October 22, 2020
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HB 1935 CS

CHAMBER ACTION




1 The Justice Appropriations Committee recommends the following:
2
3      Council/Committee Substitute
4      Remove the entire bill and insert:
5
A bill to be entitled
6 An act relating to the state judicial system; amending s.
7 27.40, F.S., relating to circuit registries for court-
8 appointed counsel; requiring that an attorney enter into a
9 contract to be included on the registry; revising
10 requirements for private court-appointed counsel;
11 requiring the Justice Administrative Commission to approve
12 uniform procedures and forms for use in billing for
13 attorney's fees, costs, and related expenses; requiring
14 that a withdrawal order be filed with the commission;
15 revising fee payment provisions; providing that withdrawal
16 from a case creates a rebuttable presumption of
17 nonentitlement to the entire flat fee; amending s. 27.42,
18 F.S.; requiring the circuit Article V indigent services
19 committee to establish the compensation rates for court-
20 appointed counsel or in cases of indigency; requiring each
21 committee to establish a schedule of allowances for due-
22 process expenses; authorizing alternate models for
23 providing criminal and civil due-process representation;
24 amending s. 27.52, F.S., relating to the determination of
25 indigent status; providing for application to the clerk of
26 court for such a determination and appointment of a public
27 defender; providing application requirements; requiring an
28 application fee; providing for transfer and deposit of
29 such fees into the Indigent Criminal Defense Trust Fund to
30 be used for certain purposes; authorizing clerks of courts
31 to retain a portion of the fees for certain purposes;
32 prescribing duties of the clerk of court and the public
33 defender relating to an application; prescribing
34 application requirements and review criteria; providing
35 for determinations by a clerk on the basis of an
36 applicant's indigency; providing criteria; providing for
37 appointment of counsel on an interim basis; providing for
38 review by the court of a clerk's determination; providing
39 criteria; authorizing the court to determine a person
40 indigent for costs and eligible for payment of due-process
41 expenses; providing criteria and requirements for such
42 determination; requiring certain parents or legal
43 guardians to furnish legal services and costs to certain
44 persons relating to delinquency proceedings or criminal
45 prosecutions; providing for imposition of a lien for
46 certain liabilities and lien enforcement; providing for a
47 reevaluation of indigent status and referral to the state
48 attorney upon evidence of financial discrepancies or
49 fraud; providing for recovery and disposition of certain
50 amounts recovered; providing criminal penalties for the
51 provision of false information; amending s. 27.5304, F.S.;
52 authorizing the Justice Administrative Commission to pay
53 attorney's fees without court approval under certain
54 conditions; requiring the attorney to provide the
55 commission with advance notice of a court hearing on
56 payment of fees and costs; authorizing the commission to
57 participate in such hearings using certain equipment;
58 entitling private court-appointed counsel to compensation
59 upon final disposition; providing exceptions; specifying
60 intervals other than final disposition of a case at which
61 private court-appointed counsel may request payment;
62 clarifying a prohibition against allowing an attorney who
63 is not on the registry to appear; restricting the
64 reimbursement allowed for the preparation of invoices;
65 amending s. 27.54, F.S.; requiring a county or
66 municipality to pay certain costs for due-process services
67 in local ordinance violation cases; prescribing assessment
68 of fees to recover such costs; providing for determination
69 and collection of such fees; amending s. 28.24, F.S.;
70 requiring the clerk of the court to charge for certain
71 recording services and performing certain duties;
72 requiring the clerk of the court to provide without charge
73 copies to court-appointed counsel paid by the state;
74 requiring clerks of the court to participate in the
75 Comprehensive Case Information System by a certain date;
76 providing an exception to the designation of the clerk of
77 court as custodian of official records; amending s.
78 28.2402, F.S.; prohibiting a county or municipality from
79 being required to pay more than one filing fee for a
80 single filing containing multiple allegations; prohibiting
81 a filing fee for initiating certain enforcement
82 proceedings; amending s. 28.245, F.S.; requiring the
83 clerks of the court to remit collections to the Department
84 of Revenue within a specified period; amending s. 28.246,
85 F.S.; conforming a reference to the Florida Clerks of
86 Court Operations Corporation; revising provisions
87 authorizing an individual to enter into a payment plan for
88 the payment of fees, costs, or fines; requiring the clerk
89 to enter into a payment plan with certain persons;
90 providing payment plan criteria; providing for the court
91 to review the payment plan; amending s. 28.345, F.S.;
92 exempting certain court staff and court-appointed counsel
93 from the payment of fees and charges assessed by the clerk
94 of the circuit court; amending s. 28.36, F.S.; requiring
95 the chief judge of each circuit to coordinate court-
96 related functions and determine the priorities of
97 functions of the clerk of court; revising the date for the
98 county clerk to submit a proposed budget; conforming a
99 reference to the Florida Clerks of Court Operations
100 Corporation; conforming a cross reference; conforming a
101 reference to the Chief Financial Officer; creating s.
102 28.44, F.S.; providing a method by which the clerk of
103 court may discontinue or substantially modify court-
104 related functions; providing a definition; amending s.
105 29.004, F.S.; providing for state appropriations to be
106 used for expert witnesses who are appointed by the court
107 rather than requested by any party; amending s. 29.005,
108 F.S.; deleting certain appointed mental health
109 professionals from elements of state attorneys' offices
110 provided from state revenues; amending s. 29.007, F.S.;
111 providing for state funds to be used in providing mental
112 health professionals in certain civil cases; clarifying
113 the use of state funds at the trial or appellate level to
114 pay certain costs on behalf of a litigant who is indigent;
115 amending s. 29.008, F.S.; requiring that the county where
116 the appellate district is located fund the appellate
117 division of the public defender's office; expanding the
118 definition of the term "facility" to include items
119 necessary for court-reporting services; narrowing a
120 limitation on the application of certain requirements to
121 specified facilities; including hearing rooms within those
122 facilities funded by the county as a court-related
123 function; including audio equipment within county-funded
124 communications services; amending s. 29.015, F.S.;
125 requiring the Justice Administrative Commission to adjust
126 certain allocations of funds among circuits under certain
127 circumstances; requiring notice of such adjustment;
128 requiring the commission to request a budget amendment
129 under certain circumstances to address budget deficits
130 relating to due-process services; amending s. 29.018,
131 F.S.; eliminating the authority for court-appointed
132 counsel to contract to share in court and due-process
133 services; providing that the Justice Administrative
134 Commission may contract for such cost-sharing on behalf of
135 court-appointed counsel; amending s. 34.045, F.S.;
136 proscribing a county or municipality from being required
137 to pay more than one filing fee for a single filing
138 containing multiple allegations; prohibiting assessment of
139 a filing fee for initiating certain enforcement
140 proceedings in county court; expanding conditions under
141 which the county or municipality is the prevailing party;
142 requiring an assessment of a filing fee; amending s.
143 34.191, F.S.; excluding certain counties having a
144 consolidated government from the term municipality;
145 amending s. 39.0132, F.S.; authorizing the Justice
146 Administrative Commission to inspect certain court
147 dockets; authorizing the commission to petition the court
148 for certain additional documentation; amending s. 39.821,
149 F.S.; requiring the Guardian Ad Litem Program rather than
150 the chief judge to request the federal criminal records
151 check for purposes of certifying guardians ad litem;
152 amending s. 39.822, F.S.; directing agencies, persons, and
153 other organizations to provide a guardian ad litem access
154 to certain records related to the best interests of a
155 child; providing a definition; amending s. 40.29, F.S.;
156 revising procedures for the payments made by the state to
157 the clerk of the court for the costs of witnesses;
158 creating s. 40.355, F.S.; requiring the clerk of the court
159 to report on, and refund to the state attorneys and public
160 defenders, certain moneys collected for payment of jurors
161 and due-process costs; amending s. 43.16, F.S.; providing
162 that the Justice Administrative Commission is not subject
163 to the Administrative Procedure Act; amending s. 43.26,
164 F.S.; providing responsibilities of the chief judge of
165 each circuit; amending s. 44.102, F.S.; revising
166 conditions under which nonvolunteer court mediators may be
167 compensated by the county or parties; amending s. 44.108,
168 F.S.; clarifying the fees charged for scheduled mediation
169 services provided by a circuit court's mediation program;
170 requiring the clerk of the court to report to the chief
171 judge the amount of such fees collected; creating s.
172 57.082, F.S., relating to the determination of civil
173 indigent status; providing for application to the clerk of
174 court for such a determination and appointment of a
175 private attorney in certain civil cases; providing
176 application requirements; prescribing duties of the clerk
177 of court relating to an application; prescribing
178 application requirements and review criteria; providing
179 for determinations by a clerk of the basis of an
180 applicant's indigency; providing criteria; providing for
181 appointment of counsel on an interim basis; providing for
182 review by the court of a clerk's determination; providing
183 criteria; authorizing a court to determine a person
184 indigent and eligible for appointed counsel; providing
185 criteria and requirements for such determination;
186 requiring persons determined to be indigent for civil
187 proceedings to be enrolled in a payment plan and charged
188 an administrative processing charge; providing plan
189 criteria; providing for a reevaluation of indigent status
190 and referral to the state attorney upon evidence of
191 financial discrepancies or fraud; providing for recovery
192 and disposition of certain amounts recovered; providing
193 criminal penalties for the provision of false information;
194 amending s. 92.142, F.S.; deleting a provision that
195 provides for payment of per diem and travel expenses for a
196 witness in a criminal case at the discretion of the court;
197 amending s. 92.231, F.S.; removing a reference to the
198 Article V Indigent Services Advisory Board; amending s.
199 110.205, F.S.; exempting members, officers, and employees
200 of the Justice Administrative Commission from career
201 service provisions; amending s. 116.01, F.S.; providing
202 procedures for the clerk of the court to remit funds to
203 the Department of Revenue; amending s. 119.07, F.S.;
204 extending the time period during which certain social
205 security numbers and other data included in court or
206 official county records may be available for public
207 inspection unless redaction is requested; extending the
208 deadline by which court clerks and county recorders must
209 keep such data confidential; amending s. 142.01, F.S.;
210 clarifying those moneys to be included within the fine and
211 forfeiture fund of the clerk of the circuit court;
212 amending s. 213.13, F.S.; requiring that the court-related
213 collections remitted by the clerk to the state be
214 transmitted electronically within a specified period;
215 amending s. 219.07, F.S.; revising disbursement
216 requirements for the clerk as part of his or her court-
217 related functions; amending s. 219.075, F.S.; exempting
218 funds collected by the clerk from the requirements for the
219 investment of surplus funds of a county; amending s.
220 318.121, F.S.; specifying that certain surcharges may not
221 be added to civil traffic penalties; amending s. 318.18,
222 F.S.; authorizing a portion of certain surcharge revenues
223 to be used for local law libraries; requiring the clerk of
224 the court to quarterly report the amount of certain
225 surcharges collected to the chief judge, the Governor, and
226 the Legislature; amending s. 318.21, F.S.; providing for
227 the disposition of traffic-infraction penalties for
228 violations occurring in unincorporated areas of certain
229 counties having a consolidated government or
230 unincorporated areas of certain municipalities having a
231 consolidated government; amending s. 318.31, F.S.;
232 deleting provisions concerning the appointment of a civil
233 traffic infraction hearing officer; amending s. 318.325,
234 F.S.; deleting provisions specifying the funding of such
235 hearing officer; amending s. 322.29, F.S.; increasing the
236 fees charged for reinstating a driver's license; amending
237 s. 372.72, F.S.; requiring that the proceeds from
238 unclaimed bonds be deposited into the clerk's fine and
239 forfeiture fund; amending s. 903.26, F.S.; revising the
240 procedure for determining the amount of the costs incurred
241 in returning a defendant to the county of jurisdiction;
242 amending s. 903.28, F.S.; revising certain notice
243 requirements following the surrender or apprehension of a
244 defendant for purposes of remission of a forfeiture;
245 authorizing clerks of circuit courts to enter into
246 contracts or interagency agreements to represent the clerk
247 in certain actions; providing that the clerk is the real
248 party in interest for all appeals arising from such an
249 action; authorizing the clerk to withhold unpaid fines,
250 fees, costs, and charges under certain circumstances;
251 amending s. 916.115, F.S.; revising requirements for the
252 payment of experts; specifying which fees are to be paid
253 by the state, the office of the public defender, the
254 office of the state attorney, or the Justice
255 Administrative Commission; amending s. 916.12, F.S.;
256 revising the procedures under which the court may take
257 action following a finding that the defendant is
258 incompetent to proceed; requiring evaluation of a
259 defendant; providing criteria; authorizing a court to
260 commit a defendant or take other action under certain
261 circumstances; amending s. 916.301, F.S.; requiring the
262 court to pay for certain expert witnesses appointed by the
263 court; amending s. 938.29, F.S.; providing for a judgment
264 lien for the payment of certain attorney's fees to be
265 filed without cost; amending s. 939.06, F.S.; clarifying
266 that an acquitted defendant is not liable for certain
267 costs or fees; providing a procedure for such a defendant
268 to request a refund from the Justice Administrative
269 Commission of costs or fees paid; amending s. 948.09,
270 F.S.; requiring certain offenders to pay certain court-
271 ordered fines; providing for distribution of collections;
272 amending s. 985.05, F.S.; authorizing the Justice
273 Administrative Commission to have access to certain court
274 records; requiring the party calling a witness in traffic
275 court to bear the costs; requiring the office of the state
276 attorney to pay such costs if the witness is required to
277 testify on behalf of the prosecution; authorizing the
278 trial court administrator to recover expenditures for
279 state-funded services if those services were furnished to
280 a user possessing the ability to pay; providing for
281 deposit of such funds; authorizing the trial court
282 administrator to recover certain costs under certain
283 circumstances; requiring the chief judge to determine the
284 rate, which may not exceed the cost of the service and
285 recovery; providing legislative intent; repealing s.
286 29.014, F.S., relating to the Article V Indigent Service
287 Advisory Board; repealing s. 318.37, F.S., relating to
288 funding for a Civil Traffic Infraction Hearing Officer
289 Program; providing effective dates.
290
291 Be It Enacted by the Legislature of the State of Florida:
292
293      Section 1.  Subsections (2), (3), (5), and (7) of section
294 27.40, Florida Statutes, are amended to read:
295      27.40  Court-appointed counsel; circuit registries; minimum
296 requirements; appointment by court.--
297      (2)  No later than October 1, 2004, Private counsel
298 appointed by the court to provide representation shall be
299 selected from a registry established by the circuit Article V
300 indigent services committee or procured through a competitive
301 bidding process.
302      (3)  In utilizing a registry:
303      (a)  Each circuit Article V indigent services committee
304 shall compile and maintain a list of attorneys in private
305 practice, by county and by category of cases. To be included on
306 a registry, attorneys shall certify that they meet any minimum
307 requirements established in general law for court appointment,
308 are available to represent indigent defendants in cases
309 requiring court appointment of private counsel, and are willing
310 to abide by the terms of the contract for services. To be
311 included on a registry, an attorney also must enter into a
312 contract for services with the Justice Administrative
313 Commission. Failure to comply with the terms of the contract for
314 services may result in termination of the contract and removal
315 from the registry. Each attorney on the registry shall be
316 responsible for notifying the circuit Article V indigent
317 services committee of any change in his or her status. Failure
318 to comply with this requirement shall be cause for termination
319 of the contract for services and removal from the registry until
320 the requirement is fulfilled.
321      (b)  The court shall appoint attorneys in rotating order in
322 the order in which names appear on the applicable registry,
323 unless the court makes a finding of good cause on the record for
324 appointing an attorney out of order. An attorney not appointed
325 in the order in which his or her name appears on the list shall
326 remain next in order.
327      (c)  If it finds the number of attorneys on the registry in
328 a county or circuit for a particular category of cases is
329 inadequate, the circuit Article V indigent services committee
330 shall notify the chief judge of the particular circuit in
331 writing. The chief judge shall submit the names of at least
332 three private attorneys with relevant experience. The clerk of
333 court shall send an application to each of these attorneys to
334 register for appointment.
335      (d)  Quarterly, beginning no later than October 1, 2004,
336 each circuit Article V indigent services committee shall provide
337 the Chief Justice of the Supreme Court, the chief judge, the
338 state attorney and public defender in each judicial circuit, and
339 the clerk of court in each county with a current copy of each
340 registry. The copy of a registry shall identify the race, sex,
341 and ethnicity of each attorney listed in the registry.
