered nonbinding arbitration proceedings;
71	authorizing courts to assess certain costs against parties
72	requesting de novo trials after arbitration; providing
73	cost assessment criteria; providing a definition; amending
74	s. 218.245, F.S.; revising apportionment criteria for
75	revenue sharing distributions for certain local
76	governments; amending s. 318.18, F.S.; revising reporting
77	requirements for infraction or violation surcharge funds
78	used to finance court facilities; amending s. 903.286,
79	F.S.; requiring notice of the authority of the clerk of
80	court to withhold funds from return of certain cash bonds
81	for unpaid court fees, court costs, and criminal
82	penalties; prohibiting the clerk of court from withholding
83	certain unpaid court fees, costs, and criminal penalties
84	from certain cash bonds; amending s. 938.27, F.S.;
85	requiring convicted persons or parents of adjudicated
86	juveniles to enroll in certain prosecution cost-payment
87	plans; deleting certain cost-payment criteria; amending s.
88	938.29, F.S.; revising certain provisions for liability
89	for payment of attorney's fees and costs; amending s.
90	948.15, F.S.; requiring misdemeanor probation service
91	providers to establish a process for collecting certain
92	payments; providing for allocating certain payments among
93	outstanding obligations; renumbering s. 939.185, F.S., as
94	s. 938.195, F.S.; creating s. 938.065, F.S., by
95	transferring and amending s. 775.083(2), F.S.; providing
96	for financing county crime prevention programs from
97	certain court costs; amending s. 985.203, F.S.; revising
98	provisions providing for a child's right to counsel;
99	amending ss. 938.17, 938.19, 948.08, 948.16, and 985.306,
100	F.S.; correcting cross-references; providing an effective
101	date.
102
103	Be It Enacted by the Legislature of the State of Florida:
104
105	Section 1.  Paragraph (c) of subsection (1) and subsection
106	(2) of section 27.51, Florida Statutes, are amended to read:
107	27.51  Duties of public defender.--
108	(1)  The public defender shall represent, without
109	additional compensation, any person determined to be indigent
110	under s. 27.52 and:
111	(c)  Who is a child taken into custody for a felony or
112	misdemeanor or for criminal contempt or is facing delinquency
113	proceedings under chapter 985 Alleged to be a delinquent child
114	pursuant to a petition filed before a circuit court;
115	(2)  Except as provided in 985.203, the court may not
116	appoint the public defender to represent, even on a temporary
117	basis, any person who is not indigent. The court, however, may
118	appoint private counsel in capital cases as provided in ss.
119	27.40 and 27.5303.
120	Section 2.  Subsection (1), paragraph (a) of subsection
121	(2), and subsection (6) of section 27.52, Florida Statutes, are
122	amended to read:
123	27.52  Determination of indigent status.--
124	(1)  APPLICATION TO THE CLERK.--A person 18 years of age or
125	older seeking appointment of a public defender under s. 27.51
126	based upon an inability to pay must apply to the clerk of the
127	court for a determination of indigent status using an
128	application form developed by the Florida Clerks of Court
129	Operations Corporation with final approval by the Supreme Court.
130	An additional affidavit need not be filed if appointment is
131	being sought under s. 27.51(1)(f) and the public defender or
132	private court-appointed counsel had already been appointed for a
133	matter arising under s. 27.51(1)(a)-(e). No affidavit of
134	indigency shall be required of a minor.
135	(a)  The application must include, at a minimum, the
136	following financial information:
137	1.  Net income, consisting of total salary and wages, minus
138	deductions required by law, including court-ordered support
139	payments.
140	2.  Other income, including, but not limited to, social
141	security benefits, union funds, veterans' benefits, workers'
142	compensation, other regular support from absent family members,
143	public or private employee pensions, unemployment compensation,
144	dividends, interest, rent, trusts, and gifts.
145	3.  Assets, including, but not limited to, cash, savings
146	accounts, bank accounts, stocks, bonds, certificates of deposit,
147	equity in real estate, and equity in a boat or a motor vehicle
148	or in other tangible property.
149	4.  All liabilities and debts.
150	5.  If applicable, the amount of any bail paid for the
151	applicant's release from incarceration and the source of the
152	funds.
153
154	The application must include a signature by the applicant which
155	attests to the truthfulness of the information provided. The
156	application form developed by the corporation must include
157	notice that the applicant may seek court review of a clerk's
158	determination that the applicant is not indigent, as provided in
159	this section.
160	(b)  An applicant shall pay a $40 application fee to the
161	clerk for each application for court-appointed counsel filed.
162	The applicant shall pay the fee within 7 days after submitting
163	the application. If the applicant does not pay the fee prior to
164	the disposition of the case, the clerk shall notify the court,
165	and the court shall:
166	1.  Assess the application fee as part of the sentence or
167	as a condition of probation; or
168	2.  Assess the application fee pursuant to s. 938.29.
169	(c)  Notwithstanding any provision of law, court rule, or
170	administrative order, the clerk shall assign the first $40 of
171	any fees or costs paid by an indigent person as payment of the
172	application fee. A person found to be indigent may not be
173	refused counsel or other required due process services for
174	failure to pay the fee.
175	(d)  All application fees collected by the clerk under this
176	section shall be transferred monthly by the clerk to the
177	Department of Revenue for deposit in the Indigent Criminal
178	Defense Trust Fund administered by the Justice Administrative
179	Commission, to be used to as appropriated by the Legislature.
180	The clerk may retain 2 percent of application fees collected
181	monthly for administrative costs prior to remitting the
182	remainder to the Department of Revenue.
183	(e)1.  The clerk shall assist a person who appears before
184	the clerk and requests assistance in completing the application,
185	and the clerk shall notify the court if a person is unable to
186	complete the application after the clerk has provided
187	assistance.
188	2.  The law enforcement officer or booking officer who
189	commits a defendant to custody shall immediately advise the
190	defendant of the right to counsel. If the defendant requests
191	counsel or advises the officer that he or she cannot afford
192	counsel, the officer shall immediately and effectively place the
193	defendant in communication with the Office of the Public
194	Defender of the circuit in which the arrest is made or the
195	booking takes place. If the person seeking appointment of a
196	public defender is incarcerated, the public defender is
197	responsible for providing the application to the person and
198	assisting him or her in its completion and is responsible for
199	submitting the application to the clerk on the person's behalf.
200	The public defender may enter into an agreement for jail
201	employees, pretrial services employees, or employees of other
202	criminal justice agencies to assist the public defender in
203	performing functions assigned to the public defender under this
204	subparagraph.
205	(2)  DETERMINATION BY THE CLERK.--The clerk of the court
206	shall determine whether an applicant seeking appointment of a
207	public defender is indigent based upon the information provided
208	in the application and the criteria prescribed in this
209	subsection.
210	(a)1.  An applicant, including an applicant who is a minor
211	or an adult tax-dependent person, is indigent if the applicant's
212	income is equal to or below 200 percent of the then-current
213	federal poverty guidelines prescribed for the size of the
214	household of the applicant by the United States Department of
215	Health and Human Services or if the person is receiving
216	Temporary Assistance for Needy Families-Cash Assistance,
217	poverty-related veterans' benefits, or Supplemental Security
218	Income (SSI).
219	2.  There is a presumption that the applicant is not
220	indigent if the applicant owns, or has equity in, any intangible
221	or tangible personal property or real property or the expectancy
222	of an interest in any such property having a net equity value of
223	$2,500 or more, excluding the value of the person's homestead
224	and one vehicle having a net value not exceeding $5,000.
225	(6)  DUTIES OF PARENT OR LEGAL GUARDIAN.--A nonindigent
226	parent or legal guardian of an applicant who is a minor or an
227	adult tax-dependent person shall furnish the minor or adult tax-
228	dependent person with the necessary legal services and costs
229	incident to a delinquency proceeding or, upon transfer of such
230	person for criminal prosecution as an adult pursuant to chapter
231	985, a criminal prosecution in which the person has a right to
232	legal counsel under the Constitution of the United States or the
233	Constitution of the State of Florida. The failure of a parent or
234	legal guardian to furnish legal services and costs under this
235	section does not bar the appointment of legal counsel pursuant
236	to this section, s. 27.40, or s. 27.5303. When the public
237	defender, a private court-appointed conflict counsel, or a
238	private attorney is appointed to represent a minor or an adult
239	tax-dependent person in any proceeding in circuit court or in a
240	criminal or delinquency proceeding in any other court, the
241	parents or the legal guardian shall be liable for payment of the
242	fees, charges, and costs of the representation even if the
243	person is a minor being tried as an adult. Liability for the
244	fees, charges, and costs of the representation shall be imposed
245	in the form of a lien against the property of the nonindigent
246	parents or legal guardian of the minor or adult tax-dependent
247	person. The lien is enforceable as provided in s. 27.561 or s.
