October 22, 2020
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_h1935__
HB 1935

1
A bill to be entitled
2An act relating to the state judicial system; amending s.
327.40, F.S., relating to circuit registries for court-
4appointed counsel; requiring that an attorney enter into a
5contract to be included on the registry; revising
6requirements for private court-appointed counsel;
7requiring the Justice Administrative Commission to approve
8uniform procedures and forms for use in billing for
9attorney's fees, costs, and related expenses; requiring
10that a withdrawal order be filed with the commission;
11revising fee payment provisions; providing that withdrawal
12from a case creates a rebuttable presumption of
13nonentitlement to the entire flat fee; amending s. 27.42,
14F.S.; requiring the circuit Article V indigent services
15committee to establish the compensation rates for court-
16appointed counsel or in cases of indigency; requiring each
17committee to establish a schedule of allowances for due-
18process expenses; authorizing alternate models for
19providing criminal and civil due-process representation;
20amending s. 27.52, F.S., relating to the determination of
21indigent status; providing for application to the clerk of
22court for such a determination and appointment of a public
23defender; providing application requirements; requiring an
24application fee; providing for transfer and deposit of
25such fees into the Indigent Criminal Defense Trust Fund to
26be used for certain purposes; authorizing clerks of courts
27to retain a portion of the fees for certain purposes;
28prescribing duties of the clerk of court and the public
29defender relating to an application; prescribing
30application requirements and review criteria; providing
31for determinations by a clerk on the basis of an
32applicant's indigency; providing criteria; providing for
33appointment of counsel on an interim basis; providing for
34review by the court of a clerk's determination; providing
35criteria; authorizing the court to determine a person
36indigent for costs and eligible for payment of due-process
37expenses; providing criteria and requirements for such
38determination; requiring certain parents or legal
39guardians to furnish legal services and costs to certain
40persons relating to delinquency proceedings or criminal
41prosecutions; providing for imposition of a lien for
42certain liabilities and lien enforcement; providing for a
43reevaluation of indigent status and referral to the state
44attorney upon evidence of financial discrepancies or
45fraud; providing for recovery and disposition of certain
46amounts recovered; providing criminal penalties for the
47provision of false information; amending s. 27.5304, F.S.;
48authorizing the Justice Administrative Commission to pay
49attorney's fees without court approval under certain
50conditions; requiring the attorney to provide the
51commission with advance notice of a court hearing on
52payment of fees and costs; authorizing the commission to
53participate in such hearings using certain equipment;
54entitling private court-appointed counsel to compensation
55upon final disposition; providing exceptions; specifying
56intervals other than final disposition of a case at which
57private court-appointed counsel may request payment;
58removing a reference to the Article V Indigent services
59Advisory Board; clarifying a prohibition against allowing
60an attorney who is not on the registry to appear;
61restricting the reimbursement allowed for the preparation
62of invoices; amending s. 27.54, F.S.; requiring a county
63or municipality to pay certain costs for due-process
64services in local ordinance violation cases; prescribing
65assessment of fees to recover such costs; providing for
66determination and collection of such fees; amending s.
6728.24, F.S.; requiring the clerk of the court to charge
68for certain recording services and performing certain
69duties; requiring the clerk of the court to provide
70without charge copies to court-appointed counsel paid by
71the state; requiring clerks of the court to participate in
72the Comprehensive Case Information System by a certain
73date; providing an exception to the designation of the
74clerk of court as custodian of official records; amending
75s. 28.2402, F.S.; prohibiting a county or municipality
76from being required to pay more than one filing fee for a
77single filing containing multiple allegations; prohibiting
78a filing fee for initiating certain enforcement
79proceedings; amending s. 28.245, F.S.; requiring the
80clerks of the court to remit collections to the Department
81of Revenue within a specified period; amending s. 28.246,
82F.S.; conforming a reference to the Florida Clerks of
83Court Operations Corporation; revising provisions
84authorizing an individual to enter into a payment plan for
85the payment of fees, costs, or fines; requiring the clerk
86to enter into a payment plan with certain persons;
87providing payment plan criteria; providing for the court
88to review the payment plan; amending s. 28.345, F.S.;
89exempting certain court staff and court-appointed counsel
90from the payment of fees and charges assessed by the clerk
91of the circuit court; amending s. 28.36, F.S.; requiring
92the chief judge of each circuit to coordinate court-
93related functions and determine the priorities of
94functions of the clerk of court; revising the date for the
95county clerk to submit a proposed budget; conforming a
96reference to the Florida Clerks of Court Operations
97Corporation; conforming a cross reference; conforming a
98reference to the Chief Financial Officer; authorizing the
99corporation to approve additional funding and adjust a
100clerk's budget under prescribed conditions; creating s.
10128.44, F.S.; providing a method by which the clerk of
102court may discontinue or substantially modify court-
103related functions; providing a definition; creating s.
10428.45, F.S.; providing for absence of responsibility of
105the clerk to repay specified costs; amending s. 29.004,
106F.S.; providing for state appropriations to be used for
107expert witnesses who are appointed by the court rather
108than requested by any party; amending s. 29.005, F.S.;
109deleting certain appointed mental health professionals
110from elements of state attorneys' offices provided from
111state revenues; amending s. 29.007, F.S.; providing for
112state funds to be used in providing mental health
113professionals in certain civil cases; clarifying the use
114of state funds at the trial or appellate level to pay
115certain costs on behalf of a litigant who is indigent;
116amending s. 29.008, F.S.; requiring that the county where
117the appellate district is located fund the appellate
118division of the public defender's office; expanding the
119definition of the term "facility" to include items
120necessary for court-reporting services; narrowing a
121limitation on the application of certain requirements to
122specified facilities; including hearing rooms within those
123facilities funded by the county as a court-related
124function; including audio equipment within county-funded
125communications services; amending s. 29.015, F.S.;
126requiring the Justice Administrative Commission to adjust
127certain allocations of funds among circuits under certain
128circumstances; requiring notice of such adjustment;
129requiring the commission to request a budget amendment
130under certain circumstances to address budget deficits
131relating to due-process services; amending s. 29.018,
132F.S.; eliminating the authority for court-appointed
133counsel to contract to share in court and due-process
134services; providing that the Justice Administrative
135Commission may contract for such cost-sharing on behalf of
136court-appointed counsel; creating s. 29.0185, F.S.;
137limiting provision of state-funded due-process services to
138individuals under certain circumstances; amending s.
13934.045, F.S.; proscribing a county or municipality from
140being required to pay more than one filing fee for a
141single filing containing multiple allegations; prohibiting
142assessment of a filing fee for initiating certain
143enforcement proceedings in county court; expanding
144conditions under which the county or municipality is the
145prevailing party; requiring an assessment of a filing fee;
146amending s. 34.191, F.S.; excluding certain counties
147having a consolidated government from the term
148municipality; amending s. 39.0132, F.S.; authorizing the
149Justice Administrative Commission to inspect certain court
150dockets; authorizing the commission to petition the court
151for certain additional documentation; amending s. 39.821,
152F.S.; requiring the Guardian Ad Litem Program rather than
153the chief judge to request the federal criminal records
154check for purposes of certifying guardians ad litem;
155amending s. 39.822, F.S.; directing agencies, persons, and
156other organizations to provide a guardian ad litem access
157to certain records related to the best interests of a
158child; providing a definition; amending s. 40.29, F.S.;
159revising procedures for the payments made by the state to
160the clerk of the court for the costs of witnesses;
161creating s. 40.355, F.S.; requiring the clerk of the court
162to report on, and refund to the state attorneys and public
163defenders, certain moneys collected for payment of jurors
164and due-process costs; amending s. 43.16, F.S.; providing
165that the Justice Administrative Commission is not subject
166to the Administrative Procedure Act; amending s. 43.26,
167F.S.; providing responsibilities of the chief judge of
168each circuit; amending s. 44.102, F.S.; revising
169conditions under which nonvolunteer court mediators may be
170compensated by the county or parties; amending s. 44.108,
171F.S.; clarifying the fees charged for scheduled mediation
172services provided by a circuit court's mediation program;
173requiring the clerk of the court to report to the chief
174judge the amount of such fees collected; creating s.
17557.082, F.S., relating to the determination of civil
176indigent status; providing for application to the clerk of
177court for such a determination and appointment of a
178private attorney in certain civil cases; providing
179application requirements; prescribing duties of the clerk
180of court relating to an application; prescribing
181application requirements and review criteria; providing
182for determinations by a clerk of the basis of an
183applicant's indigency; providing criteria; providing for
184appointment of counsel on an interim basis; providing for
185review by the court of a clerk's determination; providing
186criteria; authorizing a court to determine a person
187indigent and eligible for appointed counsel; providing
188criteria and requirements for such determination;
189requiring persons determined to be indigent for civil
190proceedings to be enrolled in a payment plan and charged
191an administrative processing charge; providing plan
192criteria; providing for a reevaluation of indigent status
193and referral to the state attorney upon evidence of
194financial discrepancies or fraud; providing for recovery
195and disposition of certain amounts recovered; providing
196criminal penalties for the provision of false information;
197amending s. 92.142, F.S.; deleting a provision that
198provides for payment of per diem and travel expenses for a
199witness in a criminal case at the discretion of the court;
200amending s. 92.231, F.S.; removing a reference to the
201Article V Indigent Services Advisory Board; amending s.
202116.01, F.S.; providing procedures for the clerk of the
203court to remit funds to the Department of Revenue;
204amending s. 119.07, F.S.; extending the time period during
205which certain social security numbers and other data
206included in court or official county records may be
207available for public inspection unless redaction is
208requested; extending the deadline by which court clerks
209and county recorders must keep such data confidential;
210amending s. 142.01, F.S.; clarifying those moneys to be
211included within the fine and forfeiture fund of the clerk
212of the circuit court; amending s. 213.13, F.S.; requiring
213that the court-related collections remitted by the clerk
214to the state be transmitted electronically within a
215specified period; amending s. 219.07, F.S.; revising
216disbursement requirements for the clerk as part of his or
217her court-related functions; amending s. 219.075, F.S.;
218exempting funds collected by the clerk from the
219requirements for the investment of surplus funds of a
220county; amending s. 318.121, F.S.; specifying that certain
221surcharges may not be added to civil traffic penalties;
222amending s. 318.18, F.S.; requiring the clerk of the court
223to quarterly report the amount of certain surcharges
224collected to the chief judge, the Governor, and the
225Legislature; amending s. 318.21, F.S.; providing for the
226disposition of traffic-infraction penalties for violations
227occurring in unincorporated areas of certain counties
228having a consolidated government or unincorporated areas
229of certain municipalities having a consolidated
230government; amending s. 318.31, F.S.; deleting provisions
231concerning the appointment of a civil traffic infraction
232hearing officer; amending s. 318.325, F.S.; deleting
233provisions specifying the funding of such hearing officer;
234amending s. 322.29, F.S.; increasing the fees charged for
235reinstating a driver's license; amending s. 372.72, F.S.;
236requiring that the proceeds from unclaimed bonds be
237deposited into the clerk's fine and forfeiture fund;
238amending s. 903.26, F.S.; revising the procedure for
239determining the amount of the costs incurred in returning
240a defendant to the county of jurisdiction; amending s.
241903.28, F.S.; revising certain notice requirements
242following the surrender or apprehension of a defendant for
243purposes of remission of a forfeiture; providing that the
244clerk is the real party in interest for all appeals
245arising from such an action; amending s. 916.115, F.S.;
246revising requirements for the payment of experts;
247specifying which fees are to be paid by the state, the
248office of the public defender, the office of the state
249attorney, or the Justice Administrative Commission;
250amending s. 916.12, F.S.; revising the procedures under
251which the court may take action following a finding that
252the defendant is incompetent to proceed; requiring
253evaluation of a defendant; providing criteria; authorizing
254a court to commit a defendant or take other action under
255certain circumstances; amending s. 916.301, F.S.;
256requiring the court to pay for certain expert witnesses
257appointed by the court; amending s. 938.29, F.S.;
258providing for a judgment lien for the payment of certain
259attorney's fees to be filed without cost; amending s.
260939.06, F.S.; clarifying that an acquitted defendant is
261not liable for certain costs or fees; providing a
262procedure for such a defendant to request a refund from
263the Justice Administrative Commission of costs or fees
264paid; amending s. 985.05, F.S.; authorizing the Justice
265Administrative Commission to have access to certain court
266records; requiring the party calling a witness in traffic
267court to bear the costs; requiring the office of the state
268attorney to pay such costs if the witness is required to
269testify on behalf of the prosecution; authorizing the
270trial court administrator to recover expenditures for
271state-funded services if those services were furnished to
272a user possessing the ability to pay; providing for
273deposit of such funds; authorizing the trial court
274administrator to recover certain costs under certain
275circumstances; requiring the chief judge to determine the
276rate, which may not exceed the cost of the service and
277recovery; providing legislative intent; repealing s.
27829.014, F.S., relating to the Article V Indigent Service
279Advisory Board; repealing s. 318.37, F.S., relating to
280funding for a Civil Traffic Infraction Hearing Officer
281Program; providing an effective date.
282
283Be It Enacted by the Legislature of the State of Florida:
284
285     Section 1.  Subsections (2), (3), (5), and (7) of section
28627.40, Florida Statutes, are amended to read:
287     27.40  Court-appointed counsel; circuit registries; minimum
288requirements; appointment by court.--
289     (2)  No later than October 1, 2004, Private counsel
290appointed by the court to provide representation shall be
291selected from a registry established by the circuit Article V
292indigent services committee or procured through a competitive
293bidding process.
294     (3)  In utilizing a registry:
295     (a)  Each circuit Article V indigent services committee
296shall compile and maintain a list of attorneys in private
297practice, by county and by category of cases. To be included on
298a registry, attorneys shall certify that they meet any minimum
299requirements established in general law for court appointment,
300are available to represent indigent defendants in cases
301requiring court appointment of private counsel, and are willing
302to abide by the terms of the contract for services. To be
303included on a registry, an attorney also must enter into a
304contract for services with the Justice Administrative
305Commission. Failure to comply with the terms of the contract for
306services may result in termination of the contract and removal
307from the registry. Each attorney on the registry shall be
308responsible for notifying the circuit Article V indigent
309services committee of any change in his or her status. Failure
310to comply with this requirement shall be cause for termination
311of the contract for services and removal from the registry until
312the requirement is fulfilled.
313     (b)  The court shall appoint attorneys in rotating order in
314the order in which names appear on the applicable registry,
315unless the court makes a finding of good cause on the record for
316appointing an attorney out of order. An attorney not appointed
317in the order in which his or her name appears on the list shall
318remain next in order.
319     (c)  If it finds the number of attorneys on the registry in
320a county or circuit for a particular category of cases is
321inadequate, the circuit Article V indigent services committee
322shall notify the chief judge of the particular circuit in
323writing. The chief judge shall submit the names of at least
324three private attorneys with relevant experience. The clerk of
325court shall send an application to each of these attorneys to
326register for appointment.
327     (d)  Quarterly, beginning no later than October 1, 2004,
328each circuit Article V indigent services committee shall provide
329the Chief Justice of the Supreme Court, the chief judge, the
330state attorney and public defender in each judicial circuit, and
331the clerk of court in each county with a current copy of each
332registry. The copy of a registry shall identify the race, sex,
333and ethnicity of each attorney listed in the registry.
334     (5)  The Justice Administrative Commission shall approve
335uniform contract forms for use in procuring the services of
336private court-appointed counsel and uniform procedures and forms
337for use by a court-appointed attorney in support of billing for
338attorney's fees, costs, and related expenses to demonstrate the
339attorney's completion of specified duties.