342      (5)  The Justice Administrative Commission shall approve
343 uniform contract forms for use in procuring the services of
344 private court-appointed counsel and uniform procedures and forms
345 for use by a court-appointed attorney in support of billing for
346 attorney's fees, costs, and related expenses to demonstrate the
347 attorney's completion of specified duties.
348      (7)(a)  An attorney appointed to represent a defendant or
349 other client is entitled to payment pursuant to s. 27.5304, only
350 upon full performance by the attorney of specified duties,
351 approval of payment by the court, except for payment based on a
352 flat fee per case as provided in s. 27.5304; and attorney
353 submission of a payment request to the Justice Administrative
354 Commission. Upon being permitted to withdraw from a case, a
355 court-appointed attorney shall submit a copy of the order to the
356 Justice Administrative Commission at the time it is issued by
357 the court. If an attorney is permitted to withdraw or is
358 otherwise removed from representation prior to full performance
359 of the duties specified in this section for reasons other than
360 breach of duty, the trial court shall approve payment of
361 attorney's fees and costs for work performed in an amount not to
362 exceed the amounts specified in s. 27.5304. Withdrawal from a
363 case prior to full performance of the duties specified shall
364 create a rebuttable presumption that the attorney is not
365 entitled to the entire flat fee for those cases paid on a flat-
366 fee-per-case basis.
367      (b)  The attorney shall maintain appropriate documentation,
368 including a current and detailed hourly accounting of time spent
369 representing the defendant or other client.
370      Section 2.  Section 27.42, Florida Statutes, is amended to
371 read:
372      27.42  Circuit Article V indigent services committees;
373 composition; staff; responsibilities; funding.--
374      (1)  In each judicial circuit a circuit Article V indigent
375 services committee shall be established. The committee shall
376 consist of the following:
377      (a)  The chief judge of the judicial circuit or the chief
378 judge's designee, who shall serve as the chair.
379      (b)  The public defender of the judicial circuit, or
380 designee from within the office of the public defender.
381      (c)  One experienced private criminal defense attorney
382 appointed by the chief judge to serve a 2-year term. During the
383 2-year term, the attorney is prohibited from serving as court-
384 appointed counsel.
385      (d)  One experienced civil trial attorney appointed by the
386 chief judge, to serve a 2-year term. During the 2-year term, the
387 attorney is prohibited from serving as court-appointed counsel.
388      (2)(a)  The responsibility of the circuit Article V
389 indigent services committee is to manage the appointment and
390 compensation of court-appointed counsel within a circuit
391 pursuant to ss. 27.40 and 27.5303. The committee shall also set
392 the compensation rates of due-process service providers in cases
393 where the court has appointed counsel or declared a person
394 indigent for costs, not to exceed any rates specified in the
395 General Appropriations Act such that the total amount expended
396 does not exceed the amount budgeted in the General
397 Appropriations Act for the particular due-process service. The
398 circuit Article V indigent services committee shall meet at
399 least quarterly.
400      (b)  No later than October 1, 2004, Each circuit Article V
401 indigent services committee shall maintain a registry pursuant
402 to s. 27.40, even when procuring counsel through a competitive
403 bidding process. However, if counsel is procured through a
404 competitive bidding process, the registry shall be used only
405 when counsel obtained through that process is unable to provide
406 representation due to a conflict of interest or reasons beyond
407 their control. The committee shall apply any eligibility and
408 performance standards set by the Legislature.
409      (c)  Each circuit Article V indigent services committee
410 shall develop a schedule of standard fees and expense allowances
411 for the categories of cases specified in s. 27.5304 27.5303,
412 consistent with the overall compensation rates in that section
413 and within the amount of appropriated funds allocated by the
414 Justice Administrative Commission to the circuit for this
415 purpose.
416      (d)  Each circuit Article V indigent services committee
417 shall establish a schedule of standard allowances for due-
418 process expenses for cases in which the court has declared a
419 person indigent for costs, within the amount of appropriated
420 funds allocated by the Justice Administrative Commission to the
421 circuit for this purpose.
422      (3)  Notwithstanding any other provision of this section, a
423 circuit Article V indigent services committee may approve, and
424 the Justice Administrative Commission shall investigate and
425 evaluate the use of funds for, alternate models for the
426 provision of criminal and civil due-process services and
427 representation other than a model based on a per-case fee if a
428 more cost-effective and efficient system can be provided. An
429 alternate model may include court-reporting services and the
430 provision of court-appointed counsel.
431      (4)(3)  The Justice Administrative Commission shall prepare
432 and issue on a quarterly basis a statewide report comparing
433 actual year-to-date expenditures to budgeted amounts for the
434 circuit Article V indigent services committees in each of the
435 judicial circuits. Copies of these quarterly reports shall be
436 distributed to each circuit Article V indigent services
437 committee and to the Governor, the Chief Justice of the Supreme
438 Court, the President of the Senate, and the Speaker of the House
439 of Representatives.
440      (5)(4)(a)  The funding and positions for the processing of
441 committees' fees and expenses shall be as appropriated to the
442 Justice Administrative Commission in the General Appropriations
443 Act.
444      (b)  Funds for criminal conflict attorney's fees and
445 expenses shall be appropriated by the Legislature in a separate
446 appropriations category within the Justice Administrative
447 Commission. These funds shall be allocated to each circuit as
448 prescribed in the General Appropriations Act.
449      (c)  Funds for attorney's fees and expenses for child
450 dependency and civil conflict cases shall be appropriated by the
451 Legislature in a separate appropriations category within the
452 Justice Administrative Commission.
453      (d)  Any funds the Legislature appropriates for other
454 court-appointed counsel cases shall be as appropriated within
455 the Justice Administrative Commission.
456
457 The Justice Administrative Commission shall separately track
458 expenditures on private court-appointed counsel for the
459 following categories of cases: criminal conflict, civil
460 conflict, dependency and termination of parental rights, and
461 guardianship.
462      Section 3.  Section 27.52, Florida Statutes, is amended to
463 read:
464      (Substantial rewording of section. See
465      s. 27.52, F.S., for present text.)
466      27.52  Determination of indigent status.--
467      (1)  APPLICATION TO THE CLERK.--A person seeking
468 appointment of a public defender under s. 27.51 based upon an
469 inability to pay must apply to the clerk of the court for a
470 determination of indigent status using an application form
471 developed by the Florida Clerks of Court Operations Corporation
472 with final approval by the Supreme Court.
473      (a)  The application must include, at a minimum, the
474 following financial information:
475      1.  Net income, consisting of total salary and wages, minus
476 deductions required by law, including court-ordered support
477 payments.
478      2.  Other income, including, but not limited to, social
479 security benefits, union funds, veterans' benefits, workers'
480 compensation, other regular support from absent family members,
481 public or private employee pensions, unemployment compensation,
482 dividends, interest, rent, trusts, and gifts.
483      3.  Assets, including, but not limited to, cash, savings
484 accounts, bank accounts, stocks, bonds, certificates of deposit,
485 equity in real estate, and equity in a boat or a motor vehicle
486 or in other tangible property.
487      4.  All liabilities and debts.
488      5.  If applicable, the amount of any bail paid for the
489 applicant's release from incarceration and the source of the
490 funds.
491
492 The application must include a signature by the applicant which
493 attests to the truthfulness of the information provided. The
494 application form developed by the corporation must include
495 notice that the applicant may seek court review of a clerk's
496 determination that the applicant is not indigent, as provided in
497 this section.
498      (b)  An applicant shall pay a $40 application fee to the
499 clerk for each application for court-appointed counsel filed.
500 The applicant shall pay the fee within 7 days after submitting
501 the application. If the applicant does not pay the fee prior to
502 the disposition of the case, the clerk shall notify the court,
503 and the court shall:
504      1.  Assess the application fee as part of the sentence or
505 as a condition of probation; or
506      2.  Assess the application fee pursuant to s. 938.29.
507      (c)  Notwithstanding any provision of law, court rule, or
508 administrative order, the clerk shall assign the first $40 of
509 any fees or costs paid by an indigent person as payment of the
510 application fee. A person found to be indigent may not be
511 refused counsel or other required due-process services for
512 failure to pay the fee.
513      (d)  All application fees collected by the clerk under this
514 section shall be transferred monthly by the clerk to the
515 Department of Revenue for deposit in the Indigent Criminal
516 Defense Trust Fund administered by the Justice Administrative
517 Commission, to be used to as appropriated by the Legislature.
518 The clerk may retain 2 percent of application fees collected
519 monthly for administrative costs prior to remitting the
520 remainder to the Department of Revenue.
521      (e)1.  The clerk shall assist a person who appears before
522 the clerk and requests assistance in completing the application,
523 and the clerk shall notify the court if a person is unable to
524 complete the application after the clerk has provided
525 assistance.
526      2.  If the person seeking appointment of a public defender
527 is incarcerated, the public defender is responsible for
528 providing the application to the person and assisting him or her
529 in its completion and is responsible for submitting the
530 application to the clerk on the person's behalf. The public
531 defender may enter into an agreement for jail employees,
532 pretrial services employees, or employees of other criminal
533 justice agencies to assist the public defender in performing
534 functions assigned to the public defender under this
535 subparagraph.
536      (2)  DETERMINATION BY THE CLERK.--The clerk of the court
537 shall determine whether an applicant seeking appointment of a
538 public defender is indigent based upon the information provided
539 in the application and the criteria prescribed in this
540 subsection.
541      (a)1.  An applicant, including an applicant who is a minor
542 or an adult tax-dependent person, is indigent if the applicant's
543 income is equal to or below 200 percent of the then-current
544 federal poverty guidelines prescribed for the size of the
545 household of the applicant by the United States Department of
546 Health and Human Services or if the person is receiving
547 Temporary Assistance for Needy Families-Cash Assistance,
548 poverty-related veterans' benefits, or Supplemental Security
549 Income (SSI).
550      2.  There is a presumption that the applicant is not
551 indigent if the applicant owns, or has equity in, any intangible
552 or tangible personal property or real property or the expectancy
553 of an interest in any such property having a net equity value of
554 $2,500 or more, excluding the value of the person's homestead
555 and one vehicle having a net value not exceeding $5,000.
556      (b)  Based upon its review, the clerk shall make one of the
557 following determinations:
558      1.  The applicant is not indigent.
559      2.  The applicant is indigent.
560      (c)1.  If the clerk determines that the applicant is
561 indigent, the clerk shall submit the determination to the office
562 of the public defender and immediately file the determination in
563 the case record.
564      2.  If the public defender is unable to provide
565 representation due to a conflict pursuant to s. 27.5303, the
566 public defender shall move the court for withdrawal from
567 representation and appointment of private counsel.
568      (d)  The duty of the clerk in determining whether an
569 applicant is indigent shall be limited to receiving the
570 application and comparing the information provided in the
571 application to the criteria prescribed in this subsection. The
572 determination of indigent status is a ministerial act of the
573 clerk and not a decision based on further investigation or the
574 exercise of independent judgment by the clerk. The clerk may
575 contract with third parties to perform functions assigned to the
576 clerk under this section.
577      (e)  The applicant may seek review of the clerk's
578 determination that the applicant is not indigent in the court
579 having jurisdiction over the matter at the next scheduled
580 hearing. If the applicant seeks review of the clerk's
581 determination of indigent status, the court shall make a final
582 determination as provided in subsection (4).
583      (3)  APPOINTMENT OF COUNSEL ON INTERIM BASIS.--If the clerk
584 of the court has not made a determination of indigent status at
585 the time a person requests appointment of a public defender, the
586 court shall make a preliminary determination of indigent status,
587 pending further review by the clerk, and may, by court order,
588 appoint a public defender or private counsel on an interim
589 basis.
590      (4)  REVIEW OF CLERK'S DETERMINATION.--
591      (a)  If the clerk of the court determines that the
592 applicant is not indigent, and the applicant seeks review of the
593 clerk's determination, the court shall make a final
594 determination of indigent status by reviewing the information
595 provided in the application against the criteria prescribed in
596 subsection (2) and by considering the following additional
597 factors:
598      1.  Whether the applicant has been released on bail in an
599 amount of $5,000 or more.
600      2.  Whether a bond has been posted, the type of bond, and
601 who paid the bond.
602      3.  Whether paying for private counsel in an amount that
603 exceeds the limitations in s. 27.5304, or other due-process
604 services creates a substantial hardship for the applicant or the
605 applicant's family.
606      4.  Any other relevant financial circumstances of the
607 applicant or the applicant's family.
608      (b)  Based upon its review, the court shall make one of the
609 following determinations and, if the applicant is indigent,
610 shall appoint a public defender or private counsel:
611      1.  The applicant is not indigent.
612      2.  The applicant is indigent.
613      (5)  INDIGENT FOR COSTS.--A person who is eligible to be
614 represented by a public defender under s. 27.51 but who is
615 represented by private counsel not appointed by the court for a
616 reasonable fee as approved by the court, on a pro bono basis, or
617 who is proceeding pro se, may move the court for a determination
618 that he or she is indigent for costs and eligible for the
619 provision of due-process services, as prescribed by ss. 29.006
620 and 29.007, funded by the state.
621      (a)  The person must submit to the court:
622      1.  The completed application prescribed in subsection (1).
623      2.  In the case of a person represented by counsel, an
624 affidavit attesting to the estimated amount of attorney's fees
625 and the source of payment for these fees.
626      (b)  In reviewing the motion, the court shall consider:
627      1.  Whether the applicant applied for a determination of
628 indigent status under subsection (1) and the outcome of such
629 application.
630      2.  The extent to which the person's income equals or
631 exceeds the income criteria prescribed in subsection (2).
632      3.  The additional factors prescribed in subsection (4).
633      4.  Whether the applicant is proceeding pro se.
634      5.  When the applicant retained private counsel.
635      6.  The amount of any attorney's fees and who is paying the
636 fees.
637      (c)  Based upon its review, the court shall make one of the
638 following determinations:
639      1.  The applicant is not indigent for costs.
640      2.  The applicant is indigent for costs.
641      (d)  The provision of due-process services based upon a
642 determination that a person is indigent for costs under this
643 subsection must be effectuated pursuant to a court order, a copy
644 of which the clerk shall provide to counsel representing the
645 person, or to the person directly if he or she is proceeding pro
646 se, for use in requesting payment of due-process expenses
647 through the Justice Administrative Commission.
648      (6)  DUTIES OF PARENT OR LEGAL GUARDIAN.--A nonindigent
649 parent or legal guardian of an applicant who is a minor or an
650 adult tax-dependent person shall furnish the minor or adult tax-
651 dependent person with the necessary legal services and costs
652 incident to a delinquency proceeding or, upon transfer of such
653 person for criminal prosecution as an adult pursuant to chapter
654 985, a criminal prosecution in which the person has a right to
655 legal counsel under the Constitution of the United States or the
656 Constitution of the State of Florida. The failure of a parent or
657 legal guardian to furnish legal services and costs under this
658 section does not bar the appointment of legal counsel pursuant
659 to this section, s. 27.40, or s. 27.5303. When the public
660 defender, a private court-appointed conflict counsel, or a
661 private attorney is appointed to represent a minor or an adult
662 tax-dependent person in any proceeding in circuit court or in a
663 criminal proceeding in any other court, the parents or the legal
664 guardian shall be liable for payment of the fees, charges, and
665 costs of the representation even if the person is a minor being
666 tried as an adult. Liability for the fees, charges, and costs of
667 the representation shall be imposed in the form of a lien
668 against the property of the nonindigent parents or legal
669 guardian of the minor or adult tax-dependent person. The lien is
670 enforceable as provided in s. 27.561 or s. 938.29.
671      (7)  FINANCIAL DISCREPANCIES; FRAUD; FALSE INFORMATION.--
672      (a)  If the court learns of discrepancies between the
673 application or motion and the actual financial status of the
674 person found to be indigent or indigent for costs, the court
675 shall determine whether the public defender or private attorney
676 shall continue representation or whether the authorization for
677 any other due-process services previously authorized shall be
678 revoked. The person may be heard regarding the information
679 learned by the court. If the court, based on the information,
680 determines that the person is not indigent or indigent for
681 costs, the court shall order the public defender or private
682 attorney to discontinue representation and revoke the provision
683 of any other authorized due-process services.
