October 22, 2020
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HB 1935 CS

CHAMBER ACTION




1 The Justice Council 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 requiring certain private court-appointed counsel to enter
53 into a uniform contract with Justice Administrative
54 Commission and use the commission's uniform procedures and
55 form for certain billing purposes; authorizing the Justice
56 Administrative Commission to pay attorney's fees without
57 court approval under certain conditions; requiring the
58 attorney to provide the commission with advance notice of
59 a court hearing on payment of fees and costs; authorizing
60 the commission to participate in such hearings using
61 certain equipment; entitling private court-appointed
62 counsel to compensation upon final disposition; providing
63 exceptions; specifying intervals other than final
64 disposition of a case at which private court-appointed
65 counsel may request payment; clarifying a prohibition
66 against allowing an attorney who is not on the registry to
67 appear; restricting the reimbursement allowed for the
68 preparation of invoices; requiring the Justice
69 Administrative Commission to develop a schedule to provide
70 partial payment for attorney fees under certain
71 circumstances; amending s. 27.54, F.S.; requiring a county
72 or municipality to pay certain costs for due-process
73 services in local ordinance violation cases; prescribing
74 assessment of fees to recover such costs; providing for
75 determination and collection of such fees; amending s.
76 28.24, F.S.; requiring the clerk of the court to charge
77 for certain recording services and performing certain
78 duties; requiring the clerk of the court to provide
79 without charge copies to court-appointed counsel paid by
80 the state; requiring clerks of the court to participate in
81 the Comprehensive Case Information System by a certain
82 date; providing an exception to the designation of the
83 clerk of court as custodian of official records; amending
84 s. 28.2402, F.S.; prohibiting a county or municipality
85 from being required to pay more than one filing fee for a
86 single filing containing multiple allegations; prohibiting
87 a filing fee for initiating certain enforcement
88 proceedings; amending s. 28.245, F.S.; requiring the
89 clerks of the court to remit collections to the Department
90 of Revenue within a specified period; amending s. 28.246,
91 F.S.; conforming a reference to the Florida Clerks of
92 Court Operations Corporation; revising provisions
93 authorizing an individual to enter into a payment plan for
94 the payment of fees, costs, or fines; requiring the clerk
95 to enter into a payment plan with certain persons;
96 providing payment plan criteria; providing for the court
97 to review the payment plan; amending s. 28.345, F.S.;
98 exempting certain court staff and court-appointed counsel
99 from the payment of fees and charges assessed by the clerk
100 of the circuit court; amending s. 28.36, F.S.; requiring
101 the chief judge of each circuit to coordinate court-
102 related functions and determine the priorities of
103 functions of the clerk of court; revising the date for the
104 county clerk to submit a proposed budget; conforming a
105 reference to the Florida Clerks of Court Operations
106 Corporation; conforming a cross reference; conforming a
107 reference to the Chief Financial Officer; amending s.
108 28.37, F.S.; expanding the types of excess funds that
109 clerks of the court must remit to the Department of
110 Revenue over the amount needed to meet approved budgets;
111 creating s. 28.44, F.S.; providing a method by which the
112 clerk of court may discontinue or substantially modify
113 court-related functions; providing a definition; amending
114 s. 29.004, F.S.; providing for state appropriations to be
115 used for expert witnesses who are appointed by the court
116 rather than requested by any party; amending s. 29.005,
117 F.S.; deleting certain appointed mental health
118 professionals from elements of state attorneys' offices
119 provided from state revenues; amending s. 29.007, F.S.;
120 providing for state funds to be used in providing mental
121 health professionals in certain civil cases; clarifying
122 the use of state funds at the trial or appellate level to
123 pay certain costs on behalf of a litigant who is indigent;
124 amending s. 29.008, F.S.; requiring that the county where
125 the appellate district is located fund the appellate
126 division of the public defender's office; expanding the
127 definition of the term "facility" to include items
128 necessary for court-reporting services; narrowing a
129 limitation on the application of certain requirements to
130 specified facilities; including hearing rooms within those
131 facilities funded by the county as a court-related
132 function; including audio equipment within county-funded
133 communications services; amending s. 29.015, F.S.;
134 requiring the Justice Administrative Commission to adjust
135 certain allocations of funds among circuits under certain
136 circumstances; requiring notice of such adjustment;
137 requiring the commission to request a budget amendment
138 under certain circumstances to address budget deficits
139 relating to due-process services; amending s. 29.018,
140 F.S.; eliminating the authority for court-appointed
141 counsel to contract to share in court and due-process
142 services; providing that the Justice Administrative
143 Commission may contract for such cost-sharing on behalf of
144 court-appointed counsel; creating s. 29.0185, F.S.;
145 prohibiting the provision of due process services with
146 state revenues to individuals under certain circumstances;
147 amending s. 34.045, F.S.; proscribing a county or
148 municipality from being required to pay more than one
149 filing fee for a single filing containing multiple
150 allegations; prohibiting assessment of a filing fee for
151 initiating certain enforcement proceedings in county
152 court; expanding conditions under which the county or
153 municipality is the prevailing party; requiring an
154 assessment of a filing fee; amending s. 34.191, F.S.;
155 excluding certain counties having a consolidated
156 government from the term municipality; amending s.
157 39.0132, F.S.; authorizing the Justice Administrative
158 Commission to inspect certain court dockets; authorizing
159 the commission to petition the court for certain
160 additional documentation; amending s. 39.821, F.S.;
161 requiring the Guardian Ad Litem Program rather than the
162 chief judge to request the federal criminal records check
163 for purposes of certifying guardians ad litem; amending s.
164 39.822, F.S.; directing agencies, persons, and other
165 organizations to provide a guardian ad litem access to
166 certain records related to the best interests of a child;
167 providing a definition; amending s. 40.29, F.S.; revising
168 procedures for the payments made by the state to the clerk
169 of the court for the costs of witnesses; creating s.
170 40.355, F.S.; requiring the clerk of the court to report
171 on, and refund to the state attorneys and public
172 defenders, certain moneys collected for payment of jurors
173 and due-process costs; amending s. 43.16, F.S.; removing
174 the Judicial Qualifications Commission from the duties of
175 the Justice Administrative Commission and adding the
176 Guardian ad Litem Program; providing that the Justice
177 Administrative Commission is not subject to the
178 Administrative Procedure Act; amending s. 43.26, F.S.;
179 providing responsibilities of the chief judge of each
180 circuit; amending s. 44.102, F.S.; revising conditions
181 under which nonvolunteer court mediators may be
182 compensated by the county or parties; amending s. 44.108,
183 F.S.; clarifying the fees charged for scheduled mediation
184 services provided by a circuit court's mediation program;
185 requiring the clerk of the court to report to the chief
186 judge the amount of such fees collected; amending s.
187 57.081, F.S.; providing a cross-reference to conform;
188 creating s. 57.082, F.S., relating to the determination of
189 civil indigent status; providing for application to the
190 clerk of court for such a determination and appointment of
191 a private attorney in certain civil cases; providing
192 application requirements; prescribing duties of the clerk
193 of court relating to an application; prescribing
194 application requirements and review criteria; providing
195 for determinations by a clerk of the basis of an
196 applicant's indigency; providing criteria; providing for
197 appointment of counsel on an interim basis; providing for
198 review by the court of a clerk's determination; providing
199 criteria; authorizing a court to determine a person
200 indigent and eligible for appointed counsel; providing
201 criteria and requirements for such determination;
202 requiring persons determined to be indigent for civil
203 proceedings to be enrolled in a payment plan and charged
204 an administrative processing charge; providing plan
205 criteria; providing for a reevaluation of indigent status
206 and referral to the state attorney upon evidence of
207 financial discrepancies or fraud; providing for recovery
208 and disposition of certain amounts recovered; providing
209 criminal penalties for the provision of false information;
210 amending s. 92.142, F.S.; deleting a provision that
211 provides for payment of per diem and travel expenses for a
212 witness in a criminal case at the discretion of the court;
213 amending s. 92.231, F.S.; removing a reference to the
214 Article V Indigent Services Advisory Board; amending s.
215 110.205, F.S.; specifying that members, officers, and
216 employees of the Justice Administrative Commission and
217 certain related organizations are exempt positions under
218 career service provisions; amending s. 116.01, F.S.;
219 providing procedures for the clerk of the court to remit
220 funds to the Department of Revenue; amending s. 119.07,
221 F.S.; extending the time period during which certain
222 social security numbers and other data included in court
223 or official county records may be available for public
224 inspection unless redaction is requested; extending the
225 deadline by which court clerks and county recorders must
226 keep such data confidential; amending s. 142.01, F.S.;
227 clarifying those moneys to be included within the fine and
228 forfeiture fund of the clerk of the circuit court;
229 amending s. 213.13, F.S.; requiring that the court-related
230 collections remitted by the clerk to the state be
231 transmitted electronically within a specified period;
232 amending s. 219.07, F.S.; revising disbursement
233 requirements for the clerk as part of his or her court-
234 related functions; amending s. 219.075, F.S.; exempting
235 funds collected by the clerk from the requirements for the
236 investment of surplus funds of a county; amending s.