248	938.29.
249	Section 3.  Subsection (3) of section 27.561, Florida
250	Statutes, is amended to read:
251	27.561  Effect of nonpayment.--
252	(3)  If it appears to the satisfaction of the court that
253	the default in the payment of the attorney's fees or costs is
254	not contempt, the court may enter an order allowing the
255	defendant-recipient or parent additional time for, or reducing
256	the amount of, payment or revoking the assessed attorney's fees
257	or costs, or the unpaid portion thereof, in whole or in part. If
258	the court allows additional time for payment, the defendant-
259	recipient or parent shall be enrolled in a payment plan pursuant
260	to s. 28.246(4).
261	Section 4.  Paragraph (e) of subsection (12) of section
262	28.24, Florida Statutes, is amended to read:
263	28.24  Service charges by clerk of the circuit court.--The
264	clerk of the circuit court shall charge for services rendered by
265	the clerk's office in recording documents and instruments and in
266	performing the duties enumerated in amounts not to exceed those
267	specified in this section. Notwithstanding any other provision
268	of this section, the clerk of the circuit court shall provide
269	without charge to the state attorney, public defender, guardian
270	ad litem, public guardian, attorney ad litem, and court-
271	appointed counsel paid by the state, and to the authorized staff
272	acting on behalf of each, access to and a copy of any public
273	record, if the requesting party is entitled by law to view the
274	exempt or confidential record, as maintained by and in the
275	custody of the clerk of the circuit court as provided in general
276	law and the Florida Rules of Judicial Administration. The clerk
277	of the circuit court may provide the requested public record in
278	an electronic format in lieu of a paper format when capable of
279	being accessed by the requesting entity.
280
281	Charges
282
283	(12)  For recording, indexing, and filing any instrument
284	not more than 14 inches by 81/2 inches, including required
285	notice to property appraiser where applicable:
286	(e)  An additional service charge of $4 per page shall be
287	paid to the clerk of the circuit court for each instrument
288	listed in s. 28.222, except judgments received from the courts
289	and notices of lis pendens, recorded in the official records.
290	From the additional $4 service charge collected:
291	1.a.  If the counties maintain legal responsibility for the
292	costs of the court-related technology needs as defined in s.
293	29.008(1)(f)2. and (h):
294	(I)  Five, 10 cents shall be distributed to the Florida
295	Association of Court Clerks and Comptroller, Inc., for the cost
296	of development, implementation, operation, and maintenance of
297	the clerks' Comprehensive Case Information System, in which
298	system all clerks shall participate on or before January 1,
299	2006. The Florida Association of Court Clerks and Comptroller,
300	Inc., shall provide for an annual operational audit, as defined
301	in s. 11.45(1)(g), of its financial accounts and records
302	relating to the Comprehensive Case Information System fees by an
303	independent certified public accountant. Such audit shall be
304	performed in accordance with Government Auditing Standards as
305	adopted by the State Board of Accountancy and include a
306	determination as to whether the fees distributed to the Florida
307	Association of Court Clerks and Comptroller, Inc., were expended
308	solely for the purposes stated in this sub-sub-subparagraph. The
309	annual audit report shall be submitted within 90 days after the
310	end of the association's fiscal year to the Governor's Office,
311	the appropriations committees of the Senate and the House of
312	Representatives, and the Auditor General for review. However, at
313	its discretion, the Joint Legislative Auditing Committee may
314	require the Auditor General or other entity to conduct the
315	audit;
316	(II)  One dollar and ninety cents; $1.90 shall be retained
317	by the clerk to be deposited in the Public Records Modernization
318	Trust Fund and used exclusively for funding court-related
319	technology needs of the clerk as defined in s. 29.008(1)(f)2.
320	and (h);
321	(III)  Prior to April 1, 2007, and $2 shall be distributed
322	to the board of county commissioners to be used exclusively to
323	fund court-related technology, and court technology needs as
324	defined in s. 29.008(1)(f)2. and (h) for the state trial courts,
325	state attorney, and public defender in that county, and five
326	cents shall be distributed to the Court Technology Trust Fund to
327	provide oversight of court-related technology services provided
328	by the counties; and
329	(IV)  Effective April 1, 2007, $2.05 shall be distributed
330	to the Court Technology Trust Fund to be used to prepare the
331	judicial circuit technology strategic plan required by s.
332	29.0087, provide oversight of court-related technology services
333	provided by the counties, and be disbursed to counties as state
334	financial assistance to assist the counties with the costs of
335	providing court-related technology and court technology needs as
336	defined in s. 29.008(1)(f)2. and (h) for the state trial courts,
337	state attorney, and public defender in that county. Counties
338	shall agree to use funds in conformance with the judicial
339	circuit technology strategic plan required by s. 29.0087 as
340	approved by the chief judge in order to be eligible for state
341	financial assistance from the Court Technology Trust Fund. The
342	amount provided to each county from the Court Technology Trust
343	Fund shall be equal to each county's percentage of total
344	collections of the additional recording fee required by this
345	section applied to the total amount available to be distributed
346	to counties. If a county is not eligible to receive funds from
347	the Court Technology Trust Fund, the funds that would have
348	otherwise been distributed to the county shall remain in the
349	Court Technology Trust Fund to be used as appropriated by the
350	Legislature.
351	b.  If the counties maintain legal responsibility for the
352	costs of the court-related technology needs as defined in s.
353	29.008(1)(f)2. and (h), notwithstanding any other provision of
354	law, the county is not required to provide additional funding
355	beyond that provided herein for the court-related technology
356	needs of the clerk as defined in s. 29.008(1)(f)2. and (h). All
357	court records and official records are the property of the State
358	of Florida, including any records generated as part of the
359	Comprehensive Case Information System funded pursuant to this
360	paragraph and the clerk of court is designated as the custodian
361	of such records, except in a county where the duty of
362	maintaining official records exists in a county office other
363	than the clerk of court or comptroller, such county office is
364	designated the custodian of all official records, and the clerk
365	of court is designated the custodian of all court records. The
366	clerk of court or any entity acting on behalf of the clerk of
367	court, including an association, shall not charge a fee to any
368	agency as defined in s. 119.011, the Legislature, or the State
369	Court System for copies of records generated by the
370	Comprehensive Case Information System or held by the clerk of
371	court or any entity acting on behalf of the clerk of court,
372	including an association. In order to protect the financial
373	investment made by the state in the Comprehensive Case
374	Information System, the receipt of the funding provided pursuant
375	to sub-sub-subparagraph a.(I) to the Florida Association of
376	Court Clerks and Comptroller, Inc., for the Comprehensive Case
377	Information System shall be contingent on the Florida
378	Association of Court Clerks and Comptroller, Inc., entering into
379	a memorandum of agreement with the state providing that
380	ownership of the Comprehensive Case Information System,
381	including all associated hardware, source code, executable
382	software, and data or databases stored by the Comprehensive Case
383	Information System, shall be transferred to the state if the
384	Florida Association of Court Clerks and Comptroller, Inc., is
385	dissolved, decides to discontinue providing the Comprehensive
386	Case Information System, or otherwise fails to maintain,
387	support, and provide the Comprehensive Case Information System
388	in accordance with the requirements of this section. Upon
389	entering into such memorandum of agreement, a copy of the
390	current version of the Comprehensive Case Information System
391	source code, executable software, data or databases stored by
392	the Comprehensive Case Information System, and documentation
393	shall be placed in escrow with the state named as beneficiary.