684      (b)  If the court has reason to believe that any applicant,
685 through fraud or misrepresentation, was improperly determined to
686 be indigent or indigent for costs, the matter shall be referred
687 to the state attorney. Twenty-five percent of any amount
688 recovered by the state attorney as reasonable value of the
689 services rendered, including fees, charges, and costs paid by
690 the state on the person's behalf, shall be remitted to the
691 Department of Revenue for deposit into the Grants and Donations
692 Trust Fund within the Justice Administrative Commission.
693 Seventy-five percent of any amount recovered shall be remitted
694 to the Department of Revenue for deposit into the General
695 Revenue Fund.
696      (c)  A person who knowingly provides false information to
697 the clerk or the court in seeking a determination of indigent
698 status under this section commits a misdemeanor of the first
699 degree, punishable as provided in s. 775.082 or s. 775.083.
700      Section 4.  Subsections (2) and (6) of section 27.5304,
701 Florida Statutes, are amended, and new subsections (7), (8), and
702 (9) are added to said section, to read:
703      27.5304  Private court-appointed counsel; compensation.--
704      (2)  The Justice Administrative Commission shall review an
705 intended billing by private court-appointed counsel for
706 attorney's fees based on a flat fee per case for completeness
707 and compliance with contractual, statutory, and circuit Article
708 V indigent services committee requirements. The commission may
709 approve the intended bill for a flat fee per case for payment
710 without approval by the court if the intended billing is
711 correct. For all other intended billings, prior to filing a
712 motion for an order approving payment of attorney's fees, costs,
713 or related expenses, the private court-appointed counsel shall
714 deliver a copy of the intended billing, together with supporting
715 affidavits and all other necessary documentation, to the Justice
716 Administrative Commission. The Justice Administrative Commission
717 shall review the billings, affidavit, and documentation for
718 completeness and compliance with contractual and statutory
719 requirements. If the Justice Administrative Commission objects
720 to any portion of the proposed billing, the objection and
721 reasons therefor shall be communicated to the private court-
722 appointed counsel. The private court-appointed counsel may
723 thereafter file his or her motion for order approving payment of
724 attorney's fees, costs, or related expenses together with
725 supporting affidavits and all other necessary documentation. The
726 motion must specify whether the Justice Administrative
727 Commission objects to any portion of the billing or the
728 sufficiency of documentation and shall attach the Justice
729 Administrative Commission's letter stating its objection. The
730 attorney shall have the burden to prove the entitlement to
731 attorney's fees, costs, or related expenses, if so, the reasons
732 therefor. A copy of the motion and attachments shall be served
733 on the Justice Administrative Commission at least 5 business
734 days prior to the date of a hearing. The Justice Administrative
735 Commission shall have standing to appear before the court to
736 contest any motion for order approving payment of attorney's
737 fees, costs, or related expenses and may participate in a
738 hearing on the motion by use of telephonic or other
739 communication equipment unless ordered otherwise. The Justice
740 Administrative Commission may contract with other public or
741 private entities or individuals to appear before the court for
742 the purpose of contesting any motion for order approving payment
743 of attorney's fees, costs, or related expenses. The fact that
744 the Justice Administrative Commission has not objected to any
745 portion of the billing or to the sufficiency of the
746 documentation is not binding on the court. The court retains
747 primary authority and responsibility for determining the
748 reasonableness of all billings for attorney's fees, costs, and
749 related expenses, subject to statutory limitations. Private
750 court-appointed counsel is entitled to compensation upon final
751 disposition of a case, except as provided in subsections (7) and
752 (8). Before final disposition of a case, a private court-
753 appointed counsel may file a motion for fees, costs, and related
754 expenses for services completed up to the date of the motion in
755 any case or matter in which legal services have been provided by
756 the attorney for more than 1 year. The amount approved by the
757 court may not exceed 80 percent of the fees earned, or costs and
758 related expenses incurred, to date, or an amount proportionate
759 to the maximum fees permitted under this section based on legal
760 services provided to date, whichever is less. The court may
761 grant the motion if counsel shows that failure to grant the
762 motion would work a particular hardship upon counsel.
763      (6)  A private attorney appointed in lieu of the public
764 defender to represent an indigent defendant may not reassign or
765 subcontract the case to another attorney or allow another
766 attorney to appear at a critical stage of a case who is not on
767 the registry developed under pursuant to s. 27.40.
768      (7)  Private court-appointed counsel representing a parent
769 in a dependency case that is open may submit a request for
770 payment to the Justice Administrative Commission at the
771 following intervals:
772      (a)  Upon entry of an order of disposition as to the parent
773 being represented.
774      (b)  Upon conclusion of a 12-month permanency review.
775      (c)  Following a judicial review hearing.
776
777 In no case, however, may counsel submit requests under this
778 paragraph more than once per quarter, unless the court finds
779 extraordinary circumstances justifying more frequent submission
780 of payment requests.
781      (8)  Private court-appointed counsel representing an
782 individual in an appeal to a district court of appeal or the
783 Supreme Court may submit a request for payment to the Justice
784 Administrative Commission at the following intervals:
785      (a)  Upon the filing of an appellate brief, including, but
786 not limited to, a reply brief.
787      (b)  When the opinion of the appellate court is finalized.
788      (9)  Private court-appointed counsel may not bill for
789 preparation of invoices whether or not the case is paid on the
790 basis of an hourly rate or by flat fee.
791      Section 5.  Subsection (2) of section 27.54, Florida
792 Statutes, is amended to read:
793      27.54  Limitation on payment of expenditures for public
794 defender's office other than by the state.--
795      (2)  A county or municipality may contract with, or
796 appropriate or contribute funds to, the operation of the offices
797 of the various public defenders as provided in this subsection.
798 A public defender defending violations of special laws or county
799 or municipal ordinances punishable by incarceration and not
800 ancillary to a state charge shall contract with counties and
801 municipalities to recover the full cost of services rendered on
802 an hourly basis or reimburse the state for the full cost of
803 assigning one or more full-time equivalent attorney positions to
804 work on behalf of the county or municipality. Notwithstanding
805 any other provision of law, in the case of a county with a
806 population of less than 75,000, the public defender shall
807 contract for full reimbursement, or for reimbursement as the
808 parties otherwise agree. In local ordinance violation cases, the
809 county or municipality shall pay for due-process services that
810 are approved by the court, including deposition costs,
811 deposition transcript costs, investigative costs, witness fees,
812 expert witness costs, and interpreter costs. The person charged
813 with the violation shall be assessed a fee for the services of a
814 public defender and other costs and fees paid by the county or
815 municipality, which assessed fee may be reduced to a lien, in
816 all instances in which the person enters a plea of guilty or no
817 contest or is found to be in violation or guilty of any count or
818 lesser included offense of the charge or companion case charges,
819 regardless of adjudication. The court shall determine the amount
820 of the obligation. The county or municipality may recover
821 assessed fees through collections court or as otherwise
822 permitted by law and any fees recovered pursuant to this section
823 shall be forwarded to the applicable county or municipality as
824 reimbursement.
825      (a)  A contract for reimbursement on an hourly basis shall
826 require a county or municipality to reimburse the public
827 defender for services rendered at a rate of $50 per hour. If an
828 hourly rate is specified in the General Appropriations Act, that
829 rate shall control.
830      (b)  A contract for assigning one or more full-time
831 equivalent attorney positions to perform work on behalf of the
832 county or municipality shall assign one or more full-time
833 equivalent positions based on estimates by the public defender
834 of the number of hours required to handle the projected
835 workload. The full cost of each full-time equivalent attorney
836 position on an annual basis shall be $50, or the amount
837 specified in the General Appropriations Act, multiplied by the
838 legislative budget request standard for available work hours for
839 one full-time equivalent attorney position, or, in the absence
840 of that standard, 1,854 hours. The contract may provide for
841 funding full-time equivalent positions in one-quarter
842 increments.
843      (c)  Any payments received pursuant to this subsection
844 shall be deposited into the Grants and Donations Trust Fund
845 within the Justice Administrative Commission for appropriation
846 by the Legislature.
847      Section 6.  Section 28.24, Florida Statutes, is amended to
848 read:
849      28.24  Service charges by clerk of the circuit court.--The
850 clerk of the circuit court shall may charge for services
851 rendered by the clerk's office in recording documents and
852 instruments and in performing the duties enumerated in amounts
853 not to exceed those specified in this section. Notwithstanding
854 any other provision of this section, the clerk of the circuit
855 court shall provide without charge to the state attorney, public
856 defender, and guardian ad litem, attorney ad litem, and court-
857 appointed counsel paid by the state, and to the authorized staff
858 acting on behalf of each, access to and a copy of any public
859 record, if the requesting party is entitled by law to view the
860 exempt or confidential record, as maintained by and in the
861 custody of the clerk of the circuit court as provided in general
862 law and the Florida Rules of Judicial Administration. The clerk
863 of the circuit court may provide the requested public record in
864 an electronic format in lieu of a paper format when capable of
865 being accessed by the requesting entity.
866
867 Charges
868      (1)  For examining, comparing, correcting, verifying, and
869 certifying transcripts of record in appellate proceedings,
870 prepared by attorney for appellant or someone else other than
871 clerk per page....4.50
872      (2)  For preparing, numbering, and indexing an original
873 record of appellate proceedings, per instrument....3.00
874      (3)  For certifying copies of any instrument in the public
875 records....1.50
876      (4)  For verifying any instrument presented for
877 certification prepared by someone other than clerk, per
878 page....3.00
879      (5)(a)  For making copies by photographic process of any
880 instrument in the public records consisting of pages of not more
881 than 14 inches by 81/2 inches, per page....1.00
882      (b)  For making copies by photographic process of any
883 instrument in the public records of more than 14 inches by 81/2
884 inches, per page....5.00
885      (6)  For making microfilm copies of any public records:
886      (a)  16 mm 100' microfilm roll....37.50
887      (b)  35 mm 100' microfilm roll....52.50
888      (c)  Microfiche, per fiche....3.00
889      (7)  For copying any instrument in the public records by
890 other than photographic process, per page....6.00
891      (8)  For writing any paper other than herein specifically
892 mentioned, same as for copying, including signing and
893 sealing....6.00
894      (9)  For indexing each entry not recorded....1.00
895      (10)  For receiving money into the registry of court:
896      (a)1.  First $500, percent....3
897      2.  Each subsequent $100, percent....1.5
898      (b)  Eminent domain actions, per deposit....$150.00
899      (11)  For examining, certifying, and recording plats and
900 for recording condominium exhibits larger than 14 inches by 81/2
901 inches:
902      (a)  First page....30.00
903      (b)  Each additional page....15.00
904      (12)  For recording, indexing, and filing any instrument
905 not more than 14 inches by 81/2 inches, including required
906 notice to property appraiser where applicable:
907      (a)  First page or fraction thereof....5.00
908      (b)  Each additional page or fraction thereof....4.00
909      (c)  For indexing instruments recorded in the official
910 records which contain more than four names, per additional
911 name....1.00
912      (d)  An additional service charge shall be paid to the
913 clerk of the circuit court to be deposited in the Public Records
914 Modernization Trust Fund for each instrument listed in s.
915 28.222, except judgments received from the courts and notices of
916 lis pendens, recorded in the official records:
917      1.  First page....1.00
918      2.  Each additional page....0.50
919
920 Said fund shall be held in trust by the clerk and used
921 exclusively for equipment and maintenance of equipment,
922 personnel training, and technical assistance in modernizing the
923 public records system of the office. In a county where the duty
924 of maintaining official records exists in an office other than
925 the office of the clerk of the circuit court, the clerk of the
926 circuit court is entitled to 25 percent of the moneys deposited
927 into the trust fund for equipment, maintenance of equipment,
928 training, and technical assistance in modernizing the system for
929 storing records in the office of the clerk of the circuit court.
930 The fund may not be used for the payment of travel expenses,
931 membership dues, bank charges, staff-recruitment costs, salaries
932 or benefits of employees, construction costs, general operating
933 expenses, or other costs not directly related to obtaining and
934 maintaining equipment for public records systems or for the
935 purchase of furniture or office supplies and equipment not
936 related to the storage of records. On or before December 1,
937 1995, and on or before December 1 of each year immediately
938 preceding each year during which the trust fund is scheduled for
939 legislative review under s. 19(f)(2), Art. III of the State
940 Constitution, each clerk of the circuit court shall file a
941 report on the Public Records Modernization Trust Fund with the
942 President of the Senate and the Speaker of the House of
943 Representatives. The report must itemize each expenditure made
944 from the trust fund since the last report was filed; each
945 obligation payable from the trust fund on that date; and the
946 percentage of funds expended for each of the following:
947 equipment, maintenance of equipment, personnel training, and
948 technical assistance. The report must indicate the nature of the
949 system each clerk uses to store, maintain, and retrieve public
950 records and the degree to which the system has been upgraded
951 since the creation of the trust fund.
952      (e)  An additional service charge of $4 per page shall be
953 paid to the clerk of the circuit court for each instrument
954 listed in s. 28.222, except judgments received from the courts
955 and notices of lis pendens, recorded in the official records.
956 From the additional $4 service charge collected:
957      1.  If the counties maintain legal responsibility for the
958 costs of the court-related technology needs as defined in s.
959 29.008(1)(f)2. and (h), 10 cents shall be distributed to the
960 Florida Association of Court Clerks and Comptroller, Inc., for
961 the cost of development, implementation, operation, and
962 maintenance of the clerks' Comprehensive Case Information
963 System, in which system all clerks shall participate on or
964 before January 1, 2006; $1.90 shall be retained by the clerk to
965 be deposited in the Public Records Modernization Trust Fund and
966 used exclusively for funding court-related technology needs of
967 the clerk as defined in s. 29.008(1)(f)2. and (h); and $2 shall
968 be distributed to the board of county commissioners to be used
969 exclusively to fund court-related technology, and court
970 technology needs as defined in s. 29.008(1)(f)2. and (h) for the
971 state trial courts, state attorney, and public defender in that
972 county. If the counties maintain legal responsibility for the
973 costs of the court-related technology needs as defined in s.
974 29.008(1)(f)2. and (h), notwithstanding any other provision of
975 law, the county is not required to provide additional funding
976 beyond that provided herein for the court-related technology
977 needs of the clerk as defined in s. 29.008(1)(f)2. and (h). All
978 court records and official records are the property of the State
979 of Florida, including any records generated as part of the
980 Comprehensive Case Information System funded pursuant to this
981 paragraph and the clerk of court is designated as the custodian
982 of such records, except in a county where the duty of
983 maintaining official records exists in a county office other
984 than the clerk of court, such county office is designated the
985 custodian of all official records, and the clerk of court is
986 designated the custodian of all court records. The clerk of
987 court or any entity acting on behalf of the clerk of court,
988 including an association, shall not charge a fee to any agency
989 as defined in s. 119.011, the Legislature, or the State Court
990 System for copies of records generated by the Comprehensive Case
991 Information System or held by the clerk of court or any entity
992 acting on behalf of the clerk of court, including an
993 association.
994      2.  If the state becomes legally responsible for the costs
995 of court-related technology needs as defined in s.
996 29.008(1)(f)2. and (h), whether by operation of general law or
997 by court order, $4 shall be remitted to the Department of
998 Revenue for deposit into the General Revenue Fund.
999      (13)  Oath, administering, attesting, and sealing, not
1000 otherwise provided for herein....3.00
1001      (14)  For validating certificates, any authorized bonds,
1002 each....3.00
1003      (15)  For preparing affidavit of domicile....5.00
1004      (16)  For exemplified certificates, including signing and
1005 sealing....6.00
1006      (17)  For authenticated certificates, including signing and
1007 sealing....6.00
1008      (18)(a)  For issuing and filing a subpoena for a witness,
1009 not otherwise provided for herein (includes writing, preparing,
1010 signing, and sealing)....6.00
1011      (b)  For signing and sealing only....1.50
1012      (19)  For approving bond....7.50
1013      (20)  For searching of records, for each year's
1014 search....1.50
1015      (21)  For processing an application for a tax deed sale
1016 (includes application, sale, issuance, and preparation of tax
1017 deed, and disbursement of proceeds of sale), other than excess
1018 proceeds....60.00
1019      (22)  For disbursement of excess proceeds of tax deed sale,
1020 first $100 or fraction thereof....10.00
1021      (23)  Upon receipt of an application for a marriage
1022 license, for preparing and administering of oath; issuing,
1023 sealing, and recording of the marriage license; and providing a
1024 certified copy....30.00
1025      (24)  For solemnizing matrimony....30.00
1026      (25)  For sealing any court file or expungement of any
1027 record....37.50
1028      (26)(a)  For receiving and disbursing all restitution
1029 payments, per payment....3.00
1030      (b)  For receiving and disbursing all partial payments,
1031 other than restitution payments, for which an administrative
1032 processing service charge is not imposed pursuant to s. 28.246,
1033 per month....5.00
1034      (c)  For setting up a payment plan, a one-time
1035 administrative processing charge in lieu of a per month charge
1036 under paragraph (b)....25.00
1037      (27)  Postal charges incurred by the clerk of the circuit
1038 court in any mailing by certified or registered mail shall be
1039 paid by the party at whose instance the mailing is made.