237 318.121, F.S.; specifying that certain surcharges may not
238 be added to civil traffic penalties; amending s. 318.18,
239 F.S.; authorizing a portion of certain surcharge revenues
240 to be used for local law libraries; requiring the clerk of
241 the court to quarterly report the amount of certain
242 surcharges collected to the chief judge, the Governor, and
243 the Legislature; amending s. 318.21, F.S.; providing for
244 the disposition of traffic-infraction penalties for
245 violations occurring in unincorporated areas of certain
246 counties having a consolidated government or
247 unincorporated areas of certain municipalities having a
248 consolidated government; amending s. 318.31, F.S.;
249 deleting provisions concerning the appointment of a civil
250 traffic infraction hearing officer; amending s. 318.325,
251 F.S.; deleting provisions specifying the funding of such
252 hearing officer; amending s. 322.29, F.S.; increasing the
253 fees charged for reinstating a driver's license; amending
254 s. 372.72, F.S.; requiring that the proceeds from
255 unclaimed bonds be deposited into the clerk's fine and
256 forfeiture fund; amending s. 903.26, F.S.; revising the
257 procedure for determining the amount of the costs incurred
258 in returning a defendant to the county of jurisdiction;
259 amending s. 903.28, F.S.; revising certain notice
260 requirements following the surrender or apprehension of a
261 defendant for purposes of remission of a forfeiture;
262 authorizing clerks of circuit courts to enter into
263 contracts or interagency agreements to represent the clerk
264 in certain actions; providing that the clerk is the real
265 party in interest for all appeals arising from such an
266 action; authorizing the clerk to withhold unpaid fines,
267 fees, costs, and charges under certain circumstances;
268 amending s. 916.115, F.S.; revising requirements for the
269 payment of experts; specifying which fees are to be paid
270 by the state, the office of the public defender, the
271 office of the state attorney, or the Justice
272 Administrative Commission; amending s. 916.12, F.S.;
273 revising the procedures under which the court may take
274 action following a finding that the defendant is
275 incompetent to proceed; requiring evaluation of a
276 defendant; providing criteria; authorizing a court to
277 commit a defendant or take other action under certain
278 circumstances; amending s. 916.301, F.S.; requiring the
279 court to pay for certain expert witnesses appointed by the
280 court; amending s. 938.29, F.S.; providing for a judgment
281 lien for the payment of certain attorney's fees to be
282 filed without cost; amending s. 939.06, F.S.; clarifying
283 that an acquitted defendant is not liable for certain
284 costs or fees; providing a procedure for such a defendant
285 to request a refund from the Justice Administrative
286 Commission of costs or fees paid; amending s. 985.05,
287 F.S.; authorizing the Justice Administrative Commission to
288 have access to certain court records; amending s. 985.201,
289 F.S.; revising the manner in which a court may retain
290 jurisdiction over a child and the child's parent when the
291 court has ordered restitution for certain delinquent acts;
292 requiring the party calling a witness in traffic court to
293 bear the costs; requiring the office of the state attorney
294 to pay such costs if the witness is required to testify on
295 behalf of the prosecution; authorizing the trial court
296 administrator to recover expenditures for state-funded
297 services if those services were furnished to a user
298 possessing the ability to pay; providing for deposit of
299 such funds; authorizing the trial court administrator to
300 recover certain costs under certain circumstances;
301 requiring the chief judge to determine the rate, which may
302 not exceed the cost of the service and recovery; providing
303 legislative intent; repealing s. 29.014, F.S., relating to
304 the Article V Indigent Service Advisory Board; repealing
305 s. 318.37, F.S., relating to funding for a Civil Traffic
306 Infraction Hearing Officer Program; providing effective
307 dates.
308
309 Be It Enacted by the Legislature of the State of Florida:
310
311      Section 1.  Subsections (2), (3), (5), and (7) of section
312 27.40, Florida Statutes, are amended to read:
313      27.40  Court-appointed counsel; circuit registries; minimum
314 requirements; appointment by court.--
315      (2)  No later than October 1, 2004, Private counsel
316 appointed by the court to provide representation shall be
317 selected from a registry of individual attorneys established by
318 the circuit Article V indigent services committee or procured
319 through a competitive bidding process.
320      (3)  In utilizing a registry:
321      (a)  Each circuit Article V indigent services committee
322 shall compile and maintain a list of attorneys in private
323 practice, by county and by category of cases. To be included on
324 a registry, attorneys shall certify that they meet any minimum
325 requirements established in general law for court appointment,
326 are available to represent indigent defendants in cases
327 requiring court appointment of private counsel, and are willing
328 to abide by the terms of the contract for services. To be
329 included on a registry, an attorney also must enter into a
330 contract for services with the Justice Administrative
331 Commission. Failure to comply with the terms of the contract for
332 services may result in termination of the contract and removal
333 from the registry. Each attorney on the registry shall be
334 responsible for notifying the circuit Article V indigent
335 services committee and the Justice Administrative Commission of
336 any change in his or her status. Failure to comply with this
337 requirement shall be cause for termination of the contract for
338 services and removal from the registry until the requirement is
339 fulfilled.
340      (b)  The court shall appoint attorneys in rotating order in
341 the order in which names appear on the applicable registry,
342 unless the court makes a finding of good cause on the record for
343 appointing an attorney out of order. An attorney not appointed
344 in the order in which his or her name appears on the list shall
345 remain next in order.
346      (c)  If it finds the number of attorneys on the registry in
347 a county or circuit for a particular category of cases is
348 inadequate, the circuit Article V indigent services committee
349 shall notify the chief judge of the particular circuit in
350 writing. The chief judge shall submit the names of at least
351 three private attorneys with relevant experience. The clerk of
352 court shall send an application to each of these attorneys to
353 register for appointment.
354      (d)  Quarterly, beginning no later than October 1, 2004,
355 each circuit Article V indigent services committee shall provide
356 a current copy of each registry to the Chief Justice of the
357 Supreme Court, the chief judge, the state attorney and public
358 defender in each judicial circuit, and the clerk of court in
359 each county, the Justice Administrative Commission, and the
360 Indigent Services Advisory Board with a current copy of each
361 registry.
362      (5)  The Justice Administrative Commission shall approve
363 uniform contract forms for use in procuring the services of
364 private court-appointed counsel and uniform procedures and forms
365 for use by a court-appointed attorney in support of billing for
366 attorney's fees, costs, and related expenses to demonstrate the
367 attorney's completion of specified duties.
368      (7)(a)  An attorney appointed to represent a defendant or
369 other client is entitled to payment pursuant to s. 27.5304, only
370 upon full performance by the attorney of specified duties,
371 approval of payment by the court, except for payment based on a
372 flat fee per case as provided in s. 27.5304; and attorney
373 submission of a payment request to the Justice Administrative
374 Commission. Upon being permitted to withdraw from a case, a
375 court-appointed attorney shall submit a copy of the order to the
376 Justice Administrative Commission at the time it is issued by
377 the court. If an attorney is permitted to withdraw or is
378 otherwise removed from representation prior to full performance
379 of the duties specified in this section for reasons other than
380 breach of duty, the trial court shall approve payment of
381 attorney's fees and costs for work performed in an amount not to
382 exceed the amounts specified in s. 27.5304. Withdrawal from a
383 case prior to full performance of the duties specified shall
384 create a rebuttable presumption that the attorney is not
385 entitled to the entire flat fee for those cases paid on a flat-
386 fee-per-case basis.
387      (b)  The attorney shall maintain appropriate documentation,
388 including a current and detailed hourly accounting of time spent
389 representing the defendant or other client. These records and
390 documents are subject to review by the Justice Administrative
391 Commission, subject to the attorney-client privilege and work
392 product privilege.
393      Section 2.  Section 27.42, Florida Statutes, is amended to
394 read:
395      27.42  Circuit Article V indigent services committees;
396 composition; staff; responsibilities; funding.--
397      (1)  In each judicial circuit a circuit Article V indigent
398 services committee shall be established. The committee shall
399 consist of the following:
400      (a)  The chief judge of the judicial circuit or the chief
401 judge's designee, who shall serve as the chair.
402      (b)  The public defender of the judicial circuit, or
403 designee from within the office of the public defender.
404      (c)  One experienced private criminal defense attorney
405 appointed by the chief judge to serve a 2-year term. During the
406 2-year term, the attorney is prohibited from serving as court-
407 appointed counsel.
408      (d)  One experienced civil trial attorney appointed by the
409 chief judge, to serve a 2-year term. During the 2-year term, the
410 attorney is prohibited from serving as court-appointed counsel.
411      (2)(a)  The responsibility of the circuit Article V
412 indigent services committee is to manage the appointment and
413 compensation of court-appointed counsel within a circuit
414 pursuant to ss. 27.40 and 27.5303. The committee shall also set
415 the compensation rates of due-process service providers in cases
416 where the court has appointed counsel or declared a person
417 indigent for costs, not to exceed any rates specified in the
418 General Appropriations Act such that the total amount expended
419 does not exceed the amount budgeted in the General
420 Appropriations Act for the particular due-process service. The
421 circuit Article V indigent services committee shall meet at
422 least quarterly.
423      (b)  No later than October 1, 2004, Each circuit Article V
424 indigent services committee shall maintain a registry pursuant
425 to s. 27.40, even when procuring counsel through a competitive
426 bidding process. However, if counsel is procured through a
427 competitive bidding process, the registry shall be used only
428 when counsel obtained through that process is unable to provide
429 representation due to a conflict of interest or reasons beyond
430 their control. The committee shall apply any eligibility and
431 performance standards set by the Legislature.
432      (c)  Each circuit Article V indigent services committee
433 shall develop a schedule of standard fees and expense allowances
434 for the categories of cases specified in s. 27.5304 27.5303,
435 consistent with the overall compensation rates in that section
436 and within the amount of appropriated funds allocated by the
437 Justice Administrative Commission to the circuit for this
438 purpose.
439      (d)  Each circuit Article V indigent services committee
440 shall establish a schedule of standard allowances for due-
441 process expenses for cases in which the court has declared a
442 person indigent for costs, within the amount of appropriated
443 funds allocated by the Justice Administrative Commission to the
444 circuit for this purpose.
445      (3)  Notwithstanding any other provision of this section, a
446 circuit Article V indigent services committee may approve, and
447 the Justice Administrative Commission shall investigate and
448 evaluate the use of funds for, alternate models for the
449 provision of criminal and civil due-process services and
450 representation other than a model based on a per-case fee if a
451 more cost-effective and efficient system can be provided. An
452 alternate model may include court-reporting services and the
453 provision of court-appointed counsel.