394	Upon the deployment of a new major release, or at least annually
395	if there is no new major release, the most current Comprehensive
396	Case Information System source code, executable software, data
397	or databases stored by the Comprehensive Case Information
398	System, and documentation shall be placed in escrow. This
399	Comprehensive Case Information System source code, executable
400	software, data or databases stored by the Comprehensive Case
401	Information System, and documentation shall be reviewed no less
402	than once a year and jointly by representatives of the state and
403	the Florida Association of Court Clerks and Comptroller, Inc.,
404	to ensure currency and completeness. Upon any transfer of
405	ownership of the Comprehensive Case Information System to the
406	state, all rights to intellectual property owned by the Florida
407	Association of Court Clerks and Comptroller, Inc., relating to
408	the Comprehensive Case Information System shall transfer to the
409	state.
410	2.  If the state becomes legally responsible for the costs
411	of court-related technology needs as defined in s.
412	29.008(1)(f)2. and (h), whether by operation of general law or
413	by court order, $4 shall be remitted to the Department of
414	Revenue for deposit into the General Revenue Fund.
415	Section 5.  Paragraphs (h) and (i) are added to subsection
416	(2) of section 28.35, Florida Statutes, paragraph (e) of that
417	subsection is amended, subsections (4) through (7) of that
418	section are renumbered as subsections (5) through (8),
419	respectively, and a new subsection (4) is added to that section,
420	to read:
421	28.35  Florida Clerks of Court Operations Corporation.--
422	(2)  The duties of the corporation shall include the
423	following:
424	(e)  Developing and certifying a uniform system of
425	performance measures and applicable performance standards for
426	the functions specified in paragraph (5)(4)(a) and clerk
427	performance in meeting the performance standards. These measures
428	and standards shall be designed to facilitate an objective
429	determination of the performance of each clerk in accordance
430	with minimum standards for fiscal management, operational
431	efficiency, and effective collection of fines, fees, service
432	charges, and court costs. When the corporation finds a clerk has
433	not met the performance standards, the corporation shall
434	identify the nature of each deficiency and any corrective action
435	recommended and taken by the affected clerk of the court.
436	(h)  Receiving reports from each clerk of court in a format
437	specified by the corporation that allows reconciliation of the
438	expenses of a clerk to the clerk's certified budget.
439	(i)  Providing information regarding the budgets and
440	expenditures of clerks and any other fiscal data related to the
441	corporation and performance of court-related clerk duties upon
442	request by a committee of the Legislature, the Governor, or the
443	Office of the State Courts Administrator. The contract between
444	the corporation and the Department of Financial Services shall
445	provide that the failure of the corporation to comply with this
446	paragraph shall result in the withholding by the department of
447	not less than 5 percent of the total funding provided to the
448	corporation pursuant to the terms of the contract. Clerks of
449	court shall provide any information requested by the corporation
450	in accordance with this paragraph.
451	(4)  The corporation shall provide notice to the
452	appropriations committees of the Senate and the House of
453	Representatives of any change to a certified budget within 20
454	days after such change. Clerks of court shall provide
455	information to the corporation regarding any change to a
456	certified budget within 10 days after such change.
457	Section 6.  Subsections (1) through (5) of section 28.36,
458	Florida Statutes, are amended, and subsection (8) is added to
459	that section, to read:
460	28.36  Budget procedure.--There is hereby established a
461	budget procedure for the court-related functions of the clerks
462	of the court.
463	(1)  Only those functions on the standard list developed
464	pursuant to s. 28.35(5)(4)(a) may be funded from fees, service
465	charges, court costs, and fines retained by the clerks of the
466	court. No clerk may use fees, service charges, court costs, and
467	fines in excess of the maximum budget amounts as established in
468	subsection (5).
469	(2)  For the period July 1, 2004, through September 30,
470	2004, and for each county fiscal year ending September 30
471	thereafter, each clerk of the court shall prepare a budget
472	relating solely to the performance of the standard list of
473	court-related functions pursuant to s. 28.35(5)(4)(a).
474	(3)  Each proposed budget shall further conform to the
475	following requirements:
476	(a)  On or before August 15 for each fiscal year
477	thereafter, the proposed budget shall be prepared, summarized,
478	and submitted by the clerk in each county to the Clerks of Court
479	Operations Corporation in the manner and form prescribed by the
480	corporation. The proposed budget must provide detailed
481	information on the anticipated revenues available and
482	expenditures necessary for the performance of the standard list
483	of court-related functions of the clerk's office developed
484	pursuant to s. 28.35(5)(4)(a) for the county fiscal year
485	beginning the following October 1.
486	(b)  The proposed budget must be balanced, such that the
487	total of the estimated revenues available equals must equal or
488	exceeds exceed the total of the anticipated expenditures. These
489	revenues include the following: cash balances brought forward
490	from the prior fiscal period; revenue projected to be received
491	from fees, service charges, court costs, and fines for court-
492	related functions during the fiscal period covered by the
493	budget; and supplemental revenue that may be requested pursuant
494	to subsection (4). Both proposed and certified budgets shall
495	clearly identify expenditures by object and subobject
496	classifications as specified in the uniform accounting system
497	chart of accounts adopted by the Department of Financial
498	Services in accordance with s. 218.33 and the number of full-
499	time equivalent positions. A budget shall specifically list any
500	nonrecurring expenditures, including, but not limited to,
501	employee bonuses and equipment purchases. The budget shall also
502	specify details of any general changes to salaries and benefits,
503	such as cost-of-living increases in salaries and improvements in
504	benefits. The anticipated expenditures must be itemized as
505	required by the corporation, pursuant to contract with the Chief
506	Financial Officer.
507	(c)  The proposed budget may include a contingency reserve
508	not to exceed 10 percent of the total budget, provided that,
509	overall, the proposed budget does not exceed the limits
510	prescribed in subsection (5).
511	(4)  If a clerk of the court estimates that available funds
512	plus projected revenues from fines, fees, service charges, and
513	costs for court-related services are insufficient to meet the
514	anticipated expenditures for the standard list of court-related
515	functions in s. 28.35(5)(4)(a) performed by his or her office,
516	the clerk must report the revenue deficit to the Clerks of Court
517	Operations Corporation in the manner and form prescribed by the
518	corporation pursuant to contract with the Chief Financial
519	Officer. The corporation shall verify that the proposed budget
520	is limited to the standard list of court-related functions in s.
521	28.35(5)(4)(a).
522	(a)  If the corporation verifies that the proposed budget
523	is limited to the standard list of court-related functions in s.
524	28.35(5)(4)(a) and a revenue deficit is projected, a clerk
525	seeking to retain revenues pursuant to this subsection shall
526	increase all fees, service charges, and any other court-related
527	clerk fees and charges to the maximum amounts specified by law
528	or the amount necessary to resolve the deficit, whichever is
529	less. If, after increasing fees, service charges, and any other
530	court-related clerk fees and charges to the maximum amounts
531	specified by law, a revenue deficit is still projected, the
532	corporation shall, pursuant to the terms of the contract with
533	the Chief Financial Officer, certify a revenue deficit and
534	notify the Department of Revenue that the clerk is authorized to
535	retain revenues, in an amount necessary to fully fund the
536	projected revenue deficit, which he or she would otherwise be
537	required to remit to the Department of Revenue for deposit into
538	the Department of Revenue Clerks of the Court Trust Fund
539	pursuant to s. 28.37. If a revenue deficit is projected for that
540	clerk after retaining all of the projected collections from the
541	court-related fines, fees, service charges, and costs, the
542	Department of Revenue shall certify the amount of the revenue
543	deficit amount to the Executive Office of the Governor and
544	request release authority for funds appropriated for this
545	purpose from the Department of Revenue Clerks of the Court Trust
546	Fund. Notwithstanding provisions of s. 216.192 related to the
547	release of funds, the Executive Office of the Governor may
548	approve the release of funds appropriated to resolve projected
549	revenue deficits in accordance with the notice, review, and
550	objection procedures set forth in s. 216.177 and shall provide
551	notice to the Chief Financial Officer. The Department of Revenue
552	is directed to request monthly distributions from the Chief
553	Financial Officer in equal amounts to each clerk certified to
554	have a revenue deficit, in accordance with the releases approved
555	by the Governor.
556	(b)  If the Chief Financial Officer finds the court-related
557	budget proposed by a clerk includes functions not included in
558	the standard list of court-related functions in s.