1040      (28)  For furnishing an electronic copy of information
1041 contained in a computer database: a fee as provided for in
1042 chapter 119.
1043      Section 7.  Paragraph (a) of subsection (1) of section
1044 28.2402, Florida Statutes, is amended to read:
1045      28.2402  Cost recovery; use of the circuit court for
1046 ordinance or special law violations.--
1047      (1)(a)  In lieu of payment of a filing fee under s. 28.241,
1048 a filing fee of $10 shall be paid by a county or municipality
1049 when filing a county or municipal ordinance violation or
1050 violation of a special law in circuit court. This fee shall be
1051 paid to the clerk of the court for performing court-related
1052 functions. A county or municipality is not required to pay more
1053 than one filing fee for a single filing against a single
1054 defendant that contains multiple alleged violations. A filing
1055 fee, other than that imposed under this section, may not be
1056 assessed for initiating an enforcement proceeding in circuit
1057 court for a violation of a county or municipal code or ordinance
1058 or a violation of a special law. The filing fee shall not apply
1059 to instances in which a county or municipality has contracted
1060 with the state, or has been delegated by the state,
1061 responsibility for enforcing state operations, policies, or
1062 requirements under s. 125.69, s. 166.0415, or chapter 162.
1063      Section 8.  Section 28.245, Florida Statutes, is amended to
1064 read:
1065      28.245  Transmittal of funds to Department of Revenue;
1066 uniform remittance form required.--Notwithstanding any other
1067 provision of law, all moneys collected by the clerks of the
1068 court as part of the clerk's court-related functions for
1069 subsequent distribution to any state entity must be transmitted
1070 electronically, by the 20th day of the month immediately
1071 following the month in which the moneys are collected, to the
1072 Department of Revenue for appropriate distribution. A uniform
1073 remittance form provided by the Department of Revenue detailing
1074 the specific amounts due each fund must accompany such
1075 submittal. All moneys collected by the clerks of court for
1076 remittance to any entity must be distributed pursuant to the law
1077 in effect at the time of collection.
1078      Section 9.  Subsections (1) and (4) of section 28.246,
1079 Florida Statutes, are amended to read:
1080      28.246  Payment of court-related fees, charges, and costs;
1081 partial payments; distribution of funds.--
1082      (1)  Beginning July 1, 2003, the clerk of the circuit court
1083 shall report the following information to the Legislature and
1084 the Florida Clerks Clerk of Court Operations Corporation
1085 Conference on a form developed by the Department of Financial
1086 Services:
1087      (a)  The total amount of mandatory fees, service charges,
1088 and costs; the total amount actually assessed; the total amount
1089 discharged, waived, or otherwise not assessed; and the total
1090 amount collected.
1091      (b)  The amount of discretionary fees, service charges, and
1092 costs assessed; the total amount discharged; and the total
1093 amount collected.
1094      (c)  The total amount of mandatory fines and other monetary
1095 penalties; the total amount assessed; the total amount
1096 discharged, waived, or otherwise not assessed; and the total
1097 amount collected.
1098      (d)  The amount of discretionary fines and other monetary
1099 penalties assessed; the amount discharged; and the total amount
1100 collected.
1101
1102 If provided to the clerk of court by the judge, the clerk, in
1103 reporting the amount assessed, shall separately identify the
1104 amount assessed pursuant to s. 938.30 as community service;
1105 assessed by reducing the amount to a judgment or lien; satisfied
1106 by time served; or other. The form developed by the Chief
1107 Financial Officer shall include separate entries for recording
1108 these amounts. The clerk shall submit the report on a quarterly
1109 basis 30 days after the end of the quarter for the period from
1110 July 1, 2003, through June 30, 2004, and on an annual basis
1111 thereafter, 60 days after the end of the county fiscal year.
1112      (4)  The clerk of the circuit court shall accept partial
1113 payments for court-related fees, service charges, costs, and
1114 fines in accordance with the terms of an established payment
1115 plan. An individual seeking to defer payment of fees, service
1116 charges, costs, or fines imposed by operation of law or order of
1117 the court under any provision of general law shall apply to the
1118 clerk for enrollment in a payment plan. The clerk shall enter
1119 into a payment plan with an individual who the court determines
1120 is indigent for costs and who demonstrates to the clerk an
1121 inability to pay court-related fees, service charges, costs, or
1122 fines in full. A monthly payment amount, calculated based upon
1123 all fees and all anticipated costs, is presumed to correspond to
1124 the person's ability to pay if the amount does not exceed 2
1125 percent of the person's annual net income, as defined in
1126 27.52(1), divided by 12. The court may review the reasonableness
1127 of the payment plan, and determined by the court to be unable to
1128 make payment in full, shall be enrolled by the clerk in a
1129 payment program, with periodic payment amounts corresponding to
1130 the individual's ability to pay.
1131      Section 10.  Section 28.345, Florida Statutes, is amended
1132 to read:
1133      28.345  Exemption from court-related fees and
1134 charges.--Notwithstanding any other provision of this chapter or
1135 law to the contrary, judges and those court staff acting on
1136 behalf of judges, state attorneys, guardians ad litem, attorneys
1137 ad litem, court-appointed private counsel, and public defenders,
1138 acting in their official capacity, and state agencies, are
1139 exempt from all court-related fees and charges assessed by the
1140 clerks of the circuit courts.
1141      Section 11.  Subsection (2), paragraph (a) of subsection
1142 (3), and paragraph (b) of subsection (4) of section 28.36,
1143 Florida Statutes, are amended to read:
1144      28.36  Budget procedure.--There is hereby established a
1145 budget procedure for the court-related functions of the clerks
1146 of the court.
1147      (2)(a)  For the period July 1, 2004, through September 30,
1148 2004, and for each county fiscal year ending September 30
1149 thereafter, each clerk of the court shall prepare a budget
1150 relating solely to the performance of the standard list of
1151 court-related functions pursuant to s. 28.35(4)(a).
1152      (b)  The chief judge of each circuit, after consultation
1153 with the clerk of court, shall coordinate the provision of all
1154 court-related functions and determine the priorities for the
1155 court-related functions of the clerk of court provided pursuant
1156 to s. 28.35(4)(a).
1157      (3)  Each proposed budget shall further conform to the
1158 following requirements:
1159      (a)  On or before August 15 1 for each fiscal year
1160 thereafter, the proposed budget shall be prepared, summarized,
1161 and submitted by the clerk in each county to the Clerks of Court
1162 Operations Corporation in the manner and form prescribed by the
1163 corporation conference. The proposed budget must provide
1164 detailed information on the anticipated revenues available and
1165 expenditures necessary for the performance of the standard list
1166 of court-related functions of the clerk's office developed
1167 pursuant to s. 28.35(4)(a) for the county fiscal year beginning
1168 the following October 1.
1169      (4)  If a clerk of the court estimates that available funds
1170 plus projected revenues from fines, fees, service charges, and
1171 costs for court-related services are insufficient to meet the
1172 anticipated expenditures for the standard list of court-related
1173 functions in s. 28.35(4)(a) performed by his or her office, the
1174 clerk must report the revenue deficit to the Clerks of Court
1175 Operations Corporation in the manner and form prescribed by the
1176 corporation pursuant to contract with the Chief Financial
1177 Officer. The corporation shall verify that the proposed budget
1178 is limited to the standard list of court-related functions in s.
1179 28.35(4)(a).
1180      (b)  If the Chief Financial Officer Department of Revenue
1181 finds the court-related budget proposed by a clerk includes
1182 functions not included in the standard list of court-related
1183 functions in s. 28.35(4)(a) 28.35(3)(a), the Chief Financial
1184 Officer department shall notify the clerk of the amount of the
1185 proposed budget not eligible to be funded from fees, service
1186 charges, costs, and fines for court-related functions. The clerk
1187 shall then immediately discontinue the expenditures of funds for
1188 this purpose and reimburse the Clerks of the Court Trust Fund
1189 for any expenditures incurred to date for these functions.
1190      Section 12.  Section 28.44, Florida Statutes, is created to
1191 read:
1192      28.44  Clerk discontinuance of court-related functions.--
1193      (1)  No function of the clerk of court being performed in
1194 support of the trial courts by the individual clerks of court on
1195 July 1, 2004, may be discontinued or substantially modified on a
1196 unilateral basis except pursuant to this section. A clerk of
1197 court may discontinue performing a function performed in support
1198 of the trial court only if:
1199      (a)  The chief judge of the circuit has consented in
1200 writing to the discontinuance or substantial modification of the
1201 function performed in support of the trial court; or
1202      (b)  The clerk of court has given written notice of the
1203 intention to substantially modify or discontinue a function
1204 performed in support of the trial court at least one year before
1205 the effective date of the discontinuance or substantial
1206 modification of the function.
1207      (2)  "Substantial modification" of a function performed in
1208 support of the trial court means a modification which has the
1209 effect of reducing the level of services provided to the trial
1210 court.
1211      Section 13.  Subsection (6) of section 29.004, Florida
1212 Statutes, is amended to read:
1213      29.004  State courts system.--For purposes of implementing
1214 s. 14, Art. V of the State Constitution, the elements of the
1215 state courts system to be provided from state revenues
1216 appropriated by general law are as follows:
1217      (6)  Expert witnesses who not requested by any party which
1218 are appointed by the court pursuant to an express grant of
1219 statutory authority.
1220      Section 14.  Subsections (4), (5), (6), (7), and (8) of
1221 section 29.005, Florida Statutes, are amended to read:
1222      29.005  State attorneys' offices and prosecution
1223 expenses.--For purposes of implementing s. 14, Art. V of the
1224 State Constitution, the elements of the state attorneys' offices
1225 to be provided from state revenues appropriated by general law
1226 are as follows:
1227      (4)  Mental health professionals appointed pursuant to s.
1228 394.473 and required in a court hearing involving an indigent,
1229 and mental health professionals appointed pursuant to s.
1230 916.115(2) and required in a court hearing involving an
1231 indigent.
1232      (4)(5)  Reasonable transportation services in the
1233 performance of constitutional and statutory responsibilities.
1234 Motor vehicles owned by the counties and provided exclusively to
1235 state attorneys as of July 1, 2003, and any additional vehicles
1236 owned by the counties and provided exclusively to state
1237 attorneys during fiscal year 2003-2004 shall be transferred by
1238 title to the state effective July 1, 2004.
1239      (5)(6)  Travel expenses reimbursable under s. 112.061
1240 reasonably necessary in the performance of constitutional and
1241 statutory responsibilities.
1242      (6)(7)  Reasonable library and electronic legal research
1243 services, other than a public law library.
1244      (7)(8)  Reasonable pretrial consultation fees and costs.
1245      Section 15.  Section 29.007, Florida Statutes, is amended
1246 to read:
1247      29.007  Court-appointed counsel.--For purposes of
1248 implementing s. 14, Art. V of the State Constitution, the
1249 elements of court-appointed counsel to be provided from state
1250 revenues appropriated by general law are as follows:
1251      (1)  Private attorneys appointed by the court to handle
1252 cases where the defendant is indigent and cannot be represented
1253 by the public defender under ss. 27.42 and 27.53.
1254      (2)  Private attorneys appointed by the court to represent
1255 indigents or other classes of litigants in civil proceedings
1256 requiring court-appointed counsel in accordance with state and
1257 federal constitutional guarantees and federal and state
1258 statutes.
1259      (3)  Reasonable court reporting and transcription services
1260 necessary to meet constitutional or statutory requirements,
1261 including the cost of transcribing and copying depositions of
1262 witnesses and the cost of foreign language and sign-language
1263 interpreters and translators.
1264      (4)  Witnesses, including expert witnesses, summoned to
1265 appear for an investigation, preliminary hearing, or trial in a
1266 case when the witnesses are summoned on behalf of an indigent,
1267 and any other expert witnesses approved by the court.
1268      (5)  Mental health professionals appointed pursuant to s.
1269 394.473 and required in a court hearing involving an indigent,
1270 and mental health professionals appointed pursuant to s.
1271 916.115(2) and required in a court hearing involving an
1272 indigent, and any other mental health professionals expressly
1273 required by law for the full adjudication of any civil case
1274 involving an indigent person.
1275      (6)  Reasonable pretrial consultation fees and costs.
1276      (7)  Travel expenses reimbursable under s. 112.061
1277 reasonably necessary in the performance of constitutional and
1278 statutory responsibilities.
1279
1280 Subsections (3), (4), (5), (6), and (7) apply when court-
1281 appointed counsel is appointed; when the court determines that
1282 the litigant is indigent for costs; or when the litigant is
1283 acting pro se and the court determines that the litigant is
1284 indigent for costs at the trial or appellate level. This section
1285 applies in any situation in which the court appoints counsel to
1286 protect a litigant's due-process rights.
1287      Section 16.  Subsection (1) of section 29.008, Florida
1288 Statutes, is amended to read:
1289      29.008  County funding of court-related functions.--
1290      (1)  Counties are required by s. 14, Art. V of the State
1291 Constitution to fund the cost of communications services,
1292 existing radio systems, existing multiagency criminal justice
1293 information systems, and the cost of construction or lease,
1294 maintenance, utilities, and security of facilities for the
1295 circuit and county courts, public defenders' offices, state
1296 attorneys' offices, guardian ad litem offices, and the offices
1297 of the clerks of the circuit and county courts performing court-
1298 related functions. For purposes of this section, the term
1299 "circuit and county courts" shall include the offices and
1300 staffing of the guardian ad litem programs. The county
1301 designated under s. 35.05(1) as the headquarters for each
1302 appellate district shall fund these costs for the appellate
1303 division of the public defender's office in that county. For
1304 purposes of implementing these requirements, the term:
1305      (a)  "Facility" means reasonable and necessary buildings
1306 and office space and appurtenant equipment and furnishings,
1307 structures, real estate, easements, and related interests in
1308 real estate, including, but not limited to, those for the
1309 purpose of housing legal materials for use by the general public
1310 and personnel, equipment, or functions of the circuit or county
1311 courts, public defenders' offices, state attorneys' offices, and
1312 court-related functions of the office of the clerks of the
1313 circuit and county courts and all storage. The term "facility"
1314 includes all wiring necessary for court-reporting services. The
1315 term also includes access to parking for such facilities in
1316 connection with such court-related functions that may be
1317 available free or from a private provider or a local government
1318 for a fee. The office space provided by a county may not be less
1319 than the standards for space allotment adopted by the Department
1320 of Management Services, except this requirement applies only to
1321 facilities that are leased, or on which construction commences,
1322 after June 30, 2003. County funding must include physical
1323 modifications and improvements to all facilities as are required
1324 for compliance with the Americans with Disabilities Act. Upon
1325 mutual agreement of a county and the affected entity in this
1326 paragraph, the office space provided by the county may vary from
1327 the standards for space allotment adopted by the Department of
1328 Management Services. This section applies only to facilities
1329 that are leased, or on which construction commences, after June
1330 30, 2003.
1331      1.  As of July 1, 2005, equipment and furnishings shall be
1332 limited to that appropriate and customary for courtrooms,
1333 hearing rooms, jury facilities, and other public areas in
1334 courthouses and any other facility occupied by the courts, state
1335 attorneys, and public defenders. Court-reporting equipment in
1336 these areas or facilities is not a responsibility of the county.
1337      2.  Equipment and furnishings under this paragraph in
1338 existence and owned by counties on July 1, 2005, except for that
1339 in the possession of the clerks, for areas other than
1340 courtrooms, hearing rooms, jury facilities, and other public
1341 areas in courthouses and any other facility occupied by the
1342 courts, state attorneys, and public defenders, shall be
1343 transferred to the state at no charge. This provision does not
1344 apply to any communication services as defined in paragraph (f).