340     (7)(a)  An attorney appointed to represent a defendant or
341other client is entitled to payment pursuant to s. 27.5304, only
342upon full performance by the attorney of specified duties,
343approval of payment by the court, except for payment based on a
344flat fee per case as provided in s. 27.5304; and attorney
345submission of a payment request to the Justice Administrative
346Commission. Upon being permitted to withdraw from a case, a
347court-appointed attorney shall submit a copy of the order to the
348Justice Administrative Commission at the time it is issued by
349the court. If an attorney is permitted to withdraw or is
350otherwise removed from representation prior to full performance
351of the duties specified in this section for reasons other than
352breach of duty, the trial court shall approve payment of
353attorney's fees and costs for work performed in an amount not to
354exceed the amounts specified in s. 27.5304. Withdrawal from a
355case prior to full performance of the duties specified shall
356create a rebuttable presumption that the attorney is not
357entitled to the entire flat fee for those cases paid on a flat-
358fee-per-case basis.
359     (b)  The attorney shall maintain appropriate documentation,
360including a current and detailed hourly accounting of time spent
361representing the defendant or other client.
362     Section 2.  Section 27.42, Florida Statutes, is amended to
363read:
364     27.42  Circuit Article V indigent services committees;
365composition; staff; responsibilities; funding.--
366     (1)  In each judicial circuit a circuit Article V indigent
367services committee shall be established. The committee shall
368consist of the following:
369     (a)  The chief judge of the judicial circuit or the chief
370judge's designee, who shall serve as the chair.
371     (b)  The public defender of the judicial circuit, or
372designee from within the office of the public defender.
373     (c)  One experienced private criminal defense attorney
374appointed by the chief judge to serve a 2-year term. During the
3752-year term, the attorney is prohibited from serving as court-
376appointed counsel.
377     (d)  One experienced civil trial attorney appointed by the
378chief judge, to serve a 2-year term. During the 2-year term, the
379attorney is prohibited from serving as court-appointed counsel.
380     (2)(a)  The responsibility of the circuit Article V
381indigent services committee is to manage the appointment and
382compensation of court-appointed counsel within a circuit
383pursuant to ss. 27.40 and 27.5303. The committee shall also set
384the compensation rates of due-process service providers in cases
385where the court has appointed counsel or declared a person
386indigent for costs, not to exceed any rates specified in the
387General Appropriations Act such that the total amount expended
388does not exceed the amount budgeted in the General
389Appropriations Act for the particular due process service. The
390circuit Article V indigent services committee shall meet at
391least quarterly.
392     (b)  No later than October 1, 2004, Each circuit Article V
393indigent services committee shall maintain a registry pursuant
394to s. 27.40, even when procuring counsel through a competitive
395bidding process. However, if counsel is procured through a
396competitive bidding process, the registry shall be used only
397when counsel obtained through that process is unable to provide
398representation due to a conflict of interest or reasons beyond
399their control. The committee shall apply any eligibility and
400performance standards set by the Legislature.
401     (c)  Each circuit Article V indigent services committee
402shall develop a schedule of standard fees and expense allowances
403for the categories of cases specified in s. 27.5304 27.5303,
404consistent with the overall compensation rates in that section
405and within the amount of appropriated funds allocated by the
406Justice Administrative Commission to the circuit for this
407purpose.
408     (d)  Each circuit Article V indigent services committee
409shall establish a schedule of standard allowances for due-
410process expenses for cases in which the court has declared a
411person indigent for costs, within the amount of appropriated
412funds allocated by the Justice Administrative Commission to the
413circuit for this purpose.
414     (3)  Notwithstanding any other provision of this section, a
415circuit Article V indigent services committee may approve and
416the Justice Administrative Commission shall investigate and
417evaluate the use of funds for, alternate models for the
418provision of criminal and civil due-process services and
419representation other than a model based on a per-case fee if a
420more cost-effective and efficient system can be provided. An
421alternate model may include court-reporting services and the
422provision of court-appointed counsel.
423     (4)(3)  The Justice Administrative Commission shall prepare
424and issue on a quarterly basis a statewide report comparing
425actual year-to-date expenditures to budgeted amounts for the
426circuit Article V indigent services committees in each of the
427judicial circuits. Copies of these quarterly reports shall be
428distributed to each circuit Article V indigent services
429committee and to the Governor, the Chief Justice of the Supreme
430Court, the President of the Senate, and the Speaker of the House
431of Representatives.
432     (5)(4)(a)  The funding and positions for the processing of
433committees' fees and expenses shall be as appropriated to the
434Justice Administrative Commission in the General Appropriations
435Act.
436     (b)  Funds for criminal conflict attorney's fees and
437expenses shall be appropriated by the Legislature in a separate
438appropriations category within the Justice Administrative
439Commission. These funds shall be allocated to each circuit as
440prescribed in the General Appropriations Act.
441     (c)  Funds for attorney's fees and expenses for child
442dependency and civil conflict cases shall be appropriated by the
443Legislature in a separate appropriations category within the
444Justice Administrative Commission.
445     (d)  Any funds the Legislature appropriates for other
446court-appointed counsel cases shall be as appropriated within
447the Justice Administrative Commission.
448
449The Justice Administrative Commission shall separately track
450expenditures on private court-appointed counsel for the
451following categories of cases: criminal conflict, civil
452conflict, dependency and termination of parental rights, and
453guardianship.
454     Section 3.  Section 27.52, Florida Statutes, is amended to
455read:
456(Substantial rewording of section. See
457s. 27.52, F.S., for present text.)
458     27.52  Determination of indigent status.--
459     (1)  APPLICATION TO THE CLERK.--A person seeking
460appointment of a public defender under s. 27.51 based upon an
461inability to pay must apply to the clerk of the court for a
462determination of indigent status using an application form
463developed by the Florida Clerks of Court Operations Corporation
464with final approval by the Supreme Court.
465     (a)  The application must include, at a minimum, the
466following financial information:
467     1.  Net income, consisting of total salary and wages, minus
468deductions required by law, including court-ordered support
469payments.
470     2.  Other income, including, but not limited to, social
471security benefits, union funds, veterans' benefits, workers'
472compensation, other regular support from absent family members,
473public or private employee pensions, unemployment compensation,
474dividends, interest, rent, trusts, and gifts.
475     3.  Assets, including, but not limited to, cash, savings
476accounts, bank accounts, stocks, bonds, certificates of deposit,
477equity in real estate, and equity in a boat or a motor vehicle
478or in other tangible property.
479     4.  All liabilities and debts.
480     5.  If applicable, the amount of any bail paid for the
481applicant's release from incarceration and the source of the
482funds.
483
484The application must include a signature by the applicant which
485attests to the truthfulness of the information provided. The
486application form developed by the corporation must include
487notice that the applicant may seek court review of a clerk's
488determination that the applicant is not indigent, as provided in
489this section.
490     (b)  An applicant shall pay a $40 application fee to the
491clerk for each application for court-appointed counsel filed.
492The applicant shall pay the fee within 7 days after submitting
493the application. If the applicant does not pay the fee prior to
494the disposition of the case, the clerk shall notify the court,
495and the court shall:
496     1.  Assess the application fee as part of the sentence or
497as a condition of probation; or
498     2.  Assess the application fee pursuant to s. 938.29.
499     (c)  Notwithstanding any provision of law, court rule, or
500administrative order, the clerk shall assign the first $40 of
501any fees or costs paid by an indigent person as payment of the
502application fee. A person found to be indigent may not be
503refused counsel or other required due-process services for
504failure to pay the fee.
505     (d)  All application fees collected by the clerk under this
506section shall be transferred monthly by the clerk to the
507Department of Revenue for deposit in the Indigent Criminal
508Defense Trust Fund administered by the Justice Administrative
509Commission, to be used to supplement the general revenue funds
510appropriated by the Legislature to the public defenders. The
511clerk may retain 2 percent of application fees collected monthly
512for administrative costs prior to remitting the remainder to the
513Department of Revenue.
514     (e)1.  The clerk shall assist a person who appears before
515the clerk and requests assistance in completing the application,
516and the clerk shall notify the court if a person is unable to
517complete the application after the clerk has provided
518assistance.
519     2.  If the person seeking appointment of a public defender
520is incarcerated, the public defender is responsible for
521providing the application to the person and assisting him or her
522in its completion and is responsible for submitting the
523application to the clerk on the person's behalf. The public
524defender may enter into an agreement for jail employees,
525pretrial services employees, or employees of other criminal
526justice agencies to assist the public defender in performing
527functions assigned to the public defender under this
528subparagraph.
529     (2)  DETERMINATION BY THE CLERK.--The clerk of the court
530shall determine whether an applicant seeking appointment of a
531public defender is indigent based upon the information provided
532in the application and the criteria prescribed in this
533subsection.
534     (a)1.  An applicant, including an applicant who is a minor
535or an adult tax-dependent person, is indigent if the applicant's
536income is equal to or below 200 percent of the then-current
537federal poverty guidelines prescribed for the size of the
538household of the applicant by the United States Department of
539Health and Human Services or if the person is receiving
540Temporary Assistance for Needy Families-Cash Assistance,
541poverty-related veterans' benefits, or Supplemental Security
542Income (SSI).
543     2.  There is a presumption that the applicant is not
544indigent if the applicant owns, or has equity in, any intangible
545or tangible personal property or real property or the expectancy
546of an interest in any such property.
547     (b)  Based upon its review, the clerk shall make one of the
548following determinations:
549     1.  The applicant is not indigent.
550     2.  The applicant is indigent.
551     (c)1.  If the clerk determines that the applicant is
552indigent, the clerk shall submit the determination to the office
553of the public defender and immediately file the determination in
554the case record.
555     2.  If the public defender is unable to provide
556representation due to a conflict pursuant to s. 27.5303, the
557public defender shall move the court for withdrawal from
558representation and appointment of private counsel.
559     (d)  The duty of the clerk in determining whether an
560applicant is indigent shall be limited to receiving the
561application and comparing the information provided in the
562application to the criteria prescribed in this subsection. The
563determination of indigent status is a ministerial act of the
564clerk and not a decision based on further investigation or the
565exercise of independent judgment by the clerk. The clerk may
566contract with third parties to perform functions assigned to the
567clerk under this section.
568     (e)  The applicant may seek review of the clerk's
569determination that the applicant is not indigent in the court
570having jurisdiction over the matter at the next scheduled
571hearing. If the applicant seeks review of the clerk's
572determination of indigent status, the court shall make a final
573determination as provided in subsection (4).
574     (3)  APPOINTMENT OF COUNSEL ON INTERIM BASIS.--If the clerk
575of the court has not made a determination of indigent status at
576the time a person requests appointment of a public defender, the
577court shall make a preliminary determination of indigent status,
578pending further review by the clerk, and may, by court order,
579appoint a public defender or private counsel on an interim
580basis.
581     (4)  REVIEW OF CLERK'S DETERMINATION.--
582     (a)  If the clerk of the court determines that the
583applicant is not indigent, and the applicant seeks review of the
584clerk's determination, the court shall make a final
585determination of indigent status by reviewing the information
586provided in the application against the criteria prescribed in
587subsection (2) and by considering the following additional
588factors:
589     1.  Whether the applicant has been released on bail in an
590amount of $5,000 or more.
591     2.  Whether a bond has been posted, the type of bond, and
592who paid the bond.
593     3.  Whether paying for private counsel in an amount that
594exceeds the limitations in s. 27.5304, or other due process
595services creates a substantial hardship for the applicant or the
596applicant's family.
597     4.  Any other relevant financial circumstances of the
598applicant or the applicant's family.
599     (b)  Based upon its review, the court shall make one of the
600following determinations and, if the applicant is indigent,
601shall appoint a public defender or private counsel:
602     1.  The applicant is not indigent.
603     2.  The applicant is indigent.
604     (5)  INDIGENT FOR COSTS.--A person who is eligible to be
605represented by a public defender under s. 27.51 but who is
606represented by private counsel not appointed by the court for a
607reasonable fee as approved by the court, on a pro bono basis, or
608who is proceeding pro se, may move the court for a determination
609that he or she is indigent for costs and eligible for the
610provision of due-process services, as prescribed by ss. 29.006
611and 29.007, funded by the state.
612     (a)  The person must submit to the court:
613     1.  The completed application prescribed in subsection (1).
614     2.  In the case of a person represented by counsel, an
615affidavit attesting to the estimated amount of attorney's fees
616and the source of payment for these fees.
617     (b)  In reviewing the motion, the court shall consider:
618     1.  Whether the applicant applied for a determination of
619indigent status under subsection (1) and the outcome of such
620application.
621     2.  The extent to which the person's income equals or
622exceeds the income criteria prescribed in subsection (2).
623     3.  The additional factors prescribed in subsection (4).
624     4.  Whether the applicant is proceeding pro se.
625     5.  When the applicant retained private counsel.
626     6.  The amount of any attorney's fees and who is paying the
627fees.
628     (c)  Based upon its review, the court shall make one of the
629following determinations:
630     1.  The applicant is not indigent for costs.
631     2.  The applicant is indigent for costs.
632     (d)  The provision of due-process services based upon a
633determination that a person is indigent for costs under this
634subsection must be effectuated pursuant to a court order, a copy
635of which the clerk shall provide to counsel representing the
636person, or to the person directly if he or she is proceeding pro
637se, for use in requesting payment of due-process expenses
638through the Justice Administrative Commission.
639     (6)  DUTIES OF PARENT OR LEGAL GUARDIAN.--A nonindigent
640parent or legal guardian of an applicant who is a minor or an
641adult tax-dependent person shall furnish the minor or adult tax-
642dependent person with the necessary legal services and costs
643incident to a delinquency proceeding or, upon transfer of such
644person for criminal prosecution as an adult pursuant to chapter
645985, a criminal prosecution in which the person has a right to
646legal counsel under the Constitution of the United States or the
647Constitution of the State of Florida. The failure of a parent or
648legal guardian to furnish legal services and costs under this
649section does not bar the appointment of legal counsel pursuant
650to s. 27.40 or s. 27.5303. When the public defender, a private
651court-appointed conflict counsel, or a private attorney is
652appointed to represent a minor or an adult tax-dependent person
653in any proceeding in circuit court or in a criminal proceeding
654in any other court, the parents or the legal guardian shall be
655liable for payment of the fees, charges, and costs of the
656representation even if the person is a minor being tried as an
657adult. Liability for the fees, charges, and costs of the
658representation shall be imposed in the form of a lien against
659the property of the nonindigent parents or legal guardian of the
660minor or adult tax-dependent person. The lien is enforceable as
661provided in s. 27.561 or s. 938.29.
662     (7)  FINANCIAL DISCREPANCIES; FRAUD; FALSE INFORMATION.--
663     (a)  If the court learns of discrepancies between the
664application or motion and the actual financial status of the
665person found to be indigent or indigent for costs, the court
666shall determine whether the public defender or private attorney
667shall continue representation or whether the authorization for
668any other due-process services previously authorized shall be
669revoked. The person may be heard regarding the information
670learned by the court. If the court, based on the information,
671determines that the person is not indigent or indigent for
672costs, the court shall order the public defender or private
673attorney to discontinue representation and revoke the provision
674of any other authorized due-process services.
675     (b)  If the court has reason to believe that any applicant,
676through fraud or misrepresentation, was improperly determined to
677be indigent or indigent for costs, the matter shall be referred
678to the state attorney. Twenty-five percent of any amount
679recovered by the state attorney as reasonable value of the
680services rendered, including fees, charges, and costs paid by
681the state on the person's behalf, shall be remitted to the
682Department of Revenue for deposit into the Grants and Donations
683Trust Fund within the Justice Administrative Commission for
684appropriation by the Legislature to the state attorney. Seventy-
685five percent of any amount recovered shall be remitted to the
686Department of Revenue for deposit into the General Revenue Fund.