559	28.35(5)(4)(a), the Chief Financial Officer shall notify the
560	clerk of the amount of the proposed budget not eligible to be
561	funded from fees, service charges, costs, and fines for court-
562	related functions and shall identify appropriate corrective
563	measures to ensure budget integrity. The clerk shall then
564	immediately discontinue all ineligible expenditures of court-
565	related funds for this purpose and reimburse the Clerks of the
566	Court Trust Fund for any previously ineligible expenditures made
567	for non-court-related functions, and shall implement any
568	corrective actions identified by the Chief Financial Officer.
569	(5)(a)  For the county fiscal year October 1, 2004, through
570	September 30, 2005, the maximum annual budget amount for the
571	standard list of court-related functions of the clerks of court
572	in s. 28.35(5)(4)(a) that may be funded from fees, service
573	charges, court costs, and fines retained by the clerks of the
574	court shall not exceed:
575	1.  One hundred and three percent of the clerk's estimated
576	expenditures for the prior county fiscal year; or
577	2.  One hundred and five percent of the clerk's estimated
578	expenditures for the prior county fiscal year for those clerks
579	in counties that for calendar years 1998-2002 experienced an
580	average annual increase of at least 5 percent in both population
581	and case filings for all case types as reported through the
582	Summary Reporting System used by the state courts system.
583	(b)  For the county fiscal year 2005-2006, the maximum
584	budget amount for the standard list of court-related functions
585	of the clerks of court in s. 28.35(5)(4)(a) that may be funded
586	from fees, service charges, court costs, and fines retained by
587	the clerks of the court shall be the approved budget for county
588	fiscal year 2004-2005 adjusted by the projected percentage
589	change in revenue between the county fiscal years 2004-2005 and
590	2005-2006.
591	(c)  For the county fiscal years 2006-2007 and thereafter,
592	the maximum budget amount for the standard list of court-related
593	functions of the clerks of court in s. 28.35(5)(4)(a) that may
594	be funded from fees, service charges, court costs, and fines
595	retained by the clerks of the court shall be established by
596	first rebasing the prior fiscal year budget to reflect the
597	actual percentage change in the prior fiscal year revenue and
598	then adjusting the rebased prior fiscal year budget by the
599	projected percentage change in revenue for the proposed budget
600	year. The rebasing calculations and maximum annual budget
601	calculations shall be as follows:
602	1.  For county fiscal year 2006-2007, the approved budget
603	for county fiscal year 2004-2005 shall be adjusted for the
604	actual percentage change in revenue between the two 12-month
605	periods ending June 30, 2005, and June 30, 2006. This result is
606	the rebased budget for the county fiscal year 2005-2006. Then
607	the rebased budget for the county fiscal year 2005-2006 shall be
608	adjusted by the projected percentage change in revenue between
609	the county fiscal years 2005-2006 and 2006-2007. This result
610	shall be the maximum annual budget amount for the standard list
611	of court-related functions of the clerks of court in s.
612	28.35(5)(4)(a) that may be funded from fees, service charges,
613	court costs, and fines retained by the clerks of the court for
614	each clerk for the county fiscal year 2006-2007.
615	2.  For county fiscal year 2007-2008, the rebased budget
616	for county fiscal year 2005-2006 shall be adjusted for the
617	actual percentage change in revenue between the two 12-month
618	periods ending June 30, 2006, and June 30, 2007. This result is
619	the rebased budget for the county fiscal year 2006-2007. The
620	rebased budget for county fiscal year 2006-2007 shall be
621	adjusted by the projected percentage change in revenue between
622	the county fiscal years 2006-2007 and 2007-2008. This result
623	shall be the maximum annual budget amount for the standard list
624	of court-related functions of the clerks of court in s.
625	28.35(5)(4)(a) that may be funded from fees, service charges,
626	court costs, and fines retained by the clerks of the court for
627	county fiscal year 2007-2008.
628	3.  For county fiscal years 2008-2009 and thereafter, the
629	maximum budget amount for the standard list of court-related
630	functions of the clerks of court in s. 28.35(5)(4)(a) that may
631	be funded from fees, service charges, court costs, and fines
632	retained by the clerks of the court shall be calculated as the
633	rebased budget for the prior county fiscal year adjusted by the
634	projected percentage change in revenues between the prior county
635	fiscal year and the county fiscal year for which the maximum
636	budget amount is being authorized. The rebased budget for the
637	prior county fiscal year shall always be calculated by adjusting
638	the rebased budget for the year preceding the prior county
639	fiscal year by the actual percentage change in revenues between
640	the 12-month period ending June 30 of the year preceding the
641	prior county fiscal year and the 12-month period ending June 30
642	of the prior county fiscal year.
643	(8)  Each clerk shall record and report actual expenditures
644	in a format specified by the Clerks of Court Operations
645	Corporation that allows reconciliation to the clerk's budget as
646	certified by the corporation. The clerk shall submit reports of
647	such expenditures to the corporation upon request but at least
648	quarterly.
649	Section 7.  Subsection (4) of section 29.008, Florida
650	Statutes, is amended, and subsection (5) is added to that
651	section, to read:
652	29.008  County funding of court-related functions.--
653	(4)(a)1.  A county may be determined by the Administration
654	Commission not to be in compliance with its responsibility to
655	fund court-related functions and to be subject to withholding of
656	funds by the Department of Revenue if:
657	a.  The total amount budgeted or expended by the county for
658	any item specified in paragraph (1)(c) or (d) or subsection (3)
659	in the upcoming, current, or previous county fiscal year, as
660	appropriate, or the total amount budgeted or expended for any
661	item specified in paragraph (1)(a), (e), (f), (g), or (h) minus
662	nonrecurring expenditures for that same item by the county in
663	the upcoming, current, or previous county fiscal year, as
664	appropriate, is less than the base year spending, plus 1.5
665	percent growth per year. Base year spending shall be determined
666	as follows:
667	(I)  For each item specified in paragraph (1)(c) or (d) or
668	subsection (3), the base year spending shall be the total amount
669	spent for that item in county fiscal year 2002-2003.
670	(II)  For each item specified in paragraph (1)(a), (e),
671	(f), (g), or (h), the base year spending shall be the total
672	amount spent for that item in county fiscal year 2002-2003 minus
673	nonrecurring expenditures for that item in county fiscal year
674	2002-2003.
675	b.  The chief judge certifies that deficiencies do or will
676	exist in the functioning of the circuit court due to the lack of
677	sufficient budget or expenditures for that item.
678	2.  The process for determining whether a county is not in
679	compliance with its funding responsibilities shall be as
680	follows:
681	a.  The chief judge shall identify in writing the specific
682	deficiencies the chief judge certifies will be experienced or
683	have been experienced by the circuit court associated with the
684	county's lack of sufficient funding for that item, the
685	recommended corrections, and an estimate of the funding required
686	for such corrections and shall furnish this statement to the
687	board of county commissioners.
688	b.  The board shall provide a response in writing to the
689	chief judge. If the board chooses not to amend its budget or
690	make expenditures to provide funding sufficient to equal or
691	exceed the funding for the item in the base year plus 1.5
692	percent growth per year or remedy the specific deficiencies
693	identified by the chief judge, whichever is less, within 30 days
694	after receiving written notice of such action by the board, the
695	chief judge may notify the Administration Commission of the
696	alleged deficiency and explain the expected impact on the
697	ability of the court to perform the court's constitutional and
698	statutory functions. The notice shall set forth, in the form and
699	manner prescribed by the Executive Office of the Governor and
700	approved by the Administration Commission, the specific
701	deficiencies, an estimate of the funding required to resolve the
702	deficiencies, expenditures made by the county in the base year
703	for the items, and the amount budgeted or amount expended for
704	the items. The notice shall be provided to the Executive Office
705	of the Governor and the board. The board shall have 5 days from
706	receipt of the notice to provide to the Executive Office of the
707	Governor a reply to the notice, and the board shall provide a
708	copy of such reply to the chief judge.