1345      (b)  "Construction or lease" includes, but is not limited
1346 to, all reasonable and necessary costs of the acquisition or
1347 lease of facilities for all judicial officers, staff, jurors,
1348 volunteers of a tenant agency, and the public for the circuit
1349 and county courts, the public defenders' offices, state
1350 attorneys' offices, and for performing the court-related
1351 functions of the offices of the clerks of the circuit and county
1352 courts. This includes expenses related to financing such
1353 facilities and the existing and future cost and bonded
1354 indebtedness associated with placing the facilities in use.
1355      (c)  "Maintenance" includes, but is not limited to, all
1356 reasonable and necessary costs of custodial and groundskeeping
1357 services and renovation and reconstruction as needed to
1358 accommodate functions for the circuit and county courts, the
1359 public defenders' offices, and state attorneys' offices and for
1360 performing the court-related functions of the offices of the
1361 clerks of the circuit and county court and for maintaining the
1362 facilities in a condition appropriate and safe for the use
1363 intended.
1364      (d)  "Utilities" means all electricity services for light,
1365 heat, and power; natural or manufactured gas services for light,
1366 heat, and power; water and wastewater services and systems,
1367 stormwater or runoff services and systems, sewer services and
1368 systems, all costs or fees associated with these services and
1369 systems, and any costs or fees associated with the mitigation of
1370 environmental impacts directly related to the facility.
1371      (e)  "Security" includes but is not limited to, all
1372 reasonable and necessary costs of services of law enforcement
1373 officers or licensed security guards and all electronic,
1374 cellular, or digital monitoring and screening devices necessary
1375 to ensure the safety and security of all persons visiting or
1376 working in a facility; to provide for security of the facility,
1377 including protection of property owned by the county or the
1378 state; and for security of prisoners brought to any facility.
1379 This includes bailiffs while providing courtroom and other
1380 security for each judge and other quasi-judicial officers.
1381      (f)  "Communications services" are defined as any
1382 reasonable and necessary transmission, emission, and reception
1383 of signs, signals, writings, images, and sounds of intelligence
1384 of any nature by wire, radio, optical, audio equipment, or other
1385 electromagnetic systems and includes all facilities and
1386 equipment owned, leased, or used by judges, clerks, public
1387 defenders, state attorneys, and all staff of the state courts
1388 system, state attorneys' offices, public defenders' offices, and
1389 clerks of the circuit and county courts performing court-related
1390 functions. Such system or services shall include, but not be
1391 limited to:
1392      1.  Telephone system infrastructure, including computer
1393 lines, telephone switching equipment, and maintenance, and
1394 facsimile equipment, wireless communications, cellular
1395 telephones, pagers, and video teleconferencing equipment and
1396 line charges. Each county shall continue to provide access to a
1397 local carrier for local and long distance service and shall pay
1398 toll charges for local and long distance service.
1399      2.  All computer networks, systems and equipment, including
1400 computer hardware and software, modems, printers, wiring,
1401 network connections, maintenance, support staff or services
1402 including any county-funded support staff located in the offices
1403 of the circuit court, county courts, state attorneys, and public
1404 defenders, training, supplies, and line charges necessary for an
1405 integrated computer system to support the operations and
1406 management of the state courts system, the offices of the public
1407 defenders, the offices of the state attorneys, and the offices
1408 of the clerks of the circuit and county courts and the
1409 capability to connect those entities and reporting data to the
1410 state as required for the transmission of revenue, performance
1411 accountability, case management, data collection, budgeting, and
1412 auditing purposes. The integrated computer system shall be
1413 operational by July 1, 2006, and, at a minimum, permit the
1414 exchange of financial, performance accountability, case
1415 management, case disposition, and other data across multiple
1416 state and county information systems involving multiple users at
1417 both the state level and within each judicial circuit and be
1418 able to electronically exchange judicial case background data,
1419 sentencing scoresheets, and video evidence information stored in
1420 integrated case management systems over secure networks. Once
1421 the integrated system becomes operational, counties may reject
1422 requests to purchase communication services included in this
1423 subparagraph not in compliance with standards, protocols, or
1424 processes adopted by the board established pursuant to s.
1425 29.0086.
1426      3.  Courier messenger and subpoena services.
1427      4.  Auxiliary aids and services for qualified individuals
1428 with a disability which are necessary to ensure access to the
1429 courts. Such auxiliary aids and services include, but are not
1430 limited to, sign language interpretation services required under
1431 the federal Americans with Disabilities Act other than services
1432 required to satisfy due-process due process requirements and
1433 identified as a state funding responsibility pursuant to ss.
1434 29.004, 29.005, 29.006, and 29.007, real-time transcription
1435 services for individuals who are hearing impaired, and assistive
1436 listening devices and the equipment necessary to implement such
1437 accommodations.
1438      (g)  "Existing radio systems" includes, but is not limited
1439 to, law enforcement radio systems that are used by the circuit
1440 and county courts, the offices of the public defenders, the
1441 offices of the state attorneys, and for court-related functions
1442 of the offices of the clerks of the circuit and county courts.
1443 This includes radio systems that were operational or under
1444 contract at the time Revision No. 7, 1998, to Art. V of the
1445 State Constitution was adopted and any enhancements made
1446 thereafter, the maintenance of those systems, and the personnel
1447 and supplies necessary for operation.
1448      (h)  "Existing multiagency criminal justice information
1449 systems" includes, but is not limited to, those components of
1450 the multiagency criminal justice information system as defined
1451 in s. 943.045, supporting the offices of the circuit or county
1452 courts, the public defenders' offices, the state attorneys'
1453 offices, or those portions of the offices of the clerks of the
1454 circuit and county courts performing court-related functions
1455 that are used to carry out the court-related activities of those
1456 entities. This includes upgrades and maintenance of the current
1457 equipment, maintenance and upgrades of supporting technology
1458 infrastructure and associated staff, and services and expenses
1459 to assure continued information sharing and reporting of
1460 information to the state. The counties shall also provide
1461 additional information technology services, hardware, and
1462 software as needed for new judges and staff of the state courts
1463 system, state attorneys' offices, public defenders' offices, and
1464 the offices of the clerks of the circuit and county courts
1465 performing court-related functions.
1466      Section 17.  Subsection (2) of section 29.015, Florida
1467 Statutes, is amended to read:
1468      29.015  Contingency fund; limitation of authority to
1469 transfer funds in contracted due-process due process services
1470 appropriation categories.--
1471      (2)  In the event that a state attorney or public defender
1472 incurs a deficit in a contracted due-process due process
1473 services appropriation category, the following steps shall be
1474 taken in order:
1475      (a)  The state attorney or public defender shall first
1476 attempt to identify surplus funds from other appropriation
1477 categories within his or her office and submit a budget
1478 amendment pursuant to chapter 216 to transfer funds from within
1479 the office.
1480      (b)  In the event that the state attorney or public
1481 defender is unable to identify surplus funds from within his or
1482 her office, he or she shall certify this to the Justice
1483 Administrative Commission along with a complete explanation of
1484 the circumstances which led to the deficit and steps the office
1485 has taken to reduce or alleviate the deficit. The Justice
1486 Administrative Commission shall inquire as to whether any other
1487 office has surplus funds in its contracted due-process due
1488 process services appropriation categories which can be
1489 transferred to the office that is experiencing the deficit. If
1490 other offices indicate that surplus funds are available within
1491 the same appropriation category, the Justice Administrative
1492 Commission shall adjust the initial allocation of funds among
1493 circuits provided that such adjustment is not in conflict with
1494 specific direction provided in the General Appropriations Act
1495 and shall provide notice to the Governor and the chair and vice
1496 chair of the Legislative Budget Commission at least 14 days
1497 prior to making the adjustment. If funds are available from a
1498 different appropriation category, the Justice Administrative
1499 Commission shall request a budget amendment pursuant to all
1500 applicable provisions of chapter 216 request a budget amendment
1501 to transfer funds from the office or offices to alleviate the
1502 deficit upon agreement of the contributing office or offices.
1503      (c)  If no office indicates that surplus funds are
1504 available to alleviate the deficit, the Justice Administrative
1505 Commission may request a budget amendment to transfer funds from
1506 the contingency fund. Such transfers shall be in accordance with
1507 all applicable provisions of chapter 216 and shall be subject to
1508 review and approval by the Legislative Budget Commission. The
1509 Justice Administrative Commission shall submit the documentation
1510 provided by the office explaining the circumstances that led to
1511 the deficit and the steps taken by the office and the Justice
1512 Administrative Commission to identify surplus funds to the
1513 Legislative Budget Commission.
1514      Section 18.  Section 29.018, Florida Statutes, is amended
1515 to read:
1516      29.018  Cost sharing of due-process services due process
1517 costs; legislative intent.--It is the intent of the Legislature
1518 to provide state-funded due-process due process services to the
1519 state courts system, state attorneys, public defenders, and
1520 court-appointed counsel in the most cost-effective and efficient
1521 manner. The state courts system, state attorneys, public
1522 defenders, and the Justice Administrative Commission on behalf
1523 of court-appointed counsel may enter into contractual agreements
1524 to share, on a pro rata basis, the costs associated with court
1525 reporting services, court interpreter and translation services,
1526 court experts, and all other due-process due process services
1527 funded by the state pursuant to this chapter. These costs shall
1528 be budgeted within the funds appropriated to each of the
1529 affected users of services.
1530      Section 19.  Subsection (1) of section 34.045, Florida
1531 Statutes, is amended to read:
1532      34.045  Cost recovery; use of the county court for
1533 ordinance or special law violations.--
1534      (1)(a)  In lieu of payment of a filing fee under s. 34.041,
1535 a filing fee of $10 shall be paid by a county or municipality
1536 when filing a violation of a county or municipal ordinance or a
1537 violation of a special law in county court. This fee shall be
1538 paid to the clerk of the court for performing court-related
1539 functions. A county or municipality is not required to pay more
1540 than one filing fee for a single filing against a single
1541 defendant that contains multiple alleged violations. A filing
1542 fee, other than that imposed under this section, may not be
1543 assessed for initiating an enforcement proceeding in county
1544 court for a violation of a county or municipal code or ordinance
1545 or a violation of a special law. The filing fee shall not apply
1546 to instances in which a county or municipality has contracted
1547 with the state, or has been delegated by the state,
1548 responsibility for enforcing state operations, policies, or
1549 requirements under s. 125.69, s. 166.0415, or chapter 162.
1550      (b)  No other filing fee may be assessed for filing the
1551 violation in county court. If a person contests the violation in
1552 court, the court shall assess $40 in costs against the
1553 nonprevailing party. The county or municipality shall be
1554 considered the prevailing party when there is a plea or finding
1555 of violation or guilt to any count or lesser included offense of
1556 the charge or companion case charges, regardless of
1557 adjudication. Costs Cost recovered pursuant to this paragraph
1558 shall be deposited into the clerk's fine and forfeiture fund
1559 established pursuant to s. 142.01.
1560      (c)  If the person does not contest the violation in court
1561 or if the county or municipality is the prevailing party, the
1562 court shall assess the person or nonprevailing party $10 for the
1563 filing fee provided in paragraph (a), which amount shall be
1564 forwarded to the county or municipality.
1565      Section 20.  Section 34.191, Florida Statutes, is amended
1566 to read:
1567      34.191  Fines and forfeitures; dispositions.--
1568      (1)  All fines and forfeitures arising from offenses tried
1569 in the county court shall be collected and accounted for by the
1570 clerk of the court and, other than the charge provided in s.
1571 318.1215, disbursed in accordance with ss. 28.2402, 34.045,
1572 142.01, and 142.03 142.13 and subject to the provisions of s.
1573 28.246(5) and (6). Notwithstanding the provisions of this
1574 section, all fines and forfeitures arising from operation of the
1575 provisions of s. 318.1215 shall be disbursed in accordance with
1576 that section.
1577      (2)  All fines and forfeitures received from violations of
1578 municipal ordinances committed within a municipality within the
1579 territorial jurisdiction of the county court, other than the
1580 charge provided in s. 318.1215, shall be paid monthly to the
1581 municipality except as provided in s. 28.2402(2), s. 34.045(2),
1582 s. 318.21, or s. 943.25. A municipality does not include the
1583 unincorporated areas, if any, of a government created pursuant
1584 to s. 6(e), Art. VIII of the State Constitution.
1585      (3)  All other fines and forfeitures collected by the
1586 clerk, other than the charge provided in s. 318.1215, shall be
1587 considered income of the office of the clerk for use in
1588 performing court-related duties of the office.
1589      Section 21.  Subsection (3) of section 39.0132, Florida
1590 Statutes, is amended to read:
1591      39.0132  Oaths, records, and confidential information.--
1592      (3)  The clerk shall keep all court records required by
1593 this chapter separate from other records of the circuit court.
1594 All court records required by this chapter shall not be open to
1595 inspection by the public. All records shall be inspected only
1596 upon order of the court by persons deemed by the court to have a
1597 proper interest therein, except that, subject to the provisions
1598 of s. 63.162, a child and the parents of the child and their
1599 attorneys, guardian ad litem, law enforcement agencies, and the
1600 department and its designees shall always have the right to
1601 inspect and copy any official record pertaining to the child.
1602 The Justice Administrative Commission may inspect court dockets
1603 required by this chapter as necessary to audit compensation of
1604 court-appointed attorneys. If the docket is insufficient for
1605 purposes of the audit, the commission may petition the court for
1606 additional documentation as necessary and appropriate. The court
1607 may permit authorized representatives of recognized
1608 organizations compiling statistics for proper purposes to
1609 inspect and make abstracts from official records, under whatever
1610 conditions upon their use and disposition the court may deem
1611 proper, and may punish by contempt proceedings any violation of
1612 those conditions.
1613      Section 22.  Subsection (1) of section 39.821, Florida
1614 Statutes, is amended to read:
1615      39.821  Qualifications of guardians ad litem.--
1616      (1)  Because of the special trust or responsibility placed
1617 in a guardian ad litem, the Guardian Ad Litem Program may use
1618 any private funds collected by the program, or any state funds
1619 so designated, to conduct a security background investigation
1620 before certifying a volunteer to serve. A security background
1621 investigation must include, but need not be limited to,
1622 employment history checks, checks of references, local criminal
1623 records checks through local law enforcement agencies, and
1624 statewide criminal records checks through the Department of Law
1625 Enforcement. Upon request, an employer shall furnish a copy of
1626 the personnel record for the employee or former employee who is
1627 the subject of a security background investigation conducted
1628 under this section. The information contained in the personnel
1629 record may include, but need not be limited to, disciplinary
1630 matters and the reason why the employee was terminated from
1631 employment. An employer who releases a personnel record for
1632 purposes of a security background investigation is presumed to
1633 have acted in good faith and is not liable for information
1634 contained in the record without a showing that the employer
1635 maliciously falsified the record. A security background
1636 investigation conducted under this section must ensure that a
1637 person is not certified as a guardian ad litem if the person has
1638 been convicted of, regardless of adjudication, or entered a plea
1639 of nolo contendere or guilty to, any offense prohibited under
1640 the provisions of the Florida Statutes specified in s. 435.04(2)
1641 or under any similar law in another jurisdiction. Before
1642 certifying an applicant to serve as a guardian ad litem, the
1643 Guardian Ad Litem Program chief judge of the circuit court may
1644 request a federal criminal records check of the applicant
1645 through the Federal Bureau of Investigation. In analyzing and
1646 evaluating the information obtained in the security background
1647 investigation, the program must give particular emphasis to past
1648 activities involving children, including, but not limited to,
1649 child-related criminal offenses or child abuse. The program has
1650 the sole discretion in determining whether to certify a person
1651 based on his or her security background investigation. The
1652 information collected pursuant to the security background
1653 investigation is confidential and exempt from s. 119.07(1).
1654      Section 23.  Section 39.822, Florida Statutes, is amended
1655 to read:
1656      39.822  Appointment of guardian ad litem for abused,
1657 abandoned, or neglected child.--
1658      (1)  A guardian ad litem shall be appointed by the court at
1659 the earliest possible time to represent the child in any child
1660 abuse, abandonment, or neglect judicial proceeding, whether
1661 civil or criminal. Any person participating in a civil or
1662 criminal judicial proceeding resulting from such appointment
1663 shall be presumed prima facie to be acting in good faith and in
1664 so doing shall be immune from any liability, civil or criminal,
1665 that otherwise might be incurred or imposed.
1666      (2)  In those cases in which the parents are financially
1667 able, the parent or parents of the child shall reimburse the
1668 court, in part or in whole, for the cost of provision of
1669 guardian ad litem services. Reimbursement to the individual
1670 providing guardian ad litem services shall not be contingent
1671 upon successful collection by the court from the parent or
1672 parents.
