Florida Senate - 2022                                     SB 552
       
       
        
       By Senator Boyd
       
       
       
       
       
       21-00613A-22                                           2022552__
    1                        A bill to be entitled                      
    2         An act relating to clerks of the circuit court;
    3         amending s. 28.241, F.S.; revising the distribution of
    4         filing fees in specified trial and appellate
    5         proceedings; amending s. 28.246, F.S.; revising the
    6         calculations for certain payment plans with clerks of
    7         court; providing requirements for down payments for
    8         such payment plans; providing that the down payment
    9         does not include specified service charges; amending
   10         s. 28.35, F.S.; revising the duties of the Clerks of
   11         Court Operations Corporation; requiring the
   12         corporation to recommend to the Legislature the costs
   13         associated with clerk support for newly created county
   14         court and circuit court judgeships; amending s.
   15         34.041, F.S.; revising the allocation to the fine and
   16         forfeiture fund of filing fees of certain claims filed
   17         in county courts; amending s. 57.082, F.S.;
   18         authorizing clerks of court to review the property
   19         records and motor vehicle title records of applicants
   20         for indigent status; requiring clerks to maintain the
   21         results of such reviews with the applications and
   22         provide those results to the court if an applicant
   23         seeks review of the clerk’s determination; providing
   24         construction; amending s. 318.14, F.S.; revising the
   25         minimum civil penalty for noncriminal traffic
   26         infractions; amending s. 322.29, F.S.; requiring the
   27         Department of Highway Safety and Motor Vehicles to
   28         coordinate with the clerks of court to ensure that
   29         their technology systems have the capability to
   30         reinstate driver licenses suspended for failure to pay
   31         court obligations; amending s. 394.459, F.S.;
   32         authorizing clerks of court to seek reimbursement from
   33         the Legislature for habeas corpus petitions under
   34         specified conditions; providing the method to seek
   35         such reimbursement; requiring the corporation to
   36         annually develop and submit to the Governor a budget
   37         request for such reimbursement, not subject to change
   38         by the Justice Administrative Commission, to be
   39         transmitted to the Legislature; amending s. 394.463,
   40         F.S.; authorizing clerks of court to seek
   41         reimbursement from the Legislature for the filing of
   42         orders of involuntary examination under specified
   43         conditions; providing the method to seek such
   44         reimbursement; requiring the corporation to annually
   45         develop and submit to the Governor a budget request
   46         for such reimbursement, not subject to change by the
   47         Justice Administrative Commission, to be transmitted
   48         to the Legislature; amending s. 394.467, F.S.;
   49         authorizing clerks of court to seek reimbursement from
   50         the Legislature for the filing of petitions for
   51         involuntary inpatient placement; providing the method
   52         to seek such reimbursement; requiring the corporation
   53         to annually develop and submit to the Governor a
   54         budget request for such reimbursement, not subject to
   55         change by the Justice Administrative Commission, to be
   56         transmitted to the Legislature; amending s. 394.917,
   57         F.S.; authorizing clerks of court to seek
   58         reimbursement from the Legislature for costs and fees
   59         related to appeals for persons determined to be
   60         sexually violent predators; providing the method to
   61         seek such reimbursement; requiring the corporation to
   62         annually develop and submit to the Governor a budget
   63         request for such reimbursement, not subject to change
   64         by the Justice Administrative Commission, to be
   65         transmitted to the Legislature; amending s. 397.6814,
   66         F.S.; authorizing clerks of court to seek
   67         reimbursement from the Legislature for petitions for
   68         involuntary assessment and stabilization; providing
   69         the method to seek such reimbursement; requiring the
   70         corporation to annually develop and submit to the
   71         Governor a budget request for such reimbursement, not
   72         subject to change by the Justice Administrative
   73         Commission, to be transmitted to the Legislature;
   74         providing an effective date.