687     (c)  A person who knowingly provides false information to
688the clerk or the court in seeking a determination of indigent
689status under this section commits a felony of the third degree,
690punishable as provided in s. 775.082 or s. 775.083.
691     Section 4.  Subsections (2), (4), (5), and (6) of section
69227.5304, Florida Statutes, are amended and new subsections (6),
693(7), and (8) are added to said section, to read:
694     27.5304  Private court-appointed counsel; compensation.--
695     (2)  The Justice Administrative Commission shall review an
696intended billing by private court-appointed counsel for
697attorney's fees based on a flat fee per case for completeness
698and compliance with contractual, statutory, and circuit Article
699V indigent services committee requirements. The commission may
700approve the intended bill based on a flat fee per case for
701payment without approval by the court if the intended billing is
702correct. For attorney's fees based on hourly billings, prior to
703filing a motion for an order approving payment of attorney's
704fees, costs, or related expenses, the private court-appointed
705counsel shall deliver a copy of the intended billing, together
706with supporting affidavits and all other necessary
707documentation, to the Justice Administrative Commission. The
708Justice Administrative Commission shall review the billings,
709affidavit, and documentation for completeness and compliance
710with contractual and statutory requirements. If the Justice
711Administrative Commission objects to any portion of the proposed
712billing, the objection and reasons therefor shall be
713communicated to the private court-appointed counsel. The private
714court-appointed counsel may thereafter file his or her motion
715for order approving payment of attorney's fees, costs, or
716related expenses together with supporting affidavits and all
717other necessary documentation. The motion must specify whether
718the Justice Administrative Commission objects to any portion of
719the billing or the sufficiency of documentation and, if so, the
720reasons therefor. A copy of the motion and attachments shall be
721served on the Justice Administrative Commission at least 5
722business days prior to the date of a hearing. The Justice
723Administrative Commission shall have standing to appear before
724the court to contest any motion for order approving payment of
725attorney's fees, costs, or related expenses and may participate
726in a hearing on the motion by use of telephonic or other
727communication equipment unless ordered otherwise. The Justice
728Administrative Commission may contract with other public or
729private entities or individuals to appear before the court for
730the purpose of contesting any motion for order approving payment
731of attorney's fees, costs, or related expenses. The fact that
732the Justice Administrative Commission has not objected to any
733portion of the billing or to the sufficiency of the
734documentation is not binding on the court. The court retains
735primary authority and responsibility for determining the
736reasonableness of all billings for attorney's fees, costs, and
737related expenses, subject to statutory limitations. Private
738court-appointed counsel is entitled to compensation upon final
739disposition of a case, except as provided in subsections (6) and
740(7). Before final disposition of a case, a private court-
741appointed counsel may file a motion for fees, costs, and related
742expenses for services completed up to the date of the motion in
743any case or matter in which legal services have been provided by
744the attorney for more than 1 year. The amount approved by the
745court may not exceed 80 percent of the fees earned, or costs and
746related expenses incurred, to date, or an amount proportionate
747to the maximum fees permitted under this section based on legal
748services provided to date, whichever is less. The court may
749grant the motion if counsel shows that failure to grant the
750motion would work a particular hardship upon counsel.
751     (4)  By January 1 of each year, the Article V Indigent
752Services Advisory Board shall recommend to the Legislature any
753adjustments to the compensation provisions of this section.
754     (4)(5)(a)  If counsel is entitled to receive compensation
755for representation pursuant to court appointment in a
756termination of parental rights proceeding under chapter 39, such
757compensation shall not exceed $1,000 at the trial level and
758$2,500 at the appellate level.
759     (b)  Counsel entitled to receive compensation for
760representation pursuant to court appointment in a proceeding
761under chapter 384 or chapter 392 shall receive reasonable
762compensation as fixed by the court making the appointment.
763     (5)(6)  A private attorney appointed in lieu of the public
764defender to represent an indigent defendant may not reassign or
765subcontract the case to another attorney. The court-appointed
766private attorney may not or allow another attorney to appear at
767a critical stage of a case who is not on the registry developed
768under pursuant to s. 27.40.
769     (6)  Private court-appointed counsel representing a parent
770in a dependency case that is open may submit a request for
771payment to the Justice Administrative Commission at the
772following intervals:
773     (a)  Upon entry of an order of disposition as to the parent
774being represented.
775     (b)  Upon conclusion of a 12-month permanency review.
776     (c)  Following a judicial review hearing.
777
778In no case, however, may counsel submit requests under this
779paragraph more than once per quarter, unless the court finds
780extraordinary circumstances justifying more frequent submission
781of payment requests.
782     (7)  Private court-appointed counsel representing an
783individual in an appeal to a district court of appeal or the
784Supreme Court may submit a request for payment to the Justice
785Administrative Commission at the following intervals:
786     (a)  Upon the filing of an appellate brief, including, but
787not limited to, a reply brief.
788     (b)  When the opinion of the appellate court is finalized.
789     (8)  Private court-appointed counsel may not bill for
790preparation of invoices whether or not the case is paid on the
791basis of an hourly rate or by flat fee.
792     Section 5.  Subsection (2) of section 27.54, Florida
793Statutes, is amended to read:
794     27.54  Limitation on payment of expenditures for public
795defender's office other than by the state.--
796     (2)  A county or municipality may contract with, or
797appropriate or contribute funds to, the operation of the offices
798of the various public defenders as provided in this subsection.
799A public defender defending violations of special laws or county
800or municipal ordinances punishable by incarceration and not
801ancillary to a state charge shall contract with counties and
802municipalities to recover the full cost of services rendered on
803an hourly basis or reimburse the state for the full cost of
804assigning one or more full-time equivalent attorney positions to
805work on behalf of the county or municipality. Notwithstanding
806any other provision of law, in the case of a county with a
807population of less than 75,000, the public defender shall
808contract for full reimbursement, or for reimbursement as the
809parties otherwise agree. In local ordinance violation cases, the
810county or municipality shall pay for due process services that
811are approved by the court, including deposition costs,
812deposition transcript costs, investigative costs, witness fees,
813expert witness costs, and interpreter costs. The person charged
814with the violation shall be assessed a fee for the services of a
815public defender and other costs and fees paid by the county or
816municipality, which assessed fee may be reduced to a lien, in
817all instances in which the person enters a plea of guilty or no
818contest or is found to be in violation or guilty of any count or
819lesser included offense of the charge or companion case charges,
820regardless of adjudication. The court shall determine the amount
821of the obligation. The county or municipality may recover
822assessed fees through collections court or as otherwise
823permitted by law and any fees recovered pursuant to this section
824shall be forwarded to the applicable county or municipality as
825reimbursement.
826     (a)  A contract for reimbursement on an hourly basis shall
827require a county or municipality to reimburse the public
828defender for services rendered at a rate of $50 per hour. If an
829hourly rate is specified in the General Appropriations Act, that
830rate shall control.
831     (b)  A contract for assigning one or more full-time
832equivalent attorney positions to perform work on behalf of the
833county or municipality shall assign one or more full-time
834equivalent positions based on estimates by the public defender
835of the number of hours required to handle the projected
836workload. The full cost of each full-time equivalent attorney
837position on an annual basis shall be $50, or the amount
838specified in the General Appropriations Act, multiplied by the
839legislative budget request standard for available work hours for
840one full-time equivalent attorney position, or, in the absence
841of that standard, 1,854 hours. The contract may provide for
842funding full-time equivalent positions in one-quarter
843increments.
844     (c)  Any payments received pursuant to this subsection
845shall be deposited into the Grants and Donations Trust Fund
846within the Justice Administrative Commission for appropriation
847by the Legislature.
848     Section 6.  Section 28.24, Florida Statutes, is amended to
849read:
850     28.24  Service charges by clerk of the circuit court.--The
851clerk of the circuit court shall may charge for services
852rendered by the clerk's office in recording documents and
853instruments and in performing the duties enumerated in amounts
854not to exceed those specified in this section. Notwithstanding
855any other provision of this section, the clerk of the circuit
856court shall provide without charge to the state attorney, public
857defender, and guardian ad litem, and court-appointed counsel
858paid by the state, and to the authorized staff acting on behalf
859of each, access to and a copy of any public record, if the
860requesting party is entitled by law to view the exempt or
861confidential record, as maintained by and in the custody of the
862clerk of the circuit court as provided in general law and the
863Florida Rules of Judicial Administration. The clerk of the
864circuit court may provide the requested public record in an
865electronic format in lieu of a paper format when capable of
866being accessed by the requesting entity.
867
868Charges
869     (1)  For examining, comparing, correcting, verifying, and
870certifying transcripts of record in appellate proceedings,
871prepared by attorney for appellant or someone else other than
872clerk per page....4.50
873     (2)  For preparing, numbering, and indexing an original
874record of appellate proceedings, per instrument....3.00
875     (3)  For certifying copies of any instrument in the public
876records....1.50
877     (4)  For verifying any instrument presented for
878certification prepared by someone other than clerk, per
879page....3.00
880     (5)(a)  For making copies by photographic process of any
881instrument in the public records consisting of pages of not more
882than 14 inches by 81/2 inches, per page....1.00
883     (b)  For making copies by photographic process of any
884instrument in the public records of more than 14 inches by 81/2
885inches, per page....5.00
886     (6)  For making microfilm copies of any public records:
887     (a)  16 mm 100' microfilm roll....37.50
888     (b)  35 mm 100' microfilm roll....52.50
889     (c)  Microfiche, per fiche....3.00
890     (7)  For copying any instrument in the public records by
891other than photographic process, per page....6.00
892     (8)  For writing any paper other than herein specifically
893mentioned, same as for copying, including signing and
894sealing....6.00
895     (9)  For indexing each entry not recorded....1.00
896     (10)  For receiving money into the registry of court:
897     (a)1.  First $500, percent....3
898     2.  Each subsequent $100, percent....1.5
899     (b)  Eminent domain actions, per deposit....$150.00
900     (11)  For examining, certifying, and recording plats and
901for recording condominium exhibits larger than 14 inches by 81/2
902inches:
903     (a)  First page....30.00
904     (b)  Each additional page....15.00
905     (12)  For recording, indexing, and filing any instrument
906not more than 14 inches by 81/2 inches, including required
907notice to property appraiser where applicable:
908     (a)  First page or fraction thereof....5.00
909     (b)  Each additional page or fraction thereof....4.00
910     (c)  For indexing instruments recorded in the official
911records which contain more than four names, per additional
912name....1.00
913     (d)  An additional service charge shall be paid to the
914clerk of the circuit court to be deposited in the Public Records
915Modernization Trust Fund for each instrument listed in s.
91628.222, except judgments received from the courts and notices of
917lis pendens, recorded in the official records:
918     1.  First page....1.00
919     2.  Each additional page....0.50
920
921Said fund shall be held in trust by the clerk and used
922exclusively for equipment and maintenance of equipment,
923personnel training, and technical assistance in modernizing the
924public records system of the office. In a county where the duty
925of maintaining official records exists in an office other than
926the office of the clerk of the circuit court, the clerk of the
927circuit court is entitled to 25 percent of the moneys deposited
928into the trust fund for equipment, maintenance of equipment,
929training, and technical assistance in modernizing the system for
930storing records in the office of the clerk of the circuit court.
931The fund may not be used for the payment of travel expenses,
932membership dues, bank charges, staff-recruitment costs, salaries
933or benefits of employees, construction costs, general operating
934expenses, or other costs not directly related to obtaining and
935maintaining equipment for public records systems or for the
936purchase of furniture or office supplies and equipment not
937related to the storage of records. On or before December 1,
9381995, and on or before December 1 of each year immediately
939preceding each year during which the trust fund is scheduled for
940legislative review under s. 19(f)(2), Art. III of the State
941Constitution, each clerk of the circuit court shall file a
942report on the Public Records Modernization Trust Fund with the
943President of the Senate and the Speaker of the House of
944Representatives. The report must itemize each expenditure made
945from the trust fund since the last report was filed; each
946obligation payable from the trust fund on that date; and the
947percentage of funds expended for each of the following:
948equipment, maintenance of equipment, personnel training, and
949technical assistance. The report must indicate the nature of the
950system each clerk uses to store, maintain, and retrieve public
951records and the degree to which the system has been upgraded
952since the creation of the trust fund.
953     (e)  An additional service charge of $4 per page shall be
954paid to the clerk of the circuit court for each instrument
955listed in s. 28.222, except judgments received from the courts
956and notices of lis pendens, recorded in the official records.
957From the additional $4 service charge collected:
958     1.  If the counties maintain legal responsibility for the
959costs of the court-related technology needs as defined in s.
96029.008(1)(f)2. and (h), 10 cents shall be distributed to the
961Florida Association of Court Clerks and Comptroller, Inc., for
962the cost of development, implementation, operation, and
963maintenance of the clerks' Comprehensive Case Information
964System, in which system all clerks shall participate on or
965before January 1, 2006; $1.90 shall be retained by the clerk to
966be deposited in the Public Records Modernization Trust Fund and
967used exclusively for funding court-related technology needs of
968the clerk as defined in s. 29.008(1)(f)2. and (h); and $2 shall
969be distributed to the board of county commissioners to be used
970exclusively to fund court-related technology, and court
971technology needs as defined in s. 29.008(1)(f)2. and (h) for the
972state trial courts, state attorney, and public defender in that
973county. If the counties maintain legal responsibility for the
974costs of the court-related technology needs as defined in s.
97529.008(1)(f)2. and (h), notwithstanding any other provision of
976law, the county is not required to provide additional funding
977beyond that provided herein for the court-related technology
978needs of the clerk as defined in s. 29.008(1)(f)2. and (h). All
979court records and official records are the property of the State
980of Florida, including any records generated as part of the
981Comprehensive Case Information System funded pursuant to this
982paragraph and the clerk of court is designated as the custodian
983of such records, except in a county where the duty of
984maintaining official records exists in a county office other
985than the clerk of court, such county office is designated the
986custodian of all official records, and the Clerk of Court is
987designated the Custodian of all court records. The clerk of
988court or any entity acting on behalf of the clerk of court,
989including an association, shall not charge a fee to any agency
990as defined in s. 119.011, the Legislature, or the State Court
991System for copies of records generated by the Comprehensive Case
992Information System or held by the clerk of court or any entity
993acting on behalf of the clerk of court, including an
994association.
995     2.  If the state becomes legally responsible for the costs
996of court-related technology needs as defined in s.
99729.008(1)(f)2. and (h), whether by operation of general law or
998by court order, $4 shall be remitted to the Department of
999Revenue for deposit into the General Revenue Fund.
1000     (13)  Oath, administering, attesting, and sealing, not
1001otherwise provided for herein....3.00
1002     (14)  For validating certificates, any authorized bonds,
1003each....3.00
1004     (15)  For preparing affidavit of domicile....5.00
1005     (16)  For exemplified certificates, including signing and
1006sealing....6.00
1007     (17)  For authenticated certificates, including signing and
1008sealing....6.00
1009     (18)(a)  For issuing and filing a subpoena for a witness,
1010not otherwise provided for herein (includes writing, preparing,
1011signing, and sealing)....6.00
1012     (b)  For signing and sealing only....1.50
1013     (19)  For approving bond....7.50
1014     (20)  For searching of records, for each year's
1015search....1.50
1016     (21)  For processing an application for a tax deed sale
1017(includes application, sale, issuance, and preparation of tax
1018deed, and disbursement of proceeds of sale), other than excess
1019proceeds....60.00
1020     (22)  For disbursement of excess proceeds of tax deed sale,
1021first $100 or fraction thereof....10.00
1022     (23)  Upon receipt of an application for a marriage
1023license, for preparing and administering of oath; issuing,
1024sealing, and recording of the marriage license; and providing a
1025certified copy....30.00
1026     (24)  For solemnizing matrimony....30.00
1027     (25)  For sealing any court file or expungement of any
1028record....37.50
1029     (26)(a)  For receiving and disbursing all restitution
1030payments, per payment....3.00
1031     (b)  For receiving and disbursing all partial payments,
1032other than restitution payments, for which an administrative
1033processing service charge is not imposed pursuant to s. 28.246,
1034per month....5.00
1035     (c)  For setting up a payment plan, a one-time
1036administrative processing charge in lieu of a per month charge
1037under paragraph (b)....25.00
1038     (27)  Postal charges incurred by the clerk of the circuit
1039court in any mailing by certified or registered mail shall be
1040paid by the party at whose instance the mailing is made.