454      (4)(3)  The Justice Administrative Commission shall prepare
455 and issue on a quarterly basis a statewide report comparing
456 actual year-to-date expenditures to budgeted amounts for the
457 circuit Article V indigent services committees in each of the
458 judicial circuits. Copies of these quarterly reports shall be
459 distributed to each circuit Article V indigent services
460 committee and to the Governor, the Chief Justice of the Supreme
461 Court, the President of the Senate, and the Speaker of the House
462 of Representatives.
463      (5)(4)(a)  The funding and positions for the processing of
464 committees' fees and expenses shall be as appropriated to the
465 Justice Administrative Commission in the General Appropriations
466 Act.
467      (b)  Funds for criminal conflict attorney's fees and
468 expenses shall be appropriated by the Legislature in a separate
469 appropriations category within the Justice Administrative
470 Commission. These funds shall be allocated to each circuit as
471 prescribed in the General Appropriations Act.
472      (c)  Funds for attorney's fees and expenses for child
473 dependency and civil conflict cases shall be appropriated by the
474 Legislature in a separate appropriations category within the
475 Justice Administrative Commission.
476      (d)  Any funds the Legislature appropriates for other
477 court-appointed counsel cases shall be as appropriated within
478 the Justice Administrative Commission.
479
480 The Justice Administrative Commission shall separately track
481 expenditures on private court-appointed counsel for the
482 following categories of cases: criminal conflict, civil
483 conflict, dependency and termination of parental rights, and
484 guardianship.
485      Section 3.  Section 27.52, Florida Statutes, is amended to
486 read:
487      (Substantial rewording of section. See
488      s. 27.52, F.S., for present text.)
489      27.52  Determination of indigent status.--
490      (1)  APPLICATION TO THE CLERK.--A person seeking
491 appointment of a public defender under s. 27.51 based upon an
492 inability to pay must apply to the clerk of the court for a
493 determination of indigent status using an application form
494 developed by the Florida Clerks of Court Operations Corporation
495 with final approval by the Supreme Court.
496      (a)  The application must include, at a minimum, the
497 following financial information:
498      1.  Net income, consisting of total salary and wages, minus
499 deductions required by law, including court-ordered support
500 payments.
501      2.  Other income, including, but not limited to, social
502 security benefits, union funds, veterans' benefits, workers'
503 compensation, other regular support from absent family members,
504 public or private employee pensions, unemployment compensation,
505 dividends, interest, rent, trusts, and gifts.
506      3.  Assets, including, but not limited to, cash, savings
507 accounts, bank accounts, stocks, bonds, certificates of deposit,
508 equity in real estate, and equity in a boat or a motor vehicle
509 or in other tangible property.
510      4.  All liabilities and debts.
511      5.  If applicable, the amount of any bail paid for the
512 applicant's release from incarceration and the source of the
513 funds.
514
515 The application must include a signature by the applicant which
516 attests to the truthfulness of the information provided. The
517 application form developed by the corporation must include
518 notice that the applicant may seek court review of a clerk's
519 determination that the applicant is not indigent, as provided in
520 this section.
521      (b)  An applicant shall pay a $40 application fee to the
522 clerk for each application for court-appointed counsel filed.
523 The applicant shall pay the fee within 7 days after submitting
524 the application. If the applicant does not pay the fee prior to
525 the disposition of the case, the clerk shall notify the court,
526 and the court shall:
527      1.  Assess the application fee as part of the sentence or
528 as a condition of probation; or
529      2.  Assess the application fee pursuant to s. 938.29.
530      (c)  Notwithstanding any provision of law, court rule, or
531 administrative order, the clerk shall assign the first $40 of
532 any fees or costs paid by an indigent person as payment of the
533 application fee. A person found to be indigent may not be
534 refused counsel or other required due-process services for
535 failure to pay the fee.
536      (d)  All application fees collected by the clerk under this
537 section shall be transferred monthly by the clerk to the
538 Department of Revenue for deposit in the Indigent Criminal
539 Defense Trust Fund administered by the Justice Administrative
540 Commission, to be used to as appropriated by the Legislature.
541 The clerk may retain 2 percent of application fees collected
542 monthly for administrative costs prior to remitting the
543 remainder to the Department of Revenue.
544      (e)1.  The clerk shall assist a person who appears before
545 the clerk and requests assistance in completing the application,
546 and the clerk shall notify the court if a person is unable to
547 complete the application after the clerk has provided
548 assistance.
549      2.  If the person seeking appointment of a public defender
550 is incarcerated, the public defender is responsible for
551 providing the application to the person and assisting him or her
552 in its completion and is responsible for submitting the
553 application to the clerk on the person's behalf. The public
554 defender may enter into an agreement for jail employees,
555 pretrial services employees, or employees of other criminal
556 justice agencies to assist the public defender in performing
557 functions assigned to the public defender under this
558 subparagraph.
559      (2)  DETERMINATION BY THE CLERK.--The clerk of the court
560 shall determine whether an applicant seeking appointment of a
561 public defender is indigent based upon the information provided
562 in the application and the criteria prescribed in this
563 subsection.
564      (a)1.  An applicant, including an applicant who is a minor
565 or an adult tax-dependent person, is indigent if the applicant's
566 income is equal to or below 200 percent of the then-current
567 federal poverty guidelines prescribed for the size of the
568 household of the applicant by the United States Department of
569 Health and Human Services or if the person is receiving
570 Temporary Assistance for Needy Families-Cash Assistance,
571 poverty-related veterans' benefits, or Supplemental Security
572 Income (SSI).
573      2.  There is a presumption that the applicant is not
574 indigent if the applicant owns, or has equity in, any intangible
575 or tangible personal property or real property or the expectancy
576 of an interest in any such property having a net equity value of
577 $2,500 or more, excluding the value of the person's homestead
578 and one vehicle having a net value not exceeding $5,000.
579      (b)  Based upon its review, the clerk shall make one of the
580 following determinations:
581      1.  The applicant is not indigent.
582      2.  The applicant is indigent.
583      (c)1.  If the clerk determines that the applicant is
584 indigent, the clerk shall submit the determination to the office
585 of the public defender and immediately file the determination in
586 the case file.
587      2.  If the public defender is unable to provide
588 representation due to a conflict pursuant to s. 27.5303, the
589 public defender shall move the court for withdrawal from
590 representation and appointment of private counsel.
591      (d)  The duty of the clerk in determining whether an
592 applicant is indigent shall be limited to receiving the
593 application and comparing the information provided in the
594 application to the criteria prescribed in this subsection. The
595 determination of indigent status is a ministerial act of the
596 clerk and not a decision based on further investigation or the
597 exercise of independent judgment by the clerk. The clerk may
598 contract with third parties to perform functions assigned to the
599 clerk under this section.
600      (e)  The applicant may seek review of the clerk's
601 determination that the applicant is not indigent in the court
602 having jurisdiction over the matter at the next scheduled
603 hearing. If the applicant seeks review of the clerk's
604 determination of indigent status, the court shall make a final
605 determination as provided in subsection (4).
606      (3)  APPOINTMENT OF COUNSEL ON INTERIM BASIS.--If the clerk
607 of the court has not made a determination of indigent status at
608 the time a person requests appointment of a public defender, the
609 court shall make a preliminary determination of indigent status,
610 pending further review by the clerk, and may, by court order,
611 appoint a public defender or private counsel on an interim
612 basis.
613      (4)  REVIEW OF CLERK'S DETERMINATION.--
614      (a)  If the clerk of the court determines that the
615 applicant is not indigent, and the applicant seeks review of the
616 clerk's determination, the court shall make a final
617 determination of indigent status by reviewing the information
618 provided in the application against the criteria prescribed in
619 subsection (2) and by considering the following additional
620 factors:
621      1.  Whether the applicant has been released on bail in an
622 amount of $5,000 or more.
623      2.  Whether a bond has been posted, the type of bond, and
624 who paid the bond.
625      3.  Whether paying for private counsel in an amount that
626 exceeds the limitations in s. 27.5304, or other due-process
627 services creates a substantial hardship for the applicant or the
628 applicant's family.
629      4.  Any other relevant financial circumstances of the
630 applicant or the applicant's family.
631      (b)  Based upon its review, the court shall make one of the
632 following determinations and, if the applicant is indigent,
633 shall appoint a public defender or private counsel:
634      1.  The applicant is not indigent.
635      2.  The applicant is indigent.
636      (5)  INDIGENT FOR COSTS.--A person who is eligible to be
637 represented by a public defender under s. 27.51 but who is
638 represented by private counsel not appointed by the court for a
639 reasonable fee as approved by the court, on a pro bono basis, or
640 who is proceeding pro se, may move the court for a determination
641 that he or she is indigent for costs and eligible for the
642 provision of due-process services, as prescribed by ss. 29.006
643 and 29.007, funded by the state.
644      (a)  The person must submit to the court:
645      1.  The completed application prescribed in subsection (1).
646      2.  In the case of a person represented by counsel, an
647 affidavit attesting to the estimated amount of attorney's fees
648 and the source of payment for these fees.
649      (b)  In reviewing the motion, the court shall consider:
650      1.  Whether the applicant applied for a determination of
651 indigent status under subsection (1) and the outcome of such
652 application.
653      2.  The extent to which the person's income equals or
654 exceeds the income criteria prescribed in subsection (2).
655      3.  The additional factors prescribed in subsection (4).
656      4.  Whether the applicant is proceeding pro se.
657      5.  When the applicant retained private counsel.
658      6.  The amount of any attorney's fees and who is paying the
659 fees.
660      (c)  Based upon its review, the court shall make one of the
661 following determinations:
662      1.  The applicant is not indigent for costs.
663      2.  The applicant is indigent for costs.
664      (d)  The provision of due-process services based upon a
665 determination that a person is indigent for costs under this
666 subsection must be effectuated pursuant to a court order, a copy
667 of which the clerk shall provide to counsel representing the
668 person, or to the person directly if he or she is proceeding pro
669 se, for use in requesting payment of due-process expenses
670 through the Justice Administrative Commission. Counsel
671 representing a person declared indigent for costs shall execute
672 the Justice Administrative Commission's contract for counsel
673 representing persons determined to be indigent for costs.