   75          
   76  Be It Enacted by the Legislature of the State of Florida:
   77  
   78         Section 1. Paragraph (a) of subsection (1) of section
   79  28.241, Florida Statutes, is amended to read:
   80         28.241 Filing fees for trial and appellate proceedings.—
   81         (1) Filing fees are due at the time a party files a
   82  pleading to initiate a proceeding or files a pleading for
   83  relief. Reopen fees are due at the time a party files a pleading
   84  to reopen a proceeding if at least 90 days have elapsed since
   85  the filing of a final order or final judgment with the clerk. If
   86  a fee is not paid upon the filing of the pleading as required
   87  under this section, the clerk must shall pursue collection of
   88  the fee pursuant to s. 28.246.
   89         (a)1.a. Except as provided in sub-subparagraph b. and
   90  subparagraph 2., the party instituting any civil action, suit,
   91  or proceeding in the circuit court shall pay to the clerk of
   92  that court a filing fee of up to $395 in all cases in which
   93  there are not more than five defendants and an additional filing
   94  fee of up to $2.50, from which the clerk shall remit $0.50 to
   95  the Department of Revenue for deposit into the General Revenue
   96  Fund, for each defendant in excess of five. Of the first $200 in
   97  filing fees, $195 must be remitted to the Department of Revenue
   98  for deposit into the State Courts Revenue Trust Fund, $4 must be
   99  remitted to the Department of Revenue for deposit into the
  100  Administrative Trust Fund within the Department of Financial
  101  Services and used to fund the contract with the Florida Clerks
  102  of Court Operations Corporation created in s. 28.35, and $1 must
  103  be remitted to the Department of Revenue for deposit into the
  104  Administrative Trust Fund within the Department of Financial
  105  Services to fund audits of individual clerks’ court-related
  106  expenditures conducted by the Department of Financial Services.
  107  By the 10th of each month, the clerk shall submit that portion
  108  of the filing fees collected in the previous month which is in
  109  excess of one-twelfth of the clerk’s total budget to the
  110  Department of Revenue for deposit into the Clerks of the Court
  111  Trust Fund.
  112         b. The party instituting any civil action, suit, or
  113  proceeding in the circuit court under chapter 39, chapter 61,
  114  chapter 741, chapter 742, chapter 747, chapter 752, or chapter
  115  753 shall pay to the clerk of that court a filing fee of up to
  116  $295 in all cases in which there are not more than five
  117  defendants and an additional filing fee of up to $2.50 for each
  118  defendant in excess of five. Of the first $100 in filing fees,
  119  $95 must be remitted to the Department of Revenue for deposit
  120  into the State Courts Revenue Trust Fund, $4 must be remitted to
  121  the Department of Revenue for deposit into the Administrative
  122  Trust Fund within the Department of Financial Services and used
  123  to fund the contract with the Florida Clerks of Court Operations
  124  Corporation created in s. 28.35, and $1 must be remitted to the
  125  Department of Revenue for deposit into the Administrative Trust
  126  Fund within the Department of Financial Services to fund audits
  127  of individual clerks’ court-related expenditures conducted by
  128  the Department of Financial Services.
  129         c. An additional filing fee of $4 must shall be paid to the
  130  clerk. The clerk shall remit $3.50 to the Department of Revenue
  131  for deposit into the Court Education Trust Fund and shall remit
  132  50 cents to the Department of Revenue for deposit into the
  133  Administrative Trust Fund within the Department of Financial
  134  Services to fund clerk education provided by the Florida Clerks
  135  of Court Operations Corporation. An additional filing fee of up
  136  to $18 must shall be paid by the party seeking each severance
  137  that is granted, from which the clerk shall remit $3 to the
  138  Department of Revenue for deposit into the General Revenue Fund.
  139  The clerk may impose an additional filing fee of up to $85, from
  140  which the clerk shall remit $10 to the Department of Revenue for
  141  deposit into the General Revenue Fund, for all proceedings of
  142  garnishment, attachment, replevin, and distress. Postal charges
  143  incurred by the clerk of the circuit court in making service by
  144  certified or registered mail on defendants or other parties must
  145  shall be paid by the party at whose instance service is made.
  146  Additional fees, charges, or costs may not be added to the
  147  filing fees imposed under this section, except as authorized in
  148  this section or by general law.
  149         2.a. Notwithstanding the fees prescribed in subparagraph
  150  1., a party instituting a civil action in circuit court relating
  151  to real property or mortgage foreclosure shall pay a graduated
  152  filing fee based on the value of the claim.