709	c.  Upon receipt of the notice, the Executive Office of the
710	Governor shall provide for a budget hearing at which the matters
711	presented in the notice and the reply shall be considered. A
712	report of the findings and recommendations of the Executive
713	Office of the Governor on such matters shall be promptly
714	submitted to the Administration Commission, which, within 30
715	days, shall approve the action of the board as to each separate
716	item or direct the Department of Revenue to withhold revenue
717	sharing funds as provided in paragraph (c) in an amount
718	determined by the Administration Commission to be sufficient to
719	remedy the deficiency; however, in no case shall the amount
720	withheld, when combined with the amount budgeted or expended, as
721	appropriate, be greater than the minimum required to be budgeted
722	or expended by a county under subparagraph 1. to avoid being
723	determined not to be in compliance with its responsibilities to
724	fund court-related functions. The determination of the
725	Administration Commission shall be final and shall be provided
726	in writing to the chief judge, the board, and the Department of
727	Revenue.
728	(b)  A county may be determined by the Administration
729	Commission not to be in compliance with its funding
730	responsibilities pursuant to the receipt of funds under s.
731	28.24(12)(e)1.a.(IV) and to be subject to withholding of funds
732	by the Department of Revenue. The process for determining
733	whether a county is not in compliance with its funding
734	responsibilities shall be as follows:
735	1.  The chief judge shall certify in writing that the
736	county has not complied with its responsibilities pursuant to
737	the receipt of funds under s. 28.24(12)(e)1.a.(IV) and identify
738	the recommended corrections and shall furnish this statement to
739	the board of county commissioners.
740	2.  The board shall provide a response in writing to the
741	chief judge. If the board chooses not to make expenditures to
742	comply with its funding responsibilities under s.
743	28.24(12)(e)1.a.(IV), within 30 days after receiving written
744	notice of such action by the board, the chief judge may notify
745	the Administration Commission of the alleged lack of compliance.
746	The notice shall set forth, in the form and manner prescribed by
747	the Executive Office of the Governor and approved by the
748	Administration Commission, the specific actions taken by the
749	board that are not in compliance with the funding
750	responsibilities under s. 28.24(12)(e)1.a.(IV), the recommended
751	corrections, and the total funding received by the county
752	pursuant to s. 28.24(12)(e)1.a.(IV) for the fiscal year
753	addressed by the judicial circuit technology strategic plan. The
754	notice shall be provided to the Executive Office of the Governor
755	and the board. The board shall have 5 days from receipt of the
756	notice to provide to the Executive Office of the Governor a
757	reply to the notice, and the board shall provide a copy of such
758	reply to the chief judge.
759	3.  Upon receipt of the notice, the Executive Office of the
760	Governor shall provide for a budget hearing at which the matters
761	presented in the notice and the reply shall be considered. A
762	report of the findings and recommendations of the Executive
763	Office of the Governor on such matters shall be promptly
764	submitted to the Administration Commission, which, within 30
765	days, shall approve the action of the board or direct the
766	Department of Revenue to withhold revenue sharing funds as
767	provided in paragraph (c) in an amount determined by the
768	Administration Commission to compensate for the county's lack of
769	compliance with its funding responsibilities pursuant to s.
770	28.24(12)(e)1.a.(IV). The determination of the Administration
771	Commission shall be final and shall be provided in writing to
772	the chief judge, the board, and the Department of Revenue.
773	(c)1.  If the Administration Commission determines that the
774	board shall provide additional funding to fulfill its
775	responsibilities under paragraphs (a) and (b), the commission
776	shall direct Except for revenues used for the payment of
777	principal or interest on bonds, tax anticipation certificates,
778	or any other form of indebtedness as allowed under s.
779	218.25(1),(2) or (4), the Department of Revenue to shall
780	withhold revenue sharing receipts distributed pursuant to part
781	II of chapter 218, except for revenues used for the payment of
782	principal or interest on bonds, tax anticipation certificates,
783	or any other form of indebtedness as allowed under s. 218.25(1),
784	(2), or (4), from that any county determined to be not in
785	compliance as provided in this subsection with the county
786	funding obligations for items specified in paragraphs (1)(a),
787	(c), (d), (e), (f), (g), and (h) and subsection (3). The
788	department shall withhold an amount equal to the difference
789	between the amount spent by the county for the particular item
790	in county fiscal year 2002-2003, the base year, plus 3 percent,
791	and the amount budgeted by the county for these obligations in
792	county fiscal year 2004-2005, if the latter is less than the
793	former. Every year thereafter, the department shall withhold
794	such an amount if the amount budgeted in that year is less than
795	the base year plus 1.5 percent growth per year. On or before
796	December 31, 2004, counties shall send to the department a
797	certified copy of their budget documents for the respective 2
798	years, separately identifying expenditure amounts for each
799	county funding obligation specified in paragraphs (1) (a), (c),
800	(d), (e), (f), (g), and (h) and subsection (3). Each year
801	thereafter, on or before December 31 of that year, each county
802	shall send a certified copy of its budget document to the
803	department.
804	(b)  Beginning in fiscal year 2005-2006, additional amounts
805	shall be withheld pursuant to paragraph (a), if the amount spent
806	in the previous fiscal year on the items specified in paragraphs
807	(1)(a), (c), (d), (e), (f), (g), and (h), and subsection (3) is
808	less than the amount budgeted for those items. Each county shall
809	certify expenditures for these county obligations for the prior
810	fiscal year to the department within 90 days after the end of
811	the fiscal year.
812	2.(c)  The department shall transfer the withheld payments
813	to the General Revenue Fund within 60 days after the
814	determination by the Administration Commission by March 31 of
815	each year. These payments are hereby appropriated to the
816	Department of Revenue to pay for these responsibilities on
817	behalf of the county.
818	(d)  For counties subject to withholding of funds by the
819	Department of Revenue for fiscal years 2004-2005 and 2005-2006:
820	1.  If the chief judge does not certify in writing by
821	October 31, 2006, that deficiencies exist in the functioning of
822	the circuit court due to the lack of sufficient budgeting by the
823	county for an item specified in paragraph (1)(a), (c), (d), (e),
824	(f), (g), or (h) or subsection (3), the Department of Revenue
825	shall not withhold the funds which would otherwise be withheld
826	from such counties.
827	2.  If the chief judge certifies in writing to the county
828	and to the Department of Revenue by October 31, 2006, that
829	deficiencies exist in the functioning of the circuit court due
830	to the lack of sufficient budget, the Department of Revenue
831	shall withhold funds for those items specified in paragraph
832	(1)(a), (c), (d), (e), (f), (g), or (h) or subsection (3) that
833	the chief judge certifies in writing are deficient and for which
834	the county did not budget sufficient funds. However, in
835	calculating whether sufficient funds were budgeted for fiscal
836	years 2004-2005 and 2005-2006, the department shall exclude from
837	its calculations of spending for the base year and fiscal years
838	2004-2005 and 2005-2006 any nonrecurring expenditures made by a
839	county for an item specified in paragraph (1)(a), (e), (f), (g),
840	or (h). Counties shall submit to the department by September 30,
841	2006, information about such nonrecurring expenditures in the
842	form and manner specified by the department.
843	(e)  For purposes of this subsection, the term
844	"nonrecurring expenditures" shall be limited to expenditures for
845	furnishings, equipment, land acquisition, and other one-time
846	major purchases or upgrades. This subsection does not relieve a
847	county of the obligation to make nonrecurring expenditures when
848	such nonrecurring expenditures are warranted.
849	(5)  For purposes of this section, the term "salaries"
850	includes wages, benefits, expenses, and perquisites consistent
851	with those that are paid for or provided by a county to its
852	employees.
853	Section 8.  Subsection (1) of section 29.0081, Florida
854	Statutes, is amended to read:
855	29.0081  County funding of additional court personnel.--
856	(1)  A county and the chief judge of a judicial circuit
857	that includes that county may enter into an agreement under
858	which the county funds personnel positions, including providing
859	wages, benefits, expenses, and perquisites consistent with those
860	that are paid for or provided by a county to its employees, to
861	assist in the operation of the circuit.
862	Section 9.  Paragraph (d) is added to subsection (5) of
863	section 29.0086, Florida Statutes, and subsection (9) of that
864	section is amended, to read:
865	29.0086  Article V Technology Board.--
866	(5)  The board shall:
867	(d)  By December 15, 2006, provide a report to the
868	Governor, the President of the Senate, the Speaker of the House
869	of Representatives, and the Chief Justice of the Supreme Court.