1673      (3)  Upon presentation by a guardian ad litem of a court
1674 order appointing the guardian ad litem:
1675      (a)  An agency, as defined in chapter 119, shall allow the
1676 guardian ad litem to inspect and copy records related to the
1677 best interests of the child who is the subject of the
1678 appointment, including, but not limited to, records made
1679 confidential or exempt from s. 119.07(1) or s. 24(a), Art. I of
1680 the State Constitution. The guardian ad litem shall maintain the
1681 confidential or exempt status of any records shared by an agency
1682 under this paragraph.
1683      (b)  A person or organization, other than an agency under
1684 paragraph (a), shall allow the guardian ad litem to inspect and
1685 copy any records related to the best interests of the child who
1686 is the subject of the appointment, including, but not limited
1687 to, confidential records.
1688
1689 For the purposes of this subsection, the term "records related
1690 to the best interests of the child" includes, but is not limited
1691 to, medical, mental health, substance abuse, child care,
1692 education, law enforcement, court, social services, and
1693 financial records.
1694      (4)(3)  The guardian ad litem or the program representative
1695 shall review all disposition recommendations and changes in
1696 placements, and must be present at all critical stages of the
1697 dependency proceeding or submit a written report of
1698 recommendations to the court. Written reports must be filed with
1699 the court and served on all parties whose whereabouts are known
1700 at least 72 hours prior to the hearing.
1701      Section 24.  Subsection (1) of section 40.29, Florida
1702 Statutes, is amended to read:
1703      40.29  Payment of due-process due process costs.--
1704      (1)(a)  Each clerk of the circuit court, on behalf of the
1705 courts, the state attorney, court-appointed counsel, and the
1706 public defender, shall forward to the Justice Administrative
1707 Commission, by county, a quarterly estimate of funds necessary
1708 to pay for ordinary witnesses, including, but not limited to,
1709 witnesses in civil traffic cases and witnesses of the state
1710 attorney, public defender, court-appointed counsel, and persons
1711 determined to be indigent for costs except expert witnesses paid
1712 pursuant to a contract or other professional services agreement,
1713 pursuant to ss. 29.005 and 29.006. Each quarter of the state
1714 fiscal year, the commission, based upon the estimates, shall
1715 advance funds to each clerk to pay for these ordinary witnesses
1716 from state funds specifically appropriated for the payment of
1717 ordinary witnesses.
1718      (b)  Each clerk of the circuit court shall forward to the
1719 Office of the State Courts Administrator, by county, a quarterly
1720 estimate of funds necessary to pay juror compensation.
1721      Section 25.  Section 40.355, Florida Statutes, is created
1722 to read:
1723      40.355  Accounting and payment to public defenders and
1724 state attorneys.--The clerk of the court shall, within 2 weeks
1725 after the last day of the state's fiscal year, render to the
1726 state attorney and the public defender in each circuit a full
1727 statement of accounts for moneys received and disbursed under
1728 this chapter and, upon request of the state attorney or public
1729 defender, shall refund to the state attorney or public defender
1730 any balance.
1731      Section 26.  Subsection (7) is added to section 43.16,
1732 Florida Statutes, to read:
1733      43.16  Justice Administrative Commission; membership,
1734 powers and duties.--
1735      (7)  Chapter 120 does not apply to the Justice
1736 Administrative Commission.
1737      Section 27.  Subsection (6) is added to section 43.26,
1738 Florida Statutes, to read:
1739      43.26  Chief judge of circuit; selection; powers.--
1740      (6)  The chief judge of each circuit is charged by s. 2(d),
1741 Article V of the Florida Constitution and this section with the
1742 authority to promote the prompt and efficient administration of
1743 justice in the courts over which he or she is chief judge. The
1744 clerks of court provide court-related functions which are
1745 essential to the orderly administration of the judicial branch.
1746 The chief judge of each circuit shall consult with each clerk of
1747 court to determine the priority of services provided by the
1748 clerk of court to the trial court pursuant to s. 28.35(4)(a).
1749      Section 28.  Paragraph (b) of subsection (4) of section
1750 44.102, Florida Statutes, is amended to read:
1751      44.102  Court-ordered mediation.--
1752      (4)  The chief judge of each judicial circuit shall
1753 maintain a list of mediators who have been certified by the
1754 Supreme Court and who have registered for appointment in that
1755 circuit.
1756      (b)  Nonvolunteer mediators shall be compensated according
1757 to rules adopted by the Supreme Court. If a mediation program is
1758 funded pursuant to s. 44.108, a mediator may be compensated by
1759 the county or by the parties. When a party has been declared
1760 indigent or insolvent, that party's pro rata share of a
1761 mediator's compensation shall be paid by the county at the rate
1762 set by administrative order of the chief judge of the circuit.
1763      Section 29.  Section 44.108, Florida Statutes, is amended
1764 to read:
1765      44.108  Funding of mediation and arbitration.--
1766      (1)  Mediation and arbitration should be accessible to all
1767 parties regardless of financial status. A filing fee of $1 is
1768 levied on all proceedings in the circuit or county courts to
1769 fund mediation and arbitration services which are the
1770 responsibility of the Supreme Court pursuant to the provisions
1771 of s. 44.106. The clerk of the court shall forward the moneys
1772 collected to the Department of Revenue for deposit in the state
1773 courts' Mediation and Arbitration Trust Fund.
1774      (2)  When court-ordered mediation services are provided by
1775 a circuit court's mediation program, the following fees, unless
1776 otherwise established in the General Appropriations Act, shall
1777 be collected by the clerk of court:
1778      (a)  Eighty dollars per person per scheduled session in
1779 family mediation when the parties' combined income is greater
1780 than $50,000, but less than $100,000 per year;
1781      (b)  Forty dollars per person per scheduled session in
1782 family mediation when the parties' combined income is less than
1783 $50,000; or
1784      (c)  Forty dollars per person per scheduled session in
1785 county court cases.
1786
1787 No mediation fees shall be assessed under this subsection in
1788 residential eviction cases, against a party found to be
1789 indigent, or for any small claims action. Fees collected by the
1790 clerk of court pursuant to this section shall be remitted to the
1791 Department of Revenue for deposit into the state courts'
1792 Mediation and Arbitration Trust Fund to fund court-ordered
1793 mediation. The clerk of court may deduct $1 per fee assessment
1794 for processing this fee. The clerk of the court shall submit to
1795 the chief judge of the circuit, no later than 30 days after the
1796 end of each quarter, a report specifying the amount of funds
1797 collected under this section during each quarter of the fiscal
1798 year.
1799      Section 30.  Section 57.082, Florida Statutes, is created
1800 to read:
1801      57.082  Determination of civil indigent status.--
1802      (1)  APPLICATION TO THE CLERK.--A person seeking
1803 appointment of a private attorney in a civil case eligible for
1804 court-appointed counsel, or seeking relief from prepayment of
1805 fees and costs under s. 57.081, based upon an inability to pay
1806 must apply to the clerk of the court for a determination of
1807 civil indigent status using an application form developed by the
1808 Florida Clerks of Court Operations Corporation with final
1809 approval by the Supreme Court.
1810      (a)  The application must include, at a minimum, the
1811 following financial information:
1812      1.  Net income, consisting of total salary and wages, minus
1813 deductions required by law, including court-ordered support
1814 payments.
1815      2.  Other income, including, but not limited to, social
1816 security benefits, union funds, veterans' benefits, workers'
1817 compensation, other regular support from absent family members,
1818 public or private employee pensions, unemployment compensation,
1819 dividends, interest, rent, trusts, and gifts.
1820      3.  Assets, including, but not limited to, cash, savings
1821 accounts, bank accounts, stocks, bonds, certificates of deposit,
1822 equity in real estate, and equity in a boat or a motor vehicle
1823 or in other tangible property.
1824      4.  All liabilities and debts.
1825
1826 The application must include a signature by the applicant which
1827 attests to the truthfulness of the information provided. The
1828 application form developed by the corporation must include
1829 notice that the applicant may seek court review of a clerk's
1830 determination that the applicant is not indigent, as provided in
1831 this section.
1832      (b)  The clerk shall assist a person who appears before the
1833 clerk and requests assistance in completing the application and
1834 the clerk shall notify the court if a person is unable to
1835 complete the application after the clerk has provided
1836 assistance.
1837      (c)  The clerk shall accept an application that is signed
1838 by the applicant and submitted on his or her behalf by a private
1839 attorney who is representing the applicant in the applicable
1840 matter.
1841      (2)  DETERMINATION BY THE CLERK.--The clerk of the court
1842 shall determine whether an applicant seeking such designation is
1843 indigent based upon the information provided in the application
1844 and the criteria prescribed in this subsection.
1845      (a)1.  An applicant, including an applicant who is a minor
1846 or an adult tax-dependent person, is indigent if the applicant's
1847 income is equal to or below 200 percent of the then-current
1848 federal poverty guidelines prescribed for the size of the
1849 household of the applicant by the United States Department of
1850 Health and Human Services.
1851      2.  There is a presumption that the applicant is not
1852 indigent if the applicant owns, or has equity in, any intangible
1853 or tangible personal property or real property or the expectancy
1854 of an interest in any such property having a net equity value of
1855 $2,500 or more, excluding the value of the person's homestead
1856 and one vehicle having a net value not exceeding $5,000.
1857      (b)  Based upon its review, the clerk shall make one of the
1858 following determinations:
1859      1.  The applicant is not indigent.
1860      2.  The applicant is indigent.
1861      (c)  If the clerk determines that the applicant is
1862 indigent, the clerk shall immediately file the determination in
1863 the case record.
1864      (d)  The duty of the clerk in determining whether an
1865 applicant is indigent is limited to receiving the application
1866 and comparing the information provided in the application to the
1867 criteria prescribed in this subsection. The determination of
1868 indigent status is a ministerial act of the clerk and may not be
1869 based on further investigation or the exercise of independent
1870 judgment by the clerk. The clerk may contract with third parties
1871 to perform functions assigned to the clerk under this section.
1872      (e)  The applicant may seek review of the clerk's
1873 determination that the applicant is not indigent in the court
1874 having jurisdiction over the matter by filing a petition to
1875 review the clerk's determination of nonindigent status for which
1876 a filing fee may not be charged. If the applicant seeks review
1877 of the clerk's determination of indigent status, the court shall
1878 make a final determination as provided in subsection (4).
1879      (3)  APPOINTMENT OF COUNSEL ON AN INTERIM BASIS.--If the
1880 clerk of the court has not made a determination of indigent
1881 status at the time a person requests appointment of a private
1882 attorney in a civil case eligible for court-appointed counsel,
1883 the court shall make a preliminary determination of indigent
1884 status, pending further review by the clerk, and may, by court
1885 order, appoint private counsel on an interim basis.
1886      (4)  REVIEW OF THE CLERK'S DETERMINATION.--
1887      (a)  If the clerk of the court determines that the
1888 applicant is not indigent and the applicant seeks review of the
1889 clerk's determination, the court shall make a final
1890 determination of indigent status by reviewing the information
1891 provided in the application against the criteria prescribed in
1892 subsection (2) and by considering the following additional
1893 factors:
1894      1.  Whether paying for private counsel or other fees and
1895 costs creates a substantial hardship for the applicant or the
1896 applicant's family.
1897      2.  Whether the applicant is proceeding pro se or is
1898 represented by a private attorney for a fee or on a pro-bono
1899 basis.
1900      3.  When the applicant retained private counsel.
1901      4.  The amount of any attorney's fees and who is paying the
1902 fees.
1903      5.  Any other relevant financial circumstances of the
1904 applicant or the applicant's family.
1905      (b)  Based upon its review, the court shall make one of the
1906 following determinations and shall, if appropriate, appoint
1907 private counsel:
1908      1.  The applicant is not indigent.
1909      2.  The applicant is indigent.
1910      (5)  PROCESSING CHARGE; PAYMENT PLANS.--A person who the
1911 clerk or the court determines is indigent for civil proceedings
1912 under this section shall be enrolled in a payment plan under s.
1913 28.246 and shall be charged a one-time administrative processing
1914 charge under s. 28.24(26)(c). A monthly payment amount,
1915 calculated based upon all fees and all anticipated costs, is
1916 presumed to correspond to the person's ability to pay if it does
1917 not exceed 2 percent of the person's annual net income, as
1918 defined in subsection (1), divided by 12. The person may seek
1919 review of the clerk's decisions regarding a payment plan
1920 established under s. 28.246 in the court having jurisdiction
1921 over the matter. A case may not be impeded in any way, delayed
1922 in filing, or delayed in its progress, including the final
1923 hearing and order, due to nonpayment of any fees by an indigent
1924 person.
1925      (6)  FINANCIAL DISCREPANCIES; FRAUD; FALSE INFORMATION.--
1926      (a)  If the court learns of discrepancies between the
1927 application and the actual financial status of the person found
1928 to be indigent, the court shall determine whether the status and
1929 any relief provided as a result of that status shall be revoked.
1930 The person may be heard regarding the information learned by the
1931 court. If the court, based on the information, determines that
1932 the person is not indigent, the court shall revoke the provision
1933 of any relief under this section.
1934      (b)  If the court has reason to believe that any applicant,
1935 through fraud or misrepresentation, was improperly determined to
1936 be indigent, the matter shall be referred to the state attorney.
1937 Twenty-five percent of any amount recovered by the state
1938 attorney as reasonable value of the services rendered, including
1939 fees, charges, and costs paid by the state on the person's
1940 behalf, shall be remitted to the Department of Revenue for
1941 deposit into the Grants and Donations Trust Fund within the
1942 Justice Administrative Commission. Seventy-five percent of any
1943 amount recovered shall be remitted to the Department of Revenue
1944 for deposit into the General Revenue Fund.
1945      (c)  A person who knowingly provides false information to
1946 the clerk or the court in seeking a determination of indigent
1947 status under this section commits a misdemeanor of the first
1948 degree, punishable as provided in s. 775.082 or s. 775.083.
1949      Section 31.  Subsection (1) of section 92.142, Florida
1950 Statutes, is amended to read:
1951      92.142  Witnesses; pay.--
1952      (1)  Witnesses in all cases, civil and criminal, in all
1953 courts, now or hereafter created, and witnesses summoned before
1954 any arbitrator or general or special magistrate appointed by the
1955 court shall receive for each day's actual attendance $5 and also
1956 6 cents per mile for actual distance traveled to and from the
1957 courts. A witness in a criminal case required to appear in a
1958 county other than the county of his or her residence and
1959 residing more than 50 miles from the location of the trial shall
1960 be entitled to per diem and travel expenses at the same rate
1961 provided for state employees under s. 112.061, in lieu of any
1962 other witness fee at the discretion of the court.
1963      Section 32.  Effective July 1, 2006, subsections (2) and
1964 (3) of section 92.231, Florida Statutes, are amended to read:
1965      92.231  Expert witnesses; fee.--
1966      (2)  Any expert or skilled witness who shall have testified
1967 in any cause shall be allowed a witness fee including the cost
1968 of any exhibits used by such witness in an amount agreed to by
1969 the parties, and the same shall be taxed as costs. In instances
1970 where services are provided for the state, including for state-
1971 paid private court-appointed counsel, payment from state funds
1972 shall be in accordance with standards adopted by the Legislature
1973 after receiving recommendations from the Article V Indigent
1974 Services Advisory Board.
1975      (3)  In a criminal case in which the state or an indigent
1976 defendant requires the services of an expert witness whose
1977 opinion is relevant to the issues of the case, the expert
1978 witness shall be compensated in accordance with standards
1979 adopted by the Legislature after receiving recommendations from
1980 the Article V Indigent Services Advisory Board.
1981      Section 33.  Paragraph (c) of subsection (2) of section
1982 110.205, Florida Statutes, is amended to read:
1983      110.205  Career service; exemptions.--
1984      (2)  EXEMPT POSITIONS.--The exempt positions that are not
1985 covered by this part include the following:
1986      (c)  All members, officers, and employees of the judicial
1987 branch and the Justice Administrative Commission.