  153         b. A party shall estimate in writing the amount in
  154  controversy of the claim upon filing the action. For purposes of
  155  this subparagraph, the value of a mortgage foreclosure action is
  156  based upon the principal due on the note secured by the
  157  mortgage, plus interest owed on the note and any moneys advanced
  158  by the lender for property taxes, insurance, and other advances
  159  secured by the mortgage, at the time of filing the foreclosure.
  160  The value must shall also include the value of any tax
  161  certificates related to the property. In stating the value of a
  162  mortgage foreclosure claim, a party shall declare in writing the
  163  total value of the claim, as well as the individual elements of
  164  the value as prescribed in this sub-subparagraph.
  165         c. In its order providing for the final disposition of the
  166  matter, the court shall identify the actual value of the claim.
  167  The clerk must shall adjust the filing fee if there is a
  168  difference between the estimated amount in controversy and the
  169  actual value of the claim and collect any additional filing fee
  170  owed or provide a refund of excess filing fee paid.
  171         d. The party shall pay a filing fee of:
  172         (I) Three hundred and ninety-five dollars in all cases in
  173  which the value of the claim is $50,000 or less and in which
  174  there are not more than five defendants. The party shall pay an
  175  additional filing fee of up to $2.50 for each defendant in
  176  excess of five. Of the first $200 in filing fees, $195 must be
  177  remitted by the clerk to the Department of Revenue for deposit
  178  into the General Revenue Fund, $4 must be remitted to the
  179  Department of Revenue for deposit into the Administrative Trust
  180  Fund within the Department of Financial Services and used to
  181  fund the contract with the Florida Clerks of Court Operations
  182  Corporation created in s. 28.35, and $1 must be remitted to the
  183  Department of Revenue for deposit into the Administrative Trust
  184  Fund within the Department of Financial Services to fund audits
  185  of individual clerks’ court-related expenditures conducted by
  186  the Department of Financial Services;
  187         (II) Nine hundred dollars in all cases in which the value
  188  of the claim is more than $50,000 but less than $250,000 and in
  189  which there are not more than five defendants. The party shall
  190  pay an additional filing fee of up to $2.50 for each defendant
  191  in excess of five. Of the first $355 $705 in filing fees, $350
  192  $700 must be remitted by the clerk to the Department of Revenue
  193  for deposit into the General Revenue Fund, except that the first
  194  $1.5 million in such filing fees remitted to the Department of
  195  Revenue and deposited into the General Revenue Fund in fiscal
  196  year 2018-2019 shall be distributed to the Miami-Dade County
  197  Clerk of Court; $4 must be remitted to the Department of Revenue
  198  for deposit into the Administrative Trust Fund within the
  199  Department of Financial Services and used to fund the contract
  200  with the Florida Clerks of Court Operations Corporation created
  201  in s. 28.35; and $1 must be remitted to the Department of
  202  Revenue for deposit into the Administrative Trust Fund within
  203  the Department of Financial Services to fund audits of
  204  individual clerks’ court-related expenditures conducted by the
  205  Department of Financial Services; or
  206         (III) One thousand nine hundred dollars in all cases in
  207  which the value of the claim is $250,000 or more and in which
  208  there are not more than five defendants. The party shall pay an
  209  additional filing fee of up to $2.50 for each defendant in
  210  excess of five. Of the first $1,240 $1,705 in filing fees, $465
  211  $930 must be remitted by the clerk to the Department of Revenue
  212  for deposit into the General Revenue Fund, $770 must be remitted
  213  to the Department of Revenue for deposit into the State Courts
  214  Revenue Trust Fund, $4 must be remitted to the Department of
  215  Revenue for deposit into the Administrative Trust Fund within
  216  the Department of Financial Services to fund the contract with
  217  the Florida Clerks of Court Operations Corporation created in s.