1041     (28)  For furnishing an electronic copy of information
1042contained in a computer database: a fee as provided for in
1043chapter 119.
1044     Section 7.  Paragraph (a) of subsection (1) of section
104528.2402, Florida Statutes, is amended to read:
1046     28.2402  Cost recovery; use of the circuit court for
1047ordinance or special law violations.--
1048     (1)(a)  In lieu of payment of a filing fee under s. 28.241,
1049a filing fee of $10 shall be paid by a county or municipality
1050when filing a county or municipal ordinance violation or
1051violation of a special law in circuit court. This fee shall be
1052paid to the clerk of the court for performing court-related
1053functions. A county or municipality is not required to pay more
1054than one filing fee for a single filing against a single
1055defendant that contains multiple alleged violations. A filing
1056fee, other than that imposed under this section, may not be
1057assessed for initiating an enforcement proceeding in circuit
1058court for a violation of a county or municipal code or ordinance
1059or a violation of a special law.
1060     Section 8.  Section 28.245, Florida Statutes, is amended to
1061read:
1062     28.245  Transmittal of funds to Department of Revenue;
1063uniform remittance form required.--Notwithstanding any other
1064provision of law, all moneys collected by the clerks of the
1065court as part of the clerk's court-related functions for
1066subsequent distribution to any state entity must be transmitted
1067electronically, by the 20th day of the month immediately
1068following the month in which the moneys are collected, to the
1069Department of Revenue for appropriate distribution. A uniform
1070remittance form provided by the Department of Revenue detailing
1071the specific amounts due each fund must accompany such
1072submittal. All moneys collected by the clerks of court for
1073remittance to any entity must be distributed pursuant to the law
1074in effect at the time of collection.
1075     Section 9.  Subsections (1) and (4) of section 28.246,
1076Florida Statutes, are amended to read:
1077     28.246  Payment of court-related fees, charges, and costs;
1078partial payments; distribution of funds.--
1079     (1)  Beginning July 1, 2003, the clerk of the circuit court
1080shall report the following information to the Legislature and
1081the Florida Clerks Clerk of Court Operations Corporation
1082Conference on a form developed by the Department of Financial
1083Services:
1084     (a)  The total amount of mandatory fees, service charges,
1085and costs; the total amount actually assessed; the total amount
1086discharged, waived, or otherwise not assessed; and the total
1087amount collected.
1088     (b)  The amount of discretionary fees, service charges, and
1089costs assessed; the total amount discharged; and the total
1090amount collected.
1091     (c)  The total amount of mandatory fines and other monetary
1092penalties; the total amount assessed; the total amount
1093discharged, waived, or otherwise not assessed; and the total
1094amount collected.
1095     (d)  The amount of discretionary fines and other monetary
1096penalties assessed; the amount discharged; and the total amount
1097collected.
1098
1099If provided to the clerk of court by the judge, the clerk, in
1100reporting the amount assessed, shall separately identify the
1101amount assessed pursuant to s. 938.30 as community service;
1102assessed by reducing the amount to a judgment or lien; satisfied
1103by time served; or other. The form developed by the Chief
1104Financial Officer shall include separate entries for recording
1105these amounts. The clerk shall submit the report on a quarterly
1106basis 30 days after the end of the quarter for the period from
1107July 1, 2003, through June 30, 2004, and on an annual basis
1108thereafter, 60 days after the end of the county fiscal year.
1109     (4)  The clerk of the circuit court shall accept partial
1110payments for court-related fees, service charges, costs, and
1111fines in accordance with the terms of an established payment
1112plan. An individual seeking to defer payment of fees, service
1113charges, costs, or fines imposed by operation of law or order of
1114the court under any provision of general law shall apply to the
1115clerk for enrollment in a payment plan. The clerk shall enter
1116into a payment plan with an individual who the court determines
1117is indigent for costs and who demonstrates to the clerk an
1118inability to pay court-related fees, service charges, costs, or
1119fines in full. A monthly payment amount, calculated based upon
1120all fees and all anticipated costs, is presumed to correspond to
1121the person's ability to pay if the amount does not exceed 2
1122percent of the person's annual net income, as defined in
112327.52(1), divided by 12. The court may review the reasonableness
1124of the payment plan, and determined by the court to be unable to
1125make payment in full, shall be enrolled by the clerk in a
1126payment program, with periodic payment amounts corresponding to
1127the individual's ability to pay.
1128     Section 10.  Section 28.345, Florida Statutes, is amended
1129to read:
1130     28.345  Exemption from court-related fees and
1131charges.--Notwithstanding any other provision of this chapter or
1132law to the contrary, judges and those court staff acting on
1133behalf of judges, state attorneys, guardians ad litem, court-
1134appointed private counsel, and public defenders, acting in their
1135official capacity, and state agencies, are exempt from all
1136court-related fees and charges assessed by the clerks of the
1137circuit courts.
1138     Section 11.  Subsection (2), paragraph (a) of subsection
1139(3), and paragraph (b) of subsection (4) of section 28.36,
1140Florida Statutes, are amended, present subsection (6) of said
1141section is renumbered as subsection (7), and a new subsection
1142(6) is added to said section, to read:
1143     28.36  Budget procedure.--There is hereby established a
1144budget procedure for the court-related functions of the clerks
1145of the court.
1146     (2)(a)  For the period July 1, 2004, through September 30,
11472004, and for each county fiscal year ending September 30
1148thereafter, each clerk of the court shall prepare a budget
1149relating solely to the performance of the standard list of
1150court-related functions pursuant to s. 28.35(4)(a).
1151     (b)  The chief judge of each circuit, after consultation
1152with the clerk of court, shall coordinate the provision of all
1153court-related functions and determine the priorities for the
1154court-related functions of the clerk of court provided pursuant
1155to s. 28.35(4)(a).
1156     (3)  Each proposed budget shall further conform to the
1157following requirements:
1158     (a)  On or before August 15 1 for each fiscal year
1159thereafter, the proposed budget shall be prepared, summarized,
1160and submitted by the clerk in each county to the Clerks of Court
1161Operations Corporation in the manner and form prescribed by the
1162corporation conference. The proposed budget must provide
1163detailed information on the anticipated revenues available and
1164expenditures necessary for the performance of the standard list
1165of court-related functions of the clerk's office developed
1166pursuant to s. 28.35(4)(a) for the county fiscal year beginning
1167the following October 1.
1168     (4)  If a clerk of the court estimates that available funds
1169plus projected revenues from fines, fees, service charges, and
1170costs for court-related services are insufficient to meet the
1171anticipated expenditures for the standard list of court-related
1172functions in s. 28.35(4)(a) performed by his or her office, the
1173clerk must report the revenue deficit to the Clerks of Court
1174Operations Corporation in the manner and form prescribed by the
1175corporation pursuant to contract with the Chief Financial
1176Officer. The corporation shall verify that the proposed budget
1177is limited to the standard list of court-related functions in s.
117828.35(4)(a).
1179     (b)  If the Chief Financial Officer Department of Revenue
1180finds the court-related budget proposed by a clerk includes
1181functions not included in the standard list of court-related
1182functions in s. 28.35(4)(a) 28.35(3)(a), the department shall
1183notify the clerk of the amount of the proposed budget not
1184eligible to be funded from fees, service charges, costs, and
1185fines for court-related functions. The clerk shall then
1186immediately discontinue the expenditures of funds for this
1187purpose and reimburse the Clerks of the Court Trust Fund for any
1188expenditures incurred to date for these functions.
1189     (6)  The Clerks of Court Operations Corporation may approve
1190funding and adjust the maximum of a clerk's authorized court-
1191related budget in excess of the amount otherwise authorized to
1192be funded in this section if the corporation makes a finding
1193that the additional funding is necessary to perform court-
1194related functions included in the standard list of court-related
1195functions in s. 28.35(4)(a) and one of the following conditions
1196exist:
1197     (a) The additional funding is reasonable and necessary to
1198pay the cost of performing new and additional functions required
1199by changes in the statute or court rule.
1200     (b)  The additional funding is reasonable and necessary to
1201pay the additional costs required for the clerk to support
1202increases in the number of judges and other judicial resources
1203as may be authorized by the Legislature.
1204     (c)  The additional funding is reasonable and necessary to
1205satisfy court-related expenses incurred by the clerk that result
1206from increases in previously funded fixed expenses that are
1207outside the control of the clerk or to meet increases resulting
1208from contractual obligations entered into prior to July 1, 2004.
1209
1210Prior to approval of any additional budget funding as authorized
1211by this provision, the corporation shall prepare detailed
1212documentation of the factual basis for the approval. Within 30
1213days after approval of additional budget approval authorized by
1214this provision, the corporation shall submit notice of such
1215actions, together with the detailed documentation of the factual
1216basis for the approval to the Chief Financial Officer.
1217     Section 12.  Section 28.44, Florida Statutes, is created to
1218read:
1219     28.44  Clerk discontinuance of court-related functions.--
1220     (1)  No function of the clerk of court being performed in
1221support of the trial courts by the individual clerks of court on
1222July 1, 2004, may be discontinued or substantially modified on a
1223unilateral basis except pursuant to this section. A clerk of
1224court may discontinue performing a function performed in support
1225of the trial court only if:
1226     (a)  The chief judge of the circuit has consented in
1227writing to the discontinuance or substantial modification of the
1228function performed in support of the trial court; or
1229     (b)  The clerk of court has given written notice of the
1230intention to substantially modify or discontinue a function
1231performed in support of the trial court at least one year before
1232the effective date of the discontinuance or substantial
1233modification of the function.
1234     (2)  "Substantial modification" of a function performed in
1235support of the trial court means a modification which has the
1236effect of reducing the level of services provided to the trial
1237court.
1238     Section 13.  Section 28.45, Florida Statutes, is created to
1239read:
1240     28.45  Clerk repayment of costs.--A clerk of court, acting
1241in good faith upon a court-related duty prescribed by court rule
1242or the administrative order of a chief judge, shall not be held
1243responsible to repay costs associated with that duty required by
1244court rule or administrative order if it is later determined
1245that the performance of that duty was not a proper expenditure
1246of state funds.
1247     Section 14.  Subsection (6) of section 29.004, Florida
1248Statutes, is amended to read:
1249     29.004  State courts system.--For purposes of implementing
1250s. 14, Art. V of the State Constitution, the elements of the
1251state courts system to be provided from state revenues
1252appropriated by general law are as follows:
1253     (6)  Expert witnesses who not requested by any party which
1254are appointed by the court pursuant to an express grant of
1255statutory authority.
1256     Section 15.  Subsections (4), (5), (6), (7), and (8) of
1257section 29.005, Florida Statutes, are amended to read:
1258     29.005  State attorneys' offices and prosecution
1259expenses.--For purposes of implementing s. 14, Art. V of the
1260State Constitution, the elements of the state attorneys' offices
1261to be provided from state revenues appropriated by general law
1262are as follows:
1263     (4)  Mental health professionals appointed pursuant to s.
1264394.473 and required in a court hearing involving an indigent,
1265and mental health professionals appointed pursuant to s.
1266916.115(2) and required in a court hearing involving an
1267indigent.
1268     (4)(5)  Reasonable transportation services in the
1269performance of constitutional and statutory responsibilities.
1270Motor vehicles owned by the counties and provided exclusively to
1271state attorneys as of July 1, 2003, and any additional vehicles
1272owned by the counties and provided exclusively to state
1273attorneys during fiscal year 2003-2004 shall be transferred by
1274title to the state effective July 1, 2004.
1275     (5)(6)  Travel expenses reimbursable under s. 112.061
1276reasonably necessary in the performance of constitutional and
1277statutory responsibilities.
1278     (6)(7)  Reasonable library and electronic legal research
1279services, other than a public law library.
1280     (7)(8)  Reasonable pretrial consultation fees and costs.
1281     Section 16.  Section 29.007, Florida Statutes, is amended
1282to read:
1283     29.007  Court-appointed counsel.--For purposes of
1284implementing s. 14, Art. V of the State Constitution, the
1285elements of court-appointed counsel to be provided from state
1286revenues appropriated by general law are as follows:
1287     (1)  Private attorneys appointed by the court to handle
1288cases where the defendant is indigent and cannot be represented
1289by the public defender under ss. 27.42 and 27.53.
1290     (2)  Private attorneys appointed by the court to represent
1291indigents or other classes of litigants in civil proceedings
1292requiring court-appointed counsel in accordance with state and
1293federal constitutional guarantees and federal and state
1294statutes.
1295     (3)  Reasonable court reporting and transcription services
1296necessary to meet constitutional or statutory requirements,
1297including the cost of transcribing and copying depositions of
1298witnesses and the cost of foreign language and sign-language
1299interpreters and translators.
1300     (4)  Witnesses, including expert witnesses, summoned to
1301appear for an investigation, preliminary hearing, or trial in a
1302case when the witnesses are summoned on behalf of an indigent,
1303and any other expert witnesses approved by the court.
1304     (5)  Mental health professionals appointed pursuant to s.
1305394.473 and required in a court hearing involving an indigent,
1306and mental health professionals appointed pursuant to s.
1307916.115(2) and required in a court hearing involving an
1308indigent, and any other mental health professionals expressly
1309required by law for the full adjudication of any civil case
1310involving an indigent person.
1311     (6)  Reasonable pretrial consultation fees and costs.
1312     (7)  Travel expenses reimbursable under s. 112.061
1313reasonably necessary in the performance of constitutional and
1314statutory responsibilities.
1315
1316Subsections (3), (4), (5), (6), and (7) apply when court-
1317appointed counsel is appointed; when the court determines that
1318the litigant is indigent for costs; or when the litigant is
1319acting pro se and the court determines that the litigant is
1320indigent for costs at the trial or appellate level. This section
1321applies in any situation in which the court appoints counsel to
1322protect a litigant's due-process rights.
1323     Section 17.  Subsection (1) of section 29.008, Florida
1324Statutes, is amended to read:
1325     29.008  County funding of court-related functions.--
1326     (1)  Counties are required by s. 14, Art. V of the State
1327Constitution to fund the cost of communications services,
1328existing radio systems, existing multiagency criminal justice
1329information systems, and the cost of construction or lease,
1330maintenance, utilities, and security of facilities for the
1331circuit and county courts, public defenders' offices, state
1332attorneys' offices, guardian ad litem offices, and the offices
1333of the clerks of the circuit and county courts performing court-
1334related functions. For purposes of this section, the term
1335"circuit and county courts" shall include the offices and
1336staffing of the guardian ad litem programs. The county
1337designated under s. 35.05(1) as the headquarters for each
1338appellate district shall fund these costs for the appellate
1339division of the public defender's office in that county. For
1340purposes of implementing these requirements, the term:
1341     (a)  "Facility" means reasonable and necessary buildings
1342and office space and appurtenant equipment and furnishings,
1343structures, real estate, easements, and related interests in
1344real estate, including, but not limited to, those for the
1345purpose of housing legal materials for use by the general public
1346and personnel, equipment, or functions of the circuit or county
1347courts, public defenders' offices, state attorneys' offices, and
1348court-related functions of the office of the clerks of the
1349circuit and county courts and all storage. The term "facility"
1350includes all wiring necessary for court-reporting services. The
1351term also includes access to parking for such facilities in
1352connection with such court-related functions that may be
1353available free or from a private provider or a local government
1354for a fee. The office space provided by a county may not be less
1355than the standards for space allotment adopted by the Department
1356of Management Services, except this requirement applies only to
1357facilities that are leased, or on which construction commences,
1358after June 30, 2003. County funding must include physical
1359modifications and improvements to all facilities as are required
1360for compliance with the Americans with Disabilities Act. Upon
1361mutual agreement of a county and the affected entity in this
1362paragraph, the office space provided by the county may vary from
1363the standards for space allotment adopted by the Department of
1364Management Services. This section applies only to facilities
1365that are leased, or on which construction commences, after June
136630, 2003.