1988      Section 34.  Subsection (1) of section 116.01, Florida
1989 Statutes, is amended to read:
1990      116.01  Payment of public funds into treasury.--
1991      (1)  Every state and county officer within this state
1992 authorized to collect funds due the state or county shall pay
1993 all sums officially received by the officer into the state or
1994 county treasury not later than 7 working days from the close of
1995 the week in which the officer received the funds. Funds received
1996 by the county officer on behalf of the state shall be deposited
1997 directly to the account of the State Treasury not later than 7
1998 working days from the close of the week in which the officer
1999 received the funds. The clerk of the court, when collecting
2000 funds as part of the clerk's court-related functions, must remit
2001 those funds as required under s. 28.245.
2002      Section 35.  Paragraph (gg) of subsection (6) of section
2003 119.07, Florida Statutes, is amended to read:
2004      119.07  Inspection and copying of records; photographing
2005 public records; fees; exemptions.--
2006      (6)
2007      (gg)1.  Until January 1, 2007 2006, if a social security
2008 number, made confidential and exempt pursuant to s. 119.0721,
2009 created pursuant to s. 1, ch. 2002-256, passed during the 2002
2010 regular legislative session, or a complete bank account, debit,
2011 charge, or credit card number made exempt pursuant to paragraph
2012 (dd), created pursuant to s. 1, ch. 2002-257, passed during the
2013 2002 regular legislative session, is or has been included in a
2014 court file, such number may be included as part of the court
2015 record available for public inspection and copying unless
2016 redaction is requested by the holder of such number, or by the
2017 holder's attorney or legal guardian, in a signed, legibly
2018 written request specifying the case name, case number, document
2019 heading, and page number. The request must be delivered by mail,
2020 facsimile, electronic transmission, or in person to the clerk of
2021 the circuit court. The clerk of the circuit court does not have
2022 a duty to inquire beyond the written request to verify the
2023 identity of a person requesting redaction. A fee may not be
2024 charged for the redaction of a social security number or a bank
2025 account, debit, charge, or credit card number pursuant to such
2026 request.
2027      2.  Any person who prepares or files a document to be
2028 recorded in the official records by the county recorder as
2029 provided in chapter 28 may not include a person's social
2030 security number or complete bank account, debit, charge, or
2031 credit card number in that document unless otherwise expressly
2032 required by law. Until January 1, 2007 2006, if a social
2033 security number or a complete bank account, debit, charge or
2034 credit card number is or has been included in a document
2035 presented to the county recorder for recording in the official
2036 records of the county, such number may be made available as part
2037 of the official record available for public inspection and
2038 copying. Any person, or his or her attorney or legal guardian,
2039 may request that a county recorder remove from an image or copy
2040 of an official record placed on a county recorder's publicly
2041 available Internet website, or a publicly available Internet
2042 website used by a county recorder to display public records
2043 outside the office or otherwise made electronically available
2044 outside the county recorder's office to the general public, his
2045 or her social security number or complete account, debit,
2046 charge, or credit card number contained in that official record.
2047 Such request must be legibly written, signed by the requester,
2048 and delivered by mail, facsimile, electronic transmission, or in
2049 person to the county recorder. The request must specify the
2050 identification page number of the document that contains the
2051 number to be redacted. The county recorder does not have a duty
2052 to inquire beyond the written request to verify the identity of
2053 a person requesting redaction. A fee may not be charged for
2054 redacting such numbers.
2055      3.  Upon the effective date of this act, subsections (3)
2056 and (4) of s. 119.0721, do not apply to the clerks of the court
2057 or the county recorder with respect to circuit court records and
2058 official records.
2059      4.  On January 1, 2007 2006, and thereafter, the clerk of
2060 the circuit court and the county recorder must keep complete
2061 bank account, debit, charge, and credit card numbers exempt as
2062 provided for in paragraph (dd), and must keep social security
2063 numbers confidential and exempt as provided for in s. 119.0721,
2064 without any person having to request redaction.
2065      Section 36.  Subsection (4) of section 142.01, Florida
2066 Statutes, is amended to read:
2067      142.01  Fine and forfeiture fund; clerk of the circuit
2068 court.--There shall be established by the clerk of the circuit
2069 court in each county of this state a separate fund to be known
2070 as the fine and forfeiture fund for use by the clerk of the
2071 circuit court in performing court-related functions. The fund
2072 shall consist of the following:
2073      (4)  Proceeds from forfeited bail bonds, unclaimed bonds,
2074 unclaimed moneys, or recognizances pursuant to ss. 321.05(4)(a),
2075 372.72(1), and 903.26(3)(a).
2076
2077 Notwithstanding the provisions of this section, all fines and
2078 forfeitures arising from operation of the provisions of s.
2079 318.1215 shall be disbursed in accordance with that section.
2080      Section 37.  Subsection (5) is added to section 213.13,
2081 Florida Statutes, to read:
2082      213.13  Electronic remittance and distribution of funds
2083 collected by clerks of the court.--
2084      (5)  All court-related collections, including fees, fines,
2085 reimbursements, court costs, and other court-related funds that
2086 the clerks must remit to the state pursuant to law, must be
2087 transmitted electronically by the 20th day of the month
2088 immediately following the month in which the funds are
2089 collected.
2090      Section 38.  Section 219.07, Florida Statutes, is amended
2091 to read:
2092      219.07  Disbursements.--Each officer shall, not later than
2093 7 working days from the close of the week in which the officer
2094 received the funds, distribute the money which is required to be
2095 paid to other officers, agencies, funds, or persons entitled to
2096 receive the same; provided, that distributions or partial
2097 distributions may be made more frequently; and provided further,
2098 that money required by law or court order, or by the purpose for
2099 which it was collected, to be held and disbursed for a
2100 particular purpose in a manner different from that set out
2101 herein shall be held and disbursed accordingly. Further, money
2102 collected by the county officer on behalf of the state, except
2103 for money collected by the clerk of the court as part of court-
2104 related functions, shall be deposited directly to the account of
2105 the State Treasury not later than 7 working days from the close
2106 of the week in which the officer received the funds. The clerk
2107 of the court, when collecting money as part of the clerk's
2108 court-related functions, must remit that money as required under
2109 s. 28.245.
2110      Section 39.  Subsection (1) of section 219.075, Florida
2111 Statutes, is amended to read:
2112      219.075  Investment of surplus funds by county officers.--
2113      (1)(a)  Except when another procedure is prescribed by law
2114 or by ordinance as to particular funds, a tax collector or any
2115 other county officer having, receiving, or collecting any money,
2116 either for his or her office or on behalf of and subject to
2117 subsequent distribution to another officer of state or local
2118 government, while such money is in excess of that required to
2119 meet current expenses or is pending distribution, shall invest
2120 such money, without limitation, as provided in s. 218.415.
2121      (b)  These investments shall be planned so as not to slow
2122 the normal distribution of the subject funds. The investment
2123 earnings shall be reasonably apportioned and allocated and shall
2124 be credited to the account of, and paid to, the office or
2125 distributee, together with the principal on which such earnings
2126 accrued.
2127      (c)  This section does not apply to the clerk of the
2128 circuit court with respect to money collected as part of the
2129 clerk's court-related functions. The clerk, however, shall remit
2130 this money as provided under s. 28.245.
2131      Section 40.  Section 318.121, Florida Statutes, is amended
2132 to read:
2133      318.121  Preemption of additional fees, fines, surcharges,
2134 and costs.--Notwithstanding any general or special law, or
2135 municipal or county ordinance, additional fees, fines,
2136 surcharges, or costs other than the court costs and surcharges
2137 assessed under s. 318.18(11) and (13), may not be added to the
2138 civil traffic penalties assessed in this chapter.
2139      Section 41.  Subsection (13) of section 318.18, Florida
2140 Statutes, is amended to read:
2141      318.18  Amount of civil penalties.--The penalties required
2142 for a noncriminal disposition pursuant to s. 318.14 are as
2143 follows:
2144      (13)  In addition to any penalties imposed for noncriminal
2145 traffic infractions pursuant to this chapter or imposed for
2146 criminal violations listed in s. 318.17, a board of county
2147 commissioners or any unit of local government which is
2148 consolidated as provided by s. 9, Art. VIII of the State
2149 Constitution of 1885, as preserved by s. 6(e), Art. VIII of the
2150 Constitution of 1968:
2151      (a)  May impose by ordinance a surcharge of up to $15 for
2152 any infraction or violation to fund state court facilities. The
2153 court shall not waive this surcharge. Up to 25 percent of the
2154 revenue from such surcharge may be used to support local law
2155 libraries provided that the county or unit of local government
2156 provides a level of service equal to that provided prior to July
2157 1, 2004, which shall include the continuation of library
2158 facilities located in or near the county courthouse or annexes.
2159      (b)  That imposed increased fees or service charges by
2160 ordinance under s. 28.2401, s. 28.241, or s. 34.041 for the
2161 purpose of securing payment of the principal and interest on
2162 bonds issued by the county before July 1, 2003, to finance state
2163 court facilities, may impose by ordinance a surcharge for any
2164 infraction or violation for the exclusive purpose of securing
2165 payment of the principal and interest on bonds issued by the
2166 county before July 1, 2003, to fund state court facilities until
2167 the date of stated maturity. The court shall not waive this
2168 surcharge. Such surcharge may not exceed an amount per violation
2169 calculated as the quotient of the maximum annual payment of the
2170 principal and interest on the bonds as of July 1, 2003, divided
2171 by the number of traffic citations for county fiscal year 2002-
2172 2003 certified as paid by the clerk of the court of the county.
2173 Such quotient shall be rounded up to the next highest dollar
2174 amount. The bonds may be refunded only if savings will be
2175 realized on payments of debt service and the refunding bonds are
2176 scheduled to mature on the same date or before the bonds being
2177 refunded.
2178
2179 A county may not impose both of the surcharges authorized under
2180 paragraphs (a) and (b) concurrently. The clerk of court shall
2181 report, no later than 30 days after the end of the quarter, the
2182 amount of funds collected under this subsection during each
2183 quarter of the fiscal year. The clerk shall submit the report,
2184 in a format developed by the Office of State Courts
2185 Administrator, to the chief judge of the circuit, the Governor,
2186 the President of the Senate, and the Speaker of the House of
2187 Representatives.
2188      Section 42.  Paragraph (g) of subsection (2) of section
2189 318.21, Florida Statutes, is amended to read:
2190      318.21  Disposition of civil penalties by county
2191 courts.--All civil penalties received by a county court pursuant
2192 to the provisions of this chapter shall be distributed and paid
2193 monthly as follows:
2194      (2)  Of the remainder:
2195      (g)1.  If the violation occurred within a special
2196 improvement district of the Seminole Indian Tribe or Miccosukee
2197 Indian Tribe, 56.4 percent shall be paid to that special
2198 improvement district.
2199      2.  If the violation occurred within a municipality, 50.8
2200 percent shall be paid to that municipality and 5.6 percent shall
2201 be deposited into the fine and forfeiture trust fund established
2202 pursuant to s. 142.01.
2203      3.  If the violation occurred within the unincorporated
2204 area of a county, including the unincorporated areas, if any, of
2205 a government created pursuant to s. 6(e), Article VIII of the
2206 State Constitution, that is not within a special improvement
2207 district of the Seminole Indian Tribe or Miccosukee Indian
2208 Tribe, 56.4 percent shall be deposited into the fine and
2209 forfeiture fund established pursuant to s. 142.01.
2210      Section 43.  Section 318.31, Florida Statutes, is amended
2211 to read:
2212      318.31  Objectives.--The Supreme Court is hereby requested
2213 to adopt rules and procedures for the establishment and
2214 operation of Civil Traffic Infraction Hearing Officer Programs
2215 under ss. 318.30-318.38. However, the appointment of a hearing
2216 officer shall be at the option of the county electing to
2217 establish such a program, upon recommendation by the county
2218 court judge or judges, as the case may be, and the Chief Judge
2219 of the Circuit and approval by the Chief Justice of the Supreme
2220 Court.
2221      Section 44.  Section 318.325, Florida Statutes, is amended
2222 to read:
2223      318.325  Jurisdiction and procedure for parking
2224 infractions.--Any county or municipality may adopt an ordinance
2225 that allows the county or municipality to refer cases involving
2226 the violation of a county or municipal parking ordinance to a
2227 hearing officer funded by the county or municipality.
2228 Notwithstanding the provisions of ss. 318.14 and 775.08(3), any
2229 parking violation shall be deemed to be an infraction as defined
2230 in s. 318.13(3). However, the violation must be enforced and
2231 disposed of in accordance with the provisions of general law
2232 applicable to parking violations and with the charter or code of
2233 the county or municipality where the violation occurred. The
2234 clerk of the court or the designated traffic violations bureau
2235 must collect and distribute the fines, forfeitures, and court
2236 costs assessed under this section.
2237      Section 45.  Subsection (2) of section 322.29, Florida
2238 Statutes, is amended to read:
2239      322.29  Surrender and return of license.--
2240      (2)  The provisions of subsection (1) to the contrary
2241 notwithstanding, no examination is required for the return of a
2242 license suspended under s. 318.15 or s. 322.245 unless an
2243 examination is otherwise required by this chapter. Every person
2244 applying for the return of a license suspended under s. 318.15
2245 or s. 322.245 shall present to the department certification from
2246 the court that he or she has complied with all obligations and
2247 penalties imposed on him or her pursuant to s. 318.15 or, in the
2248 case of a suspension pursuant to s. 322.245, that he or she has
2249 complied with all directives of the court and the requirements
2250 of s. 322.245 and shall pay to the department a nonrefundable
2251 service fee of $47.50 $35, of which $37.50 $25 shall be
2252 deposited into the General Revenue Fund and $10 shall be
2253 deposited into the Highway Safety Operating Trust Fund. If
2254 reinstated by the clerk of the court or tax collector, $37.50
2255 $25 shall be retained and $10 shall be remitted to the
2256 Department of Revenue for deposit into the Highway Safety
2257 Operating Trust Fund. However, the service fee is not required
2258 if the person is required to pay a $35 fee or $60 fee under the
2259 provisions of s. 322.21.
2260      Section 46.  Subsection (1) of section 372.72, Florida
2261 Statutes, is amended to read:
2262      372.72  Disposition of fines, penalties, and forfeitures.--
2263      (1)  All moneys collected from fines, penalties, proceeds
2264 from unclaimed bonds, or forfeitures of bail of persons
2265 convicted under this chapter shall be deposited in the fine and
2266 forfeiture fund established pursuant to s. 142.01 where such
2267 convictions are had, except for the disposition of moneys as
2268 provided in subsection (2).
2269      Section 47.  Subsection (8) of section 903.26, Florida
2270 Statutes, is amended to read:
2271      903.26  Forfeiture of the bond; when and how directed;
2272 discharge; how and when made; effect of payment.--
2273      (8)  If the defendant is arrested and returned to the
2274 county of jurisdiction of the court prior to judgment, the
2275 clerk, upon affirmation by the sheriff or the chief correctional
2276 officer, shall, without further order of the court, discharge
2277 the forfeiture of the bond. However, if the surety agent fails
2278 to pay the costs and expenses incurred in returning the
2279 defendant to the county of jurisdiction, the clerk shall not
2280 discharge the forfeiture of the bond. If the surety agent and
2281 the sheriff state attorney fail to agree on the amount of said
2282 costs, then the court, after notice to the sheriff and the state
2283 attorney, shall determine the amount of the costs.
2284      Section 48.  Section 903.28, Florida Statutes, is amended
2285 to read:
2286      903.28  Remission of forfeiture; conditions.--
2287      (1)  On application within 2 years from forfeiture, the
2288 court shall order remission of the forfeiture if it determines
2289 that there was no breach of the bond.
2290      (2)  If the defendant surrenders or is apprehended within
2291 90 days after forfeiture, the court, on motion at a hearing upon
2292 notice having been given to the clerk of the circuit court
2293 county attorney and the state attorney as required in subsection
2294 (8), shall direct remission of up to, but not more than, 100
2295 percent of a forfeiture if the surety apprehended and
2296 surrendered the defendant or if the apprehension or surrender of
2297 the defendant was substantially procured or caused by the
2298 surety, or the surety has substantially attempted to procure or
2299 cause the apprehension or surrender of the defendant, and the
2300 delay has not thwarted the proper prosecution of the defendant.
2301 In addition, remission shall be granted when the surety did not
2302 substantially participate or attempt to participate in the
2303 apprehension or surrender of the defendant when the costs of
2304 returning the defendant to the jurisdiction of the court have
2305 been deducted from the remission and when the delay has not
2306 thwarted the proper prosecution of the defendant.