  218  28.35, and $1 must be remitted to the Department of Revenue for
  219  deposit into the Administrative Trust Fund within the Department
  220  of Financial Services to fund audits of individual clerks’
  221  court-related expenditures conducted by the Department of
  222  Financial Services.
  223         e. An additional filing fee of $4 shall be paid to the
  224  clerk. The clerk shall remit $3.50 to the Department of Revenue
  225  for deposit into the Court Education Trust Fund and shall remit
  226  50 cents to the Department of Revenue for deposit into the
  227  Administrative Trust Fund within the Department of Financial
  228  Services to fund clerk education provided by the Florida Clerks
  229  of Court Operations Corporation. An additional filing fee of up
  230  to $18 must shall be paid by the party seeking each severance
  231  that is granted. The clerk may impose an additional filing fee
  232  of up to $85 for all proceedings of garnishment, attachment,
  233  replevin, and distress. Postal charges incurred by the clerk of
  234  the circuit court in making service by certified or registered
  235  mail on defendants or other parties must shall be paid by the
  236  party at whose instance service is made. Additional fees,
  237  charges, or costs may not be added to the filing fees imposed
  238  under this section, except as authorized in this section or by
  239  general law.
  240         Section 2. Subsection (4) of section 28.246, Florida
  241  Statutes, is amended to read:
  242         28.246 Payment of court-related fines or other monetary
  243  penalties, fees, charges, and costs; partial payments;
  244  distribution of funds.—
  245         (4)(a) Each clerk of the circuit court shall accept partial
  246  payments for each case type for court-related fees, service
  247  charges, court costs, and fines in accordance with the terms of
  248  an established payment plan developed by the clerk.
  249         (b) An individual seeking to defer payment of fees, service
  250  charges, court costs, or fines imposed by operation of law or
  251  order of the court under any provision of general law shall
  252  apply to the clerk for enrollment in a payment plan. The clerk
  253  shall enter into a payment plan with an individual who the court
  254  determines is indigent for costs. It is the responsibility of an
  255  individual who is released from incarceration and has
  256  outstanding court obligations to contact the clerk within 30
  257  days after release to pay fees, service charges, court costs,
  258  and fines in full, or to apply for enrollment in a payment plan.
  259  A monthly payment amount, calculated based upon all fees and all
  260  anticipated fees, service charges, court costs, and fines, is
  261  presumed to correspond to the person’s ability to pay if the
  262  amount does not exceed 2 percent of the person’s annual net
  263  income, as defined in s. 27.52(1), divided by 12 or $25,
  264  whichever is greater. Any amount required by the clerk as down
  265  payment to initially establish a payment plan may not be more
  266  than 10 percent of the total amount owed or $100, whichever is
  267  less. Such amount does not include the imposition of a per month
  268  service charge pursuant to s. 28.24(27)(b) or the imposition of
  269  a one-time administrative processing service charge each time a
  270  payment plan is established pursuant to s. 28.24(27)(c). The
  271  clerk shall establish all terms of a payment plan, and the court
  272  may review the reasonableness of the payment plan.
  273         Section 3. Paragraph (c) of subsection (2) of section
  274  28.35, Florida Statutes, is amended to read:
  275         28.35 Florida Clerks of Court Operations Corporation.—
  276         (2) The duties of the corporation shall include the
  277  following:
  278         (c)1. Recommending to the Legislature changes in the
  279  amounts and distribution of the various court-related fines,
  280  fees, service charges, and costs established by law to ensure
  281  reasonable and adequate funding of the clerks of the court in
  282  the performance of their court-related functions.
  283         2.Recommending to the Legislature the total cost
  284  associated with clerk support of circuit and county judges
  285  statewide, based on a formula approved by the corporation, for
  286  consideration each year in which the Legislature authorizes the
  287  establishment of new county court judgeships under s. 34.022 or
  288  new circuit court judgeships under s. 26.031.