1367     1.  As of July 1, 2005, equipment and furnishings shall be
1368limited to that appropriate and customary for courtrooms,
1369hearing rooms, jury facilities, and other public areas in
1370courthouses and any other facility occupied by the courts, state
1371attorneys, and public defenders.
1372     2.  Equipment and furnishings under this paragraph in
1373existence and owned by counties on July 1, 2005, except for that
1374in the possession of the clerks, for areas other than
1375courtrooms, hearing rooms, jury facilities, and other public
1376areas in courthouses and any other facility occupied by the
1377courts, state attorneys, and public defenders, shall be
1378transferred to the state at no charge. This provision does not
1379apply to any communication services as defined in paragraph (f).
1380     (b)  "Construction or lease" includes, but is not limited
1381to, all reasonable and necessary costs of the acquisition or
1382lease of facilities for all judicial officers, staff, jurors,
1383volunteers of a tenant agency, and the public for the circuit
1384and county courts, the public defenders' offices, state
1385attorneys' offices, and for performing the court-related
1386functions of the offices of the clerks of the circuit and county
1387courts. This includes expenses related to financing such
1388facilities and the existing and future cost and bonded
1389indebtedness associated with placing the facilities in use.
1390     (c)  "Maintenance" includes, but is not limited to, all
1391reasonable and necessary costs of custodial and groundskeeping
1392services and renovation and reconstruction as needed to
1393accommodate functions for the circuit and county courts, the
1394public defenders' offices, and state attorneys' offices and for
1395performing the court-related functions of the offices of the
1396clerks of the circuit and county court and for maintaining the
1397facilities in a condition appropriate and safe for the use
1398intended.
1399     (d)  "Utilities" means all electricity services for light,
1400heat, and power; natural or manufactured gas services for light,
1401heat, and power; water and wastewater services and systems,
1402stormwater or runoff services and systems, sewer services and
1403systems, all costs or fees associated with these services and
1404systems, and any costs or fees associated with the mitigation of
1405environmental impacts directly related to the facility.
1406     (e)  "Security" includes but is not limited to, all
1407reasonable and necessary costs of services of law enforcement
1408officers or licensed security guards and all electronic,
1409cellular, or digital monitoring and screening devices necessary
1410to ensure the safety and security of all persons visiting or
1411working in a facility; to provide for security of the facility,
1412including protection of property owned by the county or the
1413state; and for security of prisoners brought to any facility.
1414This includes bailiffs while providing courtroom and other
1415security for each judge and other quasi-judicial officers.
1416     (f)  "Communications services" are defined as any
1417reasonable and necessary transmission, emission, and reception
1418of signs, signals, writings, images, and sounds of intelligence
1419of any nature by wire, radio, optical, audio equipment, or other
1420electromagnetic systems and includes all facilities and
1421equipment owned, leased, or used by judges, clerks, public
1422defenders, state attorneys, and all staff of the state courts
1423system, state attorneys' offices, public defenders' offices, and
1424clerks of the circuit and county courts performing court-related
1425functions. Such system or services shall include, but not be
1426limited to:
1427     1.  Telephone system infrastructure, including computer
1428lines, telephone switching equipment, and maintenance, and
1429facsimile equipment, wireless communications, cellular
1430telephones, pagers, and video teleconferencing equipment and
1431line charges. Each county shall continue to provide access to a
1432local carrier for local and long distance service and shall pay
1433toll charges for local and long distance service.
1434     2.  All computer networks, systems and equipment, including
1435computer hardware and software, modems, printers, wiring,
1436network connections, maintenance, support staff or services
1437including any county-funded support staff located in the offices
1438of the circuit court, county courts, state attorneys, and public
1439defenders, training, supplies, and line charges necessary for an
1440integrated computer system to support the operations and
1441management of the state courts system, the offices of the public
1442defenders, the offices of the state attorneys, and the offices
1443of the clerks of the circuit and county courts and the
1444capability to connect those entities and reporting data to the
1445state as required for the transmission of revenue, performance
1446accountability, case management, data collection, budgeting, and
1447auditing purposes. The integrated computer system shall be
1448operational by July 1, 2006, and, at a minimum, permit the
1449exchange of financial, performance accountability, case
1450management, case disposition, and other data across multiple
1451state and county information systems involving multiple users at
1452both the state level and within each judicial circuit and be
1453able to electronically exchange judicial case background data,
1454sentencing scoresheets, and video evidence information stored in
1455integrated case management systems over secure networks. Once
1456the integrated system becomes operational, counties may reject
1457requests to purchase communication services included in this
1458subparagraph not in compliance with standards, protocols, or
1459processes adopted by the board established pursuant to s.
146029.0086.
1461     3.  Courier messenger and subpoena services.
1462     4.  Auxiliary aids and services for qualified individuals
1463with a disability which are necessary to ensure access to the
1464courts. Such auxiliary aids and services include, but are not
1465limited to, sign language interpretation services required under
1466the federal Americans with Disabilities Act other than services
1467required to satisfy due process requirements and identified as a
1468state funding responsibility pursuant to ss. 29.004, 29.005,
146929.006, and 29.007, real-time transcription services for
1470individuals who are hearing impaired, and assistive listening
1471devices and the equipment necessary to implement such
1472accommodations.
1473     (g)  "Existing radio systems" includes, but is not limited
1474to, law enforcement radio systems that are used by the circuit
1475and county courts, the offices of the public defenders, the
1476offices of the state attorneys, and for court-related functions
1477of the offices of the clerks of the circuit and county courts.
1478This includes radio systems that were operational or under
1479contract at the time Revision No. 7, 1998, to Art. V of the
1480State Constitution was adopted and any enhancements made
1481thereafter, the maintenance of those systems, and the personnel
1482and supplies necessary for operation.
1483     (h)  "Existing multiagency criminal justice information
1484systems" includes, but is not limited to, those components of
1485the multiagency criminal justice information system as defined
1486in s. 943.045, supporting the offices of the circuit or county
1487courts, the public defenders' offices, the state attorneys'
1488offices, or those portions of the offices of the clerks of the
1489circuit and county courts performing court-related functions
1490that are used to carry out the court-related activities of those
1491entities. This includes upgrades and maintenance of the current
1492equipment, maintenance and upgrades of supporting technology
1493infrastructure and associated staff, and services and expenses
1494to assure continued information sharing and reporting of
1495information to the state. The counties shall also provide
1496additional information technology services, hardware, and
1497software as needed for new judges and staff of the state courts
1498system, state attorneys' offices, public defenders' offices, and
1499the offices of the clerks of the circuit and county courts
1500performing court-related functions.
1501     Section 18.  Subsection (2) of section 29.015, Florida
1502Statutes, is amended to read:
1503     29.015  Contingency fund; limitation of authority to
1504transfer funds in contracted due process services appropriation
1505categories.--
1506     (2)  In the event that a state attorney or public defender
1507incurs a deficit in a contracted due process services
1508appropriation category, the following steps shall be taken in
1509order:
1510     (a)  The state attorney or public defender shall first
1511attempt to identify surplus funds from other appropriation
1512categories within his or her office and submit a budget
1513amendment pursuant to chapter 216 to transfer funds from within
1514the office.
1515     (b)  In the event that the state attorney or public
1516defender is unable to identify surplus funds from within his or
1517her office, he or she shall certify this to the Justice
1518Administrative Commission along with a complete explanation of
1519the circumstances which led to the deficit and steps the office
1520has taken to reduce or alleviate the deficit. The Justice
1521Administrative Commission shall inquire as to whether any other
1522office has surplus funds in its contracted due process services
1523appropriation categories which can be transferred to the office
1524that is experiencing the deficit. If other offices indicate that
1525surplus funds are available within the same appropriation
1526category, the Justice Administrative Commission shall adjust the
1527initial allocation of funds among circuits provided that such
1528adjustment is not in conflict with specific direction provided
1529in the General Appropriations Act and shall provide notice to
1530the Governor and the chair and vice chair of the Legislative
1531Budget Commission at least 14 days prior to making the
1532adjustment. If funds are available from a different
1533appropriation category, the Justice Administrative Commission
1534shall request a budget amendment pursuant to all applicable
1535provisions of Chapter 216, Florida Statutes request a budget
1536amendment to transfer funds from the office or offices to
1537alleviate the deficit upon agreement of the contributing office
1538or offices.
1539     (c)  If no office indicates that surplus funds are
1540available to alleviate the deficit, the Justice Administrative
1541Commission may request a budget amendment to transfer funds from
1542the contingency fund. Such transfers shall be in accordance with
1543all applicable provisions of chapter 216 and shall be subject to
1544review and approval by the Legislative Budget Commission. The
1545Justice Administrative Commission shall submit the documentation
1546provided by the office explaining the circumstances that led to
1547the deficit and the steps taken by the office and the Justice
1548Administrative Commission to identify surplus funds to the
1549Legislative Budget Commission.
1550     Section 19.  Section 29.018, Florida Statutes, is amended
1551to read:
1552     29.018  Cost sharing of due-process services due process
1553costs; legislative intent.--It is the intent of the Legislature
1554to provide state-funded due-process due process services to the
1555state courts system, state attorneys, public defenders, and
1556court-appointed counsel in the most cost-effective and efficient
1557manner. The state courts system, state attorneys, public
1558defenders, and the Justice Administrative Commission on behalf
1559of court-appointed counsel may enter into contractual agreements
1560to share, on a pro rata basis, the costs associated with court
1561reporting services, court interpreter and translation services,
1562court experts, and all other due-process due process services
1563funded by the state pursuant to this chapter. These costs shall
1564be budgeted within the funds appropriated to each of the
1565affected users of services.
1566     Section 20.  Section 29.0185, Florida Statutes, is created
1567to read:
1568     29.0185  Provision of state-funded due-process services to
1569individuals.--Due-process services may not be provided with
1570state revenues to an individual unless the individual on whose
1571behalf the due-process services are being provided is eligible
1572for court-appointed counsel under s. 27.40, based upon a
1573determination of indigency under s. 27.52, regardless of whether
1574such counsel is appointed; or the individual on whose behalf the
1575due process services are being provided is eligible for court-
1576appointed counsel under s. 27.40, and has been determined
1577indigent for costs pursuant to s. 27.52.
1578     Section 21.  Subsection (1) of section 34.045, Florida
1579Statutes, is amended to read:
1580     34.045  Cost recovery; use of the county court for
1581ordinance or special law violations.--
1582     (1)(a)  In lieu of payment of a filing fee under s. 34.041,
1583a filing fee of $10 shall be paid by a county or municipality
1584when filing a violation of a county or municipal ordinance or a
1585violation of a special law in county court. This fee shall be
1586paid to the clerk of the court for performing court-related
1587functions. A county or municipality is not required to pay more
1588than one filing fee for a single filing against a single
1589defendant that contains multiple alleged violations. A filing
1590fee, other than that imposed under this section, may not be
1591assessed for initiating an enforcement proceeding in county
1592court for a violation of a county or municipal code or ordinance
1593or a violation of a special law.
1594     (b)  No other filing fee may be assessed for filing the
1595violation in county court. If a person contests the violation in
1596court, the court shall assess $40 in costs against the
1597nonprevailing party. The county or municipality shall be
1598considered the prevailing party when there is a plea or finding
1599of violation or guilt to any count or lesser included offense of
1600the charge or companion case charges, regardless of
1601adjudication. Costs Cost recovered pursuant to this paragraph
1602shall be deposited into the clerk's fine and forfeiture fund
1603established pursuant to s. 142.01.
1604     (c)  If the person does not contest the violation in court
1605or if the county or municipality is the prevailing party, the
1606court shall assess the person or nonprevailing party $10 for the
1607filing fee provided in paragraph (a), which amount shall be
1608forwarded to the county or municipality.
1609     Section 22.  Section 34.191, Florida Statutes, is amended
1610to read:
1611     34.191  Fines and forfeitures; dispositions.--
1612     (1)  All fines and forfeitures arising from offenses tried
1613in the county court shall be collected and accounted for by the
1614clerk of the court and, other than the charge provided in s.
1615318.1215, disbursed in accordance with ss. 28.2402, 34.045,
1616142.01, and 142.03 142.13 and subject to the provisions of s.
161728.246(5) and (6). Notwithstanding the provisions of this
1618section, all fines and forfeitures arising from operation of the
1619provisions of s. 318.1215 shall be disbursed in accordance with
1620that section.
1621     (2)  All fines and forfeitures received from violations of
1622municipal ordinances committed within a municipality within the
1623territorial jurisdiction of the county court, other than the
1624charge provided in s. 318.1215, shall be paid monthly to the
1625municipality except as provided in s. 28.2402(2), s. 34.045(2),
1626s. 318.21, or s. 943.25. A municipality does not include a
1627county having a consolidated government under s. 6(e), Art. VIII
1628of the State Constitution.
1629     (3)  All other fines and forfeitures collected by the
1630clerk, other than the charge provided in s. 318.1215, shall be
1631considered income of the office of the clerk for use in
1632performing court-related duties of the office.
1633     Section 23.  Subsection (3) of section 39.0132, Florida
1634Statutes, is amended to read:
1635     39.0132  Oaths, records, and confidential information.--
1636     (3)  The clerk shall keep all court records required by
1637this chapter separate from other records of the circuit court.
1638All court records required by this chapter shall not be open to
1639inspection by the public. All records shall be inspected only
1640upon order of the court by persons deemed by the court to have a
1641proper interest therein, except that, subject to the provisions
1642of s. 63.162, a child and the parents of the child and their
1643attorneys, guardian ad litem, law enforcement agencies, and the
1644department and its designees shall always have the right to
1645inspect and copy any official record pertaining to the child.
1646The Justice Administrative Commission may inspect court dockets
1647required by this chapter as necessary to audit compensation of
1648court-appointed attorneys. If the docket is insufficient for
1649purposes of the audit, the commission may petition the court for
1650additional documentation as necessary and appropriate. The court
1651may permit authorized representatives of recognized
1652organizations compiling statistics for proper purposes to
1653inspect and make abstracts from official records, under whatever
1654conditions upon their use and disposition the court may deem
1655proper, and may punish by contempt proceedings any violation of
1656those conditions.
