HB 7199

1	A bill to be entitled
2	An act relating to the Supreme Court; amending ss. 1.01,
3	10.001, 11.513, 11.90, 11.9005, 16.01, 16.061, 16.101,
4	17.13, 20.055, 25.031, 25.041, 25.075, 25.181, 25.191,
5	25.241, 25.251, 25.271, 25.341, 25.375, 25.382, 25.383,
6	25.384, 25.386, 26.55, 26.57, 27.05, 27.14, 27.151, 27.40,
7	27.405, 27.51, 27.511, 27.512, 27.52, 27.5303, 27.5304,
8	27.7081, 27.709, 27.7091, 27.710, 27.711, 28.22205,
9	28.241, 28.35, 28.36, 29.001, 29.004, 30.15, 34.01,
10	34.181, 35.07, 35.28, 38.07, 39.4075, 39.501, 39.824,
11	39.8296, 40.001, 40.225, 43.26, 43.30, 44.102, 44.103,
12	44.104, 44.106, 44.107, 44.108, 44.402, 57.082, 57.101,
13	59.081, 59.45, 61.125, 61.183, 75.08, 90.902, 100.371,
14	105.036, 112.215, 112.321, 112.324, 121.091, 121.591,
15	215.91, 216.011, 216.0158, 216.023, 216.043, 216.044,
16	216.131, 216.163, 216.177, 216.179, 216.181, 216.1815,
17	216.1826, 216.1827, 216.192, 216.195, 216.212, 216.221,
18	216.262, 216.292, 216.301, 272.04, 287.059, 288.9606,
19	318.30, 318.34, 350.128, 364.381, 366.10, 366.8260,
20	368.112, 379.332, 383.0115, 390.01114, 397.333, 397.484,
21	400.0233, 402.56, 403.1837, 403.519, 421.17, 429.293,
22	429.87, 440.106, 440.25, 440.271, 440.29, 440.32, 440.442,
23	454.021, 454.31, 454.32, 489.533, 627.7015, 723.038,
24	744.703, 752.015, 753.03, 766.107, 766.206, 766.311,
25	768.79, 849.42, 877.02, 905.33, 905.37, 907.041, 918.19,
26	921.141, 921.142, 922.105, 922.14, 922.15, 924.055,
27	924.056, 924.057, 924.058, 924.059, 925.12, 934.02,
28	939.185, 944.096, 984.15, 984.151, 984.18, 985.16,
29	985.318, and 985.66, F.S.; implementing provisions of the
30	joint resolution creating the Supreme Court of Civil
31	Appeals and the Supreme Court of Criminal Appeals;
32	clarifying jurisdiction of the supreme courts; deleting
33	obsolete provisions; creating s. 25.015, F.S.; providing
34	for jurisdiction, membership, and headquarters of the
35	Supreme Court of Civil Appeals; creating s. 25.025, F.S.;
36	providing for jurisdiction, membership, and headquarters
37	of the Supreme Court of Criminal Appeals; creating s.
38	25.265, F.S.; providing for the location of the Supreme
39	Court Building; repealing s. 25.032, F.S., relating to
40	collaboration by the Supreme Court with other courts of
41	last resort for development of uniform rules relating to
42	certification of questions of law, rules, and regulations;
43	repealing s. 25.051, F.S., relating to terms of the
44	Supreme Court; repealing s. 25.151, F.S., relating to the
45	practice of law by retired justices of the Supreme Court;
46	repealing s. 25.201, F.S., relating to the appointment of
47	a deputy clerk of the Supreme Court; repealing s. 25.211,
48	F.S., relating to the location of the Supreme Court
49	clerk's office; repealing s. 25.221, F.S., relating to the
50	custody of books, papers, records, files, and the seal of
51	the Supreme Court; repealing s. 25.231, F.S., relating to
52	the duties of the Supreme Court clerk; repealing s.
53	25.262, F.S., relating to the Supreme Court marshal's
54	power to execute the process of the court; repealing s.
55	25.281, F.S., relating to the compensation of the Supreme
56	Court marshal; repealing s. 25.291, F.S., relating to the
57	deposit of fines for contempt of the Supreme Court;
58	repealing s. 25.351, F.S., relating to the acquisition of
59	books for the library of the Supreme Court; providing a
60	contingent effective date.
61
62	Be It Enacted by the Legislature of the State of Florida:
63
64	Section 1.  Subsection (16) is added to section 1.01,
65	Florida Statutes, to read:
66	1.01  Definitions.-In construing these statutes and each
67	and every word, phrase, or part hereof, where the context will
68	permit:
69	(16)  References to the "Supreme Court," referring to the
70	Florida Supreme Court, mean the former Supreme Court of Florida,
71	the Supreme Court of Civil Appeals, or the Supreme Court of
72	Criminal Appeals, as appropriate.
73	Section 2.  Section 10.001, Florida Statutes, is amended to
74	read:
75	10.001  Legislative representation.-Beginning with the
76	general election held in the second year following each
77	decennial census, the representation of the people of Florida in
78	the Florida Legislature shall be as set forth earlier in such
79	year by the Legislature by joint resolution or by the Supreme
80	Court of Civil Appeals by order, as the case may be. A joint
81	resolution of apportionment or an order of the Supreme Court of
82	Civil Appeals adopted or entered pursuant to s. 16 of Art. III
83	of the State Constitution shall be included in the Florida
84	Statutes in the same manner as a statute.
85	Section 3.  Subsections (2) and (5) of section 11.513,
86	Florida Statutes, are amended to read:
87	11.513  Program evaluation and justification review.-
88	(2)  A state agency's inspector general, internal auditor,
89	or other person designated by the agency head or the Office of
90	the State Courts Administrator Chief Justice of the Supreme
91	Court shall develop, in consultation with the Office of Program
92	Policy Analysis and Government Accountability, a plan for
93	monitoring and reviewing the state agency's or the judicial
94	branch's major programs to ensure that performance measures and
95	standards, as well as baseline and previous-year performance
96	data, are maintained and supported by agency records.
97	(5)  The Office of Program Policy Analysis and Government
98	Accountability may perform evaluation and justification reviews
99	when necessary and as directed by the Legislature in order to
100	determine whether current agency and judicial branch performance
101	measures and standards are adequate. Reports concerning the
102	evaluation and review of agency and judicial branch performance
103	measures and standards shall be submitted to the Executive
104	Office of the Governor, the President of the Senate, the Speaker
105	of the House of Representatives, and the chair and vice chair of
106	the Legislative Budget Commission. Reports concerning the
107	evaluation and review of the judicial branch performance
108	measures and standards shall be submitted to the Office of the
109	State Courts Administrator Chief Justice of the Supreme Court.
110	Section 4.  Paragraph (a) of subsection (6) of section
111	11.90, Florida Statutes, is amended to read:
112	11.90  Legislative Budget Commission.-
113	(6)  The commission shall have the power and duty to:
114	(a)  Review and approve or disapprove budget amendments
115	recommended by the Governor or the Office of the State Courts
116	Administrator Chief Justice of the Supreme Court as provided in
117	chapter 216.
118
119	In addition to the powers and duties specified in this
120	subsection, the commission shall exercise all other powers and
121	perform any other duties prescribed by the Legislature.
122	Section 5.  Subsection (6) of section 11.9005, Florida
123	Statutes, is amended to read:
124	11.9005  Government Efficiency Task Force.-
125	(6)  The task force shall complete its work within 1 year
126	and submit its recommendations to the chairperson and vice
127	chairperson of the Legislative Budget Commission, the Governor,
128	and the Office of the State Courts Administrator Chief Justice
129	of the Supreme Court. The task force may submit all or part of
130	its recommendations at any time during the year, but a final
131	report summarizing its recommendations must be submitted at the
132	completion of its work.
133	Section 6.  Subsection (4) of section 16.01, Florida
134	Statutes, is amended to read:
135	16.01  Residence, office, and duties of Attorney General.-
136	The Attorney General:
137	(4)  Shall appear in and attend to, in behalf of the state,
138	all suits or prosecutions, civil or criminal or in equity, in
139	which the state may be a party, or in anywise interested, in the
140	appropriate supreme court and district courts of appeal of this
141	state.
142	Section 7.  Subsection (1) of section 16.061, Florida
143	Statutes, is amended to read:
144	16.061  Initiative petitions.-
145	(1)  The Attorney General shall, within 30 days after
146	receipt of a proposed revision or amendment to the State
147	Constitution by initiative petition from the Secretary of State,
148	petition the Supreme Court of Civil Appeals, requesting an
149	advisory opinion regarding the compliance of the text of the
150	proposed amendment or revision with s. 3, Art. XI of the State
151	Constitution and the compliance of the proposed ballot title and
152	substance with s. 101.161. The petition may enumerate any
153	specific factual issues that the Attorney General believes would
154	require a judicial determination.
155	Section 8.  Section 16.101, Florida Statutes, is amended to
156	read:
157	16.101  Supreme court reporter.-The Attorney General shall
158	be the reporter for each the supreme court.
159	Section 9.  Subsection (1) of section 17.13, Florida
160	Statutes, is amended to read:
161	17.13  To duplicate warrants lost or destroyed.-
162	(1)  The Chief Financial Officer is required to duplicate
163	any Chief Financial Officer's warrants that may have been lost
164	or destroyed, or may hereafter be lost or destroyed, upon the
165	owner thereof or the owner's agent or attorney presenting the
166	Chief Financial Officer the statement, under oath, reciting the
167	number, date, and amount of any warrant or the best and most
168	definite description in his or her knowledge and the
169	circumstances of its loss.; If the Chief Financial Officer deems
170	it necessary, the owner or the owner's agent or attorney shall
171	file in the office of the Chief Financial Officer a surety bond,
172	or a bond with securities, to be approved by one of the judges
173	of the circuit court or one of the justices of the Supreme Court
174	of Civil Appeals, in a penalty of not less than twice the amount
175	of any warrants so duplicated, conditioned to indemnify the
176	state and any innocent holders thereof from any damages that may
177	accrue from such duplication.
178	Section 10.  Paragraph (b) of subsection (1) of section
179	20.055, Florida Statutes, is amended to read:
180	20.055  Agency inspectors general.-
181	(1)  For the purposes of this section:
182	(b)  "Agency head" means the Governor, a Cabinet officer, a
183	secretary as defined in s. 20.03(5), or an executive director as
184	defined in s. 20.03(6). It also includes the chair of the Public
185	Service Commission, the Director of the Office of Insurance
186	Regulation of the Financial Services Commission, the Director of
187	the Office of Financial Regulation of the Financial Services
188	Commission, and the chief justices Justice of the State supreme
189	courts Court.
190	Section 11.  Section 25.015, Florida Statutes, is created
191	to read:
192	25.015  Supreme Court of Civil Appeals.-
193	(1)  The jurisdiction and membership of the Supreme Court
194	of Civil Appeals shall be as provided in Art. V of the State
195	Constitution.
196	(2)  The Supreme Court of Civil Appeals shall be
197	headquartered in the Supreme Court Building.
198	Section 12.  Section 25.025, Florida Statutes, is created
199	to read:
200	25.025  Supreme Court of Criminal Appeals.-
201	(1)  The jurisdiction and membership of the Supreme Court
202	of Criminal Appeals shall be as provided in Art. V of the State
203	Constitution.
204	(2)  The Supreme Court of Criminal Appeals shall be
205	headquartered in the Supreme Court Building.
206	Section 13.  Section 25.031, Florida Statutes, is amended
207	to read:
208	25.031  Supreme courts Court authorized to receive and
209	answer certificates as to state law from federal appellate
210	courts; collaborations with other courts.-
211	(1)  The appropriate supreme court of this state may, by
212	rule of court, provide that, when it shall appear to the Supreme
213	Court of the United States, to any circuit court of appeals of
214	the United States, or to the Court of Appeals of the District of
215	Columbia, that there are involved in any proceeding before it
216	questions or propositions of the laws of this state, which are
217	determinative of the said cause, and there are no clear
218	controlling precedents in the decisions of the appropriate
219	supreme court of this state, such federal appellate court may
220	certify such questions or propositions of the laws of this state
221	to the appropriate supreme court of this state for instructions
222	concerning such questions or propositions of state law, which
223	certificate the appropriate supreme court of this state, by
224	written opinion, may answer.
225	(2)  Each supreme court of this state is authorized and
226	empowered to collaborate with any and all other courts of last
227	resort, of other states and of the United States, in the
228	preparation and approval of uniform rules of court to make
229	effective this and similar laws.
230	Section 14.  Section 25.032, Florida Statutes, is repealed.
231	Section 15.  Section 25.041, Florida Statutes, is amended
232	to read:
233	25.041  Power to execute its judgments, decrees, and
234	determinations.-
235	(1)  Each The supreme court is vested with all the power
236	and authority necessary for carrying into complete execution all
237	its judgments, decrees and determinations in the matters before
238	it, agreeable to the usage and principles of law.
239	(2)  No judgment of either the supreme court shall take
240	effect until the decision of the court in such case shall be
241	filed with the clerk of the supreme courts said court.
242	Section 16.  Section 25.051, Florida Statutes, is repealed.
243	Section 17.  Section 25.075, Florida Statutes, is amended
244	to read:
245	25.075  Uniform case reporting system.-
246	(1)  The Supreme Court of Civil Appeals Court shall develop
247	a uniform civil case reporting system. The Supreme Court of
248	Criminal Appeals shall develop a uniform criminal case reporting
249	system. The two systems shall be coordinated with one another in
250	order to standardize input and reporting requirements. The two
251	systems shall include, including a uniform means of reporting
252	categories of cases, time required in the disposition of cases,
253	and manner of disposition of cases.
254	(2)  If any clerk shall willfully fail to report to the
255	Supreme Court as directed by the courts court, the clerk shall
256	be guilty of misfeasance in office.
257	(3)  The Auditor General shall audit the reports made to
258	the supreme courts Court in accordance with the uniform system
259	established by the appropriate supreme court.
260	Section 18.  Section 25.151, Florida Statutes, is repealed.
261	Section 19.  Section 25.181, Florida Statutes, is amended
262	to read:
263	25.181  Records Record of prior courts territorial court of
264	appeals.-
265	(1)  The files, rolls, and books of record of the courts of
266	appeals of the late Territory of Florida, so far as they the
267	same, by the concurrence of the Congress and of the Legislature
268	of this state, may relate to matters of appropriate state
269	authority and jurisdiction, are placed in the custody and under
270	the control of the clerk of the supreme courts Supreme Court of
271	this state, and are files, rolls, and records of the said
272	supreme courts. Court; and The supreme courts said court may
273	lawfully have and exercise such judicial cognizance and power
274	over them as they it may lawfully have and exercise over their
275	its own files, rolls, and records.
276	(2)  The files, rolls, and books of record of the former
277	Supreme Court of Florida are placed in the custody and under the
278	control of the clerk of the supreme courts, as are files, rolls,
279	and records of the supreme courts. The courts may lawfully have
280	and exercise such judicial cognizance and power over them as
281	they may lawfully have and exercise over their own files, rolls,
282	and records.
283	Section 20.  Section 25.191, Florida Statutes, is amended
284	to read:
285	25.191  Clerk of supreme courts Court.-
286	(1)  The supreme courts Court shall appoint a clerk of the
287	Supreme Court, who shall hold office during the pleasure of the
288	courts court.
289	(2)  The clerk of the supreme courts may appoint a deputy
290	or deputies who, being duly sworn, may discharge all of the
291	duties of the office of clerk during his or her absence. The
292	clerk of the supreme courts is responsible for the acts of any
293	deputy.
294	(3)  All books, papers, records, files, and the seal of
295	each supreme court shall be kept in the office of the clerk of
296	the supreme courts and in the clerk's custody. The clerk of the
297	supreme courts shall keep the books, papers, records, files, and
298	the seal of each supreme court separate from those of the other.
299	Section 21.  Section 25.201, Florida Statutes, is repealed.
300	Section 22.  Section 25.211, Florida Statutes, is repealed.
301	Section 23.  Section 25.221, Florida Statutes, is repealed.
302	Section 24.  Section 25.231, Florida Statutes, is repealed.
303	Section 25.  Section 25.241, Florida Statutes, is amended
304	to read:
305	25.241  Clerk of Supreme Court; compensation; assistants;
306	Filing fees; duties of the clerk of the supreme courts, etc.-
307	(1)  The Clerk of the Supreme Court shall be paid an annual
308	salary to be determined in accordance with s. 25.382.
309	(2)  The Clerk of the Supreme Court is authorized to employ
310	such deputies and clerical assistants as may be necessary. Their
311	number and compensation shall be approved by the court. The
312	compensation of such employees shall be paid from the annual
313	appropriation for the Supreme Court.
314	(1)(3)(a)  The clerk of the supreme courts Court is hereby
315	required to collect, upon the filing of a certified copy of a
316	notice of appeal or petition, $300 for each case docketed, and
317	for copying, certifying, or furnishing opinions, records,
318	papers, or other instruments, except as otherwise herein
319	provided, the same fees that are allowed clerks of the circuit
320	court; however, no fee shall be less than $1. The State of
321	Florida or its agencies, when appearing as appellant or
322	petitioner, is exempt from the filing fees required in this
323	subsection. From each attorney appearing pro hac vice, the clerk
324	of the supreme courts Court shall collect an additional fee of
325	$100 to be deposited into the General Revenue Fund.
326	(b)  Upon the filing of a notice of cross-appeal, or a
327	notice of joinder or motion to intervene as an appellant, cross-
328	appellant, or petitioner, the clerk of the supreme courts Court
329	shall charge and collect a filing fee of $295.
330	(c)  The clerk shall remit the fee to the Department of
331	Revenue for deposit into the General Revenue Fund. The state and
332	its agencies are exempt from paying any the filing fee or other
333	cost required in this subsection paragraph.
334	(2)(4)  The clerk of the supreme courts Court is hereby
335	authorized, immediately after a case is disposed of, to supply
336	the judge who tried the case and from whose order, judgment, or
337	decree, appeal or other review is taken, and any court which
338	reviewed it, a copy of all opinions, orders, or judgments filed
339	in such case. Copies of opinions, orders, and decrees shall be
340	furnished in all cases to each attorney of record; copies for
341	publication in Florida reports shall be without charge; and
342	copies furnished to the law book publishers shall be at one-half
343	the regular statutory fee.
344	(3)(5)  The clerk of the supreme courts Court is hereby
345	required to prepare a statement of all moneys fees collected
346	each month and remit such statement, together with all moneys
347	fees collected by him or her, to the Chief Financial Officer.
348	The Chief Financial Officer shall deposit $250 of each $300
349	filing fee and all other fees or moneys collected into the
350	General Revenue Fund. The Chief Financial Officer shall deposit
351	$50 of each filing fee collected into the State Courts Revenue
352	Trust Fund to fund court operations as authorized in the General
353	Appropriations Act.
354	Section 26.  Section 25.251, Florida Statutes, is amended
355	to read:
356	25.251  Marshal of supreme courts Court; appointment;
357	training; process.-
358	(1)  The Supreme Courts Court shall jointly appoint a
359	marshal who shall hold office during the pleasure of the courts
360	court.
361	(2)  The marshal and his or her assistants shall attend and
362	successfully complete a minimum standards training program
363	approved by the Criminal Justice Standards and Training
364	Commission within the Department of Law Enforcement.
365	(3)  The marshal shall have the power to execute the
366	process of the supreme courts throughout the state, and in any
367	county he or she may deputize the sheriff or a deputy sheriff
368	for such purpose.
369	Section 27.  Section 25.262, Florida Statutes, is repealed.
370	Section 28.  Section 25.265, Florida Statutes, is created
371	to read:
372	25.265  Supreme Court Building.-The Supreme Court Building
373	shall be located at 2000 Drayton Drive, Tallahassee, Florida.
374	Section 29.  Section 25.271, Florida Statutes, is amended
375	to read:
376	25.271  Custody of Supreme Court Building and grounds.-
377	(1)  The said marshal shall, under the direction of the
378	supreme courts Court, be custodian of the Supreme Court Building
379	and grounds and shall keep them the same clean, sanitary, and
380	free of trespassers and marauders and shall maintain them the
381	same in good state of repair and cause the grounds to be
382	beautified and preserved against depredations and trespasses.
383	(2)  The marshal and his or her assistants shall be
384	conservators of the peace in the Supreme Court Building, or in
385	any building in which either the supreme court is sitting, and
386	shall apprehend without warrant any person disturbing the peace
387	and deliver that person to the appropriate law enforcement
388	officer of the municipality or county in which further
389	proceedings may be held according to law.
390	Section 30.  Section 25.281, Florida Statutes, is repealed.
391	Section 31.  Section 25.291, Florida Statutes, is repealed.
392	Section 32.  Section 25.341, Florida Statutes, is amended
393	to read:
394	25.341  Library of Supreme Court, custodian.-The library of
395	the supreme courts Court shall be in custody of the librarian
396	appointed by the Court of Civil Appeals, who shall be subject to
397	its direction. Books for the library may be acquired by purchase
398	or by exchange. The library may be located in a building other
399	than the Supreme Court Building.
400	Section 33.  Section 25.351, Florida Statutes, is repealed.
401	Section 34.  Section 25.375, Florida Statutes, is amended
402	to read:
403	25.375  Identification of related cases.-The supreme courts
404	Court may create a unique identifier for each person by which to
405	identify all court cases related to that person or his or her
406	family previously or currently in the court system. The unique
407	identifier must be the same for that person in any court case.
408	To create the unique identifier, the court may collect a portion
409	of the person's social security number or other personal
410	identification information, such as the person's date of birth.
411	Failure to provide a social security number for this purpose may
412	not be grounds to deny any services, rights, or remedies
413	otherwise provided by law. To implement a unique identifier, the
414	courts Supreme Court may require the revision of only those
415	information technology systems that are directly operated and
416	funded by the state court system.
417	Section 35.  Section 25.382, Florida Statutes, is amended
418	to read:
419	25.382  State courts system.-
420	(1)  As used in this section, "state courts system" means
421	all officers, employees, and divisions of the Supreme Court of
422	Civil Appeals, the Supreme Court of Criminal Appeals, district
423	courts of appeal, circuit courts, and county courts.
424	(2)  It is declared and determined that the officers,
425	employees, committees, and divisions of the state courts system
426	of the judicial branch are and shall continue to be officers,
427	employees, committees, and divisions of the state courts system
428	to perform such services as may be provided by the State
429	Constitution, by law, by rules of practice and procedure adopted
430	by either the supreme court, or by administrative order of
431	either the chief justice, whichever is applicable.
432	(3)  The manner of selection of employees, the
433	determination of qualifications and compensation, and the
434	establishment of policies relating to the work of such
435	employees, including hours of work, leave, and other matters,
436	shall be determined by rule of the supreme courts Court as
437	provided in s. 2(a), Art. V of the State Constitution.
438	(4)  The supreme courts Court shall ensure that clearly
439	written policies, procedures, and goals for the recruitment,
440	selection, promotion, and retention of minorities, including
441	minority women, are established throughout all levels of the
442	judicial system. An annual report shall be submitted to the
443	supreme courts Chief Justice outlining progress, problems, and
444	corrective actions relating to the implementation of this plan.
445	Section 36.  Section 25.383, Florida Statutes, is amended
446	to read:
447	25.383  Standards for court reporters; procedures; rules of
448	professional conduct, discipline, and training.-The Supreme
449	Court of Civil Appeals shall establish minimum standards and
450	procedures for qualifications, certification, discipline, and
451	training for court reporters. The Supreme Court of Civil Appeals
452	shall determine the amount of fees to charge applicants for
453	certification and renewal of certification. Fees shall be set in
454	an amount necessary to recover the full cost of administering
455	the certification process. All proceeds from fees collected
456	pursuant to this section shall be deposited into the
457	Administrative Trust Fund within the state courts system. The
458	Supreme Court of Civil Appeals may appoint or employ such
459	personnel as are necessary to assist the court in exercising its
460	powers and performing its duties under this section.
461	Section 37.  Section 25.384, Florida Statutes, is amended
462	to read:
463	25.384  Court Education Trust Fund.-
464	(1)  There is created a Court Education Trust Fund to be
465	administered by the Supreme Court of Civil Appeals through the
466	Florida Court Educational Council.
467	(2)(a)  The trust fund moneys shall be used to provide
468	education and training for judges and other court personnel as
469	defined and determined by the Florida Court Educational Council.
470	(b)  The Supreme Court of Civil Appeals, through its
471	Florida Court Educational Council, shall adopt a comprehensive
472	plan for the operation of the trust fund and the expenditure of
473	the moneys deposited in the trust fund. The plan shall provide
474	for travel, per diem, tuition, educational materials, and other
475	related costs incurred for educational programs, in and out of
476	state, which will be of benefit to the judiciary of the state.
477	(3)  The trust fund shall be funded with moneys generated
478	from fees assessed pursuant to ss. 28.241(1) and 28.2401(3).
479	(4)  The Supreme Court of Civil Appeals, through the
480	Florida Court Educational Council, shall submit a report each
481	year, on October 1, to the President of the Senate and the
482	Speaker of the House of Representatives, which report shall
483	include the total number of judges and other court personnel
484	attending each training or educational program, the educational
485	program attended and the location of the program, and the costs
486	incurred. In addition, the report shall identify the judges and
487	other court personnel attending out-of-state programs and the
488	costs associated with such programs. The report shall also show
489	the total dollars deposited in the fund for the fiscal year and
490	the balance at the end of the fiscal year.