2307      (3)  If the defendant surrenders or is apprehended within
2308 180 days after forfeiture, the court, on motion at a hearing
2309 upon notice having been given to the clerk of the circuit court
2310 county attorney and the state attorney as required in subsection
2311 (8), shall direct remission of up to, but not more than, 95
2312 percent of a forfeiture if the surety apprehended and
2313 surrendered the defendant or if the apprehension or surrender of
2314 the defendant was substantially procured or caused by the
2315 surety, or the surety has substantially attempted to procure or
2316 cause the apprehension or surrender of the defendant, and the
2317 delay has not thwarted the proper prosecution of the defendant.
2318 In addition, remission shall be granted when the surety did not
2319 substantially participate or attempt to participate in the
2320 apprehension or surrender of the defendant when the costs of
2321 returning the defendant to the jurisdiction of the court have
2322 been deducted from the remission and when the delay has not
2323 thwarted the proper prosecution of the defendant.
2324      (4)  If the defendant surrenders or is apprehended within
2325 270 days after forfeiture, the court, on motion at a hearing
2326 upon notice having been given to the clerk of the circuit court
2327 county attorney and the state attorney as required in subsection
2328 (8), shall direct remission of up to, but not more than, 90
2329 percent of a forfeiture if the surety apprehended and
2330 surrendered the defendant or if the apprehension or surrender of
2331 the defendant was substantially procured or caused by the
2332 surety, or the surety has substantially attempted to procure or
2333 cause the apprehension or surrender of the defendant, and the
2334 delay has not thwarted the proper prosecution of the defendant.
2335 In addition, remission shall be granted when the surety did not
2336 substantially participate or attempt to participate in the
2337 apprehension or surrender of the defendant when the costs of
2338 returning the defendant to the jurisdiction of the court have
2339 been deducted from the remission and when the delay has not
2340 thwarted the proper prosecution of the defendant.
2341      (5)  If the defendant surrenders or is apprehended within 1
2342 year after forfeiture, the court, on motion at a hearing upon
2343 notice having been given to the clerk of the circuit court
2344 county attorney and the state attorney as required in subsection
2345 (8), shall direct remission of up to, but not more than, 85
2346 percent of a forfeiture if the surety apprehended and
2347 surrendered the defendant or if the apprehension or surrender of
2348 the defendant was substantially procured or caused by the
2349 surety, or the surety has substantially attempted to procure or
2350 cause the apprehension or surrender of the defendant, and the
2351 delay has not thwarted the proper prosecution of the defendant.
2352 In addition, remission shall be granted when the surety did not
2353 substantially participate or attempt to participate in the
2354 apprehension or surrender of the defendant when the costs of
2355 returning the defendant to the jurisdiction of the court have
2356 been deducted from the remission and when the delay has not
2357 thwarted the proper prosecution of the defendant.
2358      (6)  If the defendant surrenders or is apprehended within 2
2359 years after forfeiture, the court, on motion at a hearing upon
2360 notice having been given to the clerk of the circuit court
2361 county attorney and the state attorney as required in subsection
2362 (8), shall direct remission of up to, but not more than, 50
2363 percent of a forfeiture if the surety apprehended and
2364 surrendered the defendant or if the apprehension or surrender of
2365 the defendant was substantially procured or caused by the
2366 surety, or the surety has substantially attempted to procure or
2367 cause the apprehension or surrender of the defendant, and the
2368 delay has not thwarted the proper prosecution of the defendant.
2369 In addition, remission shall be granted when the surety did not
2370 substantially participate or attempt to participate in the
2371 apprehension or surrender of the defendant when the costs of
2372 returning the defendant to the jurisdiction of the court have
2373 been deducted from the remission and when the delay has not
2374 thwarted the proper prosecution of the defendant.
2375      (7)  The remission of a forfeiture may not be ordered for
2376 any reason other than as specified herein.
2377      (8)  An application for remission must be accompanied by
2378 affidavits setting forth the facts on which it is founded;
2379 however, the surety must establish by further documentation or
2380 other evidence any claimed attempt at procuring or causing the
2381 apprehension or surrender of the defendant before the court may
2382 order remission based upon an attempt to procure or cause such
2383 apprehension or surrender. The clerk of the circuit court and
2384 the state attorney must be given 20 days' notice before a
2385 hearing on an application and be furnished copies of all papers,
2386 applications, and affidavits. Remission shall be granted on the
2387 condition of payment of costs, unless the ground for remission
2388 is that there was no breach of the bond.
2389      (9)  The clerk of the circuit court may enter into a
2390 contract with a private attorney or into an interagency
2391 agreement with a governmental agency to represent the clerk of
2392 the court in an action for the remission of a forfeiture under
2393 this section.
2394      (10)  The clerk of the circuit court is the real party in
2395 interest for all appeals arising from an action for the
2396 remission of a forfeiture under this section.
2397      (11)  Upon remission of bond pursuant to this section, the
2398 clerk of the circuit court shall withhold any unpaid fines,
2399 fees, service charges, and court costs imposed as a matter of
2400 law or ordered by the court.
2401      Section 49.  Section 916.115, Florida Statutes, is amended
2402 to read:
2403      916.115  Appointment of experts.--
2404      (1)(a)  Annually, the department shall provide the courts
2405 with a list of mental health professionals who have completed
2406 approved training as experts.
2407      (b)  The court may appoint no more than three nor fewer
2408 than two experts to determine issues of the mental condition of
2409 a defendant in a criminal case, including the issues of
2410 competency to proceed, insanity, and involuntary hospitalization
2411 or placement. An expert The panel of experts may evaluate the
2412 defendant in jail or in another appropriate local facility.
2413      (c)  To the extent possible, an the appointed expert
2414 experts shall have completed forensic evaluator training
2415 approved by the department and be either a psychiatrist,
2416 licensed psychologist, or physician.
2417      (2)  Expert witnesses appointed by the court to evaluate
2418 the mental condition of a defendant in a criminal case shall be
2419 allowed reasonable fees for services rendered as evaluators of
2420 competence or sanity and as witnesses, which shall be paid by
2421 the county in which the indictment was found or the information
2422 or affidavit was filed.
2423      (a)1.  The court shall pay for any expert that it appoints
2424 by court order, upon motion of counsel for the defendant or the
2425 state or upon its own motion. If the defense or the state
2426 retains an expert and waives the confidentiality of the expert's
2427 report, the court may pay for no more than two additional
2428 experts appointed by court order. If an expert appointed by the
2429 court upon motion of counsel for the defendant specifically to
2430 evaluate the competence of the defendant to proceed also
2431 addresses in his or her evaluation issues related to sanity as
2432 an affirmative defense, the court shall pay only for that
2433 portion of the experts' fees relating to the evaluation on
2434 competency to proceed and the balance of the fees shall be
2435 chargeable to the defense.
2436      2.  Pursuant to s. 29.006, the office of the public
2437 defender shall pay for any expert retained by the office.
2438      3.  Pursuant to s. 29.005, the office of the state attorney
2439 shall pay for any expert retained by the office. Notwithstanding
2440 subparagraph 1., the office of the state attorney shall pay for
2441 any expert whom the office retains and whom the office moves the
2442 court to appoint in order to ensure that the expert has access
2443 to the defendant.
2444      4.  An expert retained by the defendant who is represented
2445 by private counsel appointed under s. 27.5303 shall be paid by
2446 the Justice Administrative Commission.
2447      5.  An expert retained by a defendant who is indigent for
2448 costs as determined by the court and who is represented by
2449 private counsel, other than private counsel appointed under s.
2450 27.5303, on a fee or pro bono basis, or who is representing
2451 himself or herself, shall be paid by the Justice Administrative
2452 Commission from funds specifically appropriated for these
2453 expenses.
2454      (b)  State employees shall be paid expenses pursuant to s.
2455 112.061.
2456      (c)  The fees shall be taxed as costs in the case.
2457      (d)  In order for an expert the experts to be paid for the
2458 services rendered, the expert's report reports and testimony
2459 must explicitly address each of the factors and follow the
2460 procedures set out in this chapter and in the Florida Rules of
2461 Criminal Procedure.
2462      Section 50.  Subsections (2), (3), and (4) of section
2463 916.12, Florida Statutes, are amended to read:
2464      916.12  Mental competence to proceed.--
2465      (2)  An expert The experts shall first determine whether
2466 the person is mentally ill and, if so, consider the factors
2467 related to the issue of whether the defendant meets the criteria
2468 for competence to proceed; that is, whether the defendant has
2469 sufficient present ability to consult with counsel with a
2470 reasonable degree of rational understanding and whether the
2471 defendant has a rational, as well as factual, understanding of
2472 the pending proceedings. A defendant must be evaluated by no
2473 fewer than two experts before the court commits the defendant or
2474 takes other action authorized by this chapter or the Florida
2475 Rules of Criminal Procedure, except if one expert finds that the
2476 defendant is incompetent to proceed and the parties stipulate to
2477 that finding, the court may commit the defendant or take other
2478 action authorized by this chapter or the rules without further
2479 evaluation or hearing, or the court may appoint no more than two
2480 additional experts to evaluate the defendant. Notwithstanding
2481 any stipulation by the state and the defendant, the court may
2482 require a hearing with testimony from the expert or experts
2483 before ordering the commitment of a defendant.
2484      (3)  In considering the issue of competence to proceed, an
2485 the examining expert experts shall first consider and
2486 specifically include in his or her their report the defendant's
2487 capacity to:
2488      (a)  Appreciate the charges or allegations against the
2489 defendant;
2490      (b)  Appreciate the range and nature of possible penalties,
2491 if applicable, that may be imposed in the proceedings against
2492 the defendant;
2493      (c)  Understand the adversarial nature of the legal
2494 process;
2495      (d)  Disclose to counsel facts pertinent to the proceedings
2496 at issue;
2497      (e)  Manifest appropriate courtroom behavior; and
2498      (f)  Testify relevantly;
2499
2500 and include in his or her their report any other factor deemed
2501 relevant by the expert experts.
2502      (4)  If an expert finds the experts should find that the
2503 defendant is incompetent to proceed, the expert experts shall
2504 report on any recommended treatment for the defendant to attain
2505 competence to proceed. In considering the issues relating to
2506 treatment, the examining expert experts shall specifically
2507 report on:
2508      (a)  The mental illness causing the incompetence;
2509      (b)  The treatment or treatments appropriate for the mental
2510 illness of the defendant and an explanation of each of the
2511 possible treatment alternatives in order of choices;
2512      (c)  The availability of acceptable treatment and, if
2513 treatment is available in the community, the expert shall so
2514 state in the report; and
2515      (d)  The likelihood of the defendant's attaining competence
2516 under the treatment recommended, an assessment of the probable
2517 duration of the treatment required to restore competence, and
2518 the probability that the defendant will attain competence to
2519 proceed in the foreseeable future.
2520      Section 51.  Subsection (7) of section 916.301, Florida
2521 Statutes, is amended to read:
2522      916.301  Appointment of experts.--
2523      (7)  Expert witnesses appointed by the court to evaluate
2524 the mental condition of a defendant in a criminal case shall be
2525 allowed reasonable fees for services rendered as evaluators and
2526 as witnesses, which shall be paid by the court county in which
2527 the indictment was found or the information or affidavit was
2528 filed. State employees shall be paid expenses pursuant to s.
2529 112.061. The fees shall be taxed as costs in the case. In order
2530 for the experts to be paid for the services rendered, the
2531 reports and testimony must explicitly address each of the
2532 factors and follow the procedures set out in this chapter and in
2533 the Florida Rules of Criminal Procedure.
2534      Section 52.  Paragraph (b) of subsection (2) of section
2535 938.29, Florida Statutes, is amended to read:
2536      938.29  Legal assistance; lien for payment of attorney's
2537 fees or costs.--
2538      (2)
2539      (b)  A judgment showing the name and residence of the
2540 defendant-recipient or parent shall be recorded in the public
2541 record, without cost, by filed for record in the office of the
2542 clerk of the circuit court in the county where the defendant-
2543 recipient or parent resides and in each county in which such
2544 defendant-recipient or parent then owns or later acquires any
2545 property. Such judgments shall be enforced on behalf of the
2546 state by the clerk of the circuit court of the county in which
2547 assistance was rendered.
2548      Section 53.  Section 939.06, Florida Statutes, is amended
2549 to read:
2550      939.06  Acquitted defendant not liable for costs.--
2551      (1)  A No defendant in a criminal prosecution who is
2552 acquitted or discharged is not shall be liable for any costs or
2553 fees of the court or any ministerial office, or for any charge
2554 of subsistence while detained in custody. If the defendant has
2555 shall have paid any taxable costs, or fees required under s.
2556 27.52(1)(b), in the case, the clerk or judge shall give him or
2557 her a certificate of the payment of such costs, with the items
2558 thereof, which, when audited and approved according to law,
2559 shall be refunded to the defendant.
2560      (2)  To receive a refund under this section, a defendant
2561 must submit a request for the refund to the Justice
2562 Administrative Commission on a form and in a manner prescribed
2563 by the commission. The defendant must attach to the form an
2564 order from the court demonstrating the defendant's right to the
2565 refund and the amount of the refund.
2566      Section 54.  Paragraph (c) is added to subsection (1) of
2567 section 948.09, Florida Statutes, to read:
2568      948.09  Payment for cost of supervision and
2569 rehabilitation.--
2570      (1)
2571      (c)  Offenders placed on probation, drug offender
2572 probation, community control, or in any pre-trial intervention
2573 program by a county court shall pay the court-ordered fines,
2574 fees, costs, service charges, and costs of supervision.
2575 Collections shall be distributed equally between the clerk of
2576 the court for any unpaid court fees, fines, costs, and service
2577 charges and the county for cost of supervision.
2578      Section 55.  Subsection (2) of section 985.05, Florida
2579 Statutes, is amended to read:
2580      985.05  Court records.--
2581      (2)  The clerk shall keep all official records required by
2582 this section separate from other records of the circuit court,
2583 except those records pertaining to motor vehicle violations,
2584 which shall be forwarded to the Department of Highway Safety and
2585 Motor Vehicles. Except as provided in ss. 943.053 and 985.04(4),
2586 official records required by this part are not open to
2587 inspection by the public, but may be inspected only upon order
2588 of the court by persons deemed by the court to have a proper
2589 interest therein, except that a child and the parents,
2590 guardians, or legal custodians of the child and their attorneys,
2591 law enforcement agencies, the Department of Juvenile Justice and
2592 its designees, the Parole Commission, and the Department of
2593 Corrections, and the Justice Administrative Commission shall
2594 always have the right to inspect and copy any official record
2595 pertaining to the child. The court may permit authorized
2596 representatives of recognized organizations compiling statistics
2597 for proper purposes to inspect, and make abstracts from,
2598 official records under whatever conditions upon the use and
2599 disposition of such records the court may deem proper and may
2600 punish by contempt proceedings any violation of those
2601 conditions.
2602      Section 56.  Compensation to traffic court witnesses.--Any
2603 party who secures the attendance of a witness in traffic court
2604 shall bear all costs of calling the witness, including witness
2605 fees. If the witness is required to testify on behalf of the
2606 prosecution, the office of the state attorney of the respective
2607 judicial circuit shall pay the fees and costs of calling the
2608 witness.
2609      Section 57.  Recovery of expenditures for state-funded
2610 services.--The trial court administrator of each circuit shall
2611 recover expenditures for state-funded services when those
2612 services have been furnished to a user of the state court system
2613 who possesses the present ability to pay. The rate of
2614 compensation for such services shall be the actual cost of the
2615 services, including the cost of recovery. The trial court
2616 administrator shall deposit moneys recovered under this section
2617 in the Grants and Donations Trust Fund within the state court
2618 system. The trial court administrator shall recover the costs of
2619 court-reporter services and transcription; court-interpreter
2620 services, including translation; and any other service for which
2621 state funds were used to provide a product or service within the
2622 circuit. This section does not authorize cost recovery from
2623 entities described in ss. 29.005, 29.006, and 29.007.
2624      Section 58.  The amendments to ss. 34.191(2) and
2625 318.21(2)(g)3., Florida Statutes, as made by this act are
2626 intended to reiterate the original intent of the Legislature in
2627 enacting such provisions of law.
2628      Section 59.  (1)  Effective July 1, 2006, section 29.014,
2629 Florida Statutes, is repealed.
2630      (2)  Section 318.37, Florida Statutes, is repealed.
2631      Section 60.  Except as otherwise provided herein, this act
2632 shall take effect July 1, 2005.


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