The Florida Senate

¹40.29  Clerks to estimate amount for pay of jurors and witnesses and make requisition.--

¹(1)  The clerk of the court in and for any county shall make an estimate of the amount necessary during any quarterly fiscal period beginning July 1 and during each succeeding quarterly fiscal period for the payment by the state of:

(a)  Jurors in the circuit court and the county court;

(b)  Witnesses before the grand jury;

(c)  Witnesses summoned to appear for an investigation, preliminary hearing, or trial in a criminal case when the witnesses are summoned by a state attorney or on behalf of an indigent defendant;

(d)  Mental health professionals who are appointed pursuant to s. 394.473 and required in a court hearing involving an indigent; and

(e)  Expert witnesses who are appointed pursuant to s. 916.115(2) and required in a court hearing involving an indigent;

and shall forward each such estimate to the State Courts Administrator no later than the date scheduled by the State Courts Administrator. At the time of any forwarding of such estimate, the clerk of such court shall make a requisition upon the State Courts Administrator for the amount of such estimate; and the State Courts Administrator may reduce the amount if in his or her judgment the requisition is excessive.

(2)  The provisions of chapter 82-176, Laws of Florida, shall take effect July 1, 1982, except that those provisions which provide for the state assumption of witness fees which are currently paid by the counties shall take effect on a date determined by the appropriation of funds for this purpose.

History.--s. 1, ch. 4121, 1893; GS 1591; s. 1, ch. 7262, 1917; RGS 2793; CGL 4479; s. 1, ch. 65-483; s. 2, ch. 68-7; s. 6, ch. 69-353; s. 9, ch. 73-334; s. 12, ch. 79-235; ss. 2, 7, ch. 82-176; s. 252, ch. 95-147; s. 17, ch. 95-312; s. 1, ch. 98-92; s. 62, ch. 2003-402.

¹Note.--Section 62, ch. 2003-402, amended the catchline and subsection (1), effective July 1, 2004, to read:

40.29  Clerks to make estimates and requisitions for certain due process costs.--

(1)  The clerk of the court in and for any county shall make an estimate of the amount necessary during any quarterly fiscal period beginning July 1 and during each succeeding quarterly fiscal period for the payment by the state of juror compensation and expenses; court reporter, interpreter, and translator services; witnesses, including expert witnesses; mental health professionals; and private court-appointed counsel, each in accordance with the applicable requirements of ss. 29.005, 29.006, and 29.007 The clerk of such court shall forward each such estimate to the Justice Administrative Commission no later than the date scheduled by the Justice Administrative Commission. At the time of any forwarding of such estimate, the clerk of such court shall make a requisition upon the Justice Administrative Commission for the amount of such estimate; and the Justice Administrative Commission may reduce the amount upon finding that the costs are unreasonable, inconsistent with applicable contractual terms, or inconsistent with compensation standards established by general law.