870	The report shall contain, at a minimum:
871	1.  Recommended statutory language that would provide
872	policy guidance for the judicial circuit technology strategic
873	plans to be developed and the data integration to be promoted by
874	the Judicial Circuit Article V Technology Advisory Councils.
875	2.  A description of any further progress made on efforts
876	to develop a catalog of common data elements and recommendations
877	for the maintenance and enhancement of this catalog.
878	(9)  This section is repealed effective January 1, 2007
879	July 1, 2006.
880	Section 10.  Section 29.0087, Florida Statutes, is created
881	to read:
882	29.0087  Judicial Circuit Article V Technology Advisory
883	Councils.--
884	(1)  There shall be established in each judicial circuit a
885	Judicial Circuit Article V Technology Advisory Council.
886	(a)  The membership of the council shall include:
887	1.  The chief judge of the circuit court, or his or her
888	designee, who shall serve as chair.
889	2.  The state attorney of the circuit or his or her
890	designee.
891	3.  The public defender of the circuit or his or her
892	designee.
893	4.  A sheriff from a county in the circuit selected by the
894	chief judge, or the sheriff's designee, who shall be appointed
895	to an initial term of 1 year and shall serve 2-year terms
896	thereafter.
897	5.  A clerk from a county in the circuit selected by the
898	chief judge, or the clerk's designee, who shall be appointed to
899	an initial term of 1 year and shall serve 2-year terms
900	thereafter.
901	6.  A member of a board of county commissioners from a
902	county in the circuit selected by the chief judge, or the
903	member's designee, who shall be appointed to an initial term of
904	2 years and shall serve 2-year terms thereafter.
905	7.  A member in good standing of The Florida Bar practicing
906	in the circuit, appointed by the chief judge, who shall be
907	appointed to an initial term of 2 years and shall serve 2-year
908	terms thereafter.
909	(b)1.  There shall be no limit to the number of terms a
910	member may serve. For multicounty circuits, to the extent
911	possible, the members provided in subparagraphs (a)4.-6. shall
912	be from different counties.
913	2.  Members of the advisory council shall serve without
914	compensation but are entitled to per diem and reimbursement for
915	travel expenses in accordance with s. 112.061. Such per diem and
916	reimbursement for travel expenses shall be paid by the entity
917	employing the member, except for the member of The Florida Bar,
918	whose per diem and reimbursement for travel expenses shall be
919	paid by the judicial circuit.
920	(c)  The judicial circuit trial court technology officer
921	and such other judicial circuit employees as are necessary shall
922	serve as staff to the advisory council. Employees of the
923	entities represented by the members of the advisory council may
924	also provide staff support to the advisory council at the
925	request of the judicial circuit trial court technology officer.
926	(d)  The first meeting of the advisory council shall be
927	held no later than September 30, 2006. The advisory council
928	shall meet at the call of the chair but no less frequently than
929	quarterly.
930	(2)  The duties of the advisory council shall include:
931	(a)  Developing an initial judicial circuit technology
932	strategic plan and subsequent updated judicial circuit
933	technology strategic plans to address court-related technology
934	and court technology needs as defined in s. 29.008(1)(f)2. and
935	(h). The initial judicial circuit technology strategic plan or
936	subsequent updated judicial circuit technology strategic plans
937	shall be provided to the chief judge no later than March 31 of
938	each year.
939	(b)  Promoting secure and reliable data integration,
940	interoperability, and access among the information systems under
941	the control of the chief judge, state attorney, and public
942	defender; the clerks of court, sheriffs, and counties of the
943	circuit; and the various state agencies involved in the justice
944	system and the other court systems of the state.
945	Section 11.  Subsections (4) and (6) of section 44.103,
946	Florida Statutes, are amended to read:
947	44.103  Court-ordered, nonbinding arbitration.--
948	(4)  An arbitrator or, in the case of a panel, the chief
949	arbitrator, shall have such power to administer oaths or
950	affirmation and to conduct the proceedings as the rules of court
951	shall provide. The proceedings shall be conducted informally.
952	Presentation of testimony and evidence shall be kept to a
953	minimum and matters shall be presented to the arbitrators
954	primarily through the statements and arguments of counsel. At
955	the request of Any party to the arbitration may petition the
956	court in the underlying action, for good cause shown, to
957	authorize the, such arbitrator to shall issue subpoenas for the
958	attendance of witnesses and the production of books, records,
959	documents, and other evidence at the arbitration and may
960	petition apply to the court for orders compelling such
961	attendance and production at the arbitration. Subpoenas shall be
962	served and shall be enforceable in the manner provided by law.
963	(6)  Upon motion made by either party within 30 days after
964	entry of a judgment, the court may assess costs against the
965	party requesting a trial de novo, including arbitration costs,
966	court costs, reasonable attorney's fees, and other reasonable
967	costs, such as investigation expenses and expenses for expert or
968	other testimony that were incurred after the arbitration hearing
969	and continuing through the trial of the case, in accordance with
970	the guidelines for taxation of costs as adopted by the Supreme
971	Court. Such costs may be assessed if:
972	(a)  The plaintiff, having filed for a trial de novo,
973	obtains a judgment at trial that is at least 25 percent less
974	than the arbitration award. In such an instance, the costs and
975	attorney's fees assessed pursuant to this subsection shall be
976	set off against the award. When the costs and attorney's fees
977	assessed pursuant to this subsection total more than the amount
978	of the judgment, the court shall enter judgment for the
979	defendant against the plaintiff for the amount of the costs and
980	attorney's fees, less the amount of the award to the plaintiff.
981	For purposes of a determination under this paragraph, the term
982	"judgment" means the amount of the net judgment entered plus all
983	taxable costs pursuant to the guidelines for taxation of costs
984	as adopted by the Supreme Court, any postarbitration collateral
985	source payments received or due as of the date of the judgment,
986	and any postarbitration settlement amounts by which the verdict
987	was reduced; or
988	(b)  The defendant, having filed for a trial de novo, has a
989	judgment entered against the defendant that is a least 25
990	percent more than the arbitration award. For purposes of a
991	determination under this paragraph, the term "judgment" means
992	the amount of the net judgment entered plus any postarbitration
993	settlement amounts by which the verdict was reduced. The party
994	having filed for a trial de novo may be assessed the arbitration
995	costs, court costs, and other reasonable costs of the party,
996	including attorney's fees, investigation expenses, and expenses
997	for expert or other testimony or evidence incurred after the
998	arbitration hearing if the judgment upon the trial de novo is
999	not more favorable than the arbitration decision.
1000	Section 12.  Subsection (3) of section 218.245, Florida
1001	Statutes, as amended by section 44 of chapter 2005-236, Laws of
1002	Florida, is amended to read:
1003	218.245  Revenue sharing; apportionment.--
1004	(3)  Revenues attributed to the increase in distribution to
1005	the Revenue Sharing Trust Fund for Municipalities pursuant to s.
1006	212.20(6)(d)6. from 1.0715 percent to 1.3409 percent provided in
1007	chapter 2003-402, Laws of Florida, shall be distributed to each
1008	eligible municipality and any unit of local government which is
1009	consolidated as provided by s. 9, Art. VIII of the State
1010	Constitution of 1885, as preserved by s. 6(e), Art. VIII, 1968
1011	revised constitution, as follows: each eligible local
1012	government's allocation shall be based on the amount it received
1013	from the half-cent sales tax under s. 218.61 in the prior state
1014	fiscal year divided by the total receipts under s. 218.61 in the
1015	prior state fiscal year for all eligible local governments;
1016	provided, however, for the purpose of calculating this
1017	distribution, the amount received from the half-cent sales tax
1018	under s. 218.61 in the prior state fiscal year by a unit of
1019	local government which is consolidated as provided by s. 9, Art.
1020	VIII of the State Constitution of 1885, as amended, and as
1021	preserved by s. 6(e), Art. VIII, of the Constitution as revised
1022	in 1968, shall be reduced by 42 50 percent for such local
1023	government and for the total receipts. For eligible
1024	municipalities that began participating in the allocation of
1025	half-cent sales tax under s. 218.61 in the previous state fiscal
1026	year, their annual receipts shall be calculated by dividing
1027	their actual receipts by the number of months they participated,
1028	and the result multiplied by 12.