1657     Section 24.  Subsection (1) of section 39.821, Florida
1658Statutes, is amended to read:
1659     39.821  Qualifications of guardians ad litem.--
1660     (1)  Because of the special trust or responsibility placed
1661in a guardian ad litem, the Guardian Ad Litem Program may use
1662any private funds collected by the program, or any state funds
1663so designated, to conduct a security background investigation
1664before certifying a volunteer to serve. A security background
1665investigation must include, but need not be limited to,
1666employment history checks, checks of references, local criminal
1667records checks through local law enforcement agencies, and
1668statewide criminal records checks through the Department of Law
1669Enforcement. Upon request, an employer shall furnish a copy of
1670the personnel record for the employee or former employee who is
1671the subject of a security background investigation conducted
1672under this section. The information contained in the personnel
1673record may include, but need not be limited to, disciplinary
1674matters and the reason why the employee was terminated from
1675employment. An employer who releases a personnel record for
1676purposes of a security background investigation is presumed to
1677have acted in good faith and is not liable for information
1678contained in the record without a showing that the employer
1679maliciously falsified the record. A security background
1680investigation conducted under this section must ensure that a
1681person is not certified as a guardian ad litem if the person has
1682been convicted of, regardless of adjudication, or entered a plea
1683of nolo contendere or guilty to, any offense prohibited under
1684the provisions of the Florida Statutes specified in s. 435.04(2)
1685or under any similar law in another jurisdiction. Before
1686certifying an applicant to serve as a guardian ad litem, the
1687Guardian Ad Litem Program chief judge of the circuit court may
1688request a federal criminal records check of the applicant
1689through the Federal Bureau of Investigation. In analyzing and
1690evaluating the information obtained in the security background
1691investigation, the program must give particular emphasis to past
1692activities involving children, including, but not limited to,
1693child-related criminal offenses or child abuse. The program has
1694the sole discretion in determining whether to certify a person
1695based on his or her security background investigation. The
1696information collected pursuant to the security background
1697investigation is confidential and exempt from s. 119.07(1).
1698     Section 25.  Section 39.822, Florida Statutes, is amended
1699to read:
1700     39.822  Appointment of guardian ad litem for abused,
1701abandoned, or neglected child.--
1702     (1)  A guardian ad litem shall be appointed by the court at
1703the earliest possible time to represent the child in any child
1704abuse, abandonment, or neglect judicial proceeding, whether
1705civil or criminal. Any person participating in a civil or
1706criminal judicial proceeding resulting from such appointment
1707shall be presumed prima facie to be acting in good faith and in
1708so doing shall be immune from any liability, civil or criminal,
1709that otherwise might be incurred or imposed.
1710     (2)  In those cases in which the parents are financially
1711able, the parent or parents of the child shall reimburse the
1712court, in part or in whole, for the cost of provision of
1713guardian ad litem services. Reimbursement to the individual
1714providing guardian ad litem services shall not be contingent
1715upon successful collection by the court from the parent or
1716parents.
1717     (3)  Upon presentation by a guardian ad litem of a court
1718order appointing the guardian ad litem:
1719     (a)  An agency, as defined in chapter 119, shall allow the
1720guardian ad litem to inspect and copy records related to the
1721best interests of the child who is the subject of the
1722appointment, including, but not limited to, confidential and
1723exempt records. The guardian ad litem shall maintain the
1724confidential and exempt status of any records shared by an
1725agency under this paragraph.
1726     (b)  A person or organization, other than an agency under
1727paragraph (a), shall allow the guardian ad litem to inspect and
1728copy records related to the best interests of the child who is
1729the subject of the appointment.
1730
1731For the purposes of this subsection, the term "records related
1732to the best interests of the child" includes, but is not limited
1733to, medical, mental health, substance abuse, child care,
1734education, law enforcement, court, social services, and
1735financial records.
1736     (4)(3)  The guardian ad litem or the program representative
1737shall review all disposition recommendations and changes in
1738placements, and must be present at all critical stages of the
1739dependency proceeding or submit a written report of
1740recommendations to the court. Written reports must be filed with
1741the court and served on all parties whose whereabouts are known
1742at least 72 hours prior to the hearing.
1743     Section 26.  Subsection (1) of section 40.29, Florida
1744Statutes, is amended to read:
1745     40.29  Payment of due process costs.--
1746     (1)(a)  Each clerk of the circuit court, on behalf of the
1747courts, the state attorney, and the public defender, shall
1748forward to the Justice Administrative Commission, by county, a
1749quarterly estimate of funds necessary to pay for ordinary
1750witnesses, including, but not limited to, witnesses in civil
1751traffic cases and witnesses of the state attorney, public
1752defender, court-appointed counsel, and persons determined to be
1753indigent for costs except expert witnesses paid pursuant to a
1754contract or other professional services agreement, pursuant to
1755ss. 29.005 and 29.006. Each quarter of the state fiscal year,
1756the commission, based upon the estimates, shall advance funds to
1757each clerk to pay for these ordinary witnesses from state funds
1758specifically appropriated for the payment of ordinary witnesses.
1759     (b)  Each clerk of the circuit court shall forward to the
1760Office of the State Courts Administrator, by county, a quarterly
1761estimate of funds necessary to pay juror compensation.
1762     Section 27.  Section 40.355, Florida Statutes, is created
1763to read:
1764     40.355  Accounting and payment to public defenders and
1765state attorneys.--The clerk of the court shall, within 2 weeks
1766after the last day of the state's fiscal year, render to the
1767state attorney and the public defender in each circuit a full
1768statement of accounts for moneys received and disbursed under
1769this chapter and, upon request of the state attorney or public
1770defender, shall refund to the state attorney or public defender
1771any balance.
1772     Section 28.  Subsection (7) is added to section 43.16,
1773Florida Statutes, to read:
1774     43.16  Justice Administrative Commission; membership,
1775powers and duties.--
1776     (7)  Chapter 120 does not apply to the Justice
1777Administrative Commission.
1778     Section 29.  Subsection (6) is added to section 43.26,
1779Florida Statutes, to read:
1780     43.26  Chief judge of circuit; selection; powers.--
1781     (6)  The chief judge of each circuit is charged by s. 2(d),
1782Article V of the Florida Constitution, and this section with the
1783authority to promote the prompt and efficient administration of
1784justice in the courts over which he or she is chief judge. The
1785clerks of court provide court-related functions which are
1786essential to the orderly administration of the judicial branch.
1787The chief judge of each circuit shall consult with each clerk of
1788court to determine the priority of services provided by the
1789clerk of court to the trial court pursuant to s. 28.35(4)(a).
1790     Section 30.  Paragraph (b) of subsection (4) of section
179144.102, Florida Statutes, is amended to read:
1792     44.102  Court-ordered mediation.--
1793     (4)  The chief judge of each judicial circuit shall
1794maintain a list of mediators who have been certified by the
1795Supreme Court and who have registered for appointment in that
1796circuit.
1797     (b)  Nonvolunteer mediators shall be compensated according
1798to rules adopted by the Supreme Court. If a mediation program is
1799funded pursuant to s. 44.108, a mediator may be compensated by
1800the county or by the parties. When a party has been declared
1801indigent or insolvent, that party's pro rata share of a
1802mediator's compensation shall be paid by the county at the rate
1803set by administrative order of the chief judge of the circuit.
1804     Section 31.  Section 44.108, Florida Statutes, is amended
1805to read:
1806     44.108  Funding of mediation and arbitration.--
1807     (1)  Mediation and arbitration should be accessible to all
1808parties regardless of financial status. A filing fee of $1 is
1809levied on all proceedings in the circuit or county courts to
1810fund mediation and arbitration services which are the
1811responsibility of the Supreme Court pursuant to the provisions
1812of s. 44.106. The clerk of the court shall forward the moneys
1813collected to the Department of Revenue for deposit in the state
1814courts' Mediation and Arbitration Trust Fund.
1815     (2)  When court-ordered mediation services are provided by
1816a circuit court's mediation program, the following fees, unless
1817otherwise established in the General Appropriations Act, shall
1818be collected by the clerk of court:
1819     (a)  Eighty dollars per person per scheduled session in
1820family mediation when the parties' combined income is greater
1821than $50,000, but less than $100,000 per year;
1822     (b)  Forty dollars per person per scheduled session in
1823family mediation when the parties' combined income is less than
1824$50,000; or
1825     (c)  Forty dollars per person per scheduled session in
1826county court cases.
1827
1828No mediation fees shall be assessed under this subsection in
1829residential eviction cases, against a party found to be
1830indigent, or for any small claims action. Fees collected by the
1831clerk of court pursuant to this section shall be remitted to the
1832Department of Revenue for deposit into the state courts'
1833Mediation and Arbitration Trust Fund to fund court-ordered
1834mediation. The clerk of court may deduct $1 per fee assessment
1835for processing this fee. The clerk of the court shall submit to
1836the chief judge of the circuit, no later than 30 days after the
1837end of each quarter, a report specifying the amount of funds
1838collected under this section during each quarter of the fiscal
1839year.
1840     Section 32.  Section 57.082, Florida Statutes, is created
1841to read:
1842     57.082  Determination of civil indigent status.--
1843     (1)  APPLICATION TO THE CLERK.--A person seeking
1844appointment of a private attorney in a civil case eligible for
1845court-appointed counsel, or seeking relief from prepayment of
1846fees and costs under s. 57.081, based upon an inability to pay
1847must apply to the clerk of the court for a determination of
1848civil indigent status using an application form developed by the
1849Florida Clerks of Court Operations Corporation with final
1850approval by the Supreme Court.
1851     (a)  The application must include, at a minimum, the
1852following financial information:
1853     1.  Net income, consisting of total salary and wages, minus
1854deductions required by law, including court-ordered support
1855payments.
1856     2.  Other income, including, but not limited to, social
1857security benefits, union funds, veterans' benefits, workers'
1858compensation, other regular support from absent family members,
1859public or private employee pensions, unemployment compensation,
1860dividends, interest, rent, trusts, and gifts.
1861     3.  Assets, including, but not limited to, cash, savings
1862accounts, bank accounts, stocks, bonds, certificates of deposit,
1863equity in real estate, and equity in a boat or a motor vehicle
1864or in other tangible property.
1865     4.  All liabilities and debts.
1866
1867The application must include a signature by the applicant which
1868attests to the truthfulness of the information provided. The
1869application form developed by the corporation must include
1870notice that the applicant may seek court review of a clerk's
1871determination that the applicant is not indigent, as provided in
1872this section.
1873     (b)  The clerk shall assist a person who appears before the
1874clerk and requests assistance in completing the application and
1875the clerk shall notify the court if a person is unable to
1876complete the application after the clerk has provided
1877assistance.
1878     (c)  The clerk shall accept an application that is signed
1879by the applicant and submitted on his or her behalf by a private
1880attorney who is representing the applicant in the applicable
1881matter.
1882     (2)  DETERMINATION BY THE CLERK.--The clerk of the court
1883shall determine whether an applicant seeking such designation is
1884indigent based upon the information provided in the application
1885and the criteria prescribed in this subsection.
1886     (a)1.  An applicant, including an applicant who is a minor
1887or an adult tax-dependent person, is indigent if the applicant's
1888income is equal to or below 200 percent of the then-current
1889federal poverty guidelines prescribed for the size of the
1890household of the applicant by the United States Department of
1891Health and Human Services.
1892     2.  There is a presumption that the applicant is not
1893indigent if the applicant owns, has equity in, or has the
1894expectancy of any interest in any intangible or tangible
1895personal property or real property.
1896     (b)  Based upon its review, the clerk shall make one of the
1897following determinations:
1898     1.  The applicant is not indigent.
1899     2.  The applicant is indigent.
1900     (c)  If the clerk determines that the applicant is
1901indigent, the clerk shall immediately file the determination in
1902the case record.
1903     (d)  The duty of the clerk in determining whether an
1904applicant is indigent is limited to receiving the application
1905and comparing the information provided in the application to the
1906criteria prescribed in this subsection. The determination of
1907indigent status is a ministerial act of the clerk and may not be
1908based on further investigation or the exercise of independent
1909judgment by the clerk. The clerk may contract with third parties
1910to perform functions assigned to the clerk under this section.
1911     (e)  The applicant may seek review of the clerk's
1912determination that the applicant is not indigent in the court
1913having jurisdiction over the matter by filing a petition to
1914review the clerk's determination of nonindigent status for which
1915a filing fee may not be charged. If the applicant seeks review
1916of the clerk's determination of indigent status, the court shall
1917make a final determination as provided in subsection (4).
1918     (3)  APPOINTMENT OF COUNSEL ON AN INTERIM BASIS.--If the
1919clerk of the court has not made a determination of indigent
1920status at the time a person requests appointment of a private
1921attorney in a civil case eligible for court-appointed counsel,
1922the court shall make a preliminary determination of indigent
1923status, pending further review by the clerk, and may, by court
1924order, appoint private counsel on an interim basis.
1925     (4)  REVIEW OF THE CLERK'S DETERMINATION.--
1926     (a)  If the clerk of the court determines that the
1927applicant is not indigent and the applicant seeks review of the
1928clerk's determination, the court shall make a final
1929determination of indigent status by reviewing the information
1930provided in the application against the criteria prescribed in
1931subsection (2) and by considering the following additional
1932factors:
1933     1.  Whether paying for private counsel or other fees and
1934costs creates a substantial hardship for the applicant or the
1935applicant's family.
1936     2.  Whether the applicant is proceeding pro se or is
1937represented by a private attorney for a fee or on a pro-bono
1938basis.
1939     3.  When the applicant retained private counsel.
1940     4.  The amount of any attorney's fees and who is paying the
1941fees.
1942     5.  Any other relevant financial circumstances of the
1943applicant or the applicant's family.
1944     (b)  Based upon its review, the court shall make one of the
1945following determinations and shall, if appropriate, appoint
1946private counsel:
1947     1.  The applicant is not indigent.
1948     2.  The applicant is indigent.
1949     (5)  PROCESSING CHARGE; PAYMENT PLANS.--A person who the
1950clerk or the court determines is indigent for civil proceedings
1951under this section shall, upon the request of the party, be
1952enrolled in a payment plan under s. 28.246 and shall be charged
1953a one-time administrative processing charge under s.
195428.24(26)(c). A monthly payment amount, calculated based upon
1955all fees and all anticipated costs, is presumed to correspond to
1956the person's ability to pay if it does not exceed 2 percent of
1957the person's annual net income, as defined in subsection (1),
1958divided by 12. The person may seek review of the clerk's
1959decisions regarding a payment plan established under s. 28.246
1960in the court having jurisdiction over the matter. A case may not
1961be impeded in any way, delayed in filing, or delayed in its
1962progress, including the final hearing and order, due to
1963nonpayment of any fees by an indigent person.
1964     (6)  FINANCIAL DISCREPANCIES; FRAUD; FALSE INFORMATION.--
1965     (a)  If the court learns of discrepancies between the
1966application and the actual financial status of the person found
1967to be indigent, the court shall determine whether the status and
1968any relief provided as a result of that status shall be revoked.
1969The person may be heard regarding the information learned by the
1970court. If the court, based on the information, determines that
1971the person is not indigent, the court shall revoke the provision
1972of any relief under this section.
1973     (b)  If the court has reason to believe that any applicant,
1974through fraud or misrepresentation, was improperly determined to
1975be indigent, the matter shall be referred to the state attorney.
1976Twenty-five percent of any amount recovered by the state
1977attorney as reasonable value of the services rendered, including
1978fees, charges, and costs paid by the state on the person's
1979behalf, shall be remitted to the Department of Revenue for
1980deposit into the Grants and Donations Trust Fund within the
1981Justice Administrative Commission for appropriation by the
1982Legislature to the state attorney. Seventy-five percent of any
1983amount recovered shall be remitted to the Department of Revenue
1984for deposit into the General Revenue Fund.
1985     (c)  A person who knowingly provides false information to
1986the clerk or the court in seeking a determination of indigent
1987status under this section commits a felony of the third degree,
1988punishable as provided in s. 775.082 or s. 775.083.
1989     Section 33.  Subsection (1) of section 92.142, Florida
1990Statutes, is amended to read:
1991     92.142  Witnesses; pay.--
1992     (1)  Witnesses in all cases, civil and criminal, in all
1993courts, now or hereafter created, and witnesses summoned before
1994any arbitrator or general or special magistrate appointed by the
1995court shall receive for each day's actual attendance $5 and also
19966 cents per mile for actual distance traveled to and from the
1997courts. A witness in a criminal case required to appear in a
1998county other than the county of his or her residence and
1999residing more than 50 miles from the location of the trial shall
2000be entitled to per diem and travel expenses at the same rate
2001provided for state employees under s. 112.061, in lieu of any
2002other witness fee at the discretion of the court.