674      (6)  DUTIES OF PARENT OR LEGAL GUARDIAN.--A nonindigent
675 parent or legal guardian of an applicant who is a minor or an
676 adult tax-dependent person shall furnish the minor or adult tax-
677 dependent person with the necessary legal services and costs
678 incident to a delinquency proceeding or, upon transfer of such
679 person for criminal prosecution as an adult pursuant to chapter
680 985, a criminal prosecution in which the person has a right to
681 legal counsel under the Constitution of the United States or the
682 Constitution of the State of Florida. The failure of a parent or
683 legal guardian to furnish legal services and costs under this
684 section does not bar the appointment of legal counsel pursuant
685 to this section, s. 27.40, or s. 27.5303. When the public
686 defender, a private court-appointed conflict counsel, or a
687 private attorney is appointed to represent a minor or an adult
688 tax-dependent person in any proceeding in circuit court or in a
689 criminal proceeding in any other court, the parents or the legal
690 guardian shall be liable for payment of the fees, charges, and
691 costs of the representation even if the person is a minor being
692 tried as an adult. Liability for the fees, charges, and costs of
693 the representation shall be imposed in the form of a lien
694 against the property of the nonindigent parents or legal
695 guardian of the minor or adult tax-dependent person. The lien is
696 enforceable as provided in s. 27.561 or s. 938.29.
697      (7)  FINANCIAL DISCREPANCIES; FRAUD; FALSE INFORMATION.--
698      (a)  If the court learns of discrepancies between the
699 application or motion and the actual financial status of the
700 person found to be indigent or indigent for costs, the court
701 shall determine whether the public defender or private attorney
702 shall continue representation or whether the authorization for
703 any other due-process services previously authorized shall be
704 revoked. The person may be heard regarding the information
705 learned by the court. If the court, based on the information,
706 determines that the person is not indigent or indigent for
707 costs, the court shall order the public defender or private
708 attorney to discontinue representation and revoke the provision
709 of any other authorized due-process services.
710      (b)  If the court has reason to believe that any applicant,
711 through fraud or misrepresentation, was improperly determined to
712 be indigent or indigent for costs, the matter shall be referred
713 to the state attorney. Twenty-five percent of any amount
714 recovered by the state attorney as reasonable value of the
715 services rendered, including fees, charges, and costs paid by
716 the state on the person's behalf, shall be remitted to the
717 Department of Revenue for deposit into the Grants and Donations
718 Trust Fund within the Justice Administrative Commission.
719 Seventy-five percent of any amount recovered shall be remitted
720 to the Department of Revenue for deposit into the General
721 Revenue Fund.
722      (c)  A person who knowingly provides false information to
723 the clerk or the court in seeking a determination of indigent
724 status under this section commits a misdemeanor of the first
725 degree, punishable as provided in s. 775.082 or s. 775.083.
726      Section 4.  Subsections (1), (2), and (6) of section
727 27.5304, Florida Statutes, are amended, and subsections (7),
728 (8), (9), and (10) are added to said section, to read:
729      27.5304  Private court-appointed counsel; compensation.--
730      (1)  Private court-appointed counsel shall be compensated
731 by the Justice Administrative Commission in an amount not to
732 exceed the fee limits established in this section. The attorney
733 also shall be reimbursed for reasonable and necessary expenses
734 in accordance with s. 29.007. If the attorney is representing a
735 defendant charged with more than one offense in the same case,
736 the attorney shall be compensated at the rate provided for the
737 most serious offense for which he or she represented the
738 defendant. This section does not allow stacking of the fee
739 limits established by this section. Private court-appointed
740 counsel providing representation under an alternative model
741 shall enter into a uniform contract with the Justice
742 Administrative Commission and shall use the Justice
743 Administrative Commission's uniform procedures and forms in
744 support of billing for attorney's fees, costs, and related
745 expenses. Failure to comply with the terms of the contract for
746 services may result in termination of the contract.
747      (2)  The Justice Administrative Commission shall review an
748 intended billing by private court-appointed counsel for
749 attorney's fees based on a flat fee per case for completeness
750 and compliance with contractual, statutory, and circuit Article
751 V indigent services committee requirements. The commission may
752 approve the intended bill for a flat fee per case for payment
753 without approval by the court if the intended billing is
754 correct. For all other intended billings, prior to filing a
755 motion for an order approving payment of attorney's fees, costs,
756 or related expenses, the private court-appointed counsel shall
757 deliver a copy of the intended billing, together with supporting
758 affidavits and all other necessary documentation, to the Justice
759 Administrative Commission. The Justice Administrative Commission
760 shall review the billings, affidavit, and documentation for
761 completeness and compliance with contractual and statutory
762 requirements. If the Justice Administrative Commission objects
763 to any portion of the proposed billing, the objection and
764 reasons therefor shall be communicated to the private court-
765 appointed counsel. The private court-appointed counsel may
766 thereafter file his or her motion for order approving payment of
767 attorney's fees, costs, or related expenses together with
768 supporting affidavits and all other necessary documentation. The
769 motion must specify whether the Justice Administrative
770 Commission objects to any portion of the billing or the
771 sufficiency of documentation and shall attach the Justice
772 Administrative Commission's letter stating its objection. The
773 attorney shall have the burden to prove the entitlement to
774 attorney's fees, costs, or related expenses, if so, the reasons
775 therefor. A copy of the motion and attachments shall be served
776 on the Justice Administrative Commission at least 5 business
777 days prior to the date of a hearing. The Justice Administrative
778 Commission shall have standing to appear before the court to
779 contest any motion for order approving payment of attorney's
780 fees, costs, or related expenses and may participate in a
781 hearing on the motion by use of telephonic or other
782 communication equipment unless ordered otherwise. The Justice
783 Administrative Commission may contract with other public or
784 private entities or individuals to appear before the court for
785 the purpose of contesting any motion for order approving payment
786 of attorney's fees, costs, or related expenses. The fact that
787 the Justice Administrative Commission has not objected to any
788 portion of the billing or to the sufficiency of the
789 documentation is not binding on the court. The court retains
790 primary authority and responsibility for determining the
791 reasonableness of all billings for attorney's fees, costs, and
792 related expenses, subject to statutory limitations. Private
793 court-appointed counsel is entitled to compensation upon final
794 disposition of a case, except as provided in subsections (7),
795 (8), and (10). Before final disposition of a case, a private
796 court-appointed counsel may file a motion for fees, costs, and
797 related expenses for services completed up to the date of the
798 motion in any case or matter in which legal services have been
799 provided by the attorney for more than 1 year. The amount
800 approved by the court may not exceed 80 percent of the fees
801 earned, or costs and related expenses incurred, to date, or an
802 amount proportionate to the maximum fees permitted under this
803 section based on legal services provided to date, whichever is
804 less. The court may grant the motion if counsel shows that
805 failure to grant the motion would work a particular hardship
806 upon counsel.
807      (6)  A private attorney appointed in lieu of the public
808 defender to represent an indigent defendant may not reassign or
809 subcontract the case to another attorney or allow another
810 attorney to appear at a critical stage of a case who is not on
811 the registry developed under pursuant to s. 27.40.
812      (7)  Private court-appointed counsel representing a parent
813 in a dependency case that is open may submit a request for
814 payment to the Justice Administrative Commission at the
815 following intervals:
816      (a)  Upon entry of an order of disposition as to the parent
817 being represented.
818      (b)  Upon conclusion of a 12-month permanency review.
819      (c)  Following a judicial review hearing.
820
821 In no case, however, may counsel submit requests under this
822 paragraph more than once per quarter, unless the court finds
823 extraordinary circumstances justifying more frequent submission
824 of payment requests.
825      (8)  Private court-appointed counsel representing an
826 individual in an appeal to a district court of appeal or the
827 Supreme Court may submit a request for payment to the Justice
828 Administrative Commission at the following intervals:
829      (a)  Upon the filing of an appellate brief, including, but
830 not limited to, a reply brief.
831      (b)  When the opinion of the appellate court is finalized.
832      (9)  Private court-appointed counsel may not bill for
833 preparation of invoices whether or not the case is paid on the
834 basis of an hourly rate or by flat fee.
835      (10)  The Justice Administrative Commission shall develop a
836 schedule to provide partial payment of attorney fees for cases
837 that are not resolved within 6 months. The schedule must provide
838 that the aggregate payments shall not exceed limits established
839 by law. Any partial payment made pursuant to this subsection
840 shall not exceed the actual value of services provided to date.
841 Any partial payment shall be proportionate to the value of
842 services provided based on payment rates included in the
843 contract, not to exceed any limit provided by law.
844      Section 5.  Subsection (2) of section 27.54, Florida
845 Statutes, is amended to read:
846      27.54  Limitation on payment of expenditures for public
847 defender's office other than by the state.--
848      (2)  A county or municipality may contract with, or
849 appropriate or contribute funds to, the operation of the offices
850 of the various public defenders as provided in this subsection.
851 A public defender defending violations of special laws or county
852 or municipal ordinances punishable by incarceration and not
853 ancillary to a state charge shall contract with counties and
854 municipalities to recover the full cost of services rendered on
855 an hourly basis or reimburse the state for the full cost of
856 assigning one or more full-time equivalent attorney positions to
857 work on behalf of the county or municipality. Notwithstanding
858 any other provision of law, in the case of a county with a
859 population of less than 75,000, the public defender shall
860 contract for full reimbursement, or for reimbursement as the
861 parties otherwise agree. In local ordinance violation cases, the
862 county or municipality shall pay for due-process services that
863 are approved by the court, including deposition costs,
864 deposition transcript costs, investigative costs, witness fees,
865 expert witness costs, and interpreter costs. The person charged
866 with the violation shall be assessed a fee for the services of a
867 public defender and other costs and fees paid by the county or
868 municipality, which assessed fee may be reduced to a lien, in
869 all instances in which the person enters a plea of guilty or no
870 contest or is found to be in violation or guilty of any count or
871 lesser included offense of the charge or companion case charges,
872 regardless of adjudication. The court shall determine the amount
873 of the obligation. The county or municipality may recover
874 assessed fees through collections court or as otherwise
875 permitted by law and any fees recovered pursuant to this section
876 shall be forwarded to the applicable county or municipality as
877 reimbursement.