1029	Section 13.  Subsection (13) of section 318.18, Florida
1030	Statutes, is amended to read:
1031	318.18  Amount of civil penalties.--The penalties required
1032	for a noncriminal disposition pursuant to s. 318.14 are as
1033	follows:
1034	(13)  In addition to any penalties imposed for noncriminal
1035	traffic infractions pursuant to this chapter or imposed for
1036	criminal violations listed in s. 318.17, a board of county
1037	commissioners or any unit of local government which is
1038	consolidated as provided by s. 9, Art. VIII of the State
1039	Constitution of 1885, as preserved by s. 6(e), Art. VIII of the
1040	Constitution of 1968:
1041	(a)  May impose by ordinance a surcharge of up to $15 for
1042	any infraction or violation to fund state court facilities. The
1043	court shall not waive this surcharge. Up to 25 percent of the
1044	revenue from such surcharge may be used to support local law
1045	libraries provided that the county or unit of local government
1046	provides a level of service equal to that provided prior to July
1047	1, 2004, which shall include the continuation of library
1048	facilities located in or near the county courthouse or annexes.
1049	(b)  That imposed increased fees or service charges by
1050	ordinance under s. 28.2401, s. 28.241, or s. 34.041 for the
1051	purpose of securing payment of the principal and interest on
1052	bonds issued by the county before July 1, 2003, to finance state
1053	court facilities, may impose by ordinance a surcharge for any
1054	infraction or violation for the exclusive purpose of securing
1055	payment of the principal and interest on bonds issued by the
1056	county before July 1, 2003, to fund state court facilities until
1057	the date of stated maturity. The court shall not waive this
1058	surcharge. Such surcharge may not exceed an amount per violation
1059	calculated as the quotient of the maximum annual payment of the
1060	principal and interest on the bonds as of July 1, 2003, divided
1061	by the number of traffic citations for county fiscal year 2002-
1062	2003 certified as paid by the clerk of the court of the county.
1063	Such quotient shall be rounded up to the next highest dollar
1064	amount. The bonds may be refunded only if savings will be
1065	realized on payments of debt service and the refunding bonds are
1066	scheduled to mature on the same date or before the bonds being
1067	refunded.
1068
1069	A county may not impose both of the surcharges authorized under
1070	paragraphs (a) and (b) concurrently. The county clerk of court
1071	shall report, no later than 30 days after the end of the
1072	quarter, the amount of funds collected, the amount of funds
1073	expended, and the uses of the funds under this subsection during
1074	each quarter of the fiscal year. The county clerk shall submit
1075	the report, in a format developed by the Office of State Courts
1076	Administrator, to the chief judge of the circuit, the Governor,
1077	the President of the Senate, and the Speaker of the House of
1078	Representatives.
1079	Section 14.  Section 903.286, Florida Statutes, is amended
1080	to read:
1081	903.286  Return of cash bond; requirement to withhold
1082	unpaid fines, fees, and court costs.--Notwithstanding the
1083	provisions of s. 903.31(2), the clerk of the court shall
1084	withhold from the return of a cash bond posted on behalf of a
1085	criminal defendant by a person other than a bail bond agent
1086	licensed pursuant to chapter 648 sufficient funds to pay any
1087	unpaid court fees, court costs, and criminal penalties. The
1088	clerk of the court shall provide notice to the person posting
1089	the cash bond prior to the posting of such bond that the
1090	proceeds are subject to withholding to pay any unpaid court
1091	fees, court costs, and criminal penalties. In the event that
1092	sufficient funds are not available to pay all unpaid court fees,
1093	court costs, and criminal penalties, the clerk of the court
1094	shall immediately obtain payment from the defendant or enroll
1095	the defendant in a payment plan pursuant to s. 28.246. However,
1096	the clerk may not withhold any unpaid court fees, court costs,
1097	or criminal penalties from a cash bond posted prior to July 1,
1098	2005, by a person other than the defendant.
1099	Section 15.  Subsections (1) and (2) of section 938.27,
1100	Florida Statutes, are amended to read:
1101	938.27  Judgment for costs on conviction.--
1102	(1)  In all criminal cases, convicted persons or parents of
1103	adjudicated juveniles are liable for payment of the documented
1104	costs of prosecution, including investigative costs incurred by
1105	law enforcement agencies, by fire departments for arson
1106	investigations, and by investigations of the Department of
1107	Financial Services or the Office of Financial Regulation of the
1108	Financial Services Commission, if requested by such agencies.
1109	These costs shall be included and entered in the judgment
1110	rendered against the convicted person or adjudicated juvenile.
1111	(2)(a)  If the court allows additional time for payment of
1112	such costs, the convicted person or the parents of the
1113	adjudicated juvenile shall be enrolled in a payment plan
1114	pursuant to s. 28.246(4) The court shall require the defendant
1115	to pay the costs within a specified period or in specified
1116	installments.
1117	(b)  The end of such period or the last such installment
1118	shall not be later than:
1119	1.  The end of the period of probation or community
1120	control, if probation or community control is ordered;
1121	2.  Five years after the end of the term of imprisonment
1122	imposed, if the court does not order probation or community
1123	control; or
1124	3.  Five years after the date of sentencing in any other
1125	case.
1126
1127	However, in no event shall the obligation to pay any unpaid
1128	amounts expire if not paid in full within the period specified
1129	in this paragraph.
1130	(b)(c)  If not otherwise provided by the court under this
1131	section, costs shall be paid immediately.
1132	Section 16.  Paragraph (a) of subsection (1) of section
1133	938.29, Florida Statutes, is amended to read:
1134	938.29  Legal assistance; lien for payment of attorney's
1135	fees or costs.--
1136	(1)(a)  A defendant determined to be guilty of a criminal
1137	act or found to have committed a delinquent act by a court or
1138	jury or through a plea of guilty or nolo contendere, regardless
1139	of adjudication, and who has received the assistance of the
1140	public defender's office, a special assistant public defender,
1141	or a court-appointed conflict attorney shall be liable for
1142	payment of attorney's fees and costs. The court shall determine
1143	the amount of the obligation. Such costs shall include, but not
1144	be limited to, the cost of depositions; cost of transcripts of
1145	depositions, including the cost of defendant's copy, which
1146	transcripts are certified by the defendant's attorney as having
1147	served a useful purpose in the disposition of the case;
1148	investigative costs; witness fees; the cost of psychiatric
1149	examinations; or other reasonable costs specially incurred by
1150	the state and the clerk of court for the defense of the
1151	defendant in criminal prosecutions. Costs shall not include
1152	expenses inherent in providing a constitutionally guaranteed
1153	jury trial or expenditures in connection with the maintenance
1154	and operation of government agencies that must be made by the
1155	public irrespective of specific violations of law. Any costs
1156	assessed pursuant to this paragraph shall be reduced by any
1157	amount assessed against a defendant pursuant to s. 938.05.
1158	Section 17.  Subsections (4) and (5) of section 948.15,
1159	Florida Statutes, are renumbered as subsections (5) and (6),
1160	respectively, present subsection (3) is renumbered as subsection
1161	(4), paragraph (e) of that subsection is amended, and a new
1162	subsection (3) is added to that section, to read:
1163	948.15  Misdemeanor probation services.--
1164	(3)(a)  The entity providing probation services for
1165	offenders sentenced by the county court shall establish a
1166	process to collect payments for all offender fees, fines, and
1167	costs imposed by the court, restitution owed by the misdemeanor
1168	probationer, and the cost of supervision. The entity providing
1169	probation services shall provide any funds collected in
1170	accordance with this subsection to the payee to whom they are
1171	owed within 30 days.
1172	(b)  For programs provided by a county with its own
1173	employees, if a payment made by the misdemeanor probationer is
1174	not sufficient to cover the total installment required under a
1175	payment plan imposed by the court plus any additional payments
1176	that are outstanding, the payment made by the misdemeanor
1177	probationer shall be allocated proportionally among any fees,
1178	fines, and costs imposed by the court, restitution owed by the
1179	misdemeanor probationer, and the cost of supervision based on
1180	the percentage that the sum owed for each type of payment
1181	comprises of the total installment owed for all types of
1182	payments.