2003     Section 34.  Subsections (2) and (3) of section 92.231,
2004Florida Statutes, are amended to read:
2005     92.231  Expert witnesses; fee.--
2006     (2)  Any expert or skilled witness who shall have testified
2007in any cause shall be allowed a witness fee including the cost
2008of any exhibits used by such witness in an amount agreed to by
2009the parties, and the same shall be taxed as costs. In instances
2010where services are provided for the state, including for state-
2011paid private court-appointed counsel, payment from state funds
2012shall be in accordance with standards adopted by the Legislature
2013after receiving recommendations from the Article V Indigent
2014Services Advisory Board.
2015     (3)  In a criminal case in which the state or an indigent
2016defendant requires the services of an expert witness whose
2017opinion is relevant to the issues of the case, the expert
2018witness shall be compensated in accordance with standards
2019adopted by the Legislature after receiving recommendations from
2020the Article V Indigent Services Advisory Board.
2021     Section 35.  Subsection (1) of section 116.01, Florida
2022Statutes, is amended to read:
2023     116.01  Payment of public funds into treasury.--
2024     (1)  Every state and county officer within this state
2025authorized to collect funds due the state or county shall pay
2026all sums officially received by the officer into the state or
2027county treasury not later than 7 working days from the close of
2028the week in which the officer received the funds. Funds received
2029by the county officer on behalf of the state shall be deposited
2030directly to the account of the State Treasury not later than 7
2031working days from the close of the week in which the officer
2032received the funds. The clerk of the court, when collecting
2033funds as part of the clerk's court-related functions, must remit
2034those funds as required under s. 28.245.
2035     Section 36.  Paragraph (gg) of subsection (6) of section
2036119.07, Florida Statutes, is amended to read:
2037     119.07  Inspection and copying of records; photographing
2038public records; fees; exemptions.--
2039     (6)
2040     (gg)1.  Until January 1, 2007 2006, if a social security
2041number, made confidential and exempt pursuant to s. 119.0721,
2042created pursuant to s. 1, ch. 2002-256, passed during the 2002
2043regular legislative session, or a complete bank account, debit,
2044charge, or credit card number made exempt pursuant to paragraph
2045(dd), created pursuant to s. 1, ch. 2002-257, passed during the
20462002 regular legislative session, is or has been included in a
2047court file, such number may be included as part of the court
2048record available for public inspection and copying unless
2049redaction is requested by the holder of such number, or by the
2050holder's attorney or legal guardian, in a signed, legibly
2051written request specifying the case name, case number, document
2052heading, and page number. The request must be delivered by mail,
2053facsimile, electronic transmission, or in person to the clerk of
2054the circuit court. The clerk of the circuit court does not have
2055a duty to inquire beyond the written request to verify the
2056identity of a person requesting redaction. A fee may not be
2057charged for the redaction of a social security number or a bank
2058account, debit, charge, or credit card number pursuant to such
2059request.
2060     2.  Any person who prepares or files a document to be
2061recorded in the official records by the county recorder as
2062provided in chapter 28 may not include a person's social
2063security number or complete bank account, debit, charge, or
2064credit card number in that document unless otherwise expressly
2065required by law. Until January 1, 2007 2006, if a social
2066security number or a complete bank account, debit, charge or
2067credit card number is or has been included in a document
2068presented to the county recorder for recording in the official
2069records of the county, such number may be made available as part
2070of the official record available for public inspection and
2071copying. Any person, or his or her attorney or legal guardian,
2072may request that a county recorder remove from an image or copy
2073of an official record placed on a county recorder's publicly
2074available Internet website, or a publicly available Internet
2075website used by a county recorder to display public records
2076outside the office or otherwise made electronically available
2077outside the county recorder's office to the general public, his
2078or her social security number or complete account, debit,
2079charge, or credit card number contained in that official record.
2080Such request must be legibly written, signed by the requester,
2081and delivered by mail, facsimile, electronic transmission, or in
2082person to the county recorder. The request must specify the
2083identification page number of the document that contains the
2084number to be redacted. The county recorder does not have a duty
2085to inquire beyond the written request to verify the identity of
2086a person requesting redaction. A fee may not be charged for
2087redacting such numbers.
2088     3.  Upon the effective date of this act, subsections (3)
2089and (4) of s. 119.0721, do not apply to the clerks of the court
2090or the county recorder with respect to circuit court records and
2091official records.
2092     4.  On January 1, 2007 2006, and thereafter, the clerk of
2093the circuit court and the county recorder must keep complete
2094bank account, debit, charge, and credit card numbers exempt as
2095provided for in paragraph (dd), and must keep social security
2096numbers confidential and exempt as provided for in s. 119.0721,
2097without any person having to request redaction.
2098     Section 37.  Subsection (4) of section 142.01, Florida
2099Statutes, is amended to read:
2100     142.01  Fine and forfeiture fund; clerk of the circuit
2101court.--There shall be established by the clerk of the circuit
2102court in each county of this state a separate fund to be known
2103as the fine and forfeiture fund for use by the clerk of the
2104circuit court in performing court-related functions. The fund
2105shall consist of the following:
2106     (4)  Proceeds from forfeited bail bonds, unclaimed bonds,
2107unclaimed moneys, or recognizances pursuant to ss. 321.05(4)(a),
2108372.72(1), and 903.26(3)(a).
2109
2110Notwithstanding the provisions of this section, all fines and
2111forfeitures arising from operation of the provisions of s.
2112318.1215 shall be disbursed in accordance with that section.
2113     Section 38.  Subsection (5) is added to section 213.13,
2114Florida Statutes, to read:
2115     213.13  Electronic remittance and distribution of funds
2116collected by clerks of the court.--
2117     (5)  All court-related collections, including fees, fines,
2118reimbursements, court costs, and other court-related funds that
2119the clerks must remit to the state pursuant to law, must be
2120transmitted electronically by the 20th day of the month
2121immediately following the month in which the funds are
2122collected.
2123     Section 39.  Section 219.07, Florida Statutes, is amended
2124to read:
2125     219.07  Disbursements.--Each officer shall, not later than
21267 working days from the close of the week in which the officer
2127received the funds, distribute the money which is required to be
2128paid to other officers, agencies, funds, or persons entitled to
2129receive the same; provided, that distributions or partial
2130distributions may be made more frequently; and provided further,
2131that money required by law or court order, or by the purpose for
2132which it was collected, to be held and disbursed for a
2133particular purpose in a manner different from that set out
2134herein shall be held and disbursed accordingly. Further, money
2135collected by the county officer on behalf of the state, except
2136for money collected by the clerk of the court as part of court-
2137related functions, shall be deposited directly to the account of
2138the State Treasury not later than 7 working days from the close
2139of the week in which the officer received the funds. The clerk
2140of the court, when collecting money as part of the clerk's
2141court-related functions, must remit that money as required under
2142s. 28.245.
2143     Section 40.  Subsection (1) of section 219.075, Florida
2144Statutes, is amended to read:
2145     219.075  Investment of surplus funds by county officers.--
2146     (1)(a)  Except when another procedure is prescribed by law
2147or by ordinance as to particular funds, a tax collector or any
2148other county officer having, receiving, or collecting any money,
2149either for his or her office or on behalf of and subject to
2150subsequent distribution to another officer of state or local
2151government, while such money is in excess of that required to
2152meet current expenses or is pending distribution, shall invest
2153such money, without limitation, as provided in s. 218.415.
2154     (b)  These investments shall be planned so as not to slow
2155the normal distribution of the subject funds. The investment
2156earnings shall be reasonably apportioned and allocated and shall
2157be credited to the account of, and paid to, the office or
2158distributee, together with the principal on which such earnings
2159accrued.
2160     (c)  This section does not apply to the clerk of the
2161circuit court with respect to money collected as part of the
2162clerk's court-related functions. The clerk, however, shall remit
2163this money as provided under s. 28.245.
2164     Section 41.  Section 318.121, Florida Statutes, is amended
2165to read:
2166     318.121  Preemption of additional fees, fines, surcharges,
2167and costs.--Notwithstanding any general or special law, or
2168municipal or county ordinance, additional fees, fines,
2169surcharges, or costs other than the court costs and surcharges
2170assessed under s. 318.18(11) and (13), may not be added to the
2171civil traffic penalties assessed in this chapter.
2172     Section 42.  Subsection (13) of section 318.18, Florida
2173Statutes, is amended to read:
2174     318.18  Amount of civil penalties.--The penalties required
2175for a noncriminal disposition pursuant to s. 318.14 are as
2176follows:
2177     (13)  In addition to any penalties imposed for noncriminal
2178traffic infractions pursuant to this chapter or imposed for
2179criminal violations listed in s. 318.17, a board of county
2180commissioners or any unit of local government which is
2181consolidated as provided by s. 9, Art. VIII of the State
2182Constitution of 1885, as preserved by s. 6(e), Art. VIII of the
2183Constitution of 1968:
2184     (a)  May impose by ordinance a surcharge of up to $15 for
2185any infraction or violation to fund state court facilities. The
2186court shall not waive this surcharge.
2187     (b)  That imposed increased fees or service charges by
2188ordinance under s. 28.2401, s. 28.241, or s. 34.041 for the
2189purpose of securing payment of the principal and interest on
2190bonds issued by the county before July 1, 2003, to finance state
2191court facilities, may impose by ordinance a surcharge for any
2192infraction or violation for the exclusive purpose of securing
2193payment of the principal and interest on bonds issued by the
2194county before July 1, 2003, to fund state court facilities until
2195the date of stated maturity. The court shall not waive this
2196surcharge. Such surcharge may not exceed an amount per violation
2197calculated as the quotient of the maximum annual payment of the
2198principal and interest on the bonds as of July 1, 2003, divided
2199by the number of traffic citations for county fiscal year 2002-
22002003 certified as paid by the clerk of the court of the county.
2201Such quotient shall be rounded up to the next highest dollar
2202amount. The bonds may be refunded only if savings will be
2203realized on payments of debt service and the refunding bonds are
2204scheduled to mature on the same date or before the bonds being
2205refunded.
2206
2207A county may not impose both of the surcharges authorized under
2208paragraphs (a) and (b) concurrently. The clerk of court shall
2209report, no later than 30 days after the end of the quarter, the
2210amount of funds collected under this subsection during each
2211quarter of the fiscal year. The clerk shall submit the report,
2212in a format developed by the Office of State Courts
2213Administrator, to the chief judge of the circuit, the Governor,
2214the President of the Senate, and the Speaker of the House of
2215Representatives.
2216     Section 43.  Paragraph (g) of subsection (2) of section
2217318.21, Florida Statutes, is amended to read:
2218     318.21  Disposition of civil penalties by county
2219courts.--All civil penalties received by a county court pursuant
2220to the provisions of this chapter shall be distributed and paid
2221monthly as follows:
2222     (2)  Of the remainder:
2223     (g)1.  If the violation occurred within a special
2224improvement district of the Seminole Indian Tribe or Miccosukee
2225Indian Tribe, 56.4 percent shall be paid to that special
2226improvement district.
2227     2.  If the violation occurred within a municipality, 50.8
2228percent shall be paid to that municipality and 5.6 percent shall
2229be deposited into the fine and forfeiture trust fund established
2230pursuant to s. 142.01.
2231     3.  If the violation occurred within the unincorporated
2232area of a county, including the unincorporated area of a county
2233having a consolidated government under s. 6(e), Article VIII of
2234the State Constitution, that is not within a special improvement
2235district of the Seminole Indian Tribe or Miccosukee Indian
2236Tribe, 56.4 percent shall be deposited into the fine and
2237forfeiture fund established pursuant to s. 142.01.
2238     Section 44.  Section 318.31, Florida Statutes, is amended
2239to read:
2240     318.31  Objectives.--The Supreme Court is hereby requested
2241to adopt rules and procedures for the establishment and
2242operation of Civil Traffic Infraction Hearing Officer Programs
2243under ss. 318.30-318.38. However, the appointment of a hearing
2244officer shall be at the option of the county electing to
2245establish such a program, upon recommendation by the county
2246court judge or judges, as the case may be, and the Chief Judge
2247of the Circuit and approval by the Chief Justice of the Supreme
2248Court.
2249     Section 45.  Section 318.325, Florida Statutes, is amended
2250to read:
2251     318.325  Jurisdiction and procedure for parking
2252infractions.--Any county or municipality may adopt an ordinance
2253that allows the county or municipality to refer cases involving
2254the violation of a county or municipal parking ordinance to a
2255hearing officer funded by the county or municipality.
2256Notwithstanding the provisions of ss. 318.14 and 775.08(3), any
2257parking violation shall be deemed to be an infraction as defined
2258in s. 318.13(3). However, the violation must be enforced and
2259disposed of in accordance with the provisions of general law
2260applicable to parking violations and with the charter or code of
2261the county or municipality where the violation occurred. The
2262clerk of the court or the designated traffic violations bureau
2263must collect and distribute the fines, forfeitures, and court
2264costs assessed under this section.
2265     Section 46.  Subsection (2) of section 322.29, Florida
2266Statutes, is amended to read:
2267     322.29  Surrender and return of license.--
2268     (2)  The provisions of subsection (1) to the contrary
2269notwithstanding, no examination is required for the return of a
2270license suspended under s. 318.15 or s. 322.245 unless an
2271examination is otherwise required by this chapter. Every person
2272applying for the return of a license suspended under s. 318.15
2273or s. 322.245 shall present to the department certification from
2274the court that he or she has complied with all obligations and
2275penalties imposed on him or her pursuant to s. 318.15 or, in the
2276case of a suspension pursuant to s. 322.245, that he or she has
2277complied with all directives of the court and the requirements
2278of s. 322.245 and shall pay to the department a nonrefundable
2279service fee of $47.50 $35, of which $38.50 $25 shall be
2280deposited into the General Revenue Fund and $10 shall be
2281deposited into the Highway Safety Operating Trust Fund. If
2282reinstated by the clerk of the court or tax collector, $37.50
2283$25 shall be retained and $10 shall be remitted to the
2284Department of Revenue for deposit into the Highway Safety
2285Operating Trust Fund. However, the service fee is not required
2286if the person is required to pay a $35 fee or $60 fee under the
2287provisions of s. 322.21.
2288     Section 47.  Subsection (1) of section 372.72, Florida
2289Statutes, is amended to read:
2290     372.72  Disposition of fines, penalties, and forfeitures.--
2291     (1)  All moneys collected from fines, penalties, proceeds
2292from unclaimed bonds, or forfeitures of bail of persons
2293convicted under this chapter shall be deposited in the fine and
2294forfeiture fund established pursuant to s. 142.01 where such
2295convictions are had, except for the disposition of moneys as
2296provided in subsection (2).
2297     Section 48.  Subsection (8) of section 903.26, Florida
2298Statutes, is amended to read:
2299     903.26  Forfeiture of the bond; when and how directed;
2300discharge; how and when made; effect of payment.--
2301     (8)  If the defendant is arrested and returned to the
2302county of jurisdiction of the court prior to judgment, the
2303clerk, upon affirmation by the sheriff or the chief correctional
2304officer, shall, without further order of the court, discharge
2305the forfeiture of the bond. However, if the surety agent fails
2306to pay the costs and expenses incurred in returning the
2307defendant to the county of jurisdiction, the clerk shall not
2308discharge the forfeiture of the bond. If the surety agent and
2309the sheriff state attorney fail to agree on the amount of said
2310costs, then the court, after notice to the sheriff and the state
2311attorney, shall determine the amount of the costs.
2312     Section 49.  Section 903.28, Florida Statutes, is amended
2313to read:
2314     903.28  Remission of forfeiture; conditions.--
2315     (1)  On application within 2 years from forfeiture, the
2316court shall order remission of the forfeiture if it determines
2317that there was no breach of the bond.