878      (a)  A contract for reimbursement on an hourly basis shall
879 require a county or municipality to reimburse the public
880 defender for services rendered at a rate of $50 per hour. If an
881 hourly rate is specified in the General Appropriations Act, that
882 rate shall control.
883      (b)  A contract for assigning one or more full-time
884 equivalent attorney positions to perform work on behalf of the
885 county or municipality shall assign one or more full-time
886 equivalent positions based on estimates by the public defender
887 of the number of hours required to handle the projected
888 workload. The full cost of each full-time equivalent attorney
889 position on an annual basis shall be $50, or the amount
890 specified in the General Appropriations Act, multiplied by the
891 legislative budget request standard for available work hours for
892 one full-time equivalent attorney position, or, in the absence
893 of that standard, 1,854 hours. The contract may provide for
894 funding full-time equivalent positions in one-quarter
895 increments.
896      (c)  Any payments received pursuant to this subsection
897 shall be deposited into the Grants and Donations Trust Fund
898 within the Justice Administrative Commission for appropriation
899 by the Legislature.
900      Section 6.  Section 28.24, Florida Statutes, is amended to
901 read:
902      28.24  Service charges by clerk of the circuit court.--The
903 clerk of the circuit court shall may charge for services
904 rendered by the clerk's office in recording documents and
905 instruments and in performing the duties enumerated in amounts
906 not to exceed those specified in this section. Notwithstanding
907 any other provision of this section, the clerk of the circuit
908 court shall provide without charge to the state attorney, public
909 defender, and guardian ad litem, public guardian, attorney ad
910 litem, and court-appointed counsel paid by the state, and to the
911 authorized staff acting on behalf of each, access to and a copy
912 of any public record, if the requesting party is entitled by law
913 to view the exempt or confidential record, as maintained by and
914 in the custody of the clerk of the circuit court as provided in
915 general law and the Florida Rules of Judicial Administration.
916 The clerk of the circuit court may provide the requested public
917 record in an electronic format in lieu of a paper format when
918 capable of being accessed by the requesting entity.
919
920 Charges
921      (1)  For examining, comparing, correcting, verifying, and
922 certifying transcripts of record in appellate proceedings,
923 prepared by attorney for appellant or someone else other than
924 clerk per page....4.50
925      (2)  For preparing, numbering, and indexing an original
926 record of appellate proceedings, per instrument....3.00
927      (3)  For certifying copies of any instrument in the public
928 records....1.50
929      (4)  For verifying any instrument presented for
930 certification prepared by someone other than clerk, per
931 page....3.00
932      (5)(a)  For making copies by photographic process of any
933 instrument in the public records consisting of pages of not more
934 than 14 inches by 81/2 inches, per page....1.00
935      (b)  For making copies by photographic process of any
936 instrument in the public records of more than 14 inches by 81/2
937 inches, per page....5.00
938      (6)  For making microfilm copies of any public records:
939      (a)  16 mm 100' microfilm roll....37.50
940      (b)  35 mm 100' microfilm roll....52.50
941      (c)  Microfiche, per fiche....3.00
942      (7)  For copying any instrument in the public records by
943 other than photographic process, per page....6.00
944      (8)  For writing any paper other than herein specifically
945 mentioned, same as for copying, including signing and
946 sealing....6.00
947      (9)  For indexing each entry not recorded....1.00
948      (10)  For receiving money into the registry of court:
949      (a)1.  First $500, percent....3
950      2.  Each subsequent $100, percent....1.5
951      (b)  Eminent domain actions, per deposit....$150.00
952      (11)  For examining, certifying, and recording plats and
953 for recording condominium exhibits larger than 14 inches by 81/2
954 inches:
955      (a)  First page....30.00
956      (b)  Each additional page....15.00
957      (12)  For recording, indexing, and filing any instrument
958 not more than 14 inches by 81/2 inches, including required
959 notice to property appraiser where applicable:
960      (a)  First page or fraction thereof....5.00
961      (b)  Each additional page or fraction thereof....4.00
962      (c)  For indexing instruments recorded in the official
963 records which contain more than four names, per additional
964 name....1.00
965      (d)  An additional service charge shall be paid to the
966 clerk of the circuit court to be deposited in the Public Records
967 Modernization Trust Fund for each instrument listed in s.
968 28.222, except judgments received from the courts and notices of
969 lis pendens, recorded in the official records:
970      1.  First page....1.00
971      2.  Each additional page....0.50
972
973 Said fund shall be held in trust by the clerk and used
974 exclusively for equipment and maintenance of equipment,
975 personnel training, and technical assistance in modernizing the
976 public records system of the office. In a county where the duty
977 of maintaining official records exists in an office other than
978 the office of the clerk of the circuit court, the clerk of the
979 circuit court is entitled to 25 percent of the moneys deposited
980 into the trust fund for equipment, maintenance of equipment,
981 training, and technical assistance in modernizing the system for
982 storing records in the office of the clerk of the circuit court.
983 The fund may not be used for the payment of travel expenses,
984 membership dues, bank charges, staff-recruitment costs, salaries
985 or benefits of employees, construction costs, general operating
986 expenses, or other costs not directly related to obtaining and
987 maintaining equipment for public records systems or for the
988 purchase of furniture or office supplies and equipment not
989 related to the storage of records. On or before December 1,
990 1995, and on or before December 1 of each year immediately
991 preceding each year during which the trust fund is scheduled for
992 legislative review under s. 19(f)(2), Art. III of the State
993 Constitution, each clerk of the circuit court shall file a
994 report on the Public Records Modernization Trust Fund with the
995 President of the Senate and the Speaker of the House of
996 Representatives. The report must itemize each expenditure made
997 from the trust fund since the last report was filed; each
998 obligation payable from the trust fund on that date; and the
999 percentage of funds expended for each of the following:
1000 equipment, maintenance of equipment, personnel training, and
1001 technical assistance. The report must indicate the nature of the
1002 system each clerk uses to store, maintain, and retrieve public
1003 records and the degree to which the system has been upgraded
1004 since the creation of the trust fund.
1005      (e)  An additional service charge of $4 per page shall be
1006 paid to the clerk of the circuit court for each instrument
1007 listed in s. 28.222, except judgments received from the courts
1008 and notices of lis pendens, recorded in the official records.
1009 From the additional $4 service charge collected:
1010      1.  If the counties maintain legal responsibility for the
1011 costs of the court-related technology needs as defined in s.
1012 29.008(1)(f)2. and (h), 10 cents shall be distributed to the
1013 Florida Association of Court Clerks and Comptroller, Inc., for
1014 the cost of development, implementation, operation, and
1015 maintenance of the clerks' Comprehensive Case Information
1016 System, in which system all clerks shall participate on or
1017 before January 1, 2006; $1.90 shall be retained by the clerk to
1018 be deposited in the Public Records Modernization Trust Fund and
1019 used exclusively for funding court-related technology needs of
1020 the clerk as defined in s. 29.008(1)(f)2. and (h); and $2 shall
1021 be distributed to the board of county commissioners to be used
1022 exclusively to fund court-related technology, and court
1023 technology needs as defined in s. 29.008(1)(f)2. and (h) for the
1024 state trial courts, state attorney, and public defender in that
1025 county. If the counties maintain legal responsibility for the
1026 costs of the court-related technology needs as defined in s.
1027 29.008(1)(f)2. and (h), notwithstanding any other provision of
1028 law, the county is not required to provide additional funding
1029 beyond that provided herein for the court-related technology
1030 needs of the clerk as defined in s. 29.008(1)(f)2. and (h). All
1031 court records and official records are the property of the State
1032 of Florida, including any records generated as part of the
1033 Comprehensive Case Information System funded pursuant to this
1034 paragraph and the clerk of court is designated as the custodian
1035 of such records, except in a county where the duty of
1036 maintaining official records exists in a county office other
1037 than the clerk of court, such county office is designated the
1038 custodian of all official records, and the clerk of court is
1039 designated the custodian of all court records. The clerk of
1040 court or any entity acting on behalf of the clerk of court,
1041 including an association, shall not charge a fee to any agency
1042 as defined in s. 119.011, the Legislature, or the State Court
1043 System for copies of records generated by the Comprehensive Case
1044 Information System or held by the clerk of court or any entity
1045 acting on behalf of the clerk of court, including an
1046 association.
1047      2.  If the state becomes legally responsible for the costs
1048 of court-related technology needs as defined in s.