491	Section 38.  Section 25.386, Florida Statutes, is amended
492	to read:
493	25.386  Foreign language court interpreters.-The Supreme
494	Court of Civil Appeals shall establish minimum standards and
495	procedures for qualifications, certification, professional
496	conduct, discipline, and training of foreign language court
497	interpreters who are appointed by a court of competent
498	jurisdiction. The Supreme Court of Civil Appeals shall set fees
499	to be charged to applicants for certification and renewal of
500	certification as a foreign language court interpreter. The
501	revenues generated from such fees shall be used to offset the
502	costs of administration of the certification program and shall
503	be deposited into the Administrative Trust Fund within the state
504	courts system. The Supreme Court of Civil Appeals may appoint or
505	employ such personnel as are necessary to assist the court in
506	administering this section.
507	Section 39.  Paragraph (a) of subsection (3) of section
508	26.55, Florida Statutes, is amended to read:
509	26.55  Conference of Circuit Judges of Florida; duties and
510	reports.-
511	(3)(a)  It is declared to be the responsibility of the
512	conference to:
513	1.  Consider and make recommendations concerning the
514	betterment of the judicial system of the state and its various
515	parts;
516	2.  Consider and make recommendations concerning the
517	improvement of rules and methods of procedure and practice in
518	the several courts; and
519	3.  Report to each the supreme court such findings and
520	recommendations as the conference may have with reference
521	thereto.
522	Section 40.  Section 26.57, Florida Statutes, is amended to
523	read:
524	26.57  Temporary designation of county court judge to
525	preside over circuit court cases.-A county court judge may be
526	designated on a temporary basis to preside over circuit court
527	cases by the chief justice of either the supreme court upon
528	recommendation of the chief judge of the circuit. He or she may
529	be assigned to exercise all county and circuit court
530	jurisdiction in the county, except appeals from the county
531	court. In addition, he or she may be required to perform the
532	duties of circuit judge in other counties of the circuit as time
533	may permit and as the need arises, as determined by the chief
534	judge of the circuit. A county court judge designated to preside
535	over circuit court cases shall receive the same salary as a
536	circuit court judge, to the extent that funds are specifically
537	appropriated by law for such purposes.
538	Section 41.  Section 27.05, Florida Statutes, is amended to
539	read:
540	27.05  Assisting Attorney General.-In addition to the
541	duties now imposed upon the several state attorneys of this
542	state, by statute, they shall assist the Attorney General in the
543	preparation and presentation of all appeals to the appropriate
544	supreme court, from the circuit court of their respective
545	circuits, of all cases, civil or criminal, in which the state is
546	a party.
547	Section 42.  Subsections (1) and (2) of section 27.14,
548	Florida Statutes, are amended to read:
549	27.14  Assigning state attorneys to other circuits.-
550	(1)  If any state attorney is disqualified to represent the
551	state in any investigation, case, or matter pending in the
552	courts of his or her circuit or if, for any other good and
553	sufficient reason, the Governor determines that the ends of
554	justice would be best served, the Governor may, by executive
555	order filed with the Department of State, either order an
556	exchange of circuits or of courts between such state attorney
557	and any other state attorney or order an assignment of any state
558	attorney to discharge the duties of the state attorney with
559	respect to one or more specified investigations, cases, or
560	matters, specified in general in the executive order of the
561	Governor. Any exchange or assignment of any state attorney to a
562	particular circuit shall expire 12 months after the date of
563	issuance, unless an extension is approved by order of the
564	Supreme Court of Criminal Appeals upon application of the
565	Governor showing good and sufficient cause to extend such
566	exchange or assignment.
567	(2)  If the statewide prosecutor in charge of the Office of
568	Statewide Prosecution determines that he or she is not qualified
569	to represent the state in any investigation, case, or matter
570	pending in the courts of the state or if a court of competent
571	jurisdiction disqualifies him or her from representing the
572	state, the Governor may, by executive order filed with the
573	Department of State, order an assignment of any state attorney
574	to discharge the duties of such prosecutor with respect to one
575	or more specified investigations, cases, or matters, generally
576	described in the order. The assignment of any state attorney
577	shall expire 12 months after the date of issuance, unless an
578	extension is approved by order of the Supreme Court of Criminal
579	Appeals upon application of the Governor showing good and
580	sufficient cause to extend such assignment.
581	Section 43.  Subsection (1) of section 27.151, Florida
582	Statutes, is amended to read:
583	27.151  Confidentiality of specified executive orders;
584	criteria.-
585	(1)  If the Governor provides in an executive order issued
586	pursuant to s. 27.14 or s. 27.15 that the order or a portion
587	thereof is confidential, the order or portion so designated, the
588	application of the Governor to the Supreme Court of Criminal
589	Appeals and all proceedings thereon, and the order of the
590	Supreme Court of Criminal Appeals shall be confidential and
591	exempt from the provisions of s. 119.07(1).
592	Section 44.  Paragraph (d) of subsection (3) of section
593	27.40, Florida Statutes, is amended to read:
594	27.40  Court-appointed counsel; circuit registries; minimum
595	requirements; appointment by court.-
596	(3)  In utilizing a registry:
597	(d)  Quarterly, each chief judge shall provide a current
598	copy of each registry to the chief justice of each the supreme
599	court, the state attorney and public defender in each judicial
600	circuit, the office of criminal conflict and civil regional
601	counsel, the clerk of court in each county, and the Justice
602	Administrative Commission. From October 1, 2005, through
603	September 30, 2007, the report submitted by the Eleventh
604	Judicial Circuit shall include the race, gender, and national
605	origin of all attorneys listed in and appointed under the
606	registry.
607	Section 45.  Subsection (2) of section 27.405, Florida
608	Statutes, is amended to read:
609	27.405  Court-appointed counsel; Justice Administrative
610	Commission tracking and reporting.-
611	(2)  The commission shall prepare and issue on a quarterly
612	basis a statewide report comparing actual year-to-date
613	expenditures to budget amounts for each of the judicial
614	circuits. The commission shall prepare and issue on an annual
615	basis a statewide report comparing performance measures for each
616	of the judicial circuits. The commission shall distribute copies
617	of the quarterly and annual reports to the Governor, the chief
618	justice of each the supreme court, the President of the Senate,
619	and the Speaker of the House of Representatives.
620	Section 46.  Paragraph (e) of subsection (1) and paragraph
621	(a) of subsection (5) of section 27.51, Florida Statutes, are
622	amended to read:
623	27.51  Duties of public defender.-
624	(1)  The public defender shall represent, without
625	additional compensation, any person determined to be indigent
626	under s. 27.52 and:
627	(e)  Convicted and sentenced to death, for purposes of
628	handling an appeal to the Supreme Court of Criminal Appeals; or
629	(5)(a)  When direct appellate proceedings prosecuted by a
630	public defender on behalf of an accused and challenging a
631	judgment of conviction and sentence of death terminate in an
632	affirmance of such conviction and sentence, whether by the
633	Florida Supreme Court of Criminal Appeals or by the United
634	States Supreme Court or by expiration of any deadline for filing
635	such appeal in a state or federal court, the public defender
636	shall notify the accused of his or her rights pursuant to Rule
637	3.850, Florida Rules of Criminal Procedure, including any time
638	limits pertinent thereto, and shall advise such person that
639	representation in any collateral proceedings is the
640	responsibility of the capital collateral regional counsel. The
641	public defender shall then forward all original files on the
642	matter to the capital collateral regional counsel, retaining
643	such copies for his or her files as may be desired. However, the
644	trial court shall retain the power to appoint the public
645	defender or other attorney not employed by the capital
646	collateral regional counsel to represent such person in
647	proceedings for relief by executive clemency pursuant to ss.
648	27.40 and 27.5303.
649	Section 47.  Paragraph (e) of subsection (5) and subsection
650	(9) of section 27.511, Florida Statutes, are amended to read:
651	27.511  Offices of criminal conflict and civil regional
652	counsel; legislative intent; qualifications; appointment;
653	duties.-
654	(5)  When the Office of the Public Defender, at any time
655	during the representation of two or more defendants, determines
656	that the interests of those accused are so adverse or hostile
657	that they cannot all be counseled by the public defender or his
658	or her staff without a conflict of interest, or that none can be
659	counseled by the public defender or his or her staff because of
660	a conflict of interest, and the court grants the public
661	defender's motion to withdraw, the office of criminal conflict
662	and civil regional counsel shall be appointed and shall provide
663	legal services, without additional compensation, to any person
664	determined to be indigent under s. 27.52, who is:
665	(e)  Convicted and sentenced to death, for purposes of
666	handling an appeal to the Supreme Court of Criminal Appeals;
667	(9)  When direct appellate proceedings prosecuted by the
668	office of criminal conflict and civil regional counsel on behalf
669	of an accused and challenging a judgment of conviction and
670	sentence of death terminate in an affirmance of such conviction
671	and sentence, whether by the Supreme Court of Criminal Appeals
672	or by the United States Supreme Court or by expiration of any
673	deadline for filing such appeal in a state or federal court, the
674	office of criminal conflict and civil regional counsel shall
675	notify the accused of his or her rights pursuant to Rule 3.850,
676	Florida Rules of Criminal Procedure, including any time limits
677	pertinent thereto, and shall advise such person that
678	representation in any collateral proceedings is the
679	responsibility of the capital collateral regional counsel. The
680	office of criminal conflict and civil regional counsel shall
681	forward all original files on the matter to the capital
682	collateral regional counsel, retaining such copies for his or
683	her files as may be desired or required by law. However, the
684	trial court shall retain the power to appoint the office of
685	criminal conflict and civil regional counsel or other attorney
686	not employed by the capital collateral regional counsel to
687	represent such person in proceedings for relief by executive
688	clemency pursuant to ss. 27.40 and 27.5303.
689	Section 48.  Subsection (2) of section 27.512, Florida
690	Statutes, is amended to read:
691	27.512  Order of no imprisonment.-
692	(2)  The form and contents of an order of no imprisonment
693	shall be determined by court rule rules adopted by the Supreme
694	Court.
695	Section 49.  Subsection (1) of section 27.52, Florida
696	Statutes, is amended to read:
697	27.52  Determination of indigent status.-
698	(1)  APPLICATION TO THE CLERK.-A person seeking appointment
699	of a public defender under s. 27.51 based upon an inability to
700	pay must apply to the clerk of the court for a determination of
701	indigent status using an application form developed by the
702	Florida Clerks of Court Operations Corporation with final
703	approval by the Supreme Court of Criminal Appeals.
704	(a)  The application must include, at a minimum, the
705	following financial information:
706	1.  Net income, consisting of total salary and wages, minus
707	deductions required by law, including court-ordered support
708	payments.
709	2.  Other income, including, but not limited to, social
710	security benefits, union funds, veterans' benefits, workers'
711	compensation, other regular support from absent family members,
712	public or private employee pensions, unemployment compensation,
713	dividends, interest, rent, trusts, and gifts.
714	3.  Assets, including, but not limited to, cash, savings
715	accounts, bank accounts, stocks, bonds, certificates of deposit,
716	equity in real estate, and equity in a boat or a motor vehicle
717	or in other tangible property.
718	4.  All liabilities and debts.
719	5.  If applicable, the amount of any bail paid for the
720	applicant's release from incarceration and the source of the
721	funds.
722
723	The application must include a signature by the applicant which
724	attests to the truthfulness of the information provided. The
725	application form developed by the corporation must include
726	notice that the applicant may seek court review of a clerk's
727	determination that the applicant is not indigent, as provided in
728	this section.
729	(b)  An applicant shall pay a $50 application fee to the
730	clerk for each application for court-appointed counsel filed.
731	The applicant shall pay the fee within 7 days after submitting
732	the application. If the applicant does not pay the fee prior to
733	the disposition of the case, the clerk shall notify the court,
734	and the court shall:
735	1.  Assess the application fee as part of the sentence or
736	as a condition of probation; or
737	2.  Assess the application fee pursuant to s. 938.29.
738	(c)  Notwithstanding any provision of law, court rule, or
739	administrative order, the clerk shall assign the first $50 of
740	any fees or costs paid by an indigent person as payment of the
741	application fee. A person found to be indigent may not be
742	refused counsel or other required due process services for
743	failure to pay the fee.
744	(d)  All application fees collected by the clerk under this
745	section shall be transferred monthly by the clerk to the
746	Department of Revenue for deposit in the Indigent Criminal
747	Defense Trust Fund administered by the Justice Administrative
748	Commission, to be used to as appropriated by the Legislature.
749	The clerk may retain 2 percent of application fees collected
750	monthly for administrative costs prior to remitting the
751	remainder to the Department of Revenue.
752	(e)1.  The clerk shall assist a person who appears before
753	the clerk and requests assistance in completing the application,
754	and the clerk shall notify the court if a person is unable to
755	complete the application after the clerk has provided
756	assistance.
757	2.  If the person seeking appointment of a public defender
758	is incarcerated, the public defender is responsible for
759	providing the application to the person and assisting him or her
760	in its completion and is responsible for submitting the
761	application to the clerk on the person's behalf. The public
762	defender may enter into an agreement for jail employees,
763	pretrial services employees, or employees of other criminal
764	justice agencies to assist the public defender in performing
765	functions assigned to the public defender under this
766	subparagraph.
767	Section 50.  Paragraph (a) of subsection (4) of section
768	27.5303, Florida Statutes, is amended to read:
769	27.5303  Public defenders; criminal conflict and civil
770	regional counsel; conflict of interest.-
771	(4)(a)  If a defendant is convicted and the death sentence
772	is imposed, the appointed attorney shall continue representation
773	through appeal to the Supreme Court of Criminal Appeals. The
774	attorney shall be compensated as provided in s. 27.5304. If the
775	attorney first appointed is unable to handle the appeal, the
776	court shall appoint another attorney and that attorney shall be
777	compensated as provided in s. 27.5304.
778	Section 51.  Paragraph (b) of subsection (5), subsection
779	(9), and paragraph (f) of subsection (12) of section 27.5304,
780	Florida Statutes, are amended to read:
781	27.5304  Private court-appointed counsel; compensation.-
782	(5)  The compensation for representation in a criminal
783	proceeding shall not exceed the following:
784	(b)  If a death sentence is imposed and affirmed on appeal
785	to the Supreme Court of Criminal Appeals, the appointed attorney
786	shall be allowed compensation, not to exceed $1,000, for
787	attorney's fees and costs incurred in representing the defendant
788	as to an application for executive clemency, with compensation
789	to be paid out of general revenue from funds budgeted to the
790	Department of Corrections.
791	(9)  Private court-appointed counsel representing an
792	individual in an appeal to a district court of appeal or a the
793	supreme court may submit a request for payment to the Justice
794	Administrative Commission at the following intervals:
795	(a)  Upon the filing of an appellate brief, including, but
796	not limited to, a reply brief.
797	(b)  When the opinion of the appellate court is finalized.
798	(12)  The Legislature recognizes that on rare occasions an
799	attorney may receive a case that requires extraordinary and
800	unusual effort.
801	(f)  The Justice Administrative Commission shall provide to
802	the Office of the State Courts Administrator data concerning the
803	number of cases approved for compensation in excess of the
804	limitation and the amount of these awards by circuit and by
805	judge. The Office of the State Courts Administrator shall report
806	the data quarterly to the President of the Senate, the Speaker
807	of the House of Representatives, the Chief Justice of the
808	Supreme Court of Criminal Appeals, and the chief judge of each
809	circuit.
810	Section 52.  Paragraph (a) of subsection (7) of section
811	27.7081, Florida Statutes, is amended to read:
812	27.7081  Capital postconviction public records production.-
813	(7)(a)  Within 180 days after a capital collateral regional
814	counsel or private counsel is appointed to represent a defendant
815	sentenced to death, or within 30 days after issuance of the
816	Florida Supreme Court of Criminal Appeals' Court's mandate
817	affirming a death sentence, whichever is later, the regional
818	counsel, private counsel, or other counsel who is a member of
819	The Florida Bar and is authorized by such counsel representing a
820	defendant may send a written demand for additional public
821	records to each person or agency submitting public records under
822	subsection (3) and to each person or agency identified as having
823	information pertinent to the case under subsection (5). Should
824	the written demand include requests for records associated with
825	particular named individuals, the written demand shall also
826	include a brief statement describing each named person's role in
827	the case and relationship to the defendant. Race, sex, and date
828	of birth shall also be included in the demand if the public
829	defender, private counsel, or capital collateral regional
830	counsel has such information. Each person or agency notified
831	under this subsection shall, within 60 days after receipt of the
832	written demand, deliver to the records repository or, if the
833	records are confidential or exempt, to the clerk of the court in
834	the county in which the capital case was tried any additional
835	public records in the possession of the person or agency which
836	pertain to the case and shall certify that to the best of his or
837	her knowledge and belief all additional public records have been
838	delivered or, if no additional public records are found, shall
839	recertify that the public records previously delivered are
840	complete.
841	Section 53.  Subsection (2) of section 27.709, Florida
842	Statutes, is amended to read:
843	27.709  Commission on Capital Cases.-
844	(2)(a)  The commission shall review the administration of
845	justice in capital collateral cases, receive relevant public
846	input, review the operation of the capital collateral regional
847	counsel and private counsel appointed pursuant to ss. 27.710 and
848	27.711, and advise and make recommendations to the Governor,
849	Legislature, and Supreme Court of Criminal Appeals.
850	(b)  As part of its duties, the commission shall compile
851	and analyze case-tracking reports produced by the Supreme Court
852	of Criminal Appeals. In analyzing these reports, the commission
853	shall develop statistics to identify trends and changes in case
854	management and case processing, identify and evaluate
855	unproductive points of delay, and generally evaluate the way
856	cases are progressing. The commission shall report these
857	findings to the Legislature by January 1 of each year.
858	(c)  In addition, the commission shall receive complaints
859	regarding the practice of any office of regional counsel and
860	private counsel appointed pursuant to ss. 27.710 and 27.711 and
861	shall refer any complaint to The Florida Bar, the State Supreme
862	Court of Civil Appeals, or the Commission on Ethics, as
863	appropriate.
864	Section 54.  Section 27.7091, Florida Statutes, is amended
865	to read:
866	27.7091  Legislative recommendations to Supreme Court of
867	Criminal Appeals; postconviction proceedings; pro bono service
868	credit.-In the interest of promoting justice and integrity with
869	respect to capital collateral representation, the Legislature
870	recommends that the Supreme Court of Criminal Appeals:
871	(1)  Adopt by rule the provisions of s. 924.055, which
872	limit the time for postconviction proceedings in capital cases.
873	(2)  Award pro bono service credit for time spent by an
874	attorney in providing legal representation to an individual
875	sentenced to death in this state, regardless of whether the
876	attorney receives compensation for such representation.
877	Section 55.  Subsection (1) of section 27.710, Florida
878	Statutes, is amended to read:
879	27.710  Registry of attorneys applying to represent persons
880	in postconviction capital collateral proceedings; certification
881	of minimum requirements; appointment by trial court.-
882	(1)  The executive director of the Commission on Capital
883	Cases shall compile and maintain a statewide registry of
884	attorneys in private practice who have certified that they meet
885	the minimum requirements of s. 27.704(2), who are available for
886	appointment by the court under this section to represent persons
887	convicted and sentenced to death in this state in postconviction
888	collateral proceedings, and who have attended within the last
889	year a continuing legal education program of at least 10 hours'
890	duration devoted specifically to the defense of capital cases,
891	if available. Continuing legal education programs meeting the
892	requirements of this rule offered by The Florida Bar or another
893	recognized provider and approved for continuing legal education
894	credit by The Florida Bar shall satisfy this requirement. The
895	failure to comply with this requirement may be cause for removal
896	from the list until the requirement is fulfilled. To ensure that
897	sufficient attorneys are available for appointment by the court,
898	when the number of attorneys on the registry falls below 50, the
899	executive director shall notify the chief judge of each circuit
900	by letter and request the chief judge to promptly submit the
901	names of at least three private attorneys who regularly practice
902	criminal law in that circuit and who appear to meet the minimum
903	requirements to represent persons in postconviction capital
904	collateral proceedings. The executive director shall send an
905	application to each attorney identified by the chief judge so
906	that the attorney may register for appointment as counsel in
907	postconviction capital collateral proceedings. As necessary, the
908	executive director may also advertise in legal publications and
909	other appropriate media for qualified attorneys interested in
910	registering for appointment as counsel in postconviction capital
911	collateral proceedings. Not later than September 1 of each year,
912	and as necessary thereafter, the executive director shall
913	provide to the Chief Justice of the Supreme Court of Criminal
914	Appeals, the chief judge and state attorney in each judicial
915	circuit, and the Attorney General a current copy of its registry
916	of attorneys who are available for appointment as counsel in
917	postconviction capital collateral proceedings. The registry must
918	be indexed by judicial circuit and must contain the requisite
919	information submitted by the applicants in accordance with this
920	section.
921	Section 56.  Paragraph (c) of subsection (1) and paragraphs
922	(d), (e), and (f) of subsection (4) of section 27.711, Florida
923	Statutes, are amended to read:
924	27.711  Terms and conditions of appointment of attorneys as
925	counsel in postconviction capital collateral proceedings.-
926	(1)  As used in s. 27.710 and this section, the term:
927	(c)  "Postconviction capital collateral proceedings" means
928	one series of collateral litigation of an affirmed conviction
929	and sentence of death, including the proceedings in the trial
930	court that imposed the capital sentence, any appellate review of
931	the sentence by the Supreme Court of Criminal Appeals, any
932	certiorari review of the sentence by the United States Supreme
933	Court, and any authorized federal habeas corpus litigation with
934	respect to the sentence. The term does not include repetitive or
935	successive collateral challenges to a conviction and sentence of
936	death which is affirmed by the Supreme Court of Criminal Appeals
937	and undisturbed by any collateral litigation.
938	(4)  Upon approval by the trial court, an attorney
939	appointed to represent a capital defendant under s. 27.710 is
940	entitled to payment of the following fees by the Chief Financial
941	Officer:
942	(d)  The attorney is entitled to $100 per hour, up to a
943	maximum of $20,000, after timely filing in the Supreme Court of
944	Criminal Appeals the capital defendant's brief or briefs that
945	address the trial court's final order granting or denying the
946	capital defendant's motion for postconviction relief and the
947	state petition for writ of habeas corpus.
948	(e)  The attorney is entitled to $100 per hour, up to a
949	maximum of $10,000, after the trial court issues an order,
950	pursuant to a remand from the Supreme Court of Criminal Appeals,
951	which directs the trial court to hold further proceedings on the
952	capital defendant's motion for postconviction relief.
953	(f)  The attorney is entitled to $100 per hour, up to a
954	maximum of $4,000, after the appeal of the trial court's denial
955	of the capital defendant's motion for postconviction relief and
956	the capital defendant's state petition for writ of habeas corpus
957	become final in the Supreme Court of Criminal Appeals.
958
959	The hours billed by a contracting attorney under this subsection
960	may include time devoted to representation of the defendant by
961	another attorney who is qualified under s. 27.710 and who has
962	been designated by the contracting attorney to assist him or
963	her.
964	Section 57.  Section 28.22205, Florida Statutes, is amended
965	to read:
966	28.22205  Electronic filing process.-Each clerk of court
967	shall implement an electronic filing process. The purpose of the
968	electronic filing process is to reduce judicial costs in the
969	office of the clerk and the judiciary, increase timeliness in
970	the processing of cases, and provide the judiciary with case-
971	related information to allow for improved judicial case
972	management. The Legislature requests that, no later than July 1,
973	2009, the Supreme Court of Civil Appeals set statewide standards
974	for electronic filing to be used by the clerks of court to
975	implement electronic filing. The standards should specify the
976	required information for the duties of the clerks of court and
977	the judiciary for case management. The clerks of court shall
978	begin implementation no later than October 1, 2009. The Florida
979	Clerks of Court Operations Corporation shall report to the
980	President of the Senate and the Speaker of the House of
981	Representatives by March 1, 2010, on the status of implementing
982	electronic filing. The report shall include the detailed status
983	of each clerk office's implementation of an electronic filing
984	process, and for those clerks who have not fully implemented
985	electronic filing by March 1, 2010, a description of the
986	additional steps needed and a projected timeline for full
987	implementation. Revenues provided to counties and the clerk of
988	court under s. 28.24(12)(e) for information technology may also
989	be used to implement electronic filing processes.
990	Section 58.  Subsection (2) of section 28.241, Florida
991	Statutes, is amended to read:
992	28.241  Filing fees for trial and appellate proceedings.-
993	(2)  Upon the institution of any appellate proceeding from
994	any lower court to the circuit court of any such county,
995	including appeals filed by a county or municipality as provided
996	in s. 34.041(5), or from the circuit court to an appellate court
997	of the state, the clerk shall charge and collect from the party
998	or parties instituting such appellate proceedings a filing fee
999	not to exceed $280 for filing a notice of appeal from the county
1000	court to the circuit court and, in addition to the filing fee
1001	required under s. 25.241 or s. 35.22, $100 for filing a notice
1002	of appeal from the circuit court to the district court of appeal
1003	or to either the supreme court. If the party is determined to be
1004	indigent, the clerk shall defer payment of the fee. The clerk
1005	shall remit the first $80 to the Department of Revenue for
1006	deposit into the General Revenue Fund.
1007	Section 59.  Paragraph (b) of subsection (1), paragraph (d)
1008	of subsection (2), and paragraph (b) of subsection (5) of
1009	section 28.35, Florida Statutes, are amended to read:
1010	28.35  Florida Clerks of Court Operations Corporation.-
1011	(1)
1012	(b)  The executive council shall be composed of eight
1013	clerks of the court elected by the clerks of the courts for a
1014	term of 2 years, with two clerks from counties with a population
1015	of fewer than 100,000, two clerks from counties with a
1016	population of at least 100,000 but fewer than 500,000, two
1017	clerks from counties with a population of at least 500,000 but
1018	fewer than 1 million, and two clerks from counties with a
1019	population of more than 1 million. The executive council shall
1020	also include, as ex officio members, a designee of the President
1021	of the Senate and a designee of the Speaker of the House of
1022	Representatives. The Chief Justice of the Supreme Court of Civil
1023	Appeals shall designate one additional member to represent the
1024	state courts system.
1025	(2)  The duties of the corporation shall include the
1026	following:
1027	(d)  Developing and certifying a uniform system of
1028	performance measures and applicable performance standards for
1029	the functions specified in paragraph (3)(a) and the service unit
1030	costs required in s. 28.36 and measures for clerk performance in
1031	meeting the performance standards. These measures and standards
1032	shall be designed to facilitate an objective determination of
1033	the performance of each clerk in accordance with minimum
1034	standards for fiscal management, operational efficiency, and
1035	effective collection of fines, fees, service charges, and court
1036	costs. The corporation shall develop the performance measures
1037	and performance standards in consultation with the Legislature
1038	and each the supreme court. The Legislature may modify the clerk
1039	performance measures and performance standards in legislation
1040	implementing the General Appropriations Act or other law. When
1041	the corporation finds a clerk has not met the performance
1042	standards, the corporation shall identify the nature of each
1043	deficiency and any corrective action recommended and taken by
1044	the affected clerk of the court. The corporation shall notify
1045	the Legislature and each the supreme court of any clerk not
1046	meeting performance standards and provide a copy of any
1047	corrective action plans.
1048	(5)
1049	(b)  Certified public accountants conducting audits of
1050	counties pursuant to s. 218.39 shall report, as part of the
1051	audit, whether or not the clerks of the courts have complied
1052	with the requirements of this section and s. 28.36. In addition,
1053	each clerk of court shall forward a copy of the portion of the
1054	financial audit relating to the court-related duties of the
1055	clerk of court to each the supreme court. The Auditor General
1056	shall develop a compliance supplement for the audit of
1057	compliance with the budgets and applicable performance standards
1058	certified by the corporation.
1059	Section 60.  Subsections (1), (4), (5), (7), and (8) of
1060	section 28.36, Florida Statutes, are amended to read:
1061	28.36  Budget procedure.-There is established a budget
1062	procedure for preparing budget requests for funding for the
1063	court-related functions of the clerks of the court.
1064	(1)  Each clerk of court shall prepare a budget request for
1065	the last quarter of the county fiscal year and the first three
1066	quarters of the next county fiscal year. The proposed budget
1067	shall be prepared, summarized, and submitted by the clerk in
1068	each county to the Florida Clerks of Court Operations
1069	Corporation in the manner and form prescribed by the corporation
1070	to meet the requirements of law. Each clerk shall forward a copy
1071	of his or her budget request to the supreme courts Court. The
1072	budget requests must be provided to the corporation by October 1
1073	of each year.
1074	(4)  The budget request must identify the service units to
1075	be provided within each core service. The service units shall be
1076	developed by the corporation, in consultation with the supreme
1077	courts Court, the Chief Financial Officer, and the
1078	appropriations committees of the Senate and the House of
1079	Representatives.
1080	(5)  The budget request must propose a unit cost for each
1081	service unit. The corporation shall provide a copy of each
1082	clerk's budget request to the supreme courts Court.
1083	(7)  The corporation shall complete its review and
1084	adjustments to the clerks' budget requests and make its
1085	recommendations to the Legislature and the supreme courts Court
1086	by December 1 each year.
1087	(8)  The Chief Financial Officer shall review the proposed
1088	unit costs associated with each clerk of court's budget request
1089	and make recommendations to the Legislature. The Chief Financial
1090	Officer may conduct any audit of the corporation or a clerk of
1091	court as authorized by law. The chief justice of either of the
1092	supreme courts court may request an audit of the corporation or
1093	any clerk of court by the Chief Financial Officer.
1094	Section 61.  Subsection (1) of section 29.001, Florida
1095	Statutes, is amended to read:
1096	29.001  State courts system elements and definitions.-
1097	(1)  For the purpose of implementing s. 14, Art. V of the
1098	State Constitution, the state courts system is defined to
1099	include the enumerated elements of the supreme courts court,
1100	district courts of appeal, circuit courts, county courts, and
1101	certain supports thereto. The offices of public defenders and
1102	state attorneys are defined to include the enumerated elements
1103	of the 20 state attorneys' offices and the enumerated elements
1104	of the 20 public defenders' offices and five offices of criminal
1105	conflict and civil regional counsel. Court-appointed counsel are
1106	defined to include the enumerated elements for counsel appointed
1107	to ensure due process in criminal and civil proceedings in
1108	accordance with state and federal constitutional guarantees.
1109	Funding for the state courts system, the state attorneys'
1110	offices, the public defenders' offices, the offices of criminal
1111	conflict and civil regional counsel, and other court-appointed
1112	counsel shall be provided from state revenues appropriated by
1113	general law.
1114	Section 62.  Subsection (4) of section 29.004, Florida
1115	Statutes, is amended to read:
1116	29.004  State courts system.-For purposes of implementing
1117	s. 14, Art. V of the State Constitution, the elements of the
1118	state courts system to be provided from state revenues
1119	appropriated by general law are as follows:
1120	(4)  Construction or lease of facilities, maintenance,
1121	utilities, and security for the district courts of appeal and
1122	each the supreme court.
1123	Section 63.  Paragraph (a) of subsection (1) of section
1124	30.15, Florida Statutes, is amended to read:
1125	30.15  Powers, duties, and obligations.-
1126	(1)  Sheriffs, in their respective counties, in person or
1127	by deputy, shall:
1128	(a)  Execute all process of either the supreme court and of
1129	the, circuit courts, county courts, and boards of county
1130	commissioners of this state, to be executed in their counties.
1131	Section 64.  Subsection (3) of section 34.01, Florida
1132	Statutes, is amended to read:
1133	34.01  Jurisdiction of county court.-
1134	(3)  Judges of county courts shall also be committing trial
1135	court judges. Judges of county courts shall be coroners unless
1136	otherwise provided by law or by court rule of the Supreme Court.
1137	Section 65.  Subsection (1) of section 34.181, Florida
1138	Statutes, is amended to read:
1139	34.181  Branch courts.-
1140	(1)  Any municipality or county may apply to the chief
1141	judge of the circuit in which the municipality or county is
1142	situated for the county court to sit in a location suitable to
1143	the municipality or county and convenient in time and place to
1144	its citizens and police officers, and upon such application the
1145	said chief judge shall direct the court to sit in the location
1146	unless he or she shall determine the request is not justified.
1147	If the chief judge does not authorize the county court to sit in
1148	the location requested, the county or municipality may apply to
1149	the Supreme Court of Civil Appeals for an order directing the
1150	county court to sit in such location.
1151	Section 66.  Section 35.07, Florida Statutes, is amended to
1152	read:
1153	35.07  Power to make rules and regulations.-Subject to the
1154	administrative powers power of the supreme courts, a Supreme
1155	Court to make rules of practice and procedure, the district
1156	court courts of appeal may make such regulations as necessary
1157	for its the internal government of the court.
1158	Section 67.  Section 35.28, Florida Statutes, is amended to
1159	read:
1160	35.28  District courts of appeal libraries.-The library of
1161	each of the district courts of appeal and its custodian shall be
1162	provided for by court rule of the Supreme Court. Payment for
1163	books, equipment, supplies, and quarters as provided for in such
1164	rules shall be paid from funds appropriated for the district
1165	courts, on requisition drawn as provided by law.
1166	Section 68.  Section 38.07, Florida Statutes, is amended to
1167	read:
1168	38.07  Effect of orders entered prior to disqualification;
1169	petition for reconsideration.-When orders have been entered in
1170	any cause by a judge prior to the entry of any order of
1171	disqualification under s. 38.02 or s. 38.05, any party to the
1172	cause may, within 30 days after the filing in the cause of the
1173	order of the chief judge of the circuit or the chief justice of
1174	either the supreme court, as provided for in s. 38.09, petition
1175	the judge so designated for a reconsideration of the orders
1176	entered by the disqualified judge prior to the date of the entry
1177	of the order of disqualification. Such a petition shall set
1178	forth with particularity the matters of law or fact to be relied
1179	upon as grounds for the modification or vacation of the orders.
1180	Such a petition shall be granted as a matter of right. Upon the
1181	granting of the petition, notice of the time and place of the
1182	hearing thereon, together with a copy of the petition, shall be
1183	mailed by the attorney, or attorneys, of record for the
1184	petitioners to the other attorney or attorneys of record, or to
1185	the party or parties if they have no attorneys of record. This
1186	notice shall be mailed at least 8 days prior to the date fixed
1187	by the judge for the hearing. The judge before whom the cause is
1188	then pending may, after the hearing, affirm, approve, confirm,
1189	reenter, modify, or vacate the orders.
1190	Section 69.  Subsection (1) of section 39.4075, Florida
1191	Statutes, is amended to read:
1192	39.4075  Referral of a dependency case to mediation.-
1193	(1)  At any stage in a dependency proceeding, any party may
1194	request the court to refer the parties to mediation in
1195	accordance with chapter 44 and rules and procedures developed by
1196	the Supreme Court of Civil Appeals.
1197	Section 70.  Paragraph (b) of subsection (3) of section
1198	39.501, Florida Statutes, is amended to read:
1199	39.501  Petition for dependency.-
1200	(3)
1201	(b)  The form of the petition and its contents shall be
1202	determined by rules of juvenile procedure adopted by the Supreme
1203	Court of Civil Appeals.
1204	Section 71.  Subsection (1) of section 39.824, Florida
1205	Statutes, is amended to read:
1206	39.824  Procedures and jurisdiction.-
1207	(1)  The Supreme Court of Civil Appeals is requested to
1208	adopt rules of juvenile procedure by October 1, 1989, to
1209	implement this part. All procedures, including petitions,
1210	pleadings, subpoenas, summonses, and hearings in cases for the
1211	appointment of a guardian advocate shall be according to the
1212	Florida Rules of Juvenile Procedure unless otherwise provided by
1213	law.
1214	Section 72.  Subsection (2) of section 39.8296, Florida
1215	Statutes, is amended to read:
1216	39.8296  Statewide Guardian Ad Litem Office; legislative
1217	findings and intent; creation; appointment of executive
1218	director; duties of office.-
1219	(2)  STATEWIDE GUARDIAN AD LITEM OFFICE.-There is created a
1220	Statewide Guardian Ad Litem Office within the Justice
1221	Administrative Commission. The Justice Administrative Commission
1222	shall provide administrative support and service to the office
1223	to the extent requested by the executive director within the
1224	available resources of the commission. The Statewide Guardian Ad
1225	Litem Office shall not be subject to control, supervision, or
1226	direction by the Justice Administrative Commission in the
1227	performance of its duties, but the employees of the office shall
1228	be governed by the classification plan and salary and benefits
1229	plan approved by the Justice Administrative Commission.
1230	(a)  The head of the Statewide Guardian Ad Litem Office is
1231	the executive director, who shall be appointed by the Governor
1232	from a list of a minimum of three eligible applicants submitted
1233	by a Guardian Ad Litem Qualifications Committee. The Guardian Ad
1234	Litem Qualifications Committee shall be composed of five
1235	persons, two persons appointed by the Governor, two persons
1236	appointed by the Chief Justice of the Supreme Court of Civil
1237	Appeals, and one person appointed by the Statewide Guardian Ad
1238	Litem Association. The committee shall provide for statewide
1239	advertisement and the receiving of applications for the position
1240	of executive director. The Governor shall appoint an executive
1241	director from among the recommendations, or the Governor may
1242	reject the nominations and request the submission of new
1243	nominees. The executive director must have knowledge in
1244	dependency law and knowledge of social service delivery systems
1245	available to meet the needs of children who are abused,
1246	neglected, or abandoned. The executive director shall serve on a
1247	full-time basis and shall personally, or through representatives
1248	of the office, carry out the purposes and functions of the
1249	Statewide Guardian Ad Litem Office in accordance with state and
1250	federal law. The executive director shall report to the
1251	Governor. The executive director shall serve a 3-year term,
1252	subject to removal for cause by the Governor. Any person
1253	appointed to serve as the executive director may be permitted to
1254	serve more than one term.
1255	(b)  The Statewide Guardian Ad Litem Office shall, within
1256	available resources, have oversight responsibilities for and
1257	provide technical assistance to all guardian ad litem and
1258	attorney ad litem programs located within the judicial circuits.
1259	1.  The office shall identify the resources required to
1260	implement methods of collecting, reporting, and tracking
1261	reliable and consistent case data.
1262	2.  The office shall review the current guardian ad litem
1263	programs in Florida and other states.
1264	3.  The office, in consultation with local guardian ad
1265	litem offices, shall develop statewide performance measures and
1266	standards.
1267	4.  The office shall develop a guardian ad litem training
1268	program. The office shall establish a curriculum committee to
1269	develop the training program specified in this subparagraph. The
1270	curriculum committee shall include, but not be limited to,
1271	dependency judges, directors of circuit guardian ad litem
1272	programs, active certified guardians ad litem, a mental health
1273	professional who specializes in the treatment of children, a
1274	member of a child advocacy group, a representative of the
1275	Florida Coalition Against Domestic Violence, and a social worker
1276	experienced in working with victims and perpetrators of child
1277	abuse.
1278	5.  The office shall review the various methods of funding
1279	guardian ad litem programs, shall maximize the use of those
1280	funding sources to the extent possible, and shall review the
1281	kinds of services being provided by circuit guardian ad litem
1282	programs.
1283	6.  The office shall determine the feasibility or
1284	desirability of new concepts of organization, administration,
1285	financing, or service delivery designed to preserve the civil
1286	and constitutional rights and fulfill other needs of dependent
1287	children.
1288	7.  No later than October 1, 2004, The office shall submit
1289	to the Governor, the President of the Senate, the Speaker of the
1290	House of Representatives, and the Chief Justice of the Supreme
1291	Court of Civil Appeals an annual report an interim report
1292	describing the progress of the office in meeting the goals as
1293	described in this section. no later than October 1, 2004, the
1294	office shall submit to the Governor, the President of the
1295	Senate, the Speaker of the House of Representatives, and the
1296	Chief Justice of the Supreme Court a proposed plan including
1297	alternatives for meeting the state's guardian ad litem and
1298	attorney ad litem needs. This plan may include recommendations
1299	for less than the entire state, may include a phase-in system,
1300	and shall include estimates of the cost of each of the
1301	alternatives. each year thereafter, the office shall provide a
1302	status report and provide further recommendations to address the
1303	need for guardian ad litem services and related issues.
1304	Section 73.  Section 40.001, Florida Statutes, is amended
1305	to read:
1306	40.001  Chief judge; authority; duties.-The chief judge of
1307	each judicial circuit is vested with overall authority and
1308	responsibility for the management, operation, and oversight of
1309	the jury system within his or her circuit. However, in
1310	accordance with this chapter and chapter 905, the clerk of the
1311	circuit court has specific responsibilities regarding the
1312	processing of jurors, including, but not limited to,
1313	qualifications, summons, selection lists, reporting, and
1314	compensation of jurors. The clerk of the circuit court may
1315	contract with the chief judge for the court's assistance in the
1316	provision of services to process jurors. The chief judge may
1317	also designate to the clerk of the circuit court additional
1318	duties consistent with established uniform standards of jury
1319	management practices adopted by court rule or administrative
1320	order that the Supreme Court may adopt by rule or issue through
1321	administrative order.
1322	Section 74.  Section 40.225, Florida Statutes, is amended
1323	to read:
1324	40.225  Drawing jury venire; alternative method.-
1325	(1)  Whenever a majority of the judges authorized to
1326	conduct jury trials in a county consents, the names of
1327	prospective jurors and other data pertinent thereto may be fed
1328	into a mechanical, electronic, or electrical device and drawn
1329	therefrom as an alternative to other methods authorized by law
1330	for obtaining jury venires, if such drawing is by lot and at
1331	random and is approved by the supreme courts Court as
1332	hereinafter provided in this section.
1333	(2)  When a majority of the trial judges authorizes the
1334	alternative method of drawing a jury venire as provided in
1335	subsection (1), the chief judge of the judicial circuit in which
1336	the county is located shall make a certificate to that effect
1337	and transmit the same to the Office of the State Courts
1338	Administrator Chief Justice of the Supreme Court, together with
1339	a description of the equipment, methods, and mode of operation
1340	to be used.
1341	(3)  If the supreme courts find The Chief Justice shall
1342	cause the certificate and data accompanying it to be presented
1343	to the justices of the Supreme Court. If the court finds that
1344	the proposed method will produce venires selected by lot and at
1345	random, is in compliance with all constitutional requirements of
1346	jury selection, and is otherwise feasible and practicable, an
1347	order of approval of same shall be made and filed. Thereafter,
1348	the alternative method so approved may be used in the county so
1349	authorized.
1350	(4)  The chief judge of the judicial circuit in which the
1351	county is located shall supervise the use of such alternative
1352	method whenever approval of same has been made by order of the
1353	supreme courts Court.
1354	(5)  This section does not require Nothing herein shall be
1355	construed as requiring uniform equipment or methods throughout
1356	the state.
1357	Section 75.  Subsection (3) of section 43.26, Florida
1358	Statutes, is amended to read:
1359	43.26  Chief judge of circuit; selection; powers.-
1360	(3)  The chief judge shall be responsible to the chief
1361	justices of the supreme courts Chief Justice of the Supreme
1362	Court for such information as may be required by them the Chief
1363	Justice, including, but not limited to, caseload, status of
1364	dockets, and disposition of cases in the courts over which the
1365	chief judge he or she presides.
1366	Section 76.  Section 43.30, Florida Statutes, is amended to
1367	read:
1368	43.30  Divisions of court.-All courts except each the
1369	supreme court may sit in divisions as may be established by
1370	local rule approved by the Supreme Court.
1371	Section 77.  Subsections (1), (2), and (4) of section
1372	44.102, Florida Statutes, are amended to read:
1373	44.102  Court-ordered mediation.-
1374	(1)  Court-ordered mediation shall be conducted according
1375	to rules of practice and procedure adopted by the Supreme Court
1376	of Civil Appeals.
1377	(2)  A court, under rules adopted by the Supreme Court of
1378	Civil Appeals:
1379	(a)  Must, upon request of one party, refer to mediation
1380	any filed civil action for monetary damages, provided the
1381	requesting party is willing and able to pay the costs of the
1382	mediation or the costs can be equitably divided between the
1383	parties, unless:
1384	1.  The action is a landlord and tenant dispute that does
1385	not include a claim for personal injury.
1386	2.  The action is filed for the purpose of collecting a
1387	debt.
1388	3.  The action is a claim of medical malpractice.
1389	4.  The action is governed by the Florida Small Claims
1390	Rules.
1391	5.  The court determines that the action is proper for
1392	referral to nonbinding arbitration under this chapter.
1393	6.  The parties have agreed to binding arbitration.
1394	7.  The parties have agreed to an expedited trial pursuant
1395	to s. 45.075.
1396	8.  The parties have agreed to voluntary trial resolution
1397	pursuant to s. 44.104.
1398	(b)  May refer to mediation all or any part of a filed
1399	civil action for which mediation is not required under this
1400	section.
1401	(c)  In circuits in which a family mediation program has
1402	been established and upon a court finding of a dispute, shall
1403	refer to mediation all or part of custody, visitation, or other
1404	parental responsibility issues as defined in s. 61.13. Upon
1405	motion or request of a party, a court shall not refer any case
1406	to mediation if it finds there has been a history of domestic
1407	violence that would compromise the mediation process.
1408	(d)  In circuits in which a dependency or in need of
1409	services mediation program has been established, may refer to
1410	mediation all or any portion of a matter relating to dependency
1411	or to a child in need of services or a family in need of
1412	services.
1413	(4)  The chief judge of each judicial circuit shall
1414	maintain a list of mediators who have been certified by the
1415	Supreme Court of Civil Appeals and who have registered for
1416	appointment in that circuit.
1417	(a)  Whenever possible, qualified individuals who have
1418	volunteered their time to serve as mediators shall be appointed.
1419	If a mediation program is funded pursuant to s. 44.108,
1420	volunteer mediators shall be entitled to reimbursement pursuant
1421	to s. 112.061 for all actual expenses necessitated by service as
1422	a mediator.
1423	(b)  Nonvolunteer mediators shall be compensated according
1424	to rules adopted by the Supreme Court of Civil Appeals. If a
1425	mediation program is funded pursuant to s. 44.108, a mediator
1426	may be compensated by the county or by the parties.
1427	Section 78.  Subsections (1), (2), (5), and (6) of section
1428	44.103, Florida Statutes, are amended to read:
1429	44.103  Court-ordered, nonbinding arbitration.-
1430	(1)  Court-ordered, nonbinding arbitration shall be
1431	conducted according to the rules of practice and procedure
1432	adopted by the Supreme Court of Civil Appeals.
1433	(2)  A court, pursuant to rules adopted by the Supreme
1434	Court of Civil Appeals, may refer any contested civil action
1435	filed in a circuit or county court to nonbinding arbitration.
1436	(5)  The arbitration decision shall be presented to the
1437	parties in writing. An arbitration decision shall be final if a
1438	request for a trial de novo is not filed within the time
1439	provided by rules promulgated by the Supreme Court of Civil
1440	Appeals. The decision shall not be made known to the judge who
1441	may preside over the case unless no request for trial de novo is
1442	made as herein provided or unless otherwise provided by law. If
1443	no request for trial de novo is made within the time provided,
1444	the decision shall be referred to the presiding judge in the
1445	case who shall enter such orders and judgments as are required
1446	to carry out the terms of the decision, which orders shall be
1447	enforceable by the contempt powers of the court, and for which
1448	judgments execution shall issue on request of a party.
1449	(6)  Upon motion made by either party within 30 days after
1450	entry of judgment, the court may assess costs against the party
1451	requesting a trial de novo, including arbitration costs, court
1452	costs, reasonable attorney's fees, and other reasonable costs
1453	such as investigation expenses and expenses for expert or other
1454	testimony which were incurred after the arbitration hearing and
1455	continuing through the trial of the case in accordance with the
1456	guidelines for taxation of costs as adopted by the Supreme Court
1457	of Civil Appeals. Such costs may be assessed if:
1458	(a)  The plaintiff, having filed for a trial de novo,
1459	obtains a judgment at trial which is at least 25 percent less
1460	than the arbitration award. In such instance, the costs and
1461	attorney's fees pursuant to this section shall be set off
1462	against the award. When the costs and attorney's fees pursuant
1463	to this section total more than the amount of the judgment, the
1464	court shall enter judgment for the defendant against the
1465	plaintiff for the amount of the costs and attorney's fees, less
1466	the amount of the award to the plaintiff. For purposes of a
1467	determination under this paragraph, the term "judgment" means
1468	the amount of the net judgment entered, plus all taxable costs
1469	pursuant to the guidelines for taxation of costs as adopted by
1470	the Supreme Court of Civil Appeals, plus any postarbitration
1471	collateral source payments received or due as of the date of the
1472	judgment, and plus any postarbitration settlement amounts by
1473	which the verdict was reduced; or
1474	(b)  The defendant, having filed for a trial de novo, has a
1475	judgment entered against the defendant which is at least 25
1476	percent more than the arbitration award. For purposes of a
1477	determination under this paragraph, the term "judgment" means
1478	the amount of the net judgment entered, plus any postarbitration
1479	settlement amounts by which the verdict was reduced.
1480	Section 79.  Subsection (13) of section 44.104, Florida
1481	Statutes, is amended to read:
1482	44.104  Voluntary binding arbitration and voluntary trial
1483	resolution.-
1484	(13)  If no appeal is taken within the time provided by
1485	rules promulgated by the Supreme Court of Civil Appeals, then
1486	the decision shall be referred to the presiding judge in the
1487	case, or if one has not been assigned, then to the chief judge
1488	of the circuit for assignment to a circuit judge, who shall
1489	enter such orders and judgments as are required to carry out the
1490	terms of the decision, which orders shall be enforceable by the
1491	contempt powers of the court and for which judgments execution
1492	shall issue on request of a party.
1493	Section 80.  Section 44.106, Florida Statutes, is amended
1494	to read:
1495	44.106  Standards and procedures for mediators and
1496	arbitrators; fees.-The Supreme Court of Civil Appeals shall
1497	establish minimum standards and procedures for qualifications,
1498	certification, professional conduct, discipline, and training
1499	for mediators and arbitrators who are appointed pursuant to this
1500	chapter. The Supreme Court of Civil Appeals is authorized to set
1501	fees to be charged to applicants for certification and renewal
1502	of certification. The revenues generated from these fees shall
1503	be used to offset the costs of administration of the
1504	certification process. The Supreme Court of Civil Appeals may
1505	appoint or employ such personnel as are necessary to assist the
1506	court in exercising its powers and performing its duties under
1507	this chapter.
1508	Section 81.  Subsection (1), paragraph (c) of subsection
1509	(2), and subsection (3) of section 44.107, Florida Statutes, are
1510	amended to read:
1511	44.107  Immunity for arbitrators, mediators, and mediator
1512	trainees.-
1513	(1)  Arbitrators serving under s. 44.103 or s. 44.104,
1514	mediators serving under s. 44.102, and trainees fulfilling the
1515	mentorship requirements for certification by the Supreme Court
1516	of Civil Appeals as a mediator shall have judicial immunity in
1517	the same manner and to the same extent as a judge.
1518	(2)  A person serving as a mediator in any noncourt-ordered
1519	mediation shall have immunity from liability arising from the
1520	performance of that person's duties while acting within the
1521	scope of the mediation function if such mediation is:
1522	(c)  Facilitated by a mediator certified by the Supreme
1523	Court of Civil Appeals, unless the mediation parties expressly
1524	agree not to be bound by ss. 44.401-44.406.
1525
1526	The mediator does not have immunity if he or she acts in bad
1527	faith, with malicious purpose, or in a manner exhibiting wanton
1528	and willful disregard of human rights, safety, or property.
1529	(3)  A person serving under s. 44.106 to assist the Supreme
1530	Court of Civil Appeals in performing its disciplinary function
1531	shall have absolute immunity from liability arising from the
1532	performance of that person's duties while acting within the
1533	scope of that person's appointed function.
1534	Section 82.  Subsection (1) of section 44.108, Florida
1535	Statutes, is amended to read:
1536	44.108  Funding of mediation and arbitration.-
1537	(1)  Mediation and arbitration should be accessible to all
1538	parties regardless of financial status. A filing fee of $1 is
1539	levied on all proceedings in the circuit or county courts to
1540	fund mediation and arbitration services which are the
1541	responsibility of the Supreme Court of Civil Appeals pursuant to
1542	the provisions of s. 44.106. The clerk of the court shall
1543	forward the moneys collected to the Department of Revenue for
1544	deposit in the state courts' Mediation and Arbitration Trust
1545	Fund.
1546	Section 83.  Paragraph (c) of subsection (1) of section
1547	44.402, Florida Statutes, is amended to read:
1548	44.402  Scope.-
1549	(1)  Except as otherwise provided, ss. 44.401-44.406 apply
1550	to any mediation:
1551	(c)  Facilitated by a mediator certified by the Supreme
1552	Court of Civil Appeals, unless the mediation parties expressly
1553	agree not to be bound by ss. 44.401-44.406.
1554	Section 84.  Subsection (1) of section 57.082, Florida
1555	Statutes, is amended to read:
1556	57.082  Determination of civil indigent status.-
1557	(1)  APPLICATION TO THE CLERK.-A person seeking appointment
1558	of an attorney in a civil case eligible for court-appointed
1559	counsel, or seeking relief from payment of filing fees and
1560	prepayment of costs under s. 57.081, based upon an inability to
1561	pay must apply to the clerk of the court for a determination of
1562	civil indigent status using an application form developed by the
1563	Florida Clerks of Court Operations Corporation with final
1564	approval by the Supreme Court of Civil Appeals.
1565	(a)  The application must include, at a minimum, the
1566	following financial information:
1567	1.  Net income, consisting of total salary and wages, minus
1568	deductions required by law, including court-ordered support
1569	payments.
1570	2.  Other income, including, but not limited to, social
1571	security benefits, union funds, veterans' benefits, workers'
1572	compensation, other regular support from absent family members,
1573	public or private employee pensions, unemployment compensation,
1574	dividends, interest, rent, trusts, and gifts.
1575	3.  Assets, including, but not limited to, cash, savings
1576	accounts, bank accounts, stocks, bonds, certificates of deposit,
1577	equity in real estate, and equity in a boat or a motor vehicle
1578	or in other tangible property.
1579	4.  All liabilities and debts.
1580
1581	The application must include a signature by the applicant which
1582	attests to the truthfulness of the information provided. The
1583	application form developed by the corporation must include
1584	notice that the applicant may seek court review of a clerk's
1585	determination that the applicant is not indigent, as provided in
1586	this section.
1587	(b)  The clerk shall assist a person who appears before the
1588	clerk and requests assistance in completing the application, and
1589	the clerk shall notify the court if a person is unable to
1590	complete the application after the clerk has provided
1591	assistance.
1592	(c)  The clerk shall accept an application that is signed
1593	by the applicant and submitted on his or her behalf by a private
1594	attorney who is representing the applicant in the applicable
1595	matter.
1596	(d)  A person who seeks appointment of an attorney in a
1597	proceeding under chapter 39, at shelter hearings or during the
1598	adjudicatory process, during the judicial review process, upon
1599	the filing of a petition to terminate parental rights, or upon
1600	the filing of any appeal, or if the person seeks appointment of
1601	an attorney in a reopened proceeding, for which an indigent
1602	person is eligible for court-appointed representation must pay a
1603	$50 application fee to the clerk for each application filed. A
1604	person is not required to pay more than one application fee per
1605	case. However, an appeal or the reopening of a proceeding shall
1606	be deemed to be a distinct case. The applicant must pay the fee
1607	within 7 days after submitting the application. If the applicant
1608	has not paid the fee within 7 days, the court shall enter an
1609	order requiring payment, and the clerk shall pursue collection
1610	under s. 28.246. The clerk shall transfer monthly all
1611	application fees collected under this paragraph to the
1612	Department of Revenue for deposit into the Indigent Civil
1613	Defense Trust Fund, to be used as appropriated by the
1614	Legislature. The clerk may retain 10 percent of application fees
1615	collected monthly for administrative costs prior to remitting
1616	the remainder to the Department of Revenue. If the person cannot
1617	pay the application fee, the clerk shall enroll the person in a
1618	payment plan pursuant to s. 28.246.
1619	Section 85.  Section 57.101, Florida Statutes, is amended
1620	to read:
1621	57.101  Costs in supreme courts court; certain not
1622	taxable.-The costs of copies of the record of any paper on file
1623	in either the supreme court may shall not be taxed as costs
1624	against the losing party unless the copies have been ordered by
1625	the party or his or her attorney.
1626	Section 86.  Subsection (1) of section 59.081, Florida
1627	Statutes, is amended to read:
1628	59.081  Time for invoking appellate jurisdiction of any
1629	court.-
1630	(1)  The time within which and the method by which the
1631	jurisdiction of any court in this state possessed of power to
1632	review the action of any other court, commission, officer or
1633	bureau may be invoked by appeal, certiorari, petition for
1634	review, or other process by whatever name designated, and the
1635	manner of computing such time shall be prescribed by court rule
1636	of the Supreme Court.
1637	Section 87.  Section 59.45, Florida Statutes, is amended to
1638	read:
1639	59.45  Misconception of remedy; supreme courts court.-If an
1640	appeal be improvidently taken where the remedy might have been
1641	more properly sought by certiorari, this alone shall not be a
1642	ground for dismissal; but the notice of appeal and the record
1643	thereon shall be regarded and acted on as a petition for
1644	certiorari duly presented to the appropriate supreme court.
1645	Section 88.  Paragraph (a) of subsection (4) of section
1646	61.125, Florida Statutes, is amended to read:
1647	61.125  Parenting coordination.-
1648	(4)  QUALIFICATIONS OF A PARENTING COORDINATOR.-A parenting
1649	coordinator is an impartial third person whose role is to assist
1650	the parents in successfully creating or implementing a parenting
1651	plan. Unless there is a written agreement between the parties,
1652	the court may appoint only a qualified parenting coordinator.
1653	(a)  To be qualified, a parenting coordinator must:
1654	1.  Meet one of the following professional requirements:
1655	a.  Be licensed as a mental health professional under
1656	chapter 490 or chapter 491.
1657	b.  Be licensed as a physician under chapter 458, with
1658	certification by the American Board of Psychiatry and Neurology.
1659	c.  Be certified by the Florida Supreme Court of Civil
1660	Appeals as a family law mediator, with at least a master's
1661	degree in a mental health field.
1662	d.  Be a member in good standing of The Florida Bar.
1663	2.  Complete all of the following:
1664	a.  Three years of postlicensure or postcertification
1665	practice.
1666	b.  A family mediation training program certified by the
1667	Florida Supreme Court of Civil Appeals.
1668	c.  A minimum of 24 hours of parenting coordination
1669	training in parenting coordination concepts and ethics, family
1670	systems theory and application, family dynamics in separation
1671	and divorce, child and adolescent development, the parenting
1672	coordination process, parenting coordination techniques, and
1673	Florida family law and procedure, and a minimum of 4 hours of
1674	training in domestic violence and child abuse which is related
1675	to parenting coordination.
1676	Section 89.  Subsection (1) of section 61.183, Florida
1677	Statutes, is amended to read:
1678	61.183  Mediation of certain contested issues.-
1679	(1)  In any proceeding in which the issues of parental
1680	responsibility, primary residence, access to, visitation with,
1681	or support of a child are contested, the court may refer the
1682	parties to mediation in accordance with court rules promulgated
1683	by the Supreme Court. In Title IV-D cases, any costs, including
1684	filing fees, recording fees, mediation costs, service of process
1685	fees, and other expenses incurred by the clerk of the circuit
1686	court, shall be assessed only against the nonprevailing obligor
1687	after the court makes a determination of the nonprevailing
1688	obligor's ability to pay such costs and fees.
1689	Section 90.  Section 75.08, Florida Statutes, is amended to
1690	read:
1691	75.08  Appeal and review.-Any party to the action whether
1692	plaintiff, defendant, intervenor or otherwise, dissatisfied with
1693	the final judgment, may appeal to the Supreme Court of Civil
1694	Appeals within the time and in the manner prescribed by the
1695	Florida Rules of Appellate Procedure.
1696	Section 91.  Subsection (4) of section 90.902, Florida
1697	Statutes, is amended to read:
1698	90.902  Self-authentication.-Extrinsic evidence of
1699	authenticity as a condition precedent to admissibility is not
1700	required for:
1701	(4)  A copy of an official public record, report, or entry,
1702	or of a document authorized by law to be recorded or filed and
1703	actually recorded or filed in a public office, including data
1704	compilations in any form, certified as correct by the custodian
1705	or other person authorized to make the certification by
1706	certificate complying with subsection (1), subsection (2), or
1707	subsection (3) or complying with any act of the Legislature or
1708	court rule adopted by the Supreme Court.
1709	Section 92.  Paragraphs (c) and (e) of subsection (5) of
1710	section 100.371, Florida Statutes, are amended to read:
1711	100.371  Initiatives; procedure for placement on ballot.-
1712	(5)
1713	(c)  All meetings of the Financial Impact Estimating
1714	Conference shall be open to the public. The President of the
1715	Senate and the Speaker of the House of Representatives, jointly,
1716	shall be the sole judge for the interpretation, implementation,
1717	and enforcement of this subsection.
1718	1.  The Financial Impact Estimating Conference is
1719	established to review, analyze, and estimate the financial
1720	impact of amendments to or revisions of the State Constitution
1721	proposed by initiative. The Financial Impact Estimating
1722	Conference shall consist of four principals: one person from the
1723	Executive Office of the Governor; the coordinator of the Office
1724	of Economic and Demographic Research, or his or her designee;
1725	one person from the professional staff of the Senate; and one
1726	person from the professional staff of the House of
1727	Representatives. Each principal shall have appropriate fiscal
1728	expertise in the subject matter of the initiative. A Financial
1729	Impact Estimating Conference may be appointed for each
1730	initiative.
1731	2.  Principals of the Financial Impact Estimating
1732	Conference shall reach a consensus or majority concurrence on a
1733	clear and unambiguous financial impact statement, no more than
1734	75 words in length, and immediately submit the statement to the
1735	Attorney General. Nothing in this subsection prohibits the
1736	Financial Impact Estimating Conference from setting forth a
1737	range of potential impacts in the financial impact statement.
1738	Any financial impact statement that a court finds not to be in
1739	accordance with this section shall be remanded solely to the
1740	Financial Impact Estimating Conference for redrafting. The
1741	Financial Impact Estimating Conference shall redraft the
1742	financial impact statement within 15 days.
1743	3.  If the members of the Financial Impact Estimating
1744	Conference are unable to agree on the statement required by this
1745	subsection, or if the Supreme Court of Civil Appeals has
1746	rejected the initial submission by the Financial Impact
1747	Estimating Conference and no redraft has been approved by the
1748	Supreme Court of Civil Appeals by 5 p.m. on the 75th day before
1749	the election, the following statement shall appear on the ballot
1750	pursuant to s. 101.161(1): "The financial impact of this
1751	measure, if any, cannot be reasonably determined at this time."
1752	(e)1.  Any financial impact statement that the Supreme
1753	Court of Civil Appeals finds not to be in accordance with this
1754	subsection shall be remanded solely to the Financial Impact
1755	Estimating Conference for redrafting, provided the court's
1756	advisory opinion is rendered at least 75 days before the
1757	election at which the question of ratifying the amendment will
1758	be presented. The Financial Impact Estimating Conference shall
1759	prepare and adopt a revised financial impact statement no later
1760	than 5 p.m. on the 15th day after the date of the court's
1761	opinion.
1762	2.  If, by 5 p.m. on the 75th day before the election, the
1763	Supreme Court of Civil Appeals has not issued an advisory
1764	opinion on the initial financial impact statement prepared by
1765	the Financial Impact Estimating Conference for an initiative
1766	amendment that otherwise meets the legal requirements for ballot
1767	placement, the financial impact statement shall be deemed
1768	approved for placement on the ballot.
1769	3.  In addition to the financial impact statement required
1770	by this subsection, the Financial Impact Estimating Conference
1771	shall draft an initiative financial information statement. The
1772	initiative financial information statement should describe in
1773	greater detail than the financial impact statement any projected
1774	increase or decrease in revenues or costs that the state or
1775	local governments would likely experience if the ballot measure
1776	were approved. If appropriate, the initiative financial
1777	information statement may include both estimated dollar amounts
1778	and a description placing the estimated dollar amounts into
1779	context. The initiative financial information statement must
1780	include both a summary of not more than 500 words and additional
1781	detailed information that includes the assumptions that were
1782	made to develop the financial impacts, workpapers, and any other
1783	information deemed relevant by the Financial Impact Estimating
1784	Conference.
1785	4.  The Department of State shall have printed, and shall
1786	furnish to each supervisor of elections, a copy of the summary
1787	from the initiative financial information statements. The
1788	supervisors shall have the summary from the initiative financial
1789	information statements available at each polling place and at
1790	the main office of the supervisor of elections upon request.
1791	5.  The Secretary of State and the Office of Economic and
1792	Demographic Research shall make available on the Internet each
1793	initiative financial information statement in its entirety. In
1794	addition, each supervisor of elections whose office has a
1795	website shall post the summary from each initiative financial
1796	information statement on the website. Each supervisor shall
1797	include the Internet addresses for the information statements on
1798	the Secretary of State's and the Office of Economic and
1799	Demographic Research's websites in the publication or mailing
1800	required by s. 101.20.
1801	Section 93.  Subsection (7) of section 105.036, Florida
1802	Statutes, is amended to read:
1803	105.036  Initiative for method of selection for circuit or
1804	county court judges; procedures for placement on ballot.-
1805	(7)  Within 10 days after each general election for which
1806	an initiative to change the method of selection of circuit or
1807	county court judges was placed on the ballot in any circuit or
1808	county in the state, the Secretary of State must notify the
1809	Chief Justice of the Supreme Court of Civil Appeals Florida of
1810	the changed method for selection of judges for any circuit or
1811	county where the initiative passed.
1812	Section 94.  Paragraph (a) of subsection (8) of section
1813	112.215, Florida Statutes, is amended to read:
1814	112.215  Government employees; deferred compensation
1815	program.-
1816	(8)(a)  There is created a Deferred Compensation Advisory
1817	Council composed of seven members.
1818	1.  One member shall be appointed by the Speaker of the
1819	House of Representatives and the President of the Senate jointly
1820	and shall be an employee of the legislative branch.
1821	2.  One member shall be appointed by the Chief Justice of
1822	the Supreme Court of Civil Appeals and shall be an employee of
1823	the judicial branch.
1824	3.  One member shall be appointed by the chair of the
1825	Public Employees Relations Commission and shall be a nonexempt
1826	public employee.
1827	4.  The remaining four members shall be employed by the
1828	executive branch and shall be appointed as follows:
1829	a.  One member shall be appointed by the Chancellor of the
1830	State University System and shall be an employee of the
1831	university system.
1832	b.  One member shall be appointed by the Chief Financial
1833	Officer and shall be an employee of the Chief Financial Officer.
1834	c.  One member shall be appointed by the Governor and shall
1835	be an employee of the executive branch.
1836	d.  One member shall be appointed by the Executive Director
1837	of the State Board of Administration and shall be an employee of
1838	the State Board of Administration.
1839	Section 95.  Subsection (1) of section 112.321, Florida
1840	Statutes, is amended to read:
1841	112.321  Membership, terms; travel expenses; staff.-
1842	(1)  The commission shall be composed of nine members. Five
1843	of these members shall be appointed by the Governor, no more
1844	than three of whom shall be from the same political party,
1845	subject to confirmation by the Senate. One member appointed by
1846	the Governor shall be a former city or county official and may
1847	be a former member of a local planning or zoning board which has
1848	only advisory duties. Two members shall be appointed by the
1849	Speaker of the House of Representatives, and two members shall
1850	be appointed by the President of the Senate. Neither the Speaker
1851	of the House of Representatives nor the President of the Senate
1852	shall appoint more than one member from the same political
1853	party. Of the nine members of the Commission, no more than five
1854	members shall be from the same political party at any one time.
1855	No member may hold any public employment. An individual who
1856	qualifies as a lobbyist pursuant to s. 11.045 or s. 112.3215 or
1857	pursuant to any local government charter or ordinance may not
1858	serve as a member of the commission, except that this
1859	prohibition does not apply to an individual who is a member of
1860	the commission on July 1, 2006, until the expiration of his or
1861	her current term. A member of the commission may not lobby any
1862	state or local governmental entity as provided in s. 11.045 or
1863	s. 112.3215 or as provided by any local government charter or
1864	ordinance, except that this prohibition does not apply to an
1865	individual who is a member of the commission on July 1, 2006,
1866	until the expiration of his or her current term. All members
1867	shall serve 2-year terms. A member may not serve more than two
1868	full terms in succession. Any member of the commission may be
1869	removed for cause by majority vote of the Governor, the
1870	President of the Senate, the Speaker of the House of
1871	Representatives, and the Chief Justice of the Supreme Court of
1872	Civil Appeals.
1873	Section 96.  Paragraph (b) of subsection (8) and subsection
1874	(10) of section 112.324, Florida Statutes, are amended to read:
1875	112.324  Procedures on complaints of violations; public
1876	records and meeting exemptions.-
1877	(8)  If, in cases pertaining to complaints other than
1878	complaints against impeachable officers or members of the
1879	Legislature, upon completion of a full and final investigation
1880	by the commission, the commission finds that there has been a
1881	violation of this part or of s. 8, Art. II of the State
1882	Constitution, it shall be the duty of the commission to report
1883	its findings and recommend appropriate action to the proper
1884	disciplinary official or body as follows, and such official or
1885	body shall have the power to invoke the penalty provisions of
1886	this part, including the power to order the appropriate
1887	elections official to remove a candidate from the ballot for a
1888	violation of s. 112.3145 or s. 8(a) and (i), Art. II of the
1889	State Constitution:
1890	(b)  The Supreme Court of Civil Appeals, in any case
1891	concerning an employee of the judicial branch.
1892	(10)  Notwithstanding the foregoing procedures of this
1893	section, a sworn complaint against any member or employee of the
1894	Commission on Ethics for violation of this part or of s. 8, Art.
1895	II of the State Constitution shall be filed with the President
1896	of the Senate and the Speaker of the House of Representatives.
1897	Each presiding officer shall, after determining that there are
1898	sufficient grounds for review, appoint three members of their
1899	respective bodies to a special joint committee who shall
1900	investigate the complaint. The members shall elect a chair from
1901	among their number. If the special joint committee finds
1902	insufficient evidence to establish probable cause to believe a
1903	violation of this part or of s. 8, Art. II of the State
1904	Constitution has occurred, it shall dismiss the complaint. If,
1905	upon completion of its preliminary investigation, the committee
1906	finds sufficient evidence to establish probable cause to believe
1907	a violation has occurred, the chair thereof shall transmit such
1908	findings to the Governor who shall convene a meeting of the
1909	Governor, the President of the Senate, the Speaker of the House
1910	of Representatives, and the Chief Justice of the Supreme Court
1911	of Civil Appeals to take such final action on the complaint as
1912	they shall deem appropriate, consistent with the penalty
1913	provisions of this part. Upon request of a majority of the
1914	Governor, the President of the Senate, the Speaker of the House
1915	of Representatives, and the Chief Justice of the Supreme Court
1916	of Civil Appeals, the special joint committee shall submit a
1917	recommendation as to what penalty, if any, should be imposed.
1918	Section 97.  Paragraph (j) of subsection (4) of section
1919	121.091, Florida Statutes, is amended to read:
1920	121.091  Benefits payable under the system.-Benefits may
1921	not be paid under this section unless the member has terminated
1922	employment as provided in s. 121.021(39)(a) or begun
1923	participation in the Deferred Retirement Option Program as
1924	provided in subsection (13), and a proper application has been
1925	filed in the manner prescribed by the department. The department
1926	may cancel an application for retirement benefits when the
1927	member or beneficiary fails to timely provide the information
1928	and documents required by this chapter and the department's
1929	rules. The department shall adopt rules establishing procedures
1930	for application for retirement benefits and for the cancellation
1931	of such application when the required information or documents
1932	are not received.
1933	(4)  DISABILITY RETIREMENT BENEFIT.-
1934	(j)  Disability retirement of justice or judge by order of
1935	a supreme court.-
1936	1.  If a member is a justice of a the supreme court, judge
1937	of a district court of appeal, circuit judge, or judge of a
1938	county court who has served for 6 years or more as an elected
1939	constitutional judicial officer, including service as a judicial
1940	officer in any court abolished pursuant to Art. V of the State
1941	Constitution, and who is retired for disability by order of the
1942	Supreme Court of Criminal Appeals upon recommendation of the
1943	Judicial Qualifications Commission pursuant to the provisions of
1944	Art. V of the State Constitution, the member's Option 1 monthly
1945	benefit as provided in subparagraph (6)(a)1. shall not be less
1946	than two-thirds of his or her monthly compensation as of the
1947	member's disability retirement date. Such a member may
1948	alternatively elect to receive a disability retirement benefit
1949	under any other option as provided in paragraph (6)(a).
1950	2.  Should any justice or judge who is a member of the
1951	Florida Retirement System be retired for disability by order of
1952	the Supreme Court of Criminal Appeals upon recommendation of the
1953	Judicial Qualifications Commission pursuant to the provisions of
1954	Art. V of the State Constitution, then all contributions to his
1955	or her account and all contributions made on his or her behalf
1956	by the employer shall be transferred to and deposited in the
1957	General Revenue Fund of the state, and there is hereby
1958	appropriated annually out of the General Revenue Fund, to be
1959	paid into the Florida Retirement System Fund, an amount
1960	necessary to pay the benefits of all justices and judges retired
1961	from the Florida Retirement System pursuant to Art. V of the
1962	State Constitution.
1963	Section 98.  Paragraph (m) of subsection (2) of section
1964	121.591, Florida Statutes, is amended to read:
1965	121.591  Benefits payable under the Public Employee
1966	Optional Retirement Program of the Florida Retirement System.-
1967	Benefits may not be paid under this section unless the member
1968	has terminated employment as provided in s. 121.021(39)(a) or is
1969	deceased and a proper application has been filed in the manner
1970	prescribed by the state board or the department. The state board
1971	or department, as appropriate, may cancel an application for
1972	retirement benefits when the member or beneficiary fails to
1973	timely provide the information and documents required by this
1974	chapter and the rules of the state board and department. In
1975	accordance with their respective responsibilities as provided
1976	herein, the State Board of Administration and the Department of
1977	Management Services shall adopt rules establishing procedures
1978	for application for retirement benefits and for the cancellation
1979	of such application when the required information or documents
1980	are not received. The State Board of Administration and the
1981	Department of Management Services, as appropriate, are
1982	authorized to cash out a de minimis account of a participant who
1983	has been terminated from Florida Retirement System covered
1984	employment for a minimum of 6 calendar months. A de minimis
1985	account is an account containing employer contributions and
1986	accumulated earnings of not more than $5,000 made under the
1987	provisions of this chapter. Such cash-out must either be a
1988	complete lump-sum liquidation of the account balance, subject to
1989	the provisions of the Internal Revenue Code, or a lump-sum
1990	direct rollover distribution paid directly to the custodian of
1991	an eligible retirement plan, as defined by the Internal Revenue
1992	Code, on behalf of the participant. If any financial instrument
1993	issued for the payment of retirement benefits under this section
1994	is not presented for payment within 180 days after the last day
1995	of the month in which it was originally issued, the third-party
1996	administrator or other duly authorized agent of the State Board
1997	of Administration shall cancel the instrument and credit the
1998	amount of the instrument to the suspense account of the Public
1999	Employee Optional Retirement Program Trust Fund authorized under
2000	s. 121.4501(6). Any such amounts transferred to the suspense
2001	account are payable upon a proper application, not to include
2002	earnings thereon, as provided in this section, within 10 years
2003	after the last day of the month in which the instrument was
2004	originally issued, after which time such amounts and any
2005	earnings thereon shall be forfeited. Any such forfeited amounts
2006	are assets of the Public Employee Optional Retirement Program
2007	Trust Fund and are not subject to the provisions of chapter 717.
2008	(2)  DISABILITY RETIREMENT BENEFITS.-Benefits provided
2009	under this subsection are payable in lieu of the benefits which
2010	would otherwise be payable under the provisions of subsection
2011	(1). Such benefits shall be funded entirely from employer
2012	contributions made under s. 121.571, transferred participant
2013	funds accumulated pursuant to paragraph (a), and interest and
2014	earnings thereon. Pursuant thereto:
2015	(m)  Disability retirement of justice or judge by order of
2016	a supreme court.-
2017	1.  If a participant is a justice of a the supreme court,
2018	judge of a district court of appeal, circuit judge, or judge of
2019	a county court who has served for 6 years or more as an elected
2020	constitutional judicial officer, including service as a judicial
2021	officer in any court abolished pursuant to Art. V of the State
2022	Constitution, and who is retired for disability by order of the
2023	Supreme Court of Criminal Appeals upon recommendation of the
2024	Judicial Qualifications Commission pursuant to the provisions of
2025	Art. V of the State Constitution, the participant's Option 1
2026	monthly disability benefit amount as provided in s.
2027	121.091(6)(a)1. shall be two-thirds of his or her monthly
2028	compensation as of the participant's disability retirement date.
2029	Such a participant may alternatively elect to receive an
2030	actuarially adjusted disability retirement benefit under any
2031	other option as provided in s. 121.091(6)(a), or to receive the
2032	normal benefit payable under the Public Employee Optional
2033	Retirement Program as set forth in subsection (1).
2034	2.  If any justice or judge who is a participant of the
2035	Public Employee Optional Retirement Program of the Florida
2036	Retirement System is retired for disability by order of the
2037	Supreme Court of Criminal Appeals upon recommendation of the
2038	Judicial Qualifications Commission pursuant to the provisions of
2039	Art. V of the State Constitution and elects to receive a monthly
2040	disability benefit under the provisions of this paragraph:
2041	a.  Any present value amount that was transferred to his or
2042	her program account and all employer contributions made to such
2043	account on his or her behalf, plus interest and earnings
2044	thereon, shall be transferred to and deposited in the disability
2045	account of the Florida Retirement System Trust Fund; and
2046	b.  The monthly benefits payable under this paragraph for
2047	any affected justice or judge retired from the Florida
2048	Retirement System pursuant to Art. V of the State Constitution
2049	shall be paid from the disability account of the Florida
2050	Retirement System Trust Fund.
2051	Section 99.  Subsection (4) of section 215.91, Florida
2052	Statutes, is amended to read:
2053	215.91  Florida Financial Management Information System;
2054	board; council.-
2055	(4)  The council shall provide ongoing counsel to the board
2056	and act to resolve problems among or between the functional
2057	owner subsystems. The board, through the coordinating council,
2058	shall direct and manage the development, implementation, and
2059	operation of the information subsystems that together are the
2060	Florida Financial Management Information System. The
2061	coordinating council shall approve the information subsystems'
2062	designs prior to the development, implementation, and operation
2063	of the subsystems and shall approve subsequent proposed design
2064	modifications to the information subsystems subject to the
2065	guidelines issued by the council. The coordinating council shall
2066	ensure that the information subsystems' operations support the
2067	exchange of unified and coordinated data between information
2068	subsystems. The coordinating council shall establish the common
2069	data codes for financial management, and it shall require and
2070	ensure the use of common data codes by the information
2071	subsystems that together constitute the Florida Financial
2072	Management Information System. The Chief Financial Officer shall
2073	adopt a chart of accounts consistent with the common financial
2074	management data codes established by the coordinating council.
2075	The board, through the coordinating council, shall establish the
2076	financial management policies and procedures for the executive
2077	branch of state government. The coordinating council shall
2078	notify in writing the chairs of the legislative fiscal
2079	committees and the Office of the State Courts Administrator
2080	Chief Justice of the Supreme Court regarding the adoption of, or
2081	modification to, a proposed financial management policy or
2082	procedure. The notice shall solicit comments from the chairs of
2083	the legislative fiscal committees and the Office of the State
2084	Courts Administrator Chief Justice of the Supreme Court at least
2085	14 consecutive days before the final action by the coordinating
2086	council.
2087	Section 100.  Paragraph (v) of subsection (1) of section
2088	216.011, Florida Statutes, is amended to read:
2089	216.011  Definitions.-
2090	(1)  For the purpose of fiscal affairs of the state,
2091	appropriations acts, legislative budgets, and approved budgets,
2092	each of the following terms has the meaning indicated:
2093	(v)  "Judicial branch" means all officers, employees, and
2094	offices of each the supreme court, the district courts of
2095	appeal, circuit courts, and county courts, the Office of the
2096	State Courts Administrator, and the Judicial Qualifications
2097	Commission.
2098	Section 101.  Subsection (2) of section 216.0158, Florida
2099	Statutes, is amended to read:
2100	216.0158  Assessment of facility needs.-
2101	(2)  On or before September 15 of each year, each state
2102	agency, as defined in s. 216.011, shall submit to the Executive
2103	Office of the Governor, and each district court of appeal and
2104	the marshal of the supreme courts court shall submit to the
2105	Office of the State Courts Administrator Chief Justice of the
2106	Supreme Court, in a manner prescribed by the legislative budget
2107	instructions, a short-term plan for facility needs covering the
2108	next 5-year period. The short-term plan shall list the agency's
2109	or judicial branch's facility needs in order of priority and
2110	shall include preventive maintenance strategies, expected
2111	replacement of existing facilities, expected improvements or
2112	additions to facilities on a specific project-by-project basis,
2113	estimated cost, and other information as prescribed by the
2114	legislative budget instructions. The Office of the State Courts
2115	Administrator Chief Justice shall certify the final approved
2116	plan for the judicial branch to the Executive Office of the
2117	Governor which shall include the plan, without modification, in
2118	the state comprehensive plan.
2119	Section 102.  Subsection (5) of section 216.023, Florida
2120	Statutes, is amended to read:
2121	216.023  Legislative budget requests to be furnished to
2122	Legislature by agencies.-
2123	(5)  As a part of the legislative budget request, the head
2124	of each state agency and the Office of the State Courts
2125	Administrator Chief Justice of the Supreme Court for the
2126	judicial branch shall include an inventory of all litigation in
2127	which the agency is involved that may require additional
2128	appropriations to the agency, that may significantly affect
2129	revenues received or anticipated to be received by the state, or
2130	that may require amendments to the law under which the agency
2131	operates. No later than March 1 following the submission of the
2132	legislative budget request, the head of the state agency and the
2133	Office of the State Courts Administrator Chief Justice of the
2134	Supreme Court shall provide an update of any additions or
2135	changes to the inventory. Such inventory shall include
2136	information specified annually in the legislative budget
2137	instructions and, within the discretion of the head of the state
2138	agency or the Office of the State Courts Administrator Chief
2139	Justice of the Supreme Court, may contain only information found
2140	in the pleadings.
2141	Section 103.  Subsection (1) of section 216.043, Florida
2142	Statutes, is amended to read:
2143	216.043  Budgets for fixed capital outlay.-
2144	(1)  A legislative budget request, reflecting the
2145	independent judgment of the head of the agency or of the Office
2146	of the State Courts Administrator Chief Justice of the Supreme
2147	Court with respect to the needs of the agency or of the judicial
2148	branch for fixed capital outlay during the next fiscal year,
2149	shall be submitted by each head of an agency and by the Office
2150	of the State Courts Administrator Chief Justice and shall
2151	contain:
2152	(a)  An estimate in itemized form showing the amounts
2153	needed for fixed capital outlay expenditures, to include a
2154	detailed statement of program needs, estimated construction
2155	costs and square footage, site costs, operating capital
2156	necessary to furnish and equip for operating a new or improved
2157	facility, and the anticipated sources of funding during the next
2158	fiscal year.
2159	(b)  Proposed fixed capital outlay projects, including
2160	proposed operational standards related to programs and
2161	utilization, an analysis of continuing operating costs, and such
2162	other data as the Executive Office of the Governor deems
2163	necessary for state agencies, or the Chief Justice deems
2164	necessary for the judicial branch, to analyze the relationship
2165	of agency needs and program requirements to construction
2166	requirements. The plan shall also include the availability and
2167	suitability of privately constructed and owned buildings and
2168	facilities to meet the needs and program requirements of the
2169	agency or of the judicial branch.
2170	(c)  For any budget request for fixed capital outlay or
2171	operating capital outlay which is to be funded by a proposed
2172	state debt or obligation as defined in s. 216.0442, the
2173	information set forth in s. 216.0442(2).
2174	Section 104.  Subsection (2) of section 216.044, Florida
2175	Statutes, is amended to read:
2176	216.044  Budget evaluation by Department of Management
2177	Services.-
2178	(2)  Concurrently with the submission of the fixed capital
2179	outlay legislative budget request to the Executive Office of the
2180	Governor or to the Office of the State Courts Administrator
2181	Chief Justice of the Supreme Court, the agency or judicial
2182	branch shall submit a copy of the legislative budget request to
2183	the Department of Management Services for evaluation.
2184	Section 105.  Section 216.131, Florida Statutes, is amended
2185	to read:
2186	216.131  Public hearings on legislative budgets.-The
2187	Governor and the Office of the State Courts Administrator Chief
2188	Justice of the Supreme Court shall each provide for at least one
2189	public hearing prior to submission of budget recommendations to
2190	the Legislature on issues contained in agency legislative budget
2191	requests or in the judicial branch budget request and issues
2192	that may be included in budget recommendations to the
2193	Legislature, which hearing shall be held at such time as the
2194	Governor or the Office of the State Courts Administrator Chief
2195	Justice may fix. The Governor may require the attendance or
2196	participation, or both, at his or her hearings of the heads or
2197	responsible representatives of all state agencies supported by
2198	any form of taxation or licenses, fees, imposts, or exactions.
2199	The Governor and the Office of the State Courts Administrator
2200	Chief Justice may provide these hearings simultaneously via
2201	electronic format, such as teleconference, Internet, etc.,
2202	provided that a means for active participation and questions by
2203	the audience is accommodated.
2204	Section 106.  Paragraph (a) of subsection (2) of section
2205	216.163, Florida Statutes, is amended to read:
2206	216.163  Governor's recommended budget; form and content;
2207	declaration of collective bargaining impasses.-
2208	(2)  The Governor's recommended budget shall also include:
2209	(a)  The Governor's recommendations for operating each
2210	state agency, and those of the Office of the State Courts
2211	Administrator Chief Justice of the Supreme Court for operating
2212	the judicial branch, for the next fiscal year. These
2213	recommendations shall be displayed by appropriation category
2214	within each budget entity and shall also include the legislative
2215	budget request of the corresponding agency. In order to present
2216	a balanced budget as required by s. 216.162, the Governor's
2217	recommendations for operating appropriations may include an
2218	alternative recommendation to that of the Office of the State
2219	Courts Administrator Chief Justice.
2220	Section 107.  Subsection (1) and paragraphs (a) and (b) of
2221	subsection (2) of section 216.177, Florida Statutes, are amended
2222	to read:
2223	216.177  Appropriations acts, statement of intent,
2224	violation, notice, review and objection procedures.-
2225	(1)  When an appropriations act is delivered to the
2226	Governor after the Legislature has adjourned sine die, as soon
2227	as practicable, but no later than the 10th day before the end of
2228	the period allowed by law for veto consideration in any year in
2229	which an appropriation is made, the chairs of the legislative
2230	appropriations committees shall jointly transmit:
2231	(a)  The official list of General Revenue Fund
2232	appropriations determined in consultation with the Executive
2233	Office of the Governor to be nonrecurring; and
2234	(b)  The documents set forth in s. 216.0442(2)(a) and (c),
2235
2236	to the Executive Office of the Governor, the Chief Financial
2237	Officer, the Auditor General, the director of the Office of
2238	Program Policy Analysis and Government Accountability, the
2239	Office of the State Courts Administrator Chief Justice of the
2240	Supreme Court, and each state agency. A request for additional
2241	explanation and direction regarding the legislative intent of
2242	the General Appropriations Act during the fiscal year may be
2243	made to the chair and vice chair of the Legislative Budget
2244	Commission or the President of the Senate and the Speaker of the
2245	House of Representatives only by and through the Executive
2246	Office of the Governor for state agencies, and by and through
2247	the Office of the State Courts Administrator Chief Justice of
2248	the Supreme Court for the judicial branch, as is deemed
2249	necessary. However, the Chief Financial Officer may also request
2250	further clarification of legislative intent pursuant to the
2251	Chief Financial Officer's responsibilities related to his or her
2252	preaudit function of expenditures.
2253	(2)(a)  Whenever notice of action to be taken by the
2254	Executive Office of the Governor or the Office of the State
2255	Courts Administrator Chief Justice of the Supreme Court is
2256	required by law, such notice shall be given to the chair and
2257	vice chair of the Legislative Budget Commission in writing, and
2258	shall be delivered at least 14 days prior to the action referred
2259	to, unless a shorter period is approved in writing by the chair
2260	and vice chair or a different period is specified by law. If the
2261	action is solely for the release of funds appropriated by the
2262	Legislature, the notice shall be delivered at least 3 days
2263	before the effective date of the action. Action shall not be
2264	taken on any budget item for which this chapter requires notice
2265	to the Legislative Budget Commission or the appropriations
2266	committees without such notice having been provided, even though
2267	there may be good cause for considering such item.
2268	(b)  If the chair and vice chair of the Legislative Budget
2269	Commission or the President of the Senate and the Speaker of the
2270	House of Representatives timely advise, in writing, the
2271	Executive Office of the Governor or the Office of the State
2272	Courts Administrator Chief Justice of the Supreme Court that an
2273	action or a proposed action, including any expenditure of funds
2274	resulting from the settlement of litigation involving a state
2275	agency or officer, whether subject to the notice and review
2276	requirements of this chapter or not, exceeds the delegated
2277	authority of the Executive Office of the Governor for the
2278	executive branch or the Office of the State Courts Administrator
2279	Chief Justice for the judicial branch, respectively, or is
2280	contrary to legislative policy and intent, the Governor or the
2281	Office of the State Courts Administrator Chief Justice of the
2282	Supreme Court shall void such action and instruct the affected
2283	state agency or entity of the judicial branch to change
2284	immediately its spending action or spending proposal until the
2285	Legislative Budget Commission or the Legislature addresses the
2286	issue. The written documentation shall indicate the specific
2287	reasons that an action or proposed action exceeds the delegated
2288	authority or is contrary to legislative policy and intent.
2289	Section 108.  Section 216.179, Florida Statutes, is amended
2290	to read:
2291	216.179  Reinstatement of vetoed appropriations by
2292	administrative means prohibited.-After the Governor has vetoed a
2293	specific appropriation for an agency or the judicial branch,
2294	neither the Governor, the Office of the State Courts
2295	Administrator Chief Justice of the Supreme Court, nor a state
2296	agency, in their various statutory and constitutional roles, may
2297	authorize expenditures for or implementation in any manner of
2298	the programs that were authorized by the vetoed appropriation.
2299	Section 109.  Subsections (1), (6), (7), and (8), paragraph
2300	(a) of subsection (10), and subsections (11) and (14) of section
2301	216.181, Florida Statutes, are amended to read:
2302	216.181  Approved budgets for operations and fixed capital
2303	outlay.-
2304	(1)  The General Appropriations Act and any other acts
2305	containing appropriations shall be considered the original
2306	approved operating budgets for operational and fixed capital
2307	expenditures. Amendments to the approved operating budgets for
2308	operational and fixed capital outlay expenditures from state
2309	agencies may be requested only through the Executive Office of
2310	the Governor and approved by the Governor and the Legislative
2311	Budget Commission as provided in this chapter. Amendments from
2312	the judicial branch may be requested only through the Office of
2313	the State Courts Administrator Chief Justice of the Supreme
2314	Court and must be approved by the Office of the State Courts
2315	Administrator Chief Justice and the Legislative Budget
2316	Commission as provided in this chapter. This includes amendments
2317	which are necessary to implement the provisions of s. 216.212 or
2318	s. 216.221.
2319	(6)(a)  A detailed plan allocating a lump-sum appropriation
2320	to traditional appropriations categories shall be submitted by
2321	the affected agency to the Executive Office of the Governor or
2322	the Office of the State Courts Administrator Chief Justice of
2323	the Supreme Court. The Executive Office of the Governor and the
2324	Office of the State Courts Administrator Chief Justice of the
2325	Supreme Court shall submit such plan to the chair and vice chair
2326	of the Legislative Budget Commission either before or concurrent
2327	with the submission of any budget amendment that recommends the
2328	transfer and release of the balance of a lump-sum appropriation.
2329	(b)  The Executive Office of the Governor and the Office of
2330	the State Courts Administrator Chief Justice of the Supreme
2331	Court may amend, without approval of the Legislative Budget
2332	Commission, state agency and judicial branch entity budgets,
2333	respectively, to reflect the transferred funds and to provide
2334	the associated increased salary rate based on the approved plans
2335	for lump-sum appropriations. Any action proposed pursuant to
2336	this paragraph is subject to the procedures set forth in s.
2337	216.177.
2338
2339	The Executive Office of the Governor shall transmit to each
2340	state agency and the Chief Financial Officer, and the Office of
2341	the State Courts Administrator Chief Justice shall transmit to
2342	each judicial branch component and the Chief Financial Officer,
2343	any approved amendments to the approved operating budgets.
2344	(7)  The Executive Office of the Governor may, for the
2345	purpose of improved contract administration, authorize the
2346	consolidation of two or more fixed capital outlay appropriations
2347	for an agency, and the Office of the State Courts Administrator
2348	Chief Justice of the Supreme Court for the judicial branch,
2349	except for projects authorized under chapter 1013, provided the
2350	original scope and purpose of each project are not changed.
2351	(8)  As part of the approved operating budget, the
2352	Executive Office of the Governor shall furnish to each state
2353	agency, and the Office of the State Courts Administrator Chief
2354	Justice of the Supreme Court shall furnish to the entity of the
2355	judicial branch, an approved annual salary rate for each budget
2356	entity containing a salary appropriation. This rate shall be
2357	based upon the actual salary rate and shall be consistent with
2358	the General Appropriations Act or special appropriations acts.
2359	The annual salary rate shall be:
2360	(a)  Determined by the salary rate specified in the General
2361	Appropriations Act and adjusted for reorganizations authorized
2362	by law, for any other appropriations made by law, and, subject
2363	to s. 216.177, for distributions of lump-sum appropriations and
2364	administered funds and for actions that require authorization of
2365	salary rate from salary rate reserve and placement of salary
2366	rate in salary rate reserve.
2367	(b)  Controlled by department or agency; except for the
2368	Department of Education, which shall be controlled by division
2369	and for the judicial branch, which shall be controlled at the
2370	branch level.
2371	(c)  Assigned to the number of authorized positions.
2372	(10)(a)  The Legislative Budget Commission may authorize
2373	increases or decreases in the approved salary rate, except as
2374	authorized in paragraph (8)(a), for positions pursuant to the
2375	request of the agency filed with the Executive Office of the
2376	Governor or pursuant to the request of an entity of the judicial
2377	branch filed with the Office of the State Courts Administrator
2378	Chief Justice of the Supreme Court, if deemed necessary and in
2379	the best interest of the state and consistent with legislative
2380	policy and intent.
2381	(11)(a)  The Executive Office of the Governor and the
2382	Office of the State Courts Administrator Chief Justice of the
2383	Supreme Court may approve changes in the amounts appropriated
2384	from state trust funds in excess of those in the approved
2385	operating budget up to $1 million only pursuant to the federal
2386	funds provisions of s. 216.212, when grants and donations are
2387	received after April 1, or when deemed necessary due to a set of
2388	conditions that were unforeseen at the time the General
2389	Appropriations Act was adopted and that are essential to correct
2390	in order to continue the operation of government.
2391	(b)  Changes in the amounts appropriated from state trust
2392	funds in excess of those in the approved operating budget which
2393	are in excess of $1 million may be approved only by the
2394	Legislative Budget Commission pursuant to the request of a state
2395	agency filed with the Executive Office of the Governor or
2396	pursuant to the request of an entity of the judicial branch
2397	filed with the Office of the State Courts Administrator Chief
2398	Justice of the Supreme Court.
2399	(c)  Notwithstanding the provisions of paragraphs (a) and
2400	(b) to the contrary, the Executive Office of the Governor may
2401	approve changes in the amounts appropriated to the Department of
2402	Military Affairs for fixed capital outlay projects when the
2403	department has received federal funds for specific fixed capital
2404	outlay projects that do not carry a continuing commitment for
2405	future appropriations by the Legislature.
2406
2407	The provisions of this subsection are subject to the notice and
2408	objection procedures set forth in s. 216.177.
2409	(14)  The Executive Office of the Governor and the Office
2410	of the State Courts Administrator Chief Justice of the Supreme
2411	Court shall certify the amounts approved for operations and
2412	fixed capital outlay, together with any relevant supplementary
2413	materials or information, to the Chief Financial Officer; and
2414	such certification shall be the Chief Financial Officer's guide
2415	with reference to the expenditures of each state agency pursuant
2416	to s. 216.192.
2417	Section 110.  Subsection (2) of section 216.1815, Florida
2418	Statutes, is amended to read:
2419	216.1815  Agency incentive and savings program.-
2420	(2)  To be eligible to retain funds, an agency or the
2421	Office of the State Courts Administrator Chief Justice of the
2422	Supreme Court must submit a plan and an associated request to
2423	amend its approved operating budget to the Legislative Budget
2424	Commission specifying:
2425	(a)  The modifications to approved programs resulting in
2426	efficiencies and cost savings;
2427	(b)  The amount and source of the funds and positions
2428	saved;
2429	(c)  The specific positions, rate, amounts, and sources of
2430	funds the agency or the judicial branch wishes to include in its
2431	incentive expenditures;
2432	(d)  How the agency or the judicial branch will meet the
2433	goals and objectives established in its long-range program plan;
2434	(e)  How the agency or the judicial branch will meet
2435	performance standards, including those in its long-range program
2436	plan; and
2437	(f)  Any other incentive expenditures which the agency or
2438	the judicial branch believes will enhance its performance.
2439	Section 111.  Section 216.1826, Florida Statutes, is
2440	amended to read:
2441	216.1826  Activity-based planning and budgeting.-Agencies
2442	are directed to work in consultation with the Executive Office
2443	of the Governor and the appropriations and appropriate
2444	substantive committees of the Legislature, and the Office of the
2445	State Courts Administrator Chief Justice of the Supreme Court is
2446	directed to work with the appropriations and appropriate
2447	substantive committees of the Legislature, to identify and reach
2448	consensus on the appropriate services and activities for
2449	activity-based budgeting. It is the intent of the Legislature
2450	that all dollars within an agency or the judicial branch be
2451	allocated to the appropriate activity for budgeting purposes.
2452	Additionally, agencies or the judicial branch shall examine
2453	approved performance measures and recommend any changes so that
2454	outcomes are clearly delineated for each service or program, as
2455	appropriate, and outputs are aligned with activities. Output
2456	measures should be capable of being used to generate a unit cost
2457	for each activity resulting in a true accounting of what the
2458	state should spend on each activity it provides and what the
2459	state should expect to accomplish with those funds.
2460	Section 112.  Paragraph (b) of subsection (3) and paragraph
2461	(a) of subsection (4) of section 216.1827, Florida Statutes, are
2462	amended to read:
2463	216.1827  Requirements for performance measures and
2464	standards.-
2465	(3)
2466	(b)  The Office of the State Courts Administrator Chief
2467	Justice of the Supreme Court may submit deletions or amendments
2468	of the judicial branch's existing approved performance measures
2469	and standards or may submit additional performance measures and
2470	standards to the Legislature accompanied with justification for
2471	the change and ensure that the revision, deletion, or addition
2472	is consistent with legislative intent. Revisions or deletions
2473	to, or additions of performance measures and standards submitted
2474	by the Office of the State Courts Administrator Chief Justice of
2475	the Supreme Court are subject to the review and objection
2476	procedure set forth in s. 216.177.
2477	(4)(a)  The Legislature may create, amend, and delete
2478	performance measures and standards. The Legislature may confer
2479	with the Executive Office of the Governor for state agencies and
2480	the Office of the State Courts Administrator Chief Justice of
2481	the Supreme Court for the judicial branch prior to any such
2482	action.
2483	Section 113.  Subsection (1) of section 216.192, Florida
2484	Statutes, is amended to read:
2485	216.192  Release of appropriations; revision of budgets.-
2486	(1)  Unless otherwise provided in law, on July 1 of each
2487	fiscal year, up to 25 percent of the original approved operating
2488	budget of each agency and of the judicial branch may be released
2489	until such time as annual plans for quarterly releases for all
2490	appropriations have been developed, approved, and furnished to
2491	the Chief Financial Officer by the Executive Office of the
2492	Governor for state agencies and by the Office of the State
2493	Courts Administrator Chief Justice of the Supreme Court for the
2494	judicial branch. The plans, including appropriate plans of
2495	releases for fixed capital outlay projects that correspond with
2496	each project schedule, shall attempt to maximize the use of
2497	trust funds and shall be transmitted to the Chief Financial
2498	Officer by August 1 of each fiscal year. Such releases shall at
2499	no time exceed the total appropriations available to a state
2500	agency or to the judicial branch, or the approved budget for
2501	such agency or the judicial branch if less. The Chief Financial
2502	Officer shall enter such releases in his or her records in
2503	accordance with the release plans prescribed by the Executive
2504	Office of the Governor and the Office of the State Courts
2505	Administrator Chief Justice, unless otherwise amended as
2506	provided by law. The Executive Office of the Governor and the
2507	Office of the State Courts Administrator Chief Justice shall
2508	transmit a copy of the approved annual releases to the head of
2509	the state agency, the chair and vice chair of the Legislative
2510	Budget Commission, and the Auditor General. The Chief Financial
2511	Officer shall authorize all expenditures to be made from the
2512	appropriations on the basis of such releases and in accordance
2513	with the approved budget, and not otherwise. Expenditures shall
2514	be authorized only in accordance with legislative
2515	authorizations. Nothing herein precludes periodic reexamination
2516	and revision by the Executive Office of the Governor or by the
2517	Office of the State Courts Administrator Chief Justice of the
2518	annual plans for release of appropriations and the notifications
2519	of the parties of all such revisions.