  289         Section 4. Paragraph (c) of subsection (1) of section
  290  34.041, Florida Statutes, is amended to read:
  291         34.041 Filing fees.—
  292         (1)
  293         (c) A party in addition to a party described in paragraph
  294  (a) who files a pleading in an original civil action in the
  295  county court for affirmative relief by cross-claim,
  296  counterclaim, counterpetition, or third-party complaint, or who
  297  files a notice of cross-appeal or notice of joinder or motion to
  298  intervene as an appellant, cross-appellant, or petitioner, shall
  299  pay the clerk of court a fee of $295 if the relief sought by the
  300  party under this paragraph exceeds $2,500 but is not more than
  301  $15,000 and $395 if the relief sought by the party under this
  302  paragraph exceeds $15,000. The clerk shall deposit remit the
  303  fee, if the relief sought by the party under this paragraph
  304  exceeds $2,500 but is not more than $15,000, to the Department
  305  of Revenue for deposit into the fine and forfeiture fund
  306  established pursuant to s. 142.01 General Revenue Fund. This fee
  307  does not apply if the cross-claim, counterclaim,
  308  counterpetition, or third-party complaint requires transfer of
  309  the case from county to circuit court. However, the party shall
  310  pay to the clerk the standard filing fee for the court to which
  311  the case is to be transferred.
  312         Section 5. Paragraphs (a) and (d) of subsection (2) of
  313  section 57.082, Florida Statutes, are amended to read:
  314         57.082 Determination of civil indigent status.—
  315         (2) DETERMINATION BY THE CLERK.—The clerk of the court
  316  shall determine whether an applicant seeking such designation is
  317  indigent based upon the information provided in the application
  318  and the criteria prescribed in this subsection.
  319         (a)1. An applicant, including an applicant who is a minor
  320  or an adult tax-dependent person, is indigent if the applicant’s
  321  income is equal to or below 200 percent of the then-current
  322  federal poverty guidelines prescribed for the size of the
  323  household of the applicant by the United States Department of
  324  Health and Human Services.
  325         2. There is a presumption that the applicant is not
  326  indigent if the applicant owns, or has equity in, any intangible
  327  or tangible personal property or real property or the expectancy
  328  of an interest in any such property having a net equity value of
  329  $2,500 or more, excluding the value of the person’s homestead
  330  and one vehicle having a net value not exceeding $5,000.
  331         3.Notwithstanding the information provided by the
  332  applicant, the clerk may conduct a review of the property
  333  records for the county in which the applicant resides and the
  334  motor vehicle title records of this state to identify any
  335  property interests of the applicant under this paragraph. The
  336  clerk may evaluate and consider the results of the review in
  337  making a determination under this subsection. If a review is
  338  conducted, the clerk must maintain the results of the review in
  339  a file with the application and provide the file to the court if
  340  an applicant seeks review under subsection (4) of the clerk’s
  341  determination of indigent status.
  342         (d) The duty of the clerk in determining whether an
  343  applicant is indigent is limited to receiving the application
  344  and comparing the information provided in the application to the
  345  criteria prescribed in this subsection. The determination of
  346  indigent status is a ministerial act of the clerk and not a
  347  decision may not be based on further investigation, other than
  348  the review authorized under this subsection, or the exercise of
  349  independent judgment by the clerk. The clerk may contract with
  350  third parties to perform functions assigned to the clerk under
  351  this section.
  352         Section 6. Subsection (5) of section 318.14, Florida
  353  Statutes, is amended to read:
  354         318.14 Noncriminal traffic infractions; exception;
  355  procedures.—
  356         (5) Any person electing to appear before the designated
  357  official or who is required so to appear is shall be deemed to
  358  have waived his or her right to the civil penalty provisions of
  359  s. 318.18. The official, after a hearing, shall make a
  360  determination as to whether an infraction has been committed. If
  361  the commission of an infraction has been proven, the official
  362  may impose a civil penalty not to exceed $500, but no less than
  363  the amount of the civil penalty provisions of s. 318.18, except
  364  that in cases involving unlawful speed in a school zone or
  365  involving unlawful speed in a construction zone, the civil
  366  penalty may not exceed $1,000; or require attendance at a driver
  367  improvement school, or both. If the person is required to appear
  368  before the designated official pursuant to s. 318.19(1) and is
  369  found to have committed the infraction, the designated official
  370  must shall impose a civil penalty of $1,000 in addition to any
  371  other penalties and the person’s driver license shall be
  372  suspended for 6 months. If the person is required to appear
  373  before the designated official pursuant to s. 318.19(2) and is
  374  found to have committed the infraction, the designated official
  375  must shall impose a civil penalty of $500 in addition to any
  376  other penalties and the person’s driver license shall be
  377  suspended for 3 months. If the official determines that no
  378  infraction has been committed, no costs or penalties shall be
  379  imposed and any costs or penalties that have been paid shall be
  380  returned. Moneys received from the mandatory civil penalties
  381  imposed pursuant to this subsection upon persons required to
  382  appear before a designated official pursuant to s. 318.19(1) or
  383  (2) must shall be remitted to the Department of Revenue and
  384  deposited into the Department of Health Emergency Medical
  385  Services Trust Fund to provide financial support to certified
  386  trauma centers to assure the availability and accessibility of
  387  trauma services throughout this the state. Funds deposited into
  388  the Emergency Medical Services Trust Fund under this section
  389  shall be allocated as follows:
  390         (a) Fifty percent shall be allocated equally among all
  391  Level I, Level II, and pediatric trauma centers in recognition
  392  of readiness costs for maintaining trauma services.