1183	(4)(3)  Any private entity providing services for the
1184	supervision of misdemeanor probationers must contract with the
1185	county in which the services are to be rendered. In a county
1186	with a population of less than 70,000, the county court judge,
1187	or the administrative judge of the county court in a county that
1188	has more than one county court judge, must approve the contract.
1189	Terms of the contract must state, but are not limited to:
1190	(e)  Procedures for handling the collection in accordance
1191	with subsection (3) of all payments owed by an offender fees and
1192	restitution.
1193
1194	In addition, the entity shall supply the chief judge's office
1195	with a quarterly report summarizing the number of offenders
1196	supervised by the private entity, payment of the required
1197	contribution under supervision or rehabilitation, and the number
1198	of offenders for whom supervision or rehabilitation will be
1199	terminated. All records of the entity must be open to inspection
1200	upon the request of the county, the court, the Auditor General,
1201	the Office of Program Policy Analysis and Government
1202	Accountability, or agents thereof.
1203	Section 18.  Section 939.185, Florida Statutes, is
1204	renumbered as section 938.195, Florida Statutes.
1205	Section 19.  Subsection (3) of section 775.083, Florida
1206	Statutes, is renumbered as subsection (2) of that section, and
1207	present subsection (2) of that section is transferred to section
1208	938.065, Florida Statutes, which is created, and amended to
1209	read:
1210	938.065  County crime prevention programs.--
1211	(2)  In addition to the fines set forth in subsection (1),
1212	Court costs shall be assessed and collected in each instance a
1213	defendant pleads nolo contendere to, or is convicted of, or
1214	adjudicated delinquent for, a felony, a misdemeanor, or a
1215	criminal traffic offense under state law, or a violation of any
1216	municipal or county ordinance if the violation constitutes a
1217	misdemeanor under state law. The court costs imposed by this
1218	section shall be $50 for a felony and $20 for any other offense
1219	and shall be deposited by the clerk of the court into an
1220	appropriate county account for disbursement for the purposes
1221	provided in this subsection. A county shall account for the
1222	funds separately from other county funds as crime prevention
1223	funds. The county, in consultation with the sheriff, must expend
1224	such funds for crime prevention programs in the county,
1225	including safe neighborhood programs under ss. 163.501-163.523.
1226	Section 20.  Subsections (1), (2), and (4) of section
1227	938.17, Florida Statutes, are amended to read:
1228	938.17  County delinquency prevention; juvenile assessment
1229	centers and school board suspension programs.--
1230	(1)  Prior to the use of costs received pursuant to s.
1231	938.195 939.185, the sheriff's office of the county must be a
1232	partner in a written agreement with the Department of Juvenile
1233	Justice to participate in a juvenile assessment center or with
1234	the district school board to participate in a suspension
1235	program.
1236	(2)  Assessments collected by clerks of the circuit courts
1237	comprised of more than one county shall remit the funds
1238	collected pursuant to s. 938.195 939.185 to the county in which
1239	the offense at issue was committed for deposit and disbursement.
1240	(4)  A sheriff's office that receives proceeds pursuant to
1241	s. 938.195 939.185 shall account for all funds annually by
1242	August 1 in a written report to the juvenile justice county
1243	council if funds are used for assessment centers, and to the
1244	district school board if funds are used for suspension programs.
1245	Section 21.  Subsection (7) of section 938.19, Florida
1246	Statutes, is amended to read:
1247	938.19  Teen courts.--
1248	(7)  A teen court administered in a county that adopts an
1249	ordinance to assess court costs under this section may not
1250	receive court costs collected under s. 938.195(1)(a)4.
1251	939.185(1)(a)4.
1252	Section 22.  Paragraph (d) of subsection (6) of section
1253	948.08, Florida Statutes, is amended to read:
1254	948.08  Pretrial intervention program.--
1255	(6)
1256	(d)  Any entity, whether public or private, providing a
1257	pretrial substance abuse education and treatment intervention
1258	program under this subsection must contract with the county or
1259	appropriate governmental entity, and the terms of the contract
1260	must include, but need not be limited to, the requirements
1261	established for private entities under s. 948.15(4)(3).
1262	Section 23.  Subsection (3) of section 948.16, Florida
1263	Statutes, is amended to read:
1264	948.16  Misdemeanor pretrial substance abuse education and
1265	treatment intervention program.--
1266	(3)  Any public or private entity providing a pretrial
1267	substance abuse education and treatment program under this
1268	section shall contract with the county or appropriate
1269	governmental entity. The terms of the contract shall include,
1270	but not be limited to, the requirements established for private
1271	entities under s. 948.15(4)(3).
1272	Section 24.  Subsections (1), (2), and (3) of section
1273	985.203, Florida Statutes, are amended to read:
1274	985.203  Right to counsel.--
1275	(1)  A child is entitled to representation by legal counsel
1276	at all stages of any proceedings under this part. If the child
1277	and the parents or other legal guardian is are indigent and
1278	unable to employ counsel for the child, the court shall appoint
1279	counsel pursuant to s. 27.52. However, if a parent or legal
1280	guardian is also the alleged victim in the case, the court shall
1281	appoint counsel to represent the child without requiring an
1282	affidavit from the parent or legal guardian. Determination of
1283	indigence and costs of representation shall be as provided by
1284	ss. 27.52 and 938.29. Legal counsel representing a child who
1285	exercises the right to counsel shall be allowed to provide
1286	advice and counsel to the child at any time subsequent to the
1287	child's arrest, including prior to a detention hearing while in
1288	secure detention care. A child shall be represented by legal
1289	counsel at all stages of all court proceedings unless the right
1290	to counsel is freely, knowingly, and intelligently waived by the
1291	child after the child has been given a meaningful opportunity to
1292	confer with counsel. If the child appears without counsel, the
1293	court shall appoint counsel if the parents or legal guardian is
1294	indigent advise the child of his or her rights with respect to
1295	representation of court-appointed counsel.
1296	(2)  If the parents or legal guardian of an indigent child
1297	is are not indigent but refuses refuse to employ counsel, the
1298	court shall appoint counsel pursuant to s. 27.52 to represent
1299	the child at the detention hearing and until counsel is
1300	provided. Costs of representation are hereby imposed as provided
1301	by ss. 27.52 and 938.29. Thereafter, the court shall not appoint
1302	counsel for an indigent child with nonindigent parents or legal
1303	guardian but shall order the parents or legal guardian to obtain
1304	private counsel. A parent or legal guardian of an indigent child
1305	who has been ordered to obtain private counsel for the child and
1306	who willfully fails to follow the court order shall be punished
1307	by the court in civil contempt proceedings. If a nonindigent
1308	parent or legal guardian is also the alleged victim in the case,
1309	the court shall not order that parent or legal guardian to
1310	obtain private counsel but shall appoint counsel pursuant to s.
1311	27.52 to represent the indigent child.
1312	(3)  An indigent child with nonindigent parents or legal
1313	guardian may have counsel appointed pursuant to s. 27.52 if the
1314	parents or legal guardian has have willfully refused to obey the
1315	court order to obtain counsel for the child and has have been
1316	punished by civil contempt and then still has have willfully
1317	refused to obey the court order. Costs of representation are
1318	hereby imposed as provided by ss. 27.52 and 938.29.
1319	Section 25.  Paragraph (d) of subsection (1) of section
1320	985.306, Florida Statutes, is amended to read:
1321	985.306  Delinquency pretrial intervention program.--
1322	(1)
1323	(d)  Any entity, whether public or private, providing
1324	pretrial substance abuse education, treatment intervention, and
1325	a urine monitoring program under this section must contract with
1326	the county or appropriate governmental entity, and the terms of
1327	the contract must include, but need not be limited to, the
1328	requirements established for private entities under s.
1329	948.15(4)(3). It is the intent of the Legislature that public or
1330	private entities providing substance abuse education and
1331	treatment intervention programs involve the active participation
1332	of parents, schools, churches, businesses, law enforcement
1333	agencies, and the department or its contract providers.
1334	Section 26.  This act shall take effect July 1, 2006.

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