2318     (2)  If the defendant surrenders or is apprehended within
231990 days after forfeiture, the court, on motion at a hearing upon
2320notice having been given to the clerk of the circuit court
2321county attorney and the state attorney as required in subsection
2322(8), shall direct remission of up to, but not more than, 100
2323percent of a forfeiture if the surety apprehended and
2324surrendered the defendant or if the apprehension or surrender of
2325the defendant was substantially procured or caused by the
2326surety, or the surety has substantially attempted to procure or
2327cause the apprehension or surrender of the defendant, and the
2328delay has not thwarted the proper prosecution of the defendant.
2329In addition, remission shall be granted when the surety did not
2330substantially participate or attempt to participate in the
2331apprehension or surrender of the defendant when the costs of
2332returning the defendant to the jurisdiction of the court have
2333been deducted from the remission and when the delay has not
2334thwarted the proper prosecution of the defendant.
2335     (3)  If the defendant surrenders or is apprehended within
2336180 days after forfeiture, the court, on motion at a hearing
2337upon notice having been given to the clerk of the circuit court
2338county attorney and the state attorney as required in subsection
2339(8), shall direct remission of up to, but not more than, 95
2340percent of a forfeiture if the surety apprehended and
2341surrendered the defendant or if the apprehension or surrender of
2342the defendant was substantially procured or caused by the
2343surety, or the surety has substantially attempted to procure or
2344cause the apprehension or surrender of the defendant, and the
2345delay has not thwarted the proper prosecution of the defendant.
2346In addition, remission shall be granted when the surety did not
2347substantially participate or attempt to participate in the
2348apprehension or surrender of the defendant when the costs of
2349returning the defendant to the jurisdiction of the court have
2350been deducted from the remission and when the delay has not
2351thwarted the proper prosecution of the defendant.
2352     (4)  If the defendant surrenders or is apprehended within
2353270 days after forfeiture, the court, on motion at a hearing
2354upon notice having been given to the clerk of the circuit court
2355county attorney and the state attorney as required in subsection
2356(8), shall direct remission of up to, but not more than, 90
2357percent of a forfeiture if the surety apprehended and
2358surrendered the defendant or if the apprehension or surrender of
2359the defendant was substantially procured or caused by the
2360surety, or the surety has substantially attempted to procure or
2361cause the apprehension or surrender of the defendant, and the
2362delay has not thwarted the proper prosecution of the defendant.
2363In addition, remission shall be granted when the surety did not
2364substantially participate or attempt to participate in the
2365apprehension or surrender of the defendant when the costs of
2366returning the defendant to the jurisdiction of the court have
2367been deducted from the remission and when the delay has not
2368thwarted the proper prosecution of the defendant.
2369     (5)  If the defendant surrenders or is apprehended within 1
2370year after forfeiture, the court, on motion at a hearing upon
2371notice having been given to the clerk of the circuit court
2372county attorney and the state attorney as required in subsection
2373(8), shall direct remission of up to, but not more than, 85
2374percent of a forfeiture if the surety apprehended and
2375surrendered the defendant or if the apprehension or surrender of
2376the defendant was substantially procured or caused by the
2377surety, or the surety has substantially attempted to procure or
2378cause the apprehension or surrender of the defendant, and the
2379delay has not thwarted the proper prosecution of the defendant.
2380In addition, remission shall be granted when the surety did not
2381substantially participate or attempt to participate in the
2382apprehension or surrender of the defendant when the costs of
2383returning the defendant to the jurisdiction of the court have
2384been deducted from the remission and when the delay has not
2385thwarted the proper prosecution of the defendant.
2386     (6)  If the defendant surrenders or is apprehended within 2
2387years after forfeiture, the court, on motion at a hearing upon
2388notice having been given to the clerk of the circuit court
2389county attorney and the state attorney as required in subsection
2390(8), shall direct remission of up to, but not more than, 50
2391percent of a forfeiture if the surety apprehended and
2392surrendered the defendant or if the apprehension or surrender of
2393the defendant was substantially procured or caused by the
2394surety, or the surety has substantially attempted to procure or
2395cause the apprehension or surrender of the defendant, and the
2396delay has not thwarted the proper prosecution of the defendant.
2397In addition, remission shall be granted when the surety did not
2398substantially participate or attempt to participate in the
2399apprehension or surrender of the defendant when the costs of
2400returning the defendant to the jurisdiction of the court have
2401been deducted from the remission and when the delay has not
2402thwarted the proper prosecution of the defendant.
2403     (7)  The remission of a forfeiture may not be ordered for
2404any reason other than as specified herein.
2405     (8)  An application for remission must be accompanied by
2406affidavits setting forth the facts on which it is founded;
2407however, the surety must establish by further documentation or
2408other evidence any claimed attempt at procuring or causing the
2409apprehension or surrender of the defendant before the court may
2410order remission based upon an attempt to procure or cause such
2411apprehension or surrender. The clerk of the circuit court and
2412the state attorney must be given 20 days' notice before a
2413hearing on an application and be furnished copies of all papers,
2414applications, and affidavits. Remission shall be granted on the
2415condition of payment of costs, unless the ground for remission
2416is that there was no breach of the bond.
2417     (9)  The clerk of the circuit is the real party in interest
2418for all appeals arising from an action for the remission of a
2419forfeiture under this section.
2420     Section 50.  Section 916.115, Florida Statutes, is amended
2421to read:
2422     916.115  Appointment of experts.--
2423     (1)(a)  Annually, the department shall provide the courts
2424with a list of mental health professionals who have completed
2425approved training as experts.
2426     (b)  The court may appoint no more than three nor fewer
2427than two experts to determine issues of the mental condition of
2428a defendant in a criminal case, including the issues of
2429competency to proceed, insanity, and involuntary hospitalization
2430or placement. An expert The panel of experts may evaluate the
2431defendant in jail or in another appropriate local facility.
2432     (c)  To the extent possible, an the appointed expert
2433experts shall have completed forensic evaluator training
2434approved by the department and be either a psychiatrist,
2435licensed psychologist, or physician.
2436     (2)  Expert witnesses appointed by the court to evaluate
2437the mental condition of a defendant in a criminal case shall be
2438allowed reasonable fees for services rendered as evaluators of
2439competence or sanity and as witnesses, which shall be paid by
2440the county in which the indictment was found or the information
2441or affidavit was filed.
2442     (a)1.  The court shall pay for any expert that it appoints
2443by court order, upon motion of counsel for the defendant or the
2444state or upon its own motion, using funds specifically
2445appropriated on behalf of the state courts for due process
2446costs. If the defense or the state retains an expert and waives
2447the confidentiality of the expert's report, the court may pay
2448for no more than two additional experts appointed by court
2449order. If an expert appointed by the court upon motion of
2450counsel for the defendant specifically to evaluate the
2451competence of the defendant to proceed also addresses in his or
2452her evaluation issues related to sanity as an affirmative
2453defense, the court shall pay only for that portion of the
2454experts' fees relating to the evaluation on competency to
2455proceed and the balance of the fees shall be chargeable to the
2456defense.
2457     2.  Pursuant to s. 29.006, the office of the public
2458defender shall pay for any expert retained by the office.
2459     3.  Pursuant to s. 29.005, the office of the state attorney
2460shall pay for any expert retained by the office. Notwithstanding
2461subparagraph 1., the office of the state attorney shall pay for
2462any expert whom the office retains and whom the office moves the
2463court to appoint in order to ensure that the expert has access
2464to the defendant.
2465     4.  An expert retained by the defendant who is represented
2466by private counsel appointed under s. 27.5303 shall be paid by
2467the Justice Administrative Commission from funds specifically
2468appropriated for such expenses.
2469     5.  An expert retained by a defendant who is indigent for
2470costs as determined by the court and who is represented by
2471private counsel, other than private counsel appointed under s.
247227.5303, on a fee or pro bono basis, or who is representing
2473himself or herself, shall be paid by the Justice Administrative
2474Commission from funds specifically appropriated for these
2475expenses.
2476     (b)  State employees shall be paid expenses pursuant to s.
2477112.061.
2478     (c)  The fees shall be taxed as costs in the case.
2479     (d)  In order for an expert the experts to be paid for the
2480services rendered, the expert's report reports and testimony
2481must explicitly address each of the factors and follow the
2482procedures set out in this chapter and in the Florida Rules of
2483Criminal Procedure.
2484     Section 51.  Subsections (2), (3), and (4) of section
2485916.12, Florida Statutes, are amended to read:
2486     916.12  Mental competence to proceed.--
2487     (2)  An expert The experts shall first determine whether
2488the person is mentally ill and, if so, consider the factors
2489related to the issue of whether the defendant meets the criteria
2490for competence to proceed; that is, whether the defendant has
2491sufficient present ability to consult with counsel with a
2492reasonable degree of rational understanding and whether the
2493defendant has a rational, as well as factual, understanding of
2494the pending proceedings. A defendant must be evaluated by no
2495fewer than two experts before the court commits the defendant or
2496takes other action authorized by this chapter or the Florida
2497Rules of Criminal Procedure, except if one expert finds that the
2498defendant is incompetent to proceed and the parties stipulate to
2499that finding, the court may commit the defendant or take other
2500action authorized by this chapter or the rules without further
2501evaluation or hearing, or the court may appoint no more than two
2502additional experts to evaluate the defendant. Notwithstanding
2503any stipulation by the state and the defendant, the court may
2504require a hearing with testimony from the expert or experts
2505before ordering the commitment of a defendant.
2506     (3)  In considering the issue of competence to proceed, an
2507the examining expert experts shall first consider and
2508specifically include in his or her their report the defendant's
2509capacity to:
2510     (a)  Appreciate the charges or allegations against the
2511defendant;
2512     (b)  Appreciate the range and nature of possible penalties,
2513if applicable, that may be imposed in the proceedings against
2514the defendant;
2515     (c)  Understand the adversarial nature of the legal
2516process;
2517     (d)  Disclose to counsel facts pertinent to the proceedings
2518at issue;
2519     (e)  Manifest appropriate courtroom behavior; and
2520     (f)  Testify relevantly;
2521
2522and include in his or her their report any other factor deemed
2523relevant by the expert experts.
2524     (4)  If an expert finds the experts should find that the
2525defendant is incompetent to proceed, the expert experts shall
2526report on any recommended treatment for the defendant to attain
2527competence to proceed. In considering the issues relating to
2528treatment, the examining expert experts shall specifically
2529report on:
2530     (a)  The mental illness causing the incompetence;
2531     (b)  The treatment or treatments appropriate for the mental
2532illness of the defendant and an explanation of each of the
2533possible treatment alternatives in order of choices;
2534     (c)  The availability of acceptable treatment and, if
2535treatment is available in the community, the expert shall so
2536state in the report; and
2537     (d)  The likelihood of the defendant's attaining competence
2538under the treatment recommended, an assessment of the probable
2539duration of the treatment required to restore competence, and
2540the probability that the defendant will attain competence to
2541proceed in the foreseeable future.
2542     Section 52.  Subsection (7) of section 916.301, Florida
2543Statutes, is amended to read:
2544     916.301  Appointment of experts.--
2545     (7)  Expert witnesses appointed by the court to evaluate
2546the mental condition of a defendant in a criminal case shall be
2547allowed reasonable fees for services rendered as evaluators and
2548as witnesses, which shall be paid by the court county in which
2549the indictment was found or the information or affidavit was
2550filed. State employees shall be paid expenses pursuant to s.
2551112.061. The fees shall be taxed as costs in the case. In order
2552for the experts to be paid for the services rendered, the
2553reports and testimony must explicitly address each of the
2554factors and follow the procedures set out in this chapter and in
2555the Florida Rules of Criminal Procedure.
2556     Section 53.  Paragraph (b) of subsection (2) of section
2557938.29, Florida Statutes, is amended to read:
2558     938.29  Legal assistance; lien for payment of attorney's
2559fees or costs.--
2560     (2)
2561     (b)  A judgment showing the name and residence of the
2562defendant-recipient or parent shall be recorded in the public
2563record, without cost, by filed for record in the office of the
2564clerk of the circuit court in the county where the defendant-
2565recipient or parent resides and in each county in which such
2566defendant-recipient or parent then owns or later acquires any
2567property. Such judgments shall be enforced on behalf of the
2568state by the clerk of the circuit court of the county in which
2569assistance was rendered.
2570     Section 54.  Section 939.06, Florida Statutes, is amended
2571to read:
2572     939.06  Acquitted defendant not liable for costs.--
2573     (1)  A No defendant in a criminal prosecution who is
2574acquitted or discharged is not shall be liable for any costs or
2575fees of the court or any ministerial office, or for any charge
2576of subsistence while detained in custody. If the defendant has
2577shall have paid any taxable costs, or fees required under s.
257827.52(1)(b), in the case, the clerk or judge shall give him or
2579her a certificate of the payment of such costs, with the items
2580thereof, which, when audited and approved according to law,
2581shall be refunded to the defendant.
2582     (2)  To receive a refund under this section, a defendant
2583must submit a request for the refund to the Justice
2584Administrative Commission on a form and in a manner prescribed
2585by the commission. The defendant must attach to the form an
2586order from the court demonstrating the defendant's right to the
2587refund and the amount of the refund.
2588     Section 55.  Subsection (2) of section 985.05, Florida
2589Statutes, is amended to read:
2590     985.05  Court records.--
2591     (2)  The clerk shall keep all official records required by
2592this section separate from other records of the circuit court,
2593except those records pertaining to motor vehicle violations,
2594which shall be forwarded to the Department of Highway Safety and
2595Motor Vehicles. Except as provided in ss. 943.053 and 985.04(4),
2596official records required by this part are not open to
2597inspection by the public, but may be inspected only upon order
2598of the court by persons deemed by the court to have a proper
2599interest therein, except that a child and the parents,
2600guardians, or legal custodians of the child and their attorneys,
2601law enforcement agencies, the Department of Juvenile Justice and
2602its designees, the Parole Commission, and the Department of
2603Corrections, and the Justice Administrative Commission shall
2604always have the right to inspect and copy any official record
2605pertaining to the child. The court may permit authorized
2606representatives of recognized organizations compiling statistics
2607for proper purposes to inspect, and make abstracts from,
2608official records under whatever conditions upon the use and
2609disposition of such records the court may deem proper and may
2610punish by contempt proceedings any violation of those
2611conditions.
2612     Section 56.  Compensation to traffic court witnesses.--Any
2613party who secures the attendance of a witness in traffic court
2614shall bear all costs of calling the witness, including witness
2615fees. If the witness is required to testify on behalf of the
2616prosecution, the office of the state attorney of the respective
2617judicial circuit shall pay the fees and costs of calling the
2618witness.
2619     Section 57.  Recovery of expenditures for state-funded
2620services.--The trial court administrator of each circuit may
2621recover expenditures for state-funded services when those
2622services have been furnished to a user of the state court system
2623who possesses the present ability to pay. The rate of
2624compensation for such services shall be the actual cost of the
2625services, including the cost of recovery. The trial court
2626administrator shall deposit moneys recovered under this section
2627in the Grants and Donations Trust Fund within the state court
2628system. The trial court administrator may recover the costs of
2629court-reporter services and transcription; court-interpreter
2630services, including translation; and any other service for which
2631state funds were used to provide a product or service within the
2632circuit. This section does not authorize cost recovery from
2633entities described in ss. 29.005, 29.006, and 29.007.
2634     Section 58.  The amendments to ss. 34.191(2) and
2635318.21(2)(g)3., Florida Statutes, as made by this act are
2636intended to reiterate the original intent of the Legislature in
2637enacting such provisions of law.
2638     Section 59.  Sections 29.014 and 318.37, Florida Statutes,
2639are repealed.
2640     Section 60.  This act shall take effect July 1, 2005.


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