1049 29.008(1)(f)2. and (h), whether by operation of general law or
1050 by court order, $4 shall be remitted to the Department of
1051 Revenue for deposit into the General Revenue Fund.
1052      (13)  Oath, administering, attesting, and sealing, not
1053 otherwise provided for herein....3.00
1054      (14)  For validating certificates, any authorized bonds,
1055 each....3.00
1056      (15)  For preparing affidavit of domicile....5.00
1057      (16)  For exemplified certificates, including signing and
1058 sealing....6.00
1059      (17)  For authenticated certificates, including signing and
1060 sealing....6.00
1061      (18)(a)  For issuing and filing a subpoena for a witness,
1062 not otherwise provided for herein (includes writing, preparing,
1063 signing, and sealing)....6.00
1064      (b)  For signing and sealing only....1.50
1065      (19)  For approving bond....7.50
1066      (20)  For searching of records, for each year's
1067 search....1.50
1068      (21)  For processing an application for a tax deed sale
1069 (includes application, sale, issuance, and preparation of tax
1070 deed, and disbursement of proceeds of sale), other than excess
1071 proceeds....60.00
1072      (22)  For disbursement of excess proceeds of tax deed sale,
1073 first $100 or fraction thereof....10.00
1074      (23)  Upon receipt of an application for a marriage
1075 license, for preparing and administering of oath; issuing,
1076 sealing, and recording of the marriage license; and providing a
1077 certified copy....30.00
1078      (24)  For solemnizing matrimony....30.00
1079      (25)  For sealing any court file or expungement of any
1080 record....37.50
1081      (26)(a)  For receiving and disbursing all restitution
1082 payments, per payment....3.00
1083      (b)  For receiving and disbursing all partial payments,
1084 other than restitution payments, for which an administrative
1085 processing service charge is not imposed pursuant to s. 28.246,
1086 per month....5.00
1087      (c)  For setting up a payment plan, a one-time
1088 administrative processing charge in lieu of a per month charge
1089 under paragraph (b)....25.00
1090      (27)  Postal charges incurred by the clerk of the circuit
1091 court in any mailing by certified or registered mail shall be
1092 paid by the party at whose instance the mailing is made.
1093      (28)  For furnishing an electronic copy of information
1094 contained in a computer database: a fee as provided for in
1095 chapter 119.
1096      Section 7.  Paragraph (a) of subsection (1) of section
1097 28.2402, Florida Statutes, is amended to read:
1098      28.2402  Cost recovery; use of the circuit court for
1099 ordinance or special law violations.--
1100      (1)(a)  In lieu of payment of a filing fee under s. 28.241,
1101 a filing fee of $10 shall be paid by a county or municipality
1102 when filing a county or municipal ordinance violation or
1103 violation of a special law in circuit court. This fee shall be
1104 paid to the clerk of the court for performing court-related
1105 functions. A county or municipality is not required to pay more
1106 than one filing fee for a single filing against a single
1107 defendant that contains multiple alleged violations. A filing
1108 fee, other than that imposed under this section, may not be
1109 assessed for initiating an enforcement proceeding in circuit
1110 court for a violation of a county or municipal code or ordinance
1111 or a violation of a special law. The filing fee shall not apply
1112 to instances in which a county or municipality has contracted
1113 with the state, or has been delegated by the state,
1114 responsibility for enforcing state operations, policies, or
1115 requirements under s. 125.69, s. 166.0415, or chapter 162.
1116      Section 8.  Section 28.245, Florida Statutes, is amended to
1117 read:
1118      28.245  Transmittal of funds to Department of Revenue;
1119 uniform remittance form required.--Notwithstanding any other
1120 provision of law, all moneys collected by the clerks of the
1121 court as part of the clerk's court-related functions for
1122 subsequent distribution to any state entity must be transmitted
1123 electronically, by the 20th day of the month immediately
1124 following the month in which the moneys are collected, to the
1125 Department of Revenue for appropriate distribution. A uniform
1126 remittance form provided by the Department of Revenue detailing
1127 the specific amounts due each fund must accompany such
1128 submittal. All moneys collected by the clerks of court for
1129 remittance to any entity must be distributed pursuant to the law
1130 in effect at the time of collection.
1131      Section 9.  Subsections (1) and (4) of section 28.246,
1132 Florida Statutes, are amended to read:
1133      28.246  Payment of court-related fees, charges, and costs;
1134 partial payments; distribution of funds.--
1135      (1)  Beginning July 1, 2003, the clerk of the circuit court
1136 shall report the following information to the Legislature and
1137 the Florida Clerks Clerk of Court Operations Corporation
1138 Conference on a form developed by the Department of Financial
1139 Services:
1140      (a)  The total amount of mandatory fees, service charges,
1141 and costs; the total amount actually assessed; the total amount
1142 discharged, waived, or otherwise not assessed; and the total
1143 amount collected.
1144      (b)  The amount of discretionary fees, service charges, and
1145 costs assessed; the total amount discharged; and the total
1146 amount collected.
1147      (c)  The total amount of mandatory fines and other monetary
1148 penalties; the total amount assessed; the total amount
1149 discharged, waived, or otherwise not assessed; and the total
1150 amount collected.
1151      (d)  The amount of discretionary fines and other monetary
1152 penalties assessed; the amount discharged; and the total amount
1153 collected.
1154
1155 If provided to the clerk of court by the judge, the clerk, in
1156 reporting the amount assessed, shall separately identify the
1157 amount assessed pursuant to s. 938.30 as community service;
1158 assessed by reducing the amount to a judgment or lien; satisfied
1159 by time served; or other. The form developed by the Chief
1160 Financial Officer shall include separate entries for recording
1161 these amounts. The clerk shall submit the report on a quarterly
1162 basis 30 days after the end of the quarter for the period from
1163 July 1, 2003, through June 30, 2004, and on an annual basis
1164 thereafter, 60 days after the end of the county fiscal year.
1165      (4)  The clerk of the circuit court shall accept partial
1166 payments for court-related fees, service charges, costs, and
1167 fines in accordance with the terms of an established payment
1168 plan. An individual seeking to defer payment of fees, service
1169 charges, costs, or fines imposed by operation of law or order of
1170 the court under any provision of general law shall apply to the
1171 clerk for enrollment in a payment plan. The clerk shall enter
1172 into a payment plan with an individual who the court determines
1173 is indigent for costs. A monthly payment amount, calculated
1174 based upon all fees and all anticipated costs, is presumed to
1175 correspond to the person's ability to pay if the amount does not
1176 exceed 2 percent of the person's annual net income, as defined
1177 in 27.52(1), divided by 12. The court may review the
1178 reasonableness of the payment plan, and determined by the court
1179 to be unable to make payment in full, shall be enrolled by the
1180 clerk in a payment program, with periodic payment amounts
1181 corresponding to the individual's ability to pay.
1182      Section 10.  Section 28.345, Florida Statutes, is amended
1183 to read:
1184      28.345  Exemption from court-related fees and
1185 charges.--Notwithstanding any other provision of this chapter or
1186 law to the contrary, judges and those court staff acting on
1187 behalf of judges, state attorneys, guardians ad litem, public
1188 guardians, attorneys ad litem, court-appointed private counsel,
1189 and public defenders, acting in their official capacity, and
1190 state agencies, are exempt from all court-related fees and
1191 charges assessed by the clerks of the circuit courts.
1192      Section 11.  Subsection (2), paragraph (a) of subsection
1193 (3), and paragraph (b) of subsection (4) of section 28.36,
1194 Florida Statutes, are amended to read:
1195      28.36  Budget procedure.--There is hereby established a
1196 budget procedure for the court-related functions of the clerks
1197 of the court.
1198      (2)(a)  For the period July 1, 2004, through September 30,
1199 2004, and for each county fiscal year ending September 30
1200 thereafter, each clerk of the court shall prepare a budget
1201 relating solely to the performance of the standard list of
1202 court-related functions pursuant to s. 28.35(4)(a).
1203      (b)  The chief judge of each circuit, after consultation
1204 with the clerk of court, shall coordinate the provision of all
1205 court-related functions and determine the priorities for the
1206 court-related functions of the clerk of court provided pursuant
1207 to s. 28.35(4)(a).
1208      (3)  Each proposed budget shall further conform to the
1209 following requirements:
1210      (a)  On or before August 15 1 for each fiscal year
1211 thereafter, the proposed budget shall be prepared, summarized,
1212 and submitted by the clerk in each county to the Clerks of Court
1213 Operations Corporation in the manner and form prescribed by the
1214 corporation conference. The proposed budget must provide
1215 detailed information on the anticipated revenues available and
1216 expenditures necessary for the performance of the standard list
1217 of court-related functions of the clerk's office developed
1218 pursuant to s. 28.35(4)(a) for the county fiscal year beginning
1219 the following October 1.
1220      (4)  If a clerk of the court estimates that available funds
1221 plus projected revenues from fines, fees, service charges, and
1222 costs for court-related services are insufficient to meet the
1223 anticipated expenditures for the standard list of court-related
1224 functions in s. 28.35(4)(a) performed by his or her office, the
1225 clerk must report the revenue deficit to the Clerks of Court
1226 Operations Corporation in the manner and form prescribed by the
1227 corporation pursuant to contract with the Chief Financial
1228 Officer. The corporation shall verify that the proposed budget
1229 is limited to the standard list of court-related functions in s.
1230 28.35(4)(a).
1231      (b)  If the Chief Financial Officer Department of Revenue
1232 finds the court-related budget proposed by a clerk includes
1233 functions not included in the standard list of court-related
1234 functions in s. 28.35(4)(a) 28.35(3)(a), the Chief Financial
1235 Officer department shall notify the clerk of the amount of the
1236 proposed budget not eligible to be funded from fees, service
1237 charges, costs, and fines for court-related functions and shall
1238 identify appropriate corrective measures to ensure budget
1239 integrity. The clerk shall then immediately discontinue all
1240 ineligible the expenditures of court-related funds for this
1241 purpose and reimburse the Clerks of the Court Trust Fund for any
1242 previously ineligible expenditures made for non-court-related
1243 functions, and shall implement any corrective actions identified
1244 by the Chief Financial Officer incurred to date for these
1245 functions.
1246      Section 12.  Subsection (4) of section 28.37, Florida
1247 Statutes, is amended to read:
1248      28.37  Fines, fees, service charges, and costs remitted to
1249 the state.--
1250      (4)  Beginning January 1, 2005, for the period July 1,
1251 2004, through September 30, 2004, and each January 1 thereafter
1252 for the preceding county fiscal year of October 1 through
1253 September 30, the clerk of the court must remit to the
1254 Department of Revenue for deposit in the General Revenue Fund
1255 the cumulative excess of all fees, service charges, court costs,
1256 and fines retained by the clerks of the court, plus any funds
1257 received by the clerks of the court from the Department of
1258 Revenue Clerk of the Court Trust Fund under s. 28.36(4)(a), over
1259 the amount needed to meet the approved budget amounts
1260 established under s. 28.36.