  393         (b) Fifty percent shall be allocated among Level I, Level
  394  II, and pediatric trauma centers based on each center’s relative
  395  volume of trauma cases as calculated using the hospital
  396  discharge data collected pursuant to s. 408.061.
  397         Section 7. Subsection (2) of section 322.29, Florida
  398  Statutes, is amended, and subsection (3) is added to that
  399  section, to read:
  400         322.29 Surrender and return of license.—
  401         (2) Notwithstanding subsection (1), an examination is not
  402  required for the return of a license suspended under s. 318.15
  403  or s. 322.245 unless an examination is otherwise required by
  404  this chapter. A person applying for the return of a license
  405  suspended under s. 318.15 or s. 322.245 shall must present to
  406  the department certification from the court that he or she has
  407  complied with all obligations and penalties imposed pursuant to
  408  s. 318.15 or, in the case of a suspension pursuant to s.
  409  322.245, that he or she has complied with all directives of the
  410  court and the requirements of s. 322.245 and shall pay to the
  411  department a nonrefundable service fee of $60, of which $37.50
  412  must shall be deposited into the General Revenue Fund and $22.50
  413  must shall be deposited into the Highway Safety Operating Trust
  414  Fund. If reinstated by the clerk of the court or tax collector,
  415  $37.50 must shall be retained and $22.50 must shall be remitted
  416  to the Department of Revenue for deposit into the Highway Safety
  417  Operating Trust Fund. However, the service fee is not required
  418  if the person is required to pay a $45 fee or $75 fee under s.
  419  322.21(8).
  420         (3)The department shall coordinate with the clerks of
  421  court, through their association, to ensure the capability
  422  within their technology systems for clerks of court to reinstate
  423  suspended driver licenses for failure to pay court obligations.
  424         Section 8. Paragraph (d) of subsection (8) of section
  425  394.459, Florida Statutes, is amended to read:
  426         394.459 Rights of patients.—
  427         (8) HABEAS CORPUS.—
  428         (d) A No fee may not shall be charged for the filing of a
  429  petition under this subsection. However, subject to legislative
  430  appropriation, the clerk of the circuit court may, on a
  431  quarterly basis, submit to the Justice Administrative Commission
  432  a certified request for reimbursement for petitions under this
  433  subsection, at the rate of $40 per petition. The request for
  434  reimbursement must be submitted in the form and manner
  435  prescribed by the Justice Administrative Commission.
  436  Additionally, the Clerks of the Court Operations Corporation
  437  shall develop on an annual basis a budget request for the
  438  anticipated amount necessary for reimbursement. The request is
  439  not subject to change by the Justice Administrative Commission,
  440  and it shall be submitted to the Governor for transmittal to the
  441  Legislature.
  442         Section 9. Paragraph (a) of subsection (2) of section
  443  394.463, Florida Statutes, is amended to read:
  444         394.463 Involuntary examination.—
  445         (2) INVOLUNTARY EXAMINATION.—
  446         (a) An involuntary examination may be initiated by any one
  447  of the following means:
  448         1. A circuit or county court may enter an ex parte order
  449  stating that a person appears to meet the criteria for
  450  involuntary examination and specifying the findings on which
  451  that conclusion is based. The ex parte order for involuntary
  452  examination must be based on written or oral sworn testimony
  453  that includes specific facts that support the findings. If other
  454  less restrictive means are not available, such as voluntary
  455  appearance for outpatient evaluation, a law enforcement officer,
  456  or other designated agent of the court, shall take the person
  457  into custody and deliver him or her to an appropriate, or the
  458  nearest, facility within the designated receiving system
  459  pursuant to s. 394.462 for involuntary examination. The order of
  460  the court shall be made a part of the patient’s clinical record.
  461  A fee may not be charged for the filing of an order under this
  462  subsection. However, subject to legislative appropriation, the
  463  clerk of the circuit court may, on a quarterly basis, submit to
  464  the Justice Administrative Commission a certified request for
  465  reimbursement for orders under this subsection, at the rate of
  466  $40 per order. The request for reimbursement must be submitted
  467  in the form and manner prescribed by the Justice Administrative
  468  Commission. Additionally, the Clerks of the Court Operations
  469  Corporation shall develop on an annual basis a budget request
  470  for the anticipated amount necessary for reimbursement. The
  471  request is not subject to change by the Justice Administrative
  472  Commission, and it shall be submitted to the Governor for
  473  transmittal to the Legislature. A facility accepting the patient
  474  based on this order must send a copy of the order to the
  475  department within 5 working days. The order may be submitted
  476  electronically through existing data systems, if available. The
  477  order shall be valid only until the person is delivered to the
  478  facility or for the period specified in the order itself,
  479  whichever comes first. If a time limit is not specified in the
  480  order, the order is valid for 7 days after the date that the
  481  order was signed.
  482         2. A law enforcement officer shall take a person who
  483  appears to meet the criteria for involuntary examination into
  484  custody and deliver the person or have him or her delivered to
  485  an appropriate, or the nearest, facility within the designated
  486  receiving system pursuant to s. 394.462 for examination. The
  487  officer shall execute a written report detailing the
  488  circumstances under which the person was taken into custody,
  489  which must be made a part of the patient’s clinical record. Any
  490  facility accepting the patient based on this report must send a
  491  copy of the report to the department within 5 working days.
  492         3. A physician, a physician assistant, a clinical
  493  psychologist, a psychiatric nurse, an advanced practice
  494  registered nurse registered under s. 464.0123, a mental health
  495  counselor, a marriage and family therapist, or a clinical social
  496  worker may execute a certificate stating that he or she has
  497  examined a person within the preceding 48 hours and finds that
  498  the person appears to meet the criteria for involuntary
  499  examination and stating the observations upon which that
  500  conclusion is based. If other less restrictive means, such as
  501  voluntary appearance for outpatient evaluation, are not
  502  available, a law enforcement officer shall take into custody the
  503  person named in the certificate and deliver him or her to the
  504  appropriate, or nearest, facility within the designated
  505  receiving system pursuant to s. 394.462 for involuntary
  506  examination. The law enforcement officer shall execute a written
  507  report detailing the circumstances under which the person was
  508  taken into custody. The report and certificate shall be made a
  509  part of the patient’s clinical record. Any facility accepting
  510  the patient based on this certificate must send a copy of the
  511  certificate to the department within 5 working days. The
  512  document may be submitted electronically through existing data
  513  systems, if applicable.
  514  
  515  When sending the order, report, or certificate to the
  516  department, a facility shall, at a minimum, provide information
  517  about which action was taken regarding the patient under
  518  paragraph (g), which information shall also be made a part of
  519  the patient’s clinical record.
  520         Section 10. Subsection (3) of section 394.467, Florida
  521  Statutes, is amended to read:
  522         394.467 Involuntary inpatient placement.—
  523         (3) PETITION FOR INVOLUNTARY INPATIENT PLACEMENT.—The
  524  administrator of the facility shall file a petition for
  525  involuntary inpatient placement in the court in the county where
  526  the patient is located. Upon filing, the clerk of the court
  527  shall provide copies to the department, the patient, the
  528  patient’s guardian or representative, and the state attorney and
  529  public defender of the judicial circuit in which the patient is
  530  located. A fee may not be charged for the filing of a petition
  531  under this subsection. However, subject to legislative
  532  appropriation, the clerk of the circuit court may, on a
  533  quarterly basis, submit to the Justice Administrative Commission
  534  a certified request for reimbursement for petitions under this
  535  subsection, at the rate of $40 per petition. The request for
  536  reimbursement must be submitted in the form and manner
  537  prescribed by the Justice Administrative Commission.
  538  Additionally, the Clerks of the Court Operations Corporation
  539  shall develop on an annual basis a budget request for the
  540  anticipated amount necessary for reimbursement. The request is
  541  not subject to change by the Justice Administrative Commission,
  542  and it shall be submitted to the Governor for transmittal to the
  543  Legislature.
  544         Section 11. Subsection (3) of section 394.917, Florida
  545  Statutes, is amended to read:
  546         394.917 Determination; commitment procedure; mistrials;
  547  housing; counsel and costs in indigent appellate cases.—
  548         (3) The public defender of the circuit in which a person
  549  was determined to be a sexually violent predator shall be
  550  appointed to represent the person on appeal. That public
  551  defender may request the public defender who handles criminal
  552  appeals for the circuit to represent the person on appeal in the
  553  manner provided in s. 27.51(4). If the public defender is unable
  554  to represent the person on appeal due to a conflict, the court
  555  shall appoint other counsel, who shall be compensated at a rate
  556  not less than that provided for appointed counsel in criminal
  557  cases. Filing fees for indigent appeals under this act are
  558  waived. Costs and fees related to such appeals, including the
  559  amounts paid for records, transcripts, and compensation of
  560  appointed counsel, shall be authorized by the trial court and
  561  paid from state funds that are appropriated for such purposes.
  562  However, subject to legislative appropriation, the clerk of the
  563  circuit court may, on a quarterly basis, submit to the Justice
  564  Administrative Commission a certified request for reimbursement
  565  for petitions under this subsection, at the rate of $40 per
  566  petition. The request for reimbursement must be submitted in the
  567  form and manner prescribed by the Justice Administrative
  568  Commission. Additionally, the Clerks of the Court Operations
  569  Corporation shall develop on an annual basis a budget request
  570  for the anticipated amount necessary for reimbursement. The
  571  request is not subject to change by the Justice Administrative
  572  Commission, and it shall be submitted to the Governor for
  573  transmittal to the Legislature.
  574         Section 12. Section 397.6814, Florida Statutes, is amended
  575  to read:
  576         397.6814 Involuntary assessment and stabilization; contents
  577  of petition.—A petition for involuntary assessment and
  578  stabilization must contain the name of the respondent, the name
  579  of the applicant or applicants, the relationship between the
  580  respondent and the applicant, and the name of the respondent’s
  581  attorney, if known, and must state facts to support the need for
  582  involuntary assessment and stabilization, including:
  583         (1) The reason for the petitioner’s belief that the
  584  respondent is substance abuse impaired;
  585         (2) The reason for the petitioner’s belief that because of
  586  such impairment the respondent has lost the power of self
  587  control with respect to substance abuse; and
  588         (3)(a) The reason the petitioner believes that the
  589  respondent has inflicted or is likely to inflict physical harm
  590  on himself or herself or others unless admitted; or
  591         (b) The reason the petitioner believes that the
  592  respondent’s refusal to voluntarily receive care is based on
  593  judgment so impaired by reason of substance abuse that the
  594  respondent is incapable of appreciating his or her need for care
  595  and of making a rational decision regarding that need for care.
  596  If the respondent has refused to submit to an assessment, such
  597  refusal must be alleged in the petition.
  598  
  599  A fee may not be charged for the filing of a petition pursuant
  600  to this section. However, subject to legislative appropriation,
  601  the clerk of the circuit court may, on a quarterly basis, submit
  602  to the Justice Administrative Commission a certified request for
  603  reimbursement for petitions under this section, at the rate of
  604  $40 per petition. The request for reimbursement must be
  605  submitted in the form and manner prescribed by the Justice
  606  Administrative Commission. Additionally, the Clerks of the Court
  607  Operations Corporation shall develop on an annual basis a budget
  608  request for the anticipated amount necessary for reimbursement.
  609  The request is not subject to change by the Justice
  610  Administrative Commission, and it shall be submitted to the
  611  Governor for transmittal to the Legislature.
  612         Section 13. This act shall take effect July 1, 2022.