2520	Section 114.  Section 216.195, Florida Statutes, is amended
2521	to read:
2522	216.195  Impoundment of funds; restricted.-The Executive
2523	Office of the Governor, the Office of the State Courts
2524	Administrator Chief Justice of the Supreme Court, any member of
2525	the Cabinet, or any state agency shall not impound any
2526	appropriation except as necessary to avoid or eliminate a
2527	deficit pursuant to the provisions of s. 216.221. As used in
2528	this section, the term "impoundment" means the omission of any
2529	appropriation or part of an appropriation in the approved
2530	operating plan prepared pursuant to s. 216.181 or in the
2531	schedule of releases prepared pursuant to s. 216.192 or the
2532	failure of any state agency or the judicial branch to spend an
2533	appropriation for the stated purposes authorized in the approved
2534	operating budget. The Governor or either house of the
2535	Legislature may seek judicial review of any action or proposed
2536	action which violates this section.
2537	Section 115.  Paragraph (b) of subsection (1) and
2538	subsection (3) of section 216.212, Florida Statutes, are amended
2539	to read:
2540	216.212  Budgets for federal funds; restrictions on
2541	expenditure of federal funds.-
2542	(1)  The Executive Office of the Governor and the office of
2543	the Chief Financial Officer shall develop and implement
2544	procedures for accelerating the drawdown of, and minimizing the
2545	payment of interest on, federal funds. The Executive Office of
2546	the Governor shall establish a clearinghouse for federal
2547	programs and activities. The clearinghouse shall develop the
2548	capacity to respond to federal grant opportunities and to
2549	coordinate the use of federal funds in the state.
2550	(b)  Every office or court of the judicial branch, when
2551	making a request or preparing a budget to be submitted to the
2552	Federal Government for funds, equipment, material, or services,
2553	shall submit such request or budget to the Office of the State
2554	Courts Administrator Chief Justice of the Supreme Court for
2555	approval before submitting it to the proper federal authority.
2556	However, the Office of the State Courts Administrator Chief
2557	Justice may specifically authorize any court to submit specific
2558	types of grant proposals directly to the Federal Government.
2559	(3)  Federal money appropriated by Congress or received
2560	from court settlements to be used for state purposes, whether by
2561	itself or in conjunction with moneys appropriated by the
2562	Legislature, may not be expended unless appropriated by the
2563	Legislature. However, the Executive Office of the Governor or
2564	the Office of the State Courts Administrator Chief Justice of
2565	the Supreme Court may, after consultation with the legislative
2566	appropriations committees, approve the receipt and expenditure
2567	of funds from federal sources by state agencies or by the
2568	judicial branch. Any federal programs requiring state matching
2569	funds which funds were eliminated, or were requested and were
2570	not approved, by the Legislature may not be implemented during
2571	the interim. However, federal and other fund sources for the
2572	State University System which do not carry a continuing
2573	commitment on future appropriations are hereby appropriated for
2574	the purpose received.
2575	Section 116.  Paragraphs (a) and (b) of subsection (5) and
2576	subsections (7) and (9) of section 216.221, Florida Statutes,
2577	are amended to read:
2578	216.221  Appropriations as maximum appropriations;
2579	adjustment of budgets to avoid or eliminate deficits.-
2580	(5)(a)  If, in the opinion of the Governor, after
2581	consultation with the Revenue Estimating Conference, a deficit
2582	will occur in the General Revenue Fund, he or she shall so
2583	certify to the commission and to the Office of the State Courts
2584	Administrator Chief Justice of the Supreme Court. No more than
2585	30 days after certifying that a deficit will occur in the
2586	General Revenue Fund, the Governor shall develop for the
2587	executive branch, and the Office of the State Courts
2588	Administrator Chief Justice of the Supreme Court shall develop
2589	for the judicial branch, and provide to the commission and to
2590	the Legislature plans of action to eliminate the deficit.
2591	(b)  If, in the opinion of the President of the Senate and
2592	the Speaker of the House of Representatives, after consultation
2593	with the Revenue Estimating Conference, a deficit will occur in
2594	the General Revenue Fund and the Governor has not certified the
2595	deficit, the President of the Senate and the Speaker of the
2596	House of Representatives shall so certify. Within 30 days after
2597	such certification, the Governor shall develop for the executive
2598	branch and the Office of the State Courts Administrator Chief
2599	Justice of the Supreme Court shall develop for the judicial
2600	branch and provide to the commission and to the Legislature
2601	plans of action to eliminate the deficit.
2602	(7)  Deficits in the General Revenue Fund that do not meet
2603	the amounts specified by subsection (6) shall be resolved by the
2604	Governor for the executive branch and the Office of the State
2605	Courts Administrator Chief Justice of the Supreme Court for the
2606	judicial branch. The Governor and the Office of the State Courts
2607	Administrator Chief Justice shall implement any directions
2608	provided in the General Appropriations Act related to
2609	eliminating deficits and to reducing agency and judicial branch
2610	budgets, including the use of those legislative appropriations
2611	voluntarily placed in reserve. In addition, the Governor and the
2612	Office of the State Courts Administrator Chief Justice shall
2613	implement any directions in the General Appropriations Act
2614	relating to the resolution of deficit situations. When reducing
2615	state agency or judicial branch budgets, the Governor or the
2616	Office of the State Courts Administrator Chief Justice,
2617	respectively, shall use the guidelines prescribed in subsection
2618	(5). The Executive Office of the Governor, and the Office of the
2619	State Courts Administrator Chief Justice for the judicial
2620	branch, shall implement the deficit reduction plans through
2621	amendments to the approved operating budgets in accordance with
2622	s. 216.181.
2623	(9)  If, in the opinion of the Chief Financial Officer,
2624	after consultation with the Revenue Estimating Conference, a
2625	deficit will occur, he or she shall report his or her opinion to
2626	the Governor, the President of the Senate, and the Speaker of
2627	the House of Representatives in writing. In the event the
2628	Governor does not certify a deficit, or the President of the
2629	Senate and the Speaker of the House of Representatives do not
2630	certify a deficit within 10 days after the Chief Financial
2631	Officer's report, the Chief Financial Officer shall report his
2632	or her findings and opinion to the commission and the Office of
2633	the State Courts Administrator Chief Justice of the Supreme
2634	Court.
2635	Section 117.  Paragraphs (c) and (d) of subsection (1) of
2636	section 216.262, Florida Statutes, are amended to read:
2637	216.262  Authorized positions.-
2638	(1)
2639	(c)1.  The Executive Office of the Governor, under such
2640	procedures and qualifications as it deems appropriate, shall,
2641	upon agency request, delegate to any state agency authority to
2642	add and delete authorized positions or transfer authorized
2643	positions from one budget entity to another budget entity within
2644	the same division, and may approve additions and deletions of
2645	authorized positions or transfers of authorized positions within
2646	the state agency when such changes would enable the agency to
2647	administer more effectively its authorized and approved
2648	programs. The additions or deletions must be consistent with the
2649	intent of the approved operating budget, must be consistent with
2650	legislative policy and intent, and must not conflict with
2651	specific spending policies specified in the General
2652	Appropriations Act.
2653	2.  The Office of the State Courts Administrator Chief
2654	Justice of the Supreme Court shall have the authority to
2655	establish procedures for the judicial branch to add and delete
2656	authorized positions or transfer authorized positions from one
2657	budget entity to another budget entity, and to add and delete
2658	authorized positions within the same budget entity, when such
2659	changes are consistent with legislative policy and intent and do
2660	not conflict with spending policies specified in the General
2661	Appropriations Act.
2662	(d)  An individual employed by a state agency or by the
2663	judicial branch may not hold more than one employment during his
2664	or her normal working hours with the state, such working hours
2665	to be determined by the head of the state agency affected,
2666	unless approved by the Department of Management Services, or
2667	otherwise delegated to the agency head, or by the Office of the
2668	State Courts Administrator Chief Justice of the Supreme Court,
2669	respectively.
2670	Section 118.  Subsections (2) and (4) of section 216.292,
2671	Florida Statutes, are amended to read:
2672	216.292  Appropriations nontransferable; exceptions.-
2673	(2)  The following transfers are authorized to be made by
2674	the head of each department or the Office of the State Courts
2675	Administrator Chief Justice of the Supreme Court whenever it is
2676	deemed necessary by reason of changed conditions:
2677	(a)  The transfer of appropriations funded from identical
2678	funding sources, except appropriations for fixed capital outlay,
2679	and the transfer of amounts included within the total original
2680	approved budget and plans of releases of appropriations as
2681	furnished pursuant to ss. 216.181 and 216.192, as follows:
2682	1.  Between categories of appropriations within a budget
2683	entity, if no category of appropriation is increased or
2684	decreased by more than 5 percent of the original approved budget
2685	or $250,000, whichever is greater, by all action taken under
2686	this subsection.
2687	2.  Between budget entities within identical categories of
2688	appropriations, if no category of appropriation is increased or
2689	decreased by more than 5 percent of the original approved budget
2690	or $250,000, whichever is greater, by all action taken under
2691	this subsection.
2692	3.  Any agency exceeding salary rate established pursuant
2693	to s. 216.181(8) on June 30th of any fiscal year shall not be
2694	authorized to make transfers pursuant to subparagraphs 1. and 2.
2695	in the subsequent fiscal year.
2696	4.  Notice of proposed transfers under subparagraphs 1. and
2697	2. shall be provided to the Executive Office of the Governor and
2698	the chairs of the legislative appropriations committees at least
2699	3 days prior to agency implementation in order to provide an
2700	opportunity for review. The review shall be limited to ensuring
2701	that the transfer is in compliance with the requirements of this
2702	paragraph.
2703	(b)  After providing notice at least 5 working days prior
2704	to implementation:
2705	1.  The transfer of funds within programs identified in the
2706	General Appropriations Act from identical funding sources
2707	between the following appropriation categories without
2708	limitation so long as such a transfer does not result in an
2709	increase, to the total recurring general revenue or trust fund
2710	cost of the agency or entity of the judicial branch in the
2711	subsequent fiscal year: other personal services, expenses,
2712	operating capital outlay, food products, state attorney and
2713	public defender operations, data processing services, operating
2714	and maintenance of patrol vehicles, overtime payments, salary
2715	incentive payments, compensation to retired judges, law
2716	libraries, and juror and witness payments.
2717	2.  The transfer of funds and positions from identical
2718	funding sources between salaries and benefits appropriation
2719	categories within programs identified in the General
2720	Appropriations Act. Such transfers must be consistent with
2721	legislative policy and intent and may not adversely affect
2722	achievement of approved performance outcomes or outputs in any
2723	program.
2724	(c)  The transfer of funds appropriated to accounts
2725	established for disbursement purposes upon release of such
2726	appropriation upon request of a department and approval by the
2727	Chief Financial Officer. Such transfer may only be made to the
2728	same appropriation category and the same funding source from
2729	which the funds are transferred.
2730	(4)  The following transfers are authorized with the
2731	approval of the Legislative Budget Commission. Unless waived by
2732	the chair and vice chair of the commission, notice of such
2733	transfers must be provided 14 days before the commission
2734	meeting:
2735	(a)  The transfer of appropriations for operations from the
2736	General Revenue Fund in excess of those provided in this section
2737	but within a state agency or within the judicial branch, as
2738	recommended by the Executive Office of the Governor or the
2739	Office of the State Courts Administrator Chief Justice of the
2740	Supreme Court.
2741	(b)  The transfer of appropriations for operations from
2742	trust funds in excess of those authorized in subsection (2) or
2743	subsection (3), as recommended by the Executive Office of the
2744	Governor or the Office of the State Courts Administrator Chief
2745	Justice of the Supreme Court.
2746	(c)  The transfer of the portion of an appropriation for a
2747	named fixed capital outlay project found to be in excess of that
2748	needed to complete the project to another project for which
2749	there has been an appropriation in the same fiscal year from the
2750	same fund and within the same department where a deficiency is
2751	found to exist, at the request of the Executive Office of the
2752	Governor for state agencies or the Office of the State Courts
2753	Administrator Chief Justice of the Supreme Court for the
2754	judicial branch. The scope of a fixed capital outlay project may
2755	not be changed by any transfer of funds made pursuant to this
2756	subsection.
2757	(d)  The transfers necessary to accomplish the purposes of
2758	reorganization within state agencies or the judicial branch
2759	authorized by the Legislature when the necessary adjustments of
2760	appropriations and positions have not been provided in the
2761	General Appropriations Act.
2762	Section 119.  Paragraph (d) of subsection (1) and paragraph
2763	(c) of subsection (2) of section 216.301, Florida Statutes, are
2764	amended to read:
2765	216.301  Appropriations; undisbursed balances.-
2766	(1)
2767	(d)  Each department and the judicial branch shall maintain
2768	the integrity of the General Revenue Fund. Appropriations from
2769	the General Revenue Fund contained in the original approved
2770	budget may be transferred to the proper trust fund for
2771	disbursement. Any reversion of appropriation balances from
2772	programs which receive funding from the General Revenue Fund and
2773	trust funds shall be transferred to the General Revenue Fund
2774	within 15 days after such reversion, unless otherwise provided
2775	by federal or state law, including the General Appropriations
2776	Act. The Executive Office of the Governor or the Office of the
2777	State Courts Administrator Chief Justice of the Supreme Court
2778	shall determine the state agency or judicial branch programs
2779	which are subject to this paragraph. This determination shall be
2780	subject to the legislative consultation and objection process in
2781	this chapter. The Education Enhancement Trust Fund shall not be
2782	subject to the provisions of this section.
2783	(2)
2784	(c)  The balance of any appropriation for fixed capital
2785	outlay certified forward under paragraph (a) which is not
2786	disbursed but expended, contracted, or committed to be expended
2787	prior to the end of the second fiscal year of the appropriation,
2788	or the third fiscal year if it is for an educational facility as
2789	defined in chapter 1013 or for a construction project of a state
2790	university, and any subsequent fiscal year, shall be certified
2791	by the head of the affected state agency or the legislative or
2792	judicial branch on or before August 1 of each year to the
2793	Executive Office of the Governor, showing in detail the
2794	commitment or to whom obligated and the amount of such
2795	commitment or obligation. On or before September 1 of each year,
2796	the Executive Office of the Governor shall review and approve or
2797	disapprove, consistent with legislative policy and intent, any
2798	or all of the items and amounts certified by the head of the
2799	affected state agency and shall approve all items and amounts
2800	certified by the Office of the State Courts Administrator Chief
2801	Justice of the Supreme Court and by the legislative branch and
2802	shall furnish the Chief Financial Officer, the legislative
2803	appropriations committees, and the Auditor General a detailed
2804	listing of the items and amounts approved as legal encumbrances
2805	against the undisbursed balances of such appropriations. If such
2806	certification is not made and the balance of the appropriation
2807	has reverted and the obligation is proven to be legal, due, and
2808	unpaid, the obligation shall be presented to the Legislature for
2809	its consideration.
2810	Section 120.  Section 272.04, Florida Statutes, is amended
2811	to read:
2812	272.04  Department to allocate space.-The Department of
2813	Management Services shall have authority to allocate space to
2814	house the various departments, agencies, boards, and commissions
2815	in said buildings, excepting, however, the new Supreme Court
2816	Building, for which authority shall be vested in the marshal of
2817	the supreme courts justices of the Supreme Court.
2818	Section 121.  Subsection (15) of section 287.059, Florida
2819	Statutes, is amended to read:
2820	287.059  Private attorney services.-
2821	(15)  The Attorney General's office may, by rule, adopt
2822	standard fee schedules for court reporting services for each
2823	judicial circuit in consultation with the Florida Court
2824	Reporters Association. Agencies, when contracting for court
2825	reporting services, must use the standard fee schedule for court
2826	reporting services established pursuant to this section,
2827	provided no state contract is applicable or unless the head of
2828	the agency or his or her designee waives use of the schedule and
2829	sets forth the reasons for deviating from the schedule in
2830	writing to the Attorney General. Such waiver must demonstrate
2831	necessity based upon criteria for deviation from the schedule
2832	which the Attorney General shall establish by rule. Any proposed
2833	fee schedule under this section shall be submitted to the
2834	Governor, the Speaker of the House of Representatives, the
2835	President of the Senate, and the chief justice of each the
2836	Florida supreme court at least 60 days prior to publication of
2837	the notice to adopt the rule.
2838	Section 122.  Subsection (5) of section 288.9606, Florida
2839	Statutes, is amended to read:
2840	288.9606  Issue of revenue bonds.-
2841	(5)  In any suit, action, or proceeding involving the
2842	validity or enforceability of any bond issued under this act, or
2843	the security therefor, any such bond reciting in substance that
2844	it has been issued by the corporation in connection with any
2845	purpose of the act shall be conclusively deemed to have been
2846	issued for such purpose, and such purpose shall be conclusively
2847	deemed to have been carried out in accordance with the act. The
2848	complaint in any action to validate such bonds shall be filed
2849	only in the Circuit Court for Leon County. The notice required
2850	to be published by s. 75.06 shall be published only in Leon
2851	County, and the complaint and order of the circuit court shall
2852	be served only on the State Attorney of the Second Judicial
2853	Circuit and on the state attorney of each circuit in each county
2854	where the public agencies which were initially a party to the
2855	interlocal agreement are located. Notice of such proceedings
2856	shall be published in the manner and the time required by s.
2857	75.06, in Leon County and in each county where the public
2858	agencies which were initially a party to the interlocal
2859	agreement are located. Obligations of the corporation pursuant
2860	to a loan agreement as described in this subsection may be
2861	validated as provided in chapter 75. The validation of at least
2862	the first bonds approved by the corporation shall be appealed to
2863	the Florida Supreme Court of Civil Appeals.
2864	Section 123.  Section 318.30, Florida Statutes, is amended
2865	to read:
2866	318.30  Legislative intent.-It is the intent of the
2867	Legislature that civil traffic infraction hearing officers be
2868	appointed and used in those counties where the need arises for
2869	their services. Any Civil Traffic Infraction Hearing Officer
2870	Program established in a county under ss. 318.30-318.38 shall be
2871	subject to the supervision of the Supreme Court of Civil
2872	Appeals.
2873	Section 124.  Section 318.34, Florida Statutes, is amended
2874	to read:
2875	318.34  Qualifications.-Applicants for the position of
2876	hearing officer of the civil traffic court shall be members in
2877	good standing of The Florida Bar and shall have completed a 40-
2878	hour education and training program which has been approved by
2879	the Florida Supreme Court of Civil Appeals. Thereafter, hearing
2880	officers shall complete an approved 4-hour continuing education
2881	program annually.
2882	Section 125.  Subsection (1) of section 350.128, Florida
2883	Statutes, is amended to read:
2884	350.128  Judicial review.-
2885	(1)  As authorized by s. 3(a)(2) 3(b)(2), Art. V of the
2886	State Constitution, the Supreme Court of Civil Appeals shall,
2887	upon petition, review any action of the commission relating to
2888	rates or service of utilities providing electric, gas, or
2889	telephone service. The District Court of Appeal, First District,
2890	shall, upon petition, review any other action of the commission.
2891	Section 126.  Section 364.381, Florida Statutes, is amended
2892	to read:
2893	364.381  Judicial review.-As authorized by s. 3(a)(2)
2894	3(b)(2), Art. V of the State Constitution, the Supreme Court of
2895	Civil Appeals shall review, upon petition, any action of the
2896	commission relating to rates or service of telecommunications
2897	companies. For purposes of judicial review, a telecommunications
2898	company is a telephone company within the meaning of s. 3(b)(2),
2899	Art. V of the State Constitution.
2900	Section 127.  Section 366.10, Florida Statutes, is amended
2901	to read:
2902	366.10  Judicial review.-As authorized by s. 3(a)(2)
2903	3(b)(2), Art. V of the State Constitution, the Supreme Court of
2904	Civil Appeals shall review, upon petition, any action of the
2905	commission relating to rates or service of utilities providing
2906	electric or gas service.
2907	Section 128.  Paragraph (d) of subsection (2) of section
2908	366.8260, Florida Statutes, is amended to read:
2909	366.8260  Storm-recovery financing.-
2910	(2)  FINANCING ORDERS.-
2911	(d)  Within 30 days after the commission issues an order
2912	pursuant to paragraph (b) or a decision denying a request for
2913	reconsideration or, if the request for reconsideration is
2914	granted, within 30 days after the commission issues its decision
2915	on reconsideration, an adversely affected party may petition for
2916	judicial review in the Florida Supreme Court of Civil Appeals.
2917	The petition for review shall be served upon the executive
2918	director of the commission personally or by service at the
2919	office of the commission. Review on appeal shall be based solely
2920	on the record before the commission and briefs to the court and
2921	shall be limited to determining whether the order issued
2922	pursuant to paragraph (b), or the order on reconsideration,
2923	conforms to the constitution and laws of this state and the
2924	United States and is within the authority of the commission
2925	under this section. Inasmuch as delay in the determination of
2926	the appeal of a financing order will delay the issuance of
2927	storm-recovery bonds, thereby diminishing savings to customers
2928	which might be achieved if such bonds were issued as
2929	contemplated by a financing order, the Supreme Court of Civil
2930	Appeals shall proceed to hear and determine the action as
2931	expeditiously as practicable and give the action precedence over
2932	other matters not accorded similar precedence by law.
2933	Section 129.  Section 368.112, Florida Statutes, is amended
2934	to read:
2935	368.112  Judicial review.-As authorized by s. 3(a)(2)
2936	3(b)(2), Art. V of the State Constitution, the Supreme Court of
2937	Civil Appeals shall review, upon petition, any action of the
2938	commission relating to rates or service of a natural gas
2939	transmission company. For purposes of judicial review, a natural
2940	gas transmission company is a utility providing gas service
2941	within the meaning of s. 3(b)(2), Art. V of the State
2942	Constitution.
2943	Section 130.  Subsection (2) of section 379.332, Florida
2944	Statutes, is amended to read:
2945	379.332  Prosecutions; state attorney to represent state.-
2946	(2)  The state attorney shall represent the state in any
2947	forfeiture proceeding under this chapter. The Department of
2948	Legal Affairs shall represent the state in all appeals from
2949	judgments of forfeiture to the appropriate supreme court. The
2950	state may appeal any judgment denying forfeiture in whole or in
2951	part that may be otherwise adverse to the state.
2952	Section 131.  Paragraph (d) of subsection (3) of section
2953	383.0115, Florida Statutes, is amended to read:
2954	383.0115  The Commission on Marriage and Family Support
2955	Initiatives.-
2956	(3)  SCOPE OF ACTIVITY.-The commission shall:
2957	(d)  By December 31 of each year, beginning December 31,
2958	2003, issue an annual report to the Governor, the President of
2959	the Senate, the Speaker of the House of Representatives, and the
2960	Chief Justice of the Supreme Court of Civil Appeals on progress
2961	it is making on its responsibilities.
2962	Section 132.  Paragraph (f) of subsection (4) and
2963	subsections (5) and (6) of section 390.01114, Florida Statutes,
2964	are amended to read:
2965	390.01114  Parental Notice of Abortion Act.-
2966	(4)  PROCEDURE FOR JUDICIAL WAIVER OF NOTICE.-
2967	(f)  An expedited appeal shall be available, as provided
2968	the Supreme Court provides by court rule, to any minor to whom
2969	the circuit court denies a waiver of notice. An order
2970	authorizing a termination of pregnancy without notice is not
2971	subject to appeal.
2972	(5)  PROCEEDINGS.-The Supreme Court of Civil Appeals is
2973	requested to adopt rules and forms for petitions to ensure that
2974	proceedings under subsection (4) are handled expeditiously and
2975	in a manner consistent with this act. The Supreme Court of Civil
2976	Appeals is also requested to adopt rules to ensure that the
2977	hearings protect the minor's confidentiality and the
2978	confidentiality of the proceedings.
2979	(6)  REPORT.-The Supreme Court of Civil Appeals, through
2980	the Office of the State Courts Administrator, shall report by
2981	February 1 of each year to the Governor, the President of the
2982	Senate, and the Speaker of the House of Representatives on the
2983	number of petitions filed under subsection (4) for the preceding
2984	year, and the timing and manner of disposal of such petitions by
2985	each circuit court.
2986	Section 133.  Paragraph (e) of subsection (1) of section
2987	397.333, Florida Statutes, is amended to read:
2988	397.333  Statewide Drug Policy Advisory Council.-
2989	(1)
2990	(e)  The Chief Justice of the Supreme Court of Civil
2991	Appeals shall appoint a member of the judiciary to the advisory
2992	council.
2993	Section 134.  Subsection (1) of section 397.484, Florida
2994	Statutes, is amended to read:
2995	397.484  Lawyer assistance programs; persons entitled to
2996	immunity.-The civil immunity provided for in this act shall be
2997	liberally construed to accomplish the purposes of this act. The
2998	persons entitled to immunity under this act include:
2999	(1)  Florida Lawyers Assistance, Inc., and other lawyer
3000	assistance programs approved by the Florida Supreme Court of
3001	Civil Appeals or The Florida Bar which provide assistance to
3002	attorneys who may be impaired because of abuse of alcohol or
3003	other drugs or because of any other physical or mental infirmity
3004	causing impairment.
3005	Section 135.  Subsection (11) of section 400.0233, Florida
3006	Statutes, is amended to read:
3007	400.0233  Presuit notice; investigation; notification of
3008	violation of resident's rights or alleged negligence; claims
3009	evaluation procedure; informal discovery; review; settlement
3010	offer; mediation.-
3011	(11)  Within 30 days after the claimant's receipt of the
3012	defendant's response to the claim, the parties or their
3013	designated representatives shall meet in mediation to discuss
3014	the issues of liability and damages in accordance with the
3015	mediation rules of practice and procedures adopted by court rule
3016	the Supreme Court. Upon stipulation of the parties, this 30-day
3017	period may be extended and the statute of limitations is tolled
3018	during the mediation and any such extension. At the conclusion
3019	of mediation, the claimant shall have 60 days or the remainder
3020	of the period of the statute of limitations, whichever is
3021	greater, within which to file suit.
3022	Section 136.  Paragraph (b) of subsection (4) of section
3023	402.56, Florida Statutes, is amended to read:
3024	402.56  Children's cabinet; organization; responsibilities;
3025	annual report.-
3026	(4)  MEMBERS.-The cabinet shall consist of 15 members
3027	including the Governor and the following persons:
3028	(b)  The President of the Senate, the Speaker of the House
3029	of Representatives, the Chief Justice of the Supreme Court of
3030	Civil Appeals, the Attorney General, and the Chief Financial
3031	Officer, or their appointed designees, shall serve as ex officio
3032	members of the cabinet.
3033	Section 137.  Subsection (8) of section 403.1837, Florida
3034	Statutes, is amended to read:
3035	403.1837  Florida Water Pollution Control Financing
3036	Corporation.-
3037	(8)  The corporation shall validate any bonds issued under
3038	this section, except refunding bonds, which may be validated at
3039	the option of the corporation, by proceedings under chapter 75.
3040	The validation complaint must be filed in the Circuit Court for
3041	Leon County. The notice required under s. 75.06 must be
3042	published in Leon County, and the complaint and order of the
3043	circuit court shall be served only on the State Attorney for the
3044	Second Judicial Circuit. Sections 75.04(2) and 75.06(2) do not
3045	apply to a validation complaint filed as authorized in this
3046	subsection. The validation of the first bonds issued under this
3047	section may be appealed to the Supreme Court of Civil Appeals,
3048	and the appeal shall be handled on an expedited basis.
3049	Section 138.  Paragraph (d) of subsection (4) of section
3050	403.519, Florida Statutes, is amended to read:
3051	403.519  Exclusive forum for determination of need.-
3052	(4)  In making its determination on a proposed electrical
3053	power plant using nuclear materials or synthesis gas produced by
3054	integrated gasification combined cycle power plant as fuel, the
3055	commission shall hold a hearing within 90 days after the filing
3056	of the petition to determine need and shall issue an order
3057	granting or denying the petition within 135 days after the date
3058	of the filing of the petition. The commission shall be the sole
3059	forum for the determination of this matter and the issues
3060	addressed in the petition, which accordingly shall not be
3061	reviewed in any other forum, or in the review of proceedings in
3062	such other forum. In making its determination to either grant or
3063	deny the petition, the commission shall consider the need for
3064	electric system reliability and integrity, including fuel
3065	diversity, the need for base-load generating capacity, the need
3066	for adequate electricity at a reasonable cost, and whether
3067	renewable energy sources and technologies, as well as
3068	conservation measures, are utilized to the extent reasonably
3069	available.
3070	(d)  The commission's determination of need for a nuclear
3071	or integrated gasification combined cycle power plant shall
3072	create a presumption of public need and necessity and shall
3073	serve as the commission's report required by s. 403.507(4)(a).
3074	An order entered pursuant to this section constitutes final
3075	agency action. Any petition for reconsideration of a final order
3076	on a petition for need determination shall be filed within 5
3077	days after the date of such order. The commission's final order,
3078	including any order on reconsideration, shall be reviewable on
3079	appeal in the Florida Supreme Court of Civil Appeals. Inasmuch
3080	as delay in the determination of need will delay siting of a
3081	nuclear or integrated gasification combined cycle power plant or
3082	diminish the opportunity for savings to customers under the
3083	federal Energy Policy Act of 2005, the Supreme Court of Civil
3084	Appeals shall proceed to hear and determine the action as
3085	expeditiously as practicable and give the action precedence over
3086	matters not accorded similar precedence by law.
3087	Section 139.  Subsection (4) of section 421.17, Florida
3088	Statutes, is amended to read:
3089	421.17  Validation of debentures and proceedings.-
3090	(4)  In the event no appeal is taken within the time
3091	prescribed by said chapter, or if taken, and the decree
3092	validating said debentures is affirmed by the Supreme Court of
3093	Civil Appeals, the decree of the circuit court validating and
3094	confirming the issuance of the debentures of the housing
3095	authority shall be forever conclusive as to the validity of said
3096	debentures against the housing authority and against all
3097	taxpayers and citizens of the city for which said housing
3098	authority was created and of the county or counties in the whole
3099	or part of which the housing authority is empowered to function;
3100	and the validity of said debentures shall never be called in
3101	question in any court in this state. Debentures of a housing
3102	authority, when issued under the provisions of said chapter,
3103	shall have stamped or written thereon by the proper officers of
3104	the housing authority issuing the same, the words: "Validated
3105	and Confirmed by Decree of the Circuit Court," specifying the
3106	date when such decree was rendered and the court in which it was
3107	rendered, which shall be signed by the clerk of the circuit
3108	court in which the decree was rendered, which entry shall be
3109	original evidence of said decree in any court in this state.
3110	Section 140.  Subsection (11) of section 429.293, Florida
3111	Statutes, is amended to read:
3112	429.293  Presuit notice; investigation; notification of
3113	violation of residents' rights or alleged negligence; claims
3114	evaluation procedure; informal discovery; review; settlement
3115	offer; mediation.-
3116	(11)  Within 30 days after the claimant's receipt of
3117	defendant's response to the claim, the parties or their
3118	designated representatives shall meet in mediation to discuss
3119	the issues of liability and damages in accordance with the
3120	mediation rules of practice and procedures adopted by court rule
3121	the Supreme Court. Upon stipulation of the parties, this 30-day
3122	period may be extended and the statute of limitations is tolled
3123	during the mediation and any such extension. At the conclusion
3124	of mediation, the claimant shall have 60 days or the remainder
3125	of the period of the statute of limitations, whichever is
3126	greater, within which to file suit.
3127	Section 141.  Paragraph (a) of subsection (2) of section
3128	429.87, Florida Statutes, is amended to read:
3129	429.87  Civil actions to enforce rights.-
3130	(2)  To recover attorney's fees under this section, the
3131	following conditions precedent must be met:
3132	(a)  Within 120 days after the filing of a responsive
3133	pleading or defensive motion to a complaint brought under this
3134	section and before trial, the parties or their designated
3135	representatives shall meet in mediation to discuss the issues of
3136	liability and damages in accordance with this paragraph for the
3137	purpose of an early resolution of the matter.
3138	1.  Within 60 days after the filing of the responsive
3139	pleading or defensive motion, the parties shall:
3140	a.  Agree on a mediator. If the parties cannot agree on a
3141	mediator, the defendant shall immediately notify the court,
3142	which shall appoint a mediator within 10 days after such notice.
3143	b.  Set a date for mediation.
3144	c.  Prepare an order for the court that identifies the
3145	mediator, the scheduled date of the mediation, and other terms
3146	of the mediation. Absent any disagreement between the parties,
3147	the court may issue the order for the mediation submitted by the
3148	parties without a hearing.
3149	2.  The mediation must be concluded within 120 days after
3150	the filing of a responsive pleading or defensive motion. The
3151	date may be extended only by agreement of all parties subject to
3152	mediation under this subsection.
3153	3.  The mediation shall be conducted in the following
3154	manner:
3155	a.  Each party shall ensure that all persons necessary for
3156	complete settlement authority are present at the mediation.
3157	b.  Each party shall mediate in good faith.
3158	4.  All aspects of the mediation which are not specifically
3159	established by this subsection must be conducted according to
3160	the rules of practice and procedure adopted by court rule the
3161	Supreme Court of this state.
3162	Section 142.  Subsection (1) of section 440.106, Florida
3163	Statutes, is amended to read:
3164	440.106  Civil remedies; administrative penalties.-
3165	(1)  Whenever any circuit or special grievance committee
3166	acting under the jurisdiction of the Supreme Court of Civil
3167	Appeals finds probable cause to believe that an attorney has
3168	violated s. 440.105, such committee may forward to the
3169	appropriate state attorney a copy of the findings of probable
3170	cause and a copy of the report being filed in the matter.
3171	Section 143.  Paragraph (a) of subsection (5) of section
3172	440.25, Florida Statutes, is amended to read:
3173	440.25  Procedures for mediation and hearings.-
3174	(5)(a)  Procedures with respect to appeals from orders of
3175	judges of compensation claims shall be governed by court rules
3176	adopted by the Supreme Court. Such an order shall become final
3177	30 days after mailing of copies of such order to the parties,
3178	unless appealed pursuant to such rules.
3179	Section 144.  Section 440.271, Florida Statutes, is amended
3180	to read:
3181	440.271  Appeal of order of judge of compensation claims.-
3182	Review of any order of a judge of compensation claims entered
3183	pursuant to this chapter shall be by appeal to the District
3184	Court of Appeal, First District. Appeals shall be filed in
3185	accordance with rules of procedure prescribed by court rule the
3186	Supreme Court for review of such orders. The department shall be
3187	given notice of any proceedings pertaining to s. 440.25,
3188	regarding indigency, or s. 440.49, regarding the Special
3189	Disability Trust Fund, and shall have the right to intervene in
3190	any proceedings.
3191	Section 145.  Subsection (3) of section 440.29, Florida
3192	Statutes, is amended to read:
3193	440.29  Procedure before the judge of compensation claims.-
3194	(3)  The practice and procedure before the judges of
3195	compensation claims shall be governed by rules adopted by the
3196	Office of the Judges of Compensation Claims Supreme Court,
3197	except to the extent that such rules conflict with the
3198	provisions of this chapter.
3199	Section 146.  Subsection (2) of section 440.32, Florida
3200	Statutes, is amended to read:
3201	440.32  Cost in proceedings brought without reasonable
3202	ground.-
3203	(2)  If the judge of compensation claims or any court
3204	having jurisdiction of proceedings in respect to any claims or
3205	defense under this section determines that the proceedings were
3206	maintained or continued frivolously, the cost of the
3207	proceedings, including reasonable attorney's fees, shall be
3208	assessed against the offending attorney. If a penalty is
3209	assessed under this subsection, a copy of the order assessing
3210	the penalty must be forwarded to the appropriate grievance
3211	committee acting under the jurisdiction of the Supreme Court of
3212	Civil Appeals. Penalties, fees, and costs awarded under this
3213	provision may not be recouped from the party.
3214	Section 147.  Section 440.442, Florida Statutes, is amended
3215	to read:
3216	440.442  Code of Judicial Conduct.-The Deputy Chief Judge
3217	and judges of compensation claims shall observe and abide by the
3218	Code of Judicial Conduct as adopted by the Florida Supreme
3219	Court. Any material violation of a provision of the Code of
3220	Judicial Conduct shall constitute either malfeasance or
3221	misfeasance in office and shall be grounds for suspension and
3222	removal of the Deputy Chief Judge or judge of compensation
3223	claims by the Governor.
3224	Section 148.  Subsection (2) of section 454.021, Florida
3225	Statutes, is amended to read:
3226	454.021  Attorneys; admission to practice law; Supreme
3227	Court of Civil Appeals to govern and regulate.-
3228	(2)  The Supreme Court of Civil Appeals of Florida, being
3229	the highest civil court of the said state, is the proper court
3230	to govern and regulate admissions of attorneys and counselors to
3231	practice law in the said state.
3232	Section 149.  Section 454.31, Florida Statutes, is amended
3233	to read:
3234	454.31  Practice while disbarred or suspended prohibited.-
3235	Any person who has been knowingly disbarred and who has not been
3236	lawfully reinstated or is knowingly under suspension from the
3237	practice of law by any circuit court of the state or by the
3238	Supreme Court of the state who practices law in this state or
3239	holds himself or herself out as an attorney at law or qualified
3240	to practice law in this state commits a felony of the third
3241	degree, punishable as provided in s. 775.082, s. 775.083, or s.
3242	775.084.
3243	Section 150.  Section 454.32, Florida Statutes, is amended
3244	to read:
3245	454.32  Aiding or assisting disbarred or suspended attorney
3246	prohibited.-A person who knowingly aids or assists any person in
3247	carrying on the unauthorized practice of law, knowing that such
3248	person has been disbarred and has not been lawfully reinstated
3249	or is under suspension from the practice of law by any circuit
3250	court of the state or by the Supreme Court of the state, commits
3251	a felony of the third degree, punishable as provided in s.
3252	775.082, s. 775.083, or s. 775.084, and shall also be subject to
3253	disbarment.
3254	Section 151.  Paragraph (d) of subsection (7) of section
3255	489.533, Florida Statutes, is amended to read:
3256	489.533  Disciplinary proceedings.-
3257	(7)
3258	(d)  Mediation shall be conducted according to rules of
3259	practice and procedure for circuit court as adopted by court
3260	rule the Supreme Court. The mediator shall be a certified
3261	circuit court mediator.
3262	Section 152.  Subsection (4) of section 627.7015, Florida
3263	Statutes, is amended to read:
3264	627.7015  Alternative procedure for resolution of disputed
3265	property insurance claims.-
3266	(4)  The department shall adopt by rule a property
3267	insurance mediation program to be administered by the department
3268	or its designee. The department may also adopt special rules
3269	which are applicable in cases of an emergency within the state.
3270	The rules shall be modeled after practices and procedures set
3271	forth in mediation rules of procedure adopted by court rule the
3272	Supreme Court. The rules shall provide for:
3273	(a)  Reasonable requirement for processing and scheduling
3274	of requests for mediation.
3275	(b)  Qualifications of mediators as provided in s. 627.745
3276	and in the Florida Rules of Certified and Court Appointed
3277	Mediators, and for such other individuals as are qualified by
3278	education, training, or experience as the department determines
3279	to be appropriate.
3280	(c)  Provisions governing who may attend mediation
3281	conferences.
3282	(d)  Selection of mediators.
3283	(e)  Criteria for the conduct of mediation conferences.
3284	(f)  Right to legal counsel.
3285	Section 153.  Subsection (2) of section 723.038, Florida
3286	Statutes, is amended to read:
3287	723.038  Dispute settlement; mediation.-
3288	(2)  The division upon petition shall appoint a qualified
3289	mediator to conduct mediation proceedings unless the parties
3290	timely notify the division in writing that they have selected a
3291	mediator. A person appointed by the division shall be a
3292	qualified mediator from a list of circuit court mediators in
3293	each judicial circuit who has met training and educational
3294	requirements established by the Supreme Court of Civil Appeals.
3295	If such mediators are not available, the division may select a
3296	mediator from the list maintained by the Florida Growth
3297	Management Conflict Resolution Consortium. The division shall
3298	promulgate rules of procedure to govern such proceedings in
3299	accordance with the rules of practice and procedure adopted by
3300	court rule the Supreme Court. The division shall also establish,
3301	by rule, the fee to be charged by a mediator which shall not
3302	exceed the fee authorized by the circuit court.
3303	Section 154.  Subsection (2) of section 744.703, Florida
3304	Statutes, is amended to read:
3305	744.703  Office of public guardian; appointment,
3306	notification.-
3307	(2)  The executive director shall appoint or contract with
3308	a public guardian from the list of candidates described in
3309	subsection (1). A public guardian must meet the qualifications
3310	for a guardian as prescribed in s. 744.309(1)(a). Upon
3311	appointment of the public guardian, the executive director shall
3312	notify the chief judge of the judicial circuit and the Chief
3313	Justice of the Supreme Court of Florida, in writing, of the
3314	appointment.
3315	Section 155.  Section 752.015, Florida Statutes, is amended
3316	to read:
3317	752.015  Mediation of visitation disputes.-It shall be the
3318	public policy of this state that families resolve differences
3319	over grandparent visitation within the family. It shall be the
3320	further public policy of this state that when families are
3321	unable to resolve differences relating to grandparent visitation
3322	that the family participate in any formal or informal mediation
3323	services that may be available. When families are unable to
3324	resolve differences relating to grandparent visitation and a
3325	petition is filed pursuant to s. 752.01, the court shall, if
3326	such services are available in the circuit, refer the case to
3327	family mediation in accordance with court rules promulgated by
3328	the Supreme Court.
3329	Section 156.  Paragraphs (f) and (g) of subsection (2) of
3330	section 753.03, Florida Statutes, are amended to read:
3331	753.03  Standards for supervised visitation and supervised
3332	exchange programs.-
3333	(2)  The clearinghouse shall use an advisory board to
3334	assist in developing the standards. The advisory board must
3335	include:
3336	(f)  A circuit court judge who presides over domestic
3337	violence proceedings, appointed by the Chief Justice of the
3338	Supreme Court of Civil Appeals.
3339	(g)  A circuit court judge who presides over dependency
3340	proceedings, appointed by the Chief Justice of the Supreme Court
3341	of Civil Appeals.
3342	Section 157.  Subsections (4) and (6) of section 766.107,
3343	Florida Statutes, are amended to read:
3344	766.107  Court-ordered arbitration.-
3345	(4)  The decision of the arbitration panel shall not be
3346	binding. If all parties accept the decision of the arbitration
3347	panel, that decision shall be deemed a settlement of the case
3348	and it shall be dismissed with prejudice. After the arbitration
3349	award is rendered, any party may demand a trial de novo in the
3350	circuit court by filing with the clerk of the circuit court and
3351	all parties such notice as is required by court rules adopted by
3352	the Supreme Court.
3353	(6)  The supreme courts Court may adopt rules to supplement
3354	the provisions of this section.
3355	Section 158.  Subsection (4) of section 766.206, Florida
3356	Statutes, is amended to read:
3357	766.206  Presuit investigation of medical negligence claims
3358	and defenses by court.-
3359	(4)  If the court finds that an attorney for the claimant
3360	mailed notice of intent to initiate litigation without
3361	reasonable investigation, or filed a medical negligence claim
3362	without first mailing such notice of intent which complies with
3363	the reasonable investigation requirements, or if the court finds
3364	that an attorney for a defendant mailed a response rejecting the
3365	claim without reasonable investigation, the court shall submit
3366	its finding in the matter to The Florida Bar for disciplinary
3367	review of the attorney. Any attorney so reported three or more
3368	times within a 5-year period shall be reported to a circuit
3369	grievance committee acting under the jurisdiction of the Supreme
3370	Court of Civil Appeals. If such committee finds probable cause
3371	to believe that an attorney has violated this section, such
3372	committee shall forward to the Supreme Court of Civil Appeals a
3373	copy of its finding.
3374	Section 159.  Subsection (1) of section 766.311, Florida
3375	Statutes, is amended to read:
3376	766.311  Conclusiveness of determination or award; appeal.-
3377	(1)  A determination of the administrative law judge as to
3378	qualification of the claim for purposes of compensability under
3379	s. 766.309 or an award by the administrative law judge pursuant
3380	to s. 766.31 shall be conclusive and binding as to all questions
3381	of fact. Review of an order of an administrative law judge shall
3382	be by appeal to the District Court of Appeal. Appeals shall be
3383	filed in accordance with court rules of procedure prescribed by
3384	the Supreme Court for review of such orders.
3385	Section 160.  Subsection (6) of section 768.79, Florida
3386	Statutes, is amended to read:
3387	768.79  Offer of judgment and demand for judgment.-
3388	(6)  Upon motion made by the offeror within 30 days after
3389	the entry of judgment or after voluntary or involuntary
3390	dismissal, the court shall determine the following:
3391	(a)  If a defendant serves an offer which is not accepted
3392	by the plaintiff, and if the judgment obtained by the plaintiff
3393	is at least 25 percent less than the amount of the offer, the
3394	defendant shall be awarded reasonable costs, including
3395	investigative expenses, and attorney's fees, calculated in
3396	accordance with the guidelines promulgated by court rule the
3397	Supreme Court, incurred from the date the offer was served, and
3398	the court shall set off such costs in attorney's fees against
3399	the award. When such costs and attorney's fees total more than
3400	the amount of the judgment, the court shall enter judgment for
3401	the defendant against the plaintiff for the amount of the costs
3402	and fees, less the amount of the award to the plaintiff.
3403	(b)  If a plaintiff serves an offer which is not accepted
3404	by the defendant, and if the judgment obtained by the plaintiff
3405	is at least 25 percent more than the amount of the offer, the
3406	plaintiff shall be awarded reasonable costs, including
3407	investigative expenses, and attorney's fees, calculated in
3408	accordance with the guidelines promulgated by court rule the
3409	Supreme Court, incurred from the date the offer was served.
3410
3411	For purposes of the determination required by paragraph (a), the
3412	term "judgment obtained" means the amount of the net judgment
3413	entered, plus any postoffer collateral source payments received
3414	or due as of the date of the judgment, plus any postoffer
3415	settlement amounts by which the verdict was reduced. For
3416	purposes of the determination required by paragraph (b), the
3417	term "judgment obtained" means the amount of the net judgment
3418	entered, plus any postoffer settlement amounts by which the
3419	verdict was reduced.
3420	Section 161.  Section 849.42, Florida Statutes, is amended
3421	to read:
3422	849.42  State attorney to represent state.-Upon the filing
3423	of the sheriff's return with the clerk of the circuit court the
3424	said clerk shall furnish the state attorney with a copy thereof
3425	and the said state attorney shall represent the state in the
3426	forfeiture proceedings. The Department of Legal Affairs shall
3427	represent the state in all appeals from judgments of forfeiture
3428	to the appropriate district court of appeal or direct to the
3429	Supreme Court of Criminal Appeals when authorized by s. 3, Art.
3430	V of the State Constitution. The state may appeal any judgment
3431	denying forfeiture in whole or in part or that may be otherwise
3432	adverse to the state.
3433	Section 162.  Subsection (1) of section 877.02, Florida
3434	Statutes, is amended to read:
3435	877.02  Solicitation of legal services or retainers
3436	therefor; penalty.-
3437	(1)  It shall be unlawful for any person or her or his
3438	agent, employee or any person acting on her or his behalf, to
3439	solicit or procure through solicitation either directly or
3440	indirectly legal business, or to solicit or procure through
3441	solicitation a retainer, written or oral, or any agreement
3442	authorizing an attorney to perform or render legal service, or
3443	to make it a business to solicit or procure such business,
3444	retainers or agreements; provided, however, that nothing herein
3445	shall prohibit or be applicable to banks, trust companies,
3446	lawyer reference services, legal aid associations, lay
3447	collection agencies, railroad companies, insurance companies and
3448	agencies, and real estate companies and agencies, in the conduct
3449	of their lawful businesses, and in connection therewith and
3450	incidental thereto forwarding legal matters to attorneys at law
3451	when such forwarding is authorized by the customers or clients
3452	of said businesses and is done pursuant to the rules regulating
3453	The Florida Bar canons of legal ethics as pronounced by the
3454	Supreme Court of Florida.
3455	Section 163.  Section 905.33, Florida Statutes, is amended
3456	to read:
3457	905.33  Petition to Supreme Court of Criminal Appeals by
3458	Governor; order.-
3459	(1)  Whenever the Governor, for good and sufficient reason,
3460	deems it to be in the public interest to impanel a statewide
3461	grand jury, she or he may petition in writing to the Supreme
3462	Court of Criminal Appeals for an order impaneling a statewide
3463	grand jury. The petition shall state the general crimes or
3464	wrongs to be inquired into and shall state that said crimes or
3465	wrongs are of a multicircuit nature. The Supreme Court of
3466	Criminal Appeals may order the impaneling of a statewide grand
3467	jury, in accordance with the petition, for a term of 12 calendar
3468	months. Upon petition by a majority of the statewide grand jury
3469	or by the legal adviser to the statewide grand jury, the Supreme
3470	Court of Criminal Appeals, by order, may extend the term of the
3471	statewide grand jury for a period of up to 6 months.
3472	(2)  The Chief Justice of the Supreme Court of Criminal
3473	Appeals shall designate a judge of a circuit court to preside
3474	over the statewide grand jury; such judge shall be referred to
3475	herein as the presiding judge.
3476	Section 164.  Subsection (2) of section 905.37, Florida
3477	Statutes, is amended to read:
3478	905.37  List of prospective jurors; impanelment;
3479	composition of jury; compensation.-
3480	(2)  The State Courts Administrator, upon receipt of the
3481	order of the Supreme Court of Criminal Appeals granting a
3482	petition to impanel a statewide grand jury, shall certify and
3483	submit to the presiding judge the lists submitted by the chief
3484	judge of each judicial circuit. The Supreme Court of Criminal
3485	Appeals shall provide in its order impaneling the statewide
3486	grand jury whether the prospective jurors are to be drawn from
3487	the jury lists, as selected, certified, and submitted pursuant
3488	to this section, from a designated circuit or circuits or from a
3489	statewide list containing the names of all persons who are named
3490	in the certified jury lists submitted by the chief judge of each
3491	judicial circuit. If the Supreme Court of Criminal Appeals
3492	determines, based upon the facts set forth in the Governor's
3493	petition, that the principal scope of the investigation to be
3494	conducted by the statewide grand jury is limited to a particular
3495	region or section of the state, or if, in the interest of
3496	convenience to the prospective grand jury witnesses, law
3497	enforcement officers, or others, the investigation could more
3498	appropriately operate within a particular region or section of
3499	the state, then, in either such event, the Supreme Court of
3500	Criminal Appeals may designate the judicial circuits within that
3501	region of the state which shall be the base operating area for
3502	the statewide grand jury, from which designated circuits the
3503	prospective jurors of the statewide grand jury shall be
3504	selected. The presiding judge shall, by lot and at random,
3505	select and impanel the statewide grand jury from the jury lists
3506	of the designated circuits certified and submitted through State
3507	Courts Administrator, or of the composite statewide list, in
3508	accordance with the order of the Supreme Court of Criminal
3509	Appeals. In selecting and impaneling the statewide grand jury in
3510	the manner prescribed herein, the presiding judge shall select
3511	no fewer than one statewide grand juror from each congressional
3512	district in the state. Each such prospective juror may be
3513	excused by the presiding judge upon a showing that service on
3514	the statewide grand jury will result in an unreasonable personal
3515	or financial hardship by virtue of the location or projected
3516	length of the grand jury investigation.
3517	Section 165.  Subsection (2) of section 907.041, Florida
3518	Statutes, is amended to read:
3519	907.041  Pretrial detention and release.-
3520	(2)  RULES OF PROCEDURE.-Procedures for pretrial release
3521	determinations shall be governed by court rule rules adopted by
3522	the Supreme Court.
3523	Section 166.  Section 918.19, Florida Statutes, is amended
3524	to read:
3525	918.19  Closing argument.-As provided in the common law, in
3526	criminal prosecutions after the closing of evidence:
3527	(1)  The prosecuting attorney shall open the closing
3528	arguments.
3529	(2)  The accused or the attorney for the accused may reply.
3530	(3)  The prosecuting attorney may reply in rebuttal.
3531
3532	The method set forth in this section shall control unless the
3533	Supreme Court determines it is procedural and issues a
3534	substitute rule of criminal procedure.
3535	Section 167.  Subsection (4) of section 921.141, Florida
3536	Statutes, is amended to read:
3537	921.141  Sentence of death or life imprisonment for capital
3538	felonies; further proceedings to determine sentence.-
3539	(4)  REVIEW OF JUDGMENT AND SENTENCE.-The judgment of
3540	conviction and sentence of death shall be subject to automatic
3541	review by the Supreme Court of Criminal Appeals Florida and
3542	disposition rendered within 2 years after the filing of a notice
3543	of appeal. Such review by the Supreme Court of Criminal Appeals
3544	shall have priority over all other cases and shall be heard in
3545	accordance with court rules promulgated by the Supreme Court.
3546	Section 168.  Subsection (5) of section 921.142, Florida
3547	Statutes, is amended to read:
3548	921.142  Sentence of death or life imprisonment for capital
3549	drug trafficking felonies; further proceedings to determine
3550	sentence.-
3551	(5)  REVIEW OF JUDGMENT AND SENTENCE.-The judgment of
3552	conviction and sentence of death shall be subject to automatic
3553	review and disposition rendered by the Supreme Court of Criminal
3554	Appeals Florida within 2 years after the filing of a notice of
3555	appeal. Such review by the Supreme Court of Criminal Appeals
3556	shall have priority over all other cases and shall be heard in
3557	accordance with rules adopted promulgated by the Supreme Court
3558	of Criminal Appeals.
3559	Section 169.  Subsections (2) and (3) of section 922.105,
3560	Florida Statutes, are amended to read:
3561	922.105  Execution of death sentence; prohibition against
3562	reduction of death sentence as a result of determination that a
3563	method of execution is unconstitutional.-
3564	(2)  A person convicted and sentenced to death for a
3565	capital crime at any time shall have one opportunity to elect
3566	that his or her death sentence be executed by electrocution. The
3567	election for death by electrocution is waived unless it is
3568	personally made by the person in writing and delivered to the
3569	warden of the correctional facility within 30 days after the
3570	issuance of mandate pursuant to a decision by the Florida
3571	Supreme Court of Criminal Appeals affirming the sentence of
3572	death or, if mandate issued before the effective date of this
3573	act, the election must be made and delivered to the warden
3574	within 30 days after the effective date of this act. If a
3575	warrant of execution is pending on the effective date of this
3576	act, or if a warrant is issued within 30 days after the
3577	effective date of this act, the person sentenced to death who is
3578	the subject of the warrant shall have waived election of
3579	electrocution as the method of execution unless a written
3580	election signed by the person is submitted to the warden of the
3581	correctional facility no later than 48 hours after a new date
3582	for execution of the death sentence is set by the Governor under
3583	s. 922.06.
3584	(3)  If electrocution or lethal injection is held to be
3585	unconstitutional by the Florida Supreme Court of Criminal
3586	Appeals under the State Constitution, or held to be
3587	unconstitutional by the United States Supreme Court under the
3588	United States Constitution, or if the United States Supreme
3589	Court declines to review any judgment holding a method of
3590	execution to be unconstitutional under the United States
3591	Constitution made by the Florida Supreme Court of Criminal
3592	Appeals or the United States Court of Appeals that has
3593	jurisdiction over Florida, all persons sentenced to death for a
3594	capital crime shall be executed by any constitutional method of
3595	execution.
3596	Section 170.  Section 922.14, Florida Statutes, is amended
3597	to read:
3598	922.14  Sentence of death unexecuted for unjustifiable
3599	reasons.-If a death sentence is not executed because of
3600	unjustified failure of the Governor to issue a warrant, or for
3601	any other unjustifiable reason, on application of the Department
3602	of Legal Affairs, the Supreme Court of Criminal Appeals shall
3603	issue a warrant directing the sentence to be executed during a
3604	week designated in the warrant.
3605	Section 171.  Section 922.15, Florida Statutes, is amended
3606	to read:
3607	922.15  Return of warrant of execution issued by Supreme
3608	Court of Criminal Appeals.-After the sentence has been executed
3609	pursuant to a warrant issued by the Supreme Court of Criminal
3610	Appeals, the warden of the state prison shall send the warrant
3611	and a signed statement of the execution to the Secretary of
3612	State. The warden shall file an attested copy of the warrant and
3613	statement with the clerk of the court that imposed the sentence.
3614	The warden shall send to the Governor an attested copy of the
3615	warrant and statement.
3616	Section 172.  Subsection (1) of section 924.055, Florida
3617	Statutes, is amended to read:
3618	924.055  Postconviction review in capital cases;
3619	legislative findings and intent.-
3620	(1)  It is the intent of the Legislature to reduce delays
3621	in capital cases and to ensure that all appeals and
3622	postconviction actions in capital cases are resolved within 5
3623	years after the date a sentence of death is imposed in the
3624	circuit court. All capital postconviction actions must be filed
3625	as early as possible after the imposition of a sentence of death
3626	which may be during a direct appeal of the conviction and
3627	sentence. A person sentenced to death or that person's capital
3628	postconviction counsel must file any postconviction legal action
3629	in compliance with the statutes of limitation established in s.
3630	924.056 and elsewhere in this chapter. Except as expressly
3631	allowed by s. 924.056(5), a person sentenced to death or that
3632	person's capital postconviction counsel may not file more than
3633	one postconviction action in a sentencing court and one appeal
3634	therefrom to the Florida Supreme Court of Criminal Appeals,
3635	unless authorized by law.
3636	Section 173.  Paragraph (a) of subsection (3) and
3637	subsection (4) of section 924.056, Florida Statutes, are amended
3638	to read:
3639	924.056  Commencement of capital postconviction actions for
3640	which sentence of death is imposed on or after January 14, 2000;
3641	limitations on actions.-
3642	(3)(a)  With respect to all capital postconviction actions
3643	commenced after the effective date of this act, a capital
3644	postconviction action is not commenced until the defendant or
3645	the defendant's postconviction counsel files a fully pled
3646	postconviction action in the sentencing court or, as provided in
3647	subsection (4), the Florida Supreme Court of Criminal Appeals.
3648	For the purposes of this subsection, a fully pled capital
3649	postconviction action is one which complies with s. 924.058(2)
3650	or any superseding court rule adopted by the Florida Supreme
3651	Court. Except as provided by subsection (4) or subsection (5),
3652	all capital postconviction actions shall be barred unless they
3653	are commenced within 180 days after the filing of the
3654	appellant's initial brief in the Florida Supreme Court of
3655	Criminal Appeals on direct appeal of the defendant's capital
3656	conviction and sentence. The fully pled postconviction action
3657	must raise all cognizable claims that the defendant's judgment
3658	or sentence was entered in violation of the Constitution or laws
3659	of the United States or the Constitution or the laws of the
3660	state, including any claim of ineffective assistance of trial
3661	counsel, allegations of innocence, or that the state withheld
3662	evidence favorable to the defendant. No claim may be considered
3663	in such action which could have or should have been raised
3664	before trial, at trial, or if preserved on direct appeal. For
3665	the purposes of this subsection, a capital postconviction action
3666	is not fully pled unless it satisfies the requirements of s.
3667	924.058(2) or any superseding rule of court.
3668	(4)  All capital postconviction actions raising any claim
3669	of ineffective assistance of direct appeal counsel are barred
3670	unless they are commenced in conformity with this subsection.
3671	The defendant or the defendant's capital postconviction counsel
3672	shall file an action in the Florida Supreme Court of Criminal
3673	Appeals raising any claim of ineffective assistance of direct
3674	appeal counsel within 45 days after mandate issues affirming the
3675	death sentence in the direct appeal.
3676	Section 174.  Subsection (2) of section 924.057, Florida
3677	Statutes, is amended to read:
3678	924.057  Limitation on postconviction cases in which the
3679	death sentence was imposed before January 14, 2000.-This section
3680	shall govern all capital postconviction actions in cases in
3681	which the trial court imposed the sentence of death before the
3682	effective date of this act.
3683	(2)  Except as provided in s. 924.056(5), in every case in
3684	which mandate has issued in the Florida Supreme Court of
3685	Criminal Appeals concluding at least one capital postconviction
3686	action in the state court system, a successive capital
3687	postconviction action shall be barred on the effective date of
3688	this act, unless the rules or law in effect immediately prior to
3689	the effective date of this act permitted the successive
3690	postconviction action, in which case the action shall be barred
3691	on the date provided in subsection (4).
3692	Section 175.  Section 924.058, Florida Statutes, is amended
3693	to read:
3694	924.058  Capital postconviction claims.-This section shall
3695	regulate the procedures in actions for capital postconviction
3696	relief commencing after the effective date of this act unless
3697	and until such procedures are revised by court rule or rules
3698	adopted by the Florida Supreme Court which specifically
3699	reference this section.
3700	(1)  The defendant or the defendant's capital
3701	postconviction counsel shall not file more than one capital
3702	postconviction action in the sentencing court, one appeal
3703	therefrom in the Florida Supreme Court of Criminal Appeals, and
3704	one original capital postconviction action alleging the
3705	ineffectiveness of direct appeal counsel in the Florida Supreme
3706	Court of Criminal Appeals, except as expressly allowed by s.
3707	924.056(5).
3708	(2)  The defendant's postconviction action shall be filed
3709	under oath and shall be fully pled to include:
3710	(a)  The judgment or sentence under attack and the court
3711	which rendered the same;
3712	(b)  A statement of each issue raised on appeal and the
3713	disposition thereof;
3714	(c)  Whether a previous postconviction action has been
3715	filed and, if so, the disposition of all previous claims raised
3716	in postconviction litigation; if a previous action or actions
3717	have been filed, the reason or reasons the claim or claims in
3718	the present motion were not raised in the former action or
3719	actions;
3720	(d)  The nature of the relief sought;
3721	(e)  A fully detailed allegation of the factual basis for
3722	any claim of legal or constitutional error asserted, including
3723	the attachment of any document supporting the claim, the name
3724	and address of any witness, the attachment of affidavits of the
3725	witnesses or a proffer of the testimony; and
3726	(f)  A concise memorandum of applicable case law as to each
3727	claim asserted.
3728	(3)  Any capital postconviction action that does not comply
3729	with any requirement in this section or other applicable
3730	provision in law shall not be considered in any state court. No
3731	amendment of a defendant's capital postconviction action shall
3732	be allowed by the court after the expiration of the time
3733	limitation provided by statute for the commencement of capital
3734	postconviction actions.
3735	(4)  The prosecuting attorney or Attorney General shall be
3736	allowed to file one response to any capital postconviction
3737	action within 60 days after receipt of the defendant's fully
3738	pled capital postconviction action.
3739	Section 176.  Section 924.059, Florida Statutes, is amended
3740	to read:
3741	924.059  Time limitations and judicial review in capital
3742	postconviction actions.-This section shall regulate the
3743	procedures in actions for capital postconviction relief
3744	commencing after the effective date of this act unless and until
3745	such procedures are revised by court rule or rules adopted by
3746	the Florida Supreme Court which specifically reference this
3747	section.
3748	(1)  No amendment of a defendant's capital postconviction
3749	action shall be allowed by the court after the expiration of the
3750	time periods provided by statute for the filing of capital
3751	postconviction claims.
3752	(2)  Within 30 days after the state files its answer, the
3753	sentencing court shall conduct a hearing to determine if an
3754	evidentiary hearing is required, if a hearing has been requested
3755	by the defendant or the defendant's capital postconviction
3756	counsel. Within 30 days thereafter, the court shall rule whether
3757	an evidentiary hearing is required and, if so, shall schedule an
3758	evidentiary hearing to be held within 90 days. If the court
3759	determines that the defendant's capital postconviction action is
3760	legally insufficient or the action, files, and records in the
3761	case show that the defendant is not entitled to relief, the
3762	court shall, within 45 days thereafter, deny the action, setting
3763	forth a detailed rationale therefore, and attaching or
3764	referencing such portions of the record as are necessary to
3765	allow for meaningful appellate review.
3766	(3)  Within 10 days after the order scheduling an
3767	evidentiary hearing, the defendant or the defendant's capital
3768	postconviction counsel shall disclose the names and addresses of
3769	any potential witnesses not previously disclosed, with their
3770	affidavits or a proffer of their testimony. Upon receipt of the
3771	defendant's disclosure, the state shall have 10 days within
3772	which to provide reciprocal disclosure. If the defendant intends
3773	to offer expert testimony of his or her mental status, the state
3774	shall be entitled to have the defendant examined by an expert of
3775	its choosing. All of the defendant's mental status claims shall
3776	be deemed denied as a matter of law if the defendant fails to
3777	cooperate with the state's expert. Reports provided by expert
3778	witnesses shall be disclosed by opposing counsel upon receipt.
3779	(4)  Following the evidentiary hearing, the court shall
3780	order the transcription of the proceeding which shall be filed
3781	within 30 days. Within 30 days after receipt of the transcript,
3782	the sentencing court shall issue a final order granting or
3783	denying postconviction relief, making detailed findings of fact
3784	and conclusions of law with respect to any allegation asserted.
3785	(5)  An appeal may be taken to the Supreme Court of
3786	Criminal Appeals Florida within 15 days from the entry of a
3787	final order on a capital postconviction action. No interlocutory
3788	appeal shall be permitted. No motion for rehearing shall be
3789	permitted. The clerk of the court shall promptly serve upon all
3790	parties a copy of the final order.
3791	(6)  If the sentencing court has denied the capital
3792	postconviction action without an evidentiary hearing, the appeal
3793	to the Florida Supreme Court of Criminal Appeals will be
3794	expeditiously resolved in a summary fashion. On appeal, the case
3795	shall be initially reviewed for a determination whether the
3796	sentencing court correctly resolved the defendant's claims
3797	without an evidentiary hearing. If the Florida Supreme Court of
3798	Criminal Appeals determines an evidentiary hearing should have
3799	been held, the decision to remand for an evidentiary hearing may
3800	be made by an order without an opinion. Jurisdiction shall be
3801	relinquished to the trial court for a specified period, which
3802	must be scheduled within 30 days and must be concluded within 90
3803	days, for the purpose of conducting an evidentiary hearing on
3804	any issue identified by the Supreme Court of Criminal Appeals'
3805	Florida supreme court's order. Thereafter, the record shall be
3806	supplemented with the hearing transcript.
3807	(7)  The Florida Supreme Court of Criminal Appeals shall
3808	render its decision within 180 days after receipt of the record
3809	on appeal. If a denial of an action for postconviction relief is
3810	affirmed, the Governor may proceed to issue a warrant for
3811	execution.
3812	(8)  A capital postconviction action filed in violation of
3813	the time limitations provided by statute is barred, and all
3814	claims raised therein are waived. A state court shall not
3815	consider any capital postconviction action filed in violation of
3816	s. 924.056 or s. 924.057. The Attorney General shall deliver to
3817	the Governor, the President of the Senate, and the Speaker of
3818	the House of Representatives a copy of any pleading or order
3819	that alleges or adjudicates any violation of this provision.
3820	Section 177.  Subsection (3) of section 925.12, Florida
3821	Statutes, is amended to read:
3822	925.12  DNA testing; defendants entering pleas.-
3823	(3)  It is the intent of the Legislature that the Supreme
3824	Court of Criminal Appeals adopt rules of procedure consistent
3825	with this section for a court, prior to the acceptance of a
3826	plea, to make an inquiry into the following matters:
3827	(a)  Whether counsel for the defense has reviewed the
3828	discovery disclosed by the state and whether such discovery
3829	included a listing or description of physical items of evidence.
3830	(b)  Whether the nature of the evidence against the
3831	defendant disclosed through discovery has been reviewed with the
3832	defendant.
3833	(c)  Whether the defendant or counsel for the defendant is
3834	aware of any physical evidence disclosed by the state for which
3835	DNA testing may exonerate the defendant.
3836	(d)  Whether the state is aware of any physical evidence
3837	for which DNA testing may exonerate the defendant.
3838	Section 178.  Subsection (8) of section 934.02, Florida
3839	Statutes, is amended to read:
3840	934.02  Definitions.-As used in this chapter:
3841	(8)  "Judge of competent jurisdiction" means justice of the
3842	Supreme Court of Criminal Appeals, judge of a district court of
3843	appeal, circuit judge, or judge of any court of record having
3844	felony jurisdiction of the State of Florida, irrespective of the
3845	geographic location or jurisdiction where the judge presides.
3846	Section 179.  Paragraph (a) of subsection (1) of section
3847	939.185, Florida Statutes, is amended to read:
3848	939.185  Assessment of additional court costs and
3849	surcharges.-
3850	(1)(a)  The board of county commissioners may adopt by
3851	ordinance an additional court cost, not to exceed $65, to be
3852	imposed by the court when a person pleads guilty or nolo
3853	contendere to, or is found guilty of, or adjudicated delinquent
3854	for, any felony, misdemeanor, delinquent act, or criminal
3855	traffic offense under the laws of this state. Such additional
3856	assessment shall be accounted for separately by the county in
3857	which the offense occurred and be used only in the county
3858	imposing this cost, to be allocated as follows:
3859	1.  Twenty-five percent of the amount collected shall be
3860	allocated to fund innovations, as determined by the chief judge
3861	of the circuit, to supplement state funding for the elements of
3862	the state courts system identified in s. 29.004 and county
3863	funding for local requirements under s. 29.008(2)(a)2.
3864	2.  Twenty-five percent of the amount collected shall be
3865	allocated to assist counties in providing legal aid programs
3866	required under s. 29.008(3)(a).
3867	3.  Twenty-five percent of the amount collected shall be
3868	allocated to fund personnel and legal materials for the public
3869	as part of a law library.
3870	4.  Twenty-five percent of the amount collected shall be
3871	used as determined by the board of county commissioners to
3872	support teen court programs, except as provided in s. 938.19(7),
3873	juvenile assessment centers, and other juvenile alternative
3874	programs.
3875
3876	Each county receiving funds under this section shall report the
3877	amount of funds collected pursuant to this section and an
3878	itemized list of expenditures for all authorized programs and
3879	activities. The report shall be submitted in a format developed
3880	by the Office of the State Courts Administrator Supreme Court to
3881	the Governor, the Chief Financial Officer, the President of the
3882	Senate, and the Speaker of the House of Representatives on a
3883	quarterly basis beginning with the quarter ending September 30,
3884	2004. Quarterly reports shall be submitted no later than 30 days
3885	after the end of the quarter. Any unspent funds at the close of
3886	the county fiscal year allocated under subparagraphs 2., 3., and
3887	4., shall be transferred for use pursuant to subparagraph 1.
3888	Section 180.  Paragraph (a) of subsection (4) of section
3889	944.096, Florida Statutes, is amended to read:
3890	944.096  Budget requests for residential facility
3891	construction; estimates; appropriations; population in excess of
3892	capacity.-
3893	(4)  As used in this section, the term:
3894	(a)  "Criminal Justice Estimating Conference" means the
3895	designated professional staffs of the Governor's office, the
3896	Legislature, and the Office of the State Courts Administrator
3897	Supreme Court who meet in regularly scheduled meetings chaired
3898	by the state economist or the state economist's designee to
3899	forecast inmate and caseload counts and other information needed
3900	to support the state budgeting process.
3901	Section 181.  Subsection (4) of section 984.15, Florida
3902	Statutes, is amended to read:
3903	984.15  Petition for a child in need of services.-
3904	(4)  The form of the petition and any additional contents
3905	shall be determined by court rules of procedure adopted by the
3906	Supreme Court.
3907	Section 182.  Subsection (3) of section 984.151, Florida
3908	Statutes, is amended to read:
3909	984.151  Truancy petition; prosecution; disposition.-
3910	(3)  Original jurisdiction to hear a truancy petition shall
3911	be in the circuit court; however, the circuit court may use a
3912	general or special master pursuant to Supreme court rules. Upon
3913	the filing of the petition, the clerk shall issue a summons to
3914	the parent, guardian, or legal custodian of the student,
3915	directing that person and the student to appear for a hearing at
3916	a time and place specified.
3917	Section 183.  Subsection (1) of section 984.18, Florida
3918	Statutes, is amended to read:
3919	984.18  Referral of child-in-need-of-services cases to
3920	mediation.-
3921	(1)  At any stage in a child-in-need-of-services
3922	proceeding, the case staffing committee or any party may request
3923	the court to refer the parties to mediation in accordance with
3924	chapter 44 and court rules and procedures developed by the
3925	Supreme Court.
3926	Section 184.  Subsection (3) of section 985.16, Florida
3927	Statutes, is amended to read:
3928	985.16  Community arbitration.-
3929	(3)  COMMUNITY ARBITRATORS.-The chief judge of each
3930	judicial circuit shall maintain a list of qualified persons who
3931	have agreed to serve as community arbitrators for the purpose of
3932	carrying out the provisions of this chapter. Community
3933	arbitrators shall meet the qualification and training
3934	requirements adopted in court rule by the Supreme Court.
3935	Whenever possible, qualified volunteers shall be used as
3936	community arbitrators.
3937	(a)  Each community arbitrator or member of a community
3938	arbitration panel shall be selected by the chief judge of the
3939	circuit, the senior circuit court judge assigned to juvenile
3940	cases in the circuit, and the state attorney. A community
3941	arbitrator or, in the case of a panel, the chief arbitrator
3942	shall have such powers as are necessary to conduct the
3943	proceedings in a fair and expeditious manner.
3944	(b)  A community arbitrator or member of a community
3945	arbitration panel shall be trained or experienced in juvenile
3946	causes and shall be:
3947	1.  Either a graduate of an accredited law school or of an
3948	accredited school with a degree in behavioral social work or
3949	trained in conflict resolution techniques; and
3950	2.  A person of the temperament necessary to deal properly
3951	with cases involving children and with the family crises likely
3952	to be presented to him or her.
3953	Section 185.  Subsection (5) of section 985.318, Florida
3954	Statutes, is amended to read:
3955	985.318  Petition.-
3956	(5)  The form of the petition and its contents shall be
3957	determined by court rule rules of procedure adopted by the
3958	Supreme Court.
3959	Section 186.  Paragraph (a) of subsection (2) of section
3960	985.66, Florida Statutes, is amended to read:
3961	985.66  Juvenile justice training academies; Juvenile
3962	Justice Standards and Training Commission; Juvenile Justice
3963	Training Trust Fund.-
3964	(2)  JUVENILE JUSTICE STANDARDS AND TRAINING COMMISSION.-
3965	(a)  There is created under the Department of Juvenile
3966	Justice the Juvenile Justice Standards and Training Commission,
3967	hereinafter referred to as the commission. The 17-member
3968	commission shall consist of the Attorney General or designee,
3969	the Commissioner of Education or designee, a member of the
3970	juvenile court judiciary to be appointed by the Chief Justice of
3971	the Supreme Court of Civil Appeals, and 14 members to be
3972	appointed by the Secretary of Juvenile Justice as follows:
3973	1.  Seven members shall be juvenile justice professionals:
3974	a superintendent or a direct care staff member from an
3975	institution; a director from a contracted community-based
3976	program; a superintendent and a direct care staff member from a
3977	regional detention center or facility; a juvenile probation
3978	officer supervisor and a juvenile probation officer; and a
3979	director of a day treatment or conditional release program. No
3980	fewer than three of these members shall be contract providers.
3981	2.  Two members shall be representatives of local law
3982	enforcement agencies.
3983	3.  One member shall be an educator from the state's
3984	university and community college program of criminology,
3985	criminal justice administration, social work, psychology,
3986	sociology, or other field of study pertinent to the training of
3987	juvenile justice program staff.
3988	4.  One member shall be a member of the public.
3989	5.  One member shall be a state attorney, or assistant
3990	state attorney, who has juvenile court experience.
3991	6.  One member shall be a public defender, or assistant
3992	public defender, who has juvenile court experience.
3993	7.  One member shall be a representative of the business
3994	community.
3995
3996	All appointed members shall be appointed to serve terms of 2
3997	years.
3998	Section 187.  This act shall take effect on the effective
3999	date of House Joint Resolution 7111, or a similar joint
4000	resolution having substantially the same specific intent and
4001	purpose, if that joint resolution is approved by the electors at
4002	the general election to be held in November 2012.

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