1261      Section 13.  Section 28.44, Florida Statutes, is created to
1262 read:
1263      28.44  Clerk discontinuance of court-related functions.--
1264      (1)  No function of the clerk of court being performed in
1265 support of the trial courts by the individual clerks of court on
1266 July 1, 2004, may be discontinued or substantially modified on a
1267 unilateral basis except pursuant to this section. A clerk of
1268 court may discontinue performing a function performed in support
1269 of the trial court only if:
1270      (a)  The chief judge of the circuit has consented in
1271 writing to the discontinuance or substantial modification of the
1272 function performed in support of the trial court; or
1273      (b)  The clerk of court has given written notice of the
1274 intention to substantially modify or discontinue a function
1275 performed in support of the trial court at least one year before
1276 the effective date of the discontinuance or substantial
1277 modification of the function.
1278      (2)  "Substantial modification" of a function performed in
1279 support of the trial court means a modification which has the
1280 effect of reducing the level of services provided to the trial
1281 court.
1282      Section 14.  Subsection (6) of section 29.004, Florida
1283 Statutes, is amended to read:
1284      29.004  State courts system.--For purposes of implementing
1285 s. 14, Art. V of the State Constitution, the elements of the
1286 state courts system to be provided from state revenues
1287 appropriated by general law are as follows:
1288      (6)  Expert witnesses who not requested by any party which
1289 are appointed by the court pursuant to an express grant of
1290 statutory authority.
1291      Section 15.  Subsections (4), (5), (6), (7), and (8) of
1292 section 29.005, Florida Statutes, are amended to read:
1293      29.005  State attorneys' offices and prosecution
1294 expenses.--For purposes of implementing s. 14, Art. V of the
1295 State Constitution, the elements of the state attorneys' offices
1296 to be provided from state revenues appropriated by general law
1297 are as follows:
1298      (4)  Mental health professionals appointed pursuant to s.
1299 394.473 and required in a court hearing involving an indigent,
1300 and mental health professionals appointed pursuant to s.
1301 916.115(2) and required in a court hearing involving an
1302 indigent.
1303      (4)(5)  Reasonable transportation services in the
1304 performance of constitutional and statutory responsibilities.
1305 Motor vehicles owned by the counties and provided exclusively to
1306 state attorneys as of July 1, 2003, and any additional vehicles
1307 owned by the counties and provided exclusively to state
1308 attorneys during fiscal year 2003-2004 shall be transferred by
1309 title to the state effective July 1, 2004.
1310      (5)(6)  Travel expenses reimbursable under s. 112.061
1311 reasonably necessary in the performance of constitutional and
1312 statutory responsibilities.
1313      (6)(7)  Reasonable library and electronic legal research
1314 services, other than a public law library.
1315      (7)(8)  Reasonable pretrial consultation fees and costs.
1316      Section 16.  Section 29.007, Florida Statutes, is amended
1317 to read:
1318      29.007  Court-appointed counsel.--For purposes of
1319 implementing s. 14, Art. V of the State Constitution, the
1320 elements of court-appointed counsel to be provided from state
1321 revenues appropriated by general law are as follows:
1322      (1)  Private attorneys appointed by the court to handle
1323 cases where the defendant is indigent and cannot be represented
1324 by the public defender under ss. 27.42 and 27.53.
1325      (2)  Private attorneys appointed by the court to represent
1326 indigents or other classes of litigants in civil proceedings
1327 requiring court-appointed counsel in accordance with state and
1328 federal constitutional guarantees and federal and state
1329 statutes.
1330      (3)  Reasonable court reporting and transcription services
1331 necessary to meet constitutional or statutory requirements,
1332 including the cost of transcribing and copying depositions of
1333 witnesses and the cost of foreign language and sign-language
1334 interpreters and translators.
1335      (4)  Witnesses, including expert witnesses, summoned to
1336 appear for an investigation, preliminary hearing, or trial in a
1337 case when the witnesses are summoned on behalf of an indigent,
1338 and any other expert witnesses approved by the court.
1339      (5)  Mental health professionals appointed pursuant to s.
1340 394.473 and required in a court hearing involving an indigent,
1341 and mental health professionals appointed pursuant to s.
1342 916.115(2) and required in a court hearing involving an
1343 indigent, and any other mental health professionals expressly
1344 required by law for the full adjudication of any civil case
1345 involving an indigent person.
1346      (6)  Reasonable pretrial consultation fees and costs.
1347      (7)  Travel expenses reimbursable under s. 112.061
1348 reasonably necessary in the performance of constitutional and
1349 statutory responsibilities.
1350
1351 Subsections (3), (4), (5), (6), and (7) apply when court-
1352 appointed counsel is appointed; when the court determines that
1353 the litigant is indigent for costs; or when the litigant is
1354 acting pro se and the court determines that the litigant is
1355 indigent for costs at the trial or appellate level. This section
1356 applies in any situation in which the court appoints counsel to
1357 protect a litigant's due-process rights. The Justice
1358 Administrative Commission shall approve uniform contract forms
1359 for use in processing payments for due process services under
1360 this section. In each case in which a private attorney
1361 represents a person determined by the court to be indigent for
1362 costs, the attorney shall execute the commission's contract for
1363 private attorneys representing persons determined to be indigent
1364 for costs.
1365      Section 17.  Subsection (1) of section 29.008, Florida
1366 Statutes, is amended to read:
1367      29.008  County funding of court-related functions.--
1368      (1)  Counties are required by s. 14, Art. V of the State
1369 Constitution to fund the cost of communications services,
1370 existing radio systems, existing multiagency criminal justice
1371 information systems, and the cost of construction or lease,
1372 maintenance, utilities, and security of facilities for the
1373 circuit and county courts, public defenders' offices, state
1374 attorneys' offices, guardian ad litem offices, and the offices
1375 of the clerks of the circuit and county courts performing court-
1376 related functions. For purposes of this section, the term
1377 "circuit and county courts" shall include the offices and
1378 staffing of the guardian ad litem programs. The county
1379 designated under s. 35.05(1) as the headquarters for each
1380 appellate district shall fund these costs for the appellate
1381 division of the public defender's office in that county. For
1382 purposes of implementing these requirements, the term:
1383      (a)  "Facility" means reasonable and necessary buildings
1384 and office space and appurtenant equipment and furnishings,
1385 structures, real estate, easements, and related interests in
1386 real estate, including, but not limited to, those for the
1387 purpose of housing legal materials for use by the general public
1388 and personnel, equipment, or functions of the circuit or county
1389 courts, public defenders' offices, state attorneys' offices, and
1390 court-related functions of the office of the clerks of the
1391 circuit and county courts and all storage. The term "facility"
1392 includes all wiring necessary for court-reporting services. The
1393 term also includes access to parking for such facilities in
1394 connection with such court-related functions that may be
1395 available free or from a private provider or a local government
1396 for a fee. The office space provided by a county may not be less
1397 than the standards for space allotment adopted by the Department
1398 of Management Services, except this requirement applies only to
1399 facilities that are leased, or on which construction commences,
1400 after June 30, 2003. County funding must include physical
1401 modifications and improvements to all facilities as are required
1402 for compliance with the Americans with Disabilities Act. Upon
1403 mutual agreement of a county and the affected entity in this
1404 paragraph, the office space provided by the county may vary from
1405 the standards for space allotment adopted by the Department of
1406 Management Services. This section applies only to facilities
1407 that are leased, or on which construction commences, after June
1408 30, 2003.
1409      1.  As of July 1, 2005, equipment and furnishings shall be
1410 limited to that appropriate and customary for courtrooms,
1411 hearing rooms, jury facilities, and other public areas in
1412 courthouses and any other facility occupied by the courts, state
1413 attorneys, and public defenders. Court-reporting equipment in
1414 these areas or facilities is not a responsibility of the county.
1415      2.  Equipment and furnishings under this paragraph in
1416 existence and owned by counties on July 1, 2005, except for that
1417 in the possession of the clerks, for areas other than
1418 courtrooms, hearing rooms, jury facilities, and other public
1419 areas in courthouses and any other facility occupied by the
1420 courts, state attorneys, and public defenders, shall be
1421 transferred to the state at no charge. This provision does not
1422 apply to any communication services as defined in paragraph (f).
1423      (b)  "Construction or lease" includes, but is not limited
1424 to, all reasonable and necessary costs of the acquisition or
1425 lease of facilities for all judicial officers, staff, jurors,
1426 volunteers of a tenant agency, and the public for the circuit
1427 and county courts, the public defenders' offices, state
1428 attorneys' offices, and for performing the court-related
1429 functions of the offices of the clerks of the circuit and county
1430 courts. This includes expenses related to financing such
1431 facilities and the existing and future cost and bonded
1432 indebtedness associated with placing the facilities in use.
1433      (c)  "Maintenance" includes, but is not limited to, all
1434 reasonable and necessary costs of custodial and groundskeeping
1435 services and renovation and reconstruction as needed to
1436 accommodate functions for the circuit and county courts, the
1437 public defenders' offices, and state attorneys' offices and for
1438 performing the court-related functions of the offices of the
1439 clerks of the circuit and county court and for maintaining the
1440 facilities in a condition appropriate and safe for the use
1441 intended.
1442      (d)  "Utilities" means all electricity services for light,
1443 heat, and power; natural or manufactured gas services for light,
1444 heat, and power; water and wastewater services and systems,
1445 stormwater or runoff services and systems, sewer services and
1446 systems, all costs or fees associated with these services and
1447 systems, and any costs or fees associated with the mitigation of
1448 environmental impacts directly related to the facility.
1449      (e)  "Security" includes but is not limited to, all
1450 reasonable and necessary costs of services of law enforcement
1451 officers or licensed security guards and all electronic,
1452 cellular, or digital monitoring and screening devices necessary
1453 to ensure the safety and security of all persons visiting or
1454 working in a facility; to provide for security of the facility,
1455 including protection of property owned by the county or the
1456 state; and for security of prisoners brought to any facility.
1457 This includes bailiffs while providing courtroom and other
1458 security for each judge and other quasi-judicial officers.
1459      (f)  "Communications services" are defined as any
1460 reasonable and necessary transmission, emission, and reception
1461 of signs, signals, writings, images, and sounds of intelligence
1462 of any nature by wire, radio, optical, audio equipment, or other
1463 electromagnetic systems and includes all facilities and
1464 equipment owned, leased, or used by judges, clerks, public
1465 defenders, state attorneys, and all staff of the state courts
1466 system, state attorneys' offices, public defenders' offices, and
1467 clerks of the circuit and county courts performing court-related
1468 functions. Such system or services shall include, but not be
1469 limited to:
1470      1.  Telephone system infrastructure, including computer
1471 lines, telephone switching equipment, and maintenance, and
1472 facsimile equipment, wireless communications, cellular
1473 telephones, pagers, and video teleconferencing equipment and
1474 line charges. Each county shall continue to provide access to a
1475 local carrier for local and long distance service and shall pay
1476 toll charges for local and long distance service.
1477      2.  All computer networks, systems and equipment, including
1478 computer hardware and software, modems, printers, wiring,
1479 network connections, maintenance, support staff or services
1480 including any county-funded support staff located in the offices
1481 of the circuit court, county courts, state attorneys, and public
1482 defenders, training, supplies, and line charges necessary for an
1483 integrated computer system to support the operations and
1484 management of the state courts system, the offices of the public
1485 defenders, the offices of the state attorneys, and the offices
1486 of the clerks of the circuit and county courts and the
1487 capability to connect those entities and reporting data to the
1488 state as required for the transmission of revenue, performance
1489 accountability, case management, data collection, budgeting, and
1490 auditing purposes. The integrated computer system shall be
1491 operational by July 1, 2006, and, at a minimum, permit the
1492 exchange of financial, performance accountability, case
1493 management, case disposition, and other data across multiple
1494 state and county information systems involving multiple users at
1495 both the state level and within each judicial circuit and be
1496 able to electronically exchange judicial case background data,
1497 sentencing scoresheets, and video evidence information stored in
1498 integrated case management systems over secure networks. Once
1499 the integrated system becomes operational, counties may reject
1500 requests to purchase communication services included in this
1501 subparagraph not in compliance with standards, protocols, or
1502 processes adopted by the board established pursuant to s.
1503 29.0086.
1504      3.  Courier messenger and subpoena services.
1505      4.  Auxiliary aids and services for qualified individuals
1506 with a disability which are necessary to ensure access to the
1507 courts. Such auxiliary aids and services include, but are not
1508 limited to, sign language interpretation services required under
1509 the federal Americans with Disabilities Act other than services
1510 required to satisfy due-process due process requirements and
1511 identified as a state funding responsibility pursuant to ss.
1512 29.004, 29.005, 29.006, and 29.007, real-time transcription
1513 services for individuals who are hearing impaired, and assistive
1514 listening devices and the equipment necessary to implement such
1515 accommodations.
1516      (g)  "Existing radio systems" includes, but is not limited
1517 to, law enforcement radio systems that are used by the circuit
1518 and county courts, the offices of the public defenders, the
1519 offices of the state attorneys, and for court-related functions
1520 of the offices of the clerks of the circuit and county courts.
1521 This includes radio systems that were operational or under
1522 contract at the time Revision No. 7, 1998, to Art. V of the
1523 State Constitution was adopted and any enhancements made
1524 thereafter, the maintenance of those systems, and the personnel
1525 and supplies necessary for operation.
1526      (h)  "Existing multiagency criminal justice information
1527 systems" includes, but is not limited to, those components of
1528 the multiagency criminal justice information system as defined
1529 in s. 943.045, supporting the offices of the circuit or county
1530 courts, the public defenders' offices, the state attorneys'
1531 offices, or those portions of the offices of the clerks of the
1532 circuit and county courts performing court-related functions
1533 that are used to carry out the court-related activities of those
1534 entities. This includes upgrades and maintenance of the current
1535 equipment, maintenance and upgrades of supporting technology
1536 infrastructure and associated staff, and services and expenses
1537 to assure continued information sharing and reporting of
1538 information to the state. The counties shall also provide
1539 additional information technology services, hardware, and
1540 software as needed for new judges and staff of the state courts
1541 system, state attorneys' offices, public defenders' offices, and
1542 the offices of the clerks of the circuit and county courts
1543 performing court-related functions.
1544      Section 18.  Subsection (2) of section 29.015, Florida
1545 Statutes, is amended to read:
1546      29.015  Contingency fund; limitation of authority to
1547 transfer funds in contracted due-process due process services
1548 appropriation categories.--
1549      (2)  In the event that a state attorney or public defender
1550 incurs a deficit in a contracted due-process due process
1551 services appropriation category, the following steps shall be
1552 taken in order:
1553      (a)  The state attorney or public defender shall first
1554 attempt to identify surplus funds from other appropriation
1555 categories within his or her office and submit a budget
1556 amendment pursuant to chapter 216 to transfer funds from within
1557 the office.
1558      (b)  In the event that the state attorney or public
1559 defender is unable to identify surplus funds from within his or
1560 her office, he or she shall certify this to the Justice
1561 Administrative Commission along with a complete explanation of
1562 the circumstances which led to the deficit and steps the office
1563 has taken to reduce or alleviate the deficit. The Justice
1564 Administrative Commission shall inquire as to whether any other
1565 office has surplus funds in its contracted due-process due
1566 process services appropriation categories which can be
1567 transferred to the office that is experiencing the deficit. If
1568 other offices indicate that surplus funds are available within
1569 the same appropriation category, the Justice Administrative
1570 Commission shall adjust the initial allocation of funds among
1571 circuits provided that such adjustment is not in conflict with
1572 specific direction provided in the General Appropriations Act
1573 and shall provide notice to the Governor and the chair and vice
1574 chair of the Legislative Budget Commission at least 14 days
1575 prior to making the adjustment. If funds are available from a
1576 different appropriation category, the Justice Administrative
1577 Commission shall request a budget amendment pursuant to all
1578 applicable provisions of chapter 216 request a budget amendment
1579 to transfer funds from the office or offices to alleviate the
1580 deficit upon agreement of the contributing office or offices.
1581      (c)  If no office indicates that surplus funds are
1582 available to alleviate the deficit, the Justice Administrative
1583 Commission may request a budget amendment to transfer funds from
1584 the contingency fund. Such transfers shall be in accordance with
1585 all applicable provisions of chapter 216 and shall be subject to
1586 review and approval by the Legislative Budget Commission. The
1587 Justice Administrative Commission shall submit the documentation
1588 provided by the office explaining the circumstances that led to
1589 the deficit and the steps taken by the office and the Justice
1590 Administrative Commission to identify surplus funds to the
1591 Legislative Budget Commission.
1592      Section 19.  Section 29.018, Florida Statutes, is amended
1593 to read:
1594      29.018  Cost sharing of due-process services due process
1595 costs; legislative intent.--It is the intent of the Legislature
1596 to provide state-funded due-process due process services to the
1597 state courts system, state attorneys, public defenders, and
1598 court-appointed counsel in the most cost-effective and efficient
1599 manner. The state courts system, state attorneys, public
1600 defenders, and the Justice Administrative Commission on behalf
1601 of court-appointed counsel may enter into contractual agreements
1602 to share, on a pro rata basis, the costs associated with court
1603 reporting services, court interpreter and translation services,
1604 court experts, and all other due-process due process services
1605 funded by the state pursuant to this chapter. These costs shall
1606 be budgeted within the funds appropriated to each of the
1607 affected users of services.
1608      Section 20.  Section 29.0185, Florida Statutes, is created
1609 to read:
1610      29.0185  Provision of state-funded due-process services to
1611 individuals.--Due-process services may not be provided with
1612 state revenues to an individual unless the individual on whose
1613 behalf the due-process services are being provided is eligible
1614 for court-appointed counsel under s. 27.40, based upon a
1615 determination of indigency under s. 27.52, regardless of whether
1616 such counsel is appointed or the individual on whose behalf the
1617 due process services are being provided is eligible for court-
1618 appointed counsel under s. 27.40 and has been determined
1619 indigent for costs pursuant to s. 27.52.
1620      Section 21.  Subsection (1) of section 34.045, Florida
1621 Statutes, is amended to read:
1622      34.045  Cost recovery; use of the county court for
1623 ordinance or special law violations.--
1624      (1)(a)  In lieu of payment of a filing fee under s. 34.041,
1625 a filing fee of $10 shall be paid by a county or municipality
1626 when filing a violation of a county or municipal ordinance or a
1627 violation of a special law in county court. This fee shall be
1628 paid to the clerk of the court for performing court-related
1629 functions. A county or municipality is not required to pay more
1630 than one filing fee for a single filing against a single
1631 defendant that contains multiple alleged violations. A filing
1632 fee, other than that imposed under this section, may not be
1633 assessed for initiating an enforcement proceeding in county
1634 court for a violation of a county or municipal code or ordinance
1635 or a violation of a special law. The filing fee shall not apply
1636 to instances in which a county or municipality has contracted
1637 with the state, or has been delegated by the state,
1638 responsibility for enforcing state operations, policies, or
1639 requirements under s. 125.69, s. 166.0415, or chapter 162.
1640      (b)  No other filing fee may be assessed for filing the
1641 violation in county court. If a person contests the violation in
1642 court, the court shall assess $40 in costs against the
1643 nonprevailing party. The county or municipality shall be
1644 considered the prevailing party when there is a plea or finding
1645 of violation or guilt to any count or lesser included offense of
1646 the charge or companion case charges, regardless of
1647 adjudication. Costs Cost recovered pursuant to this paragraph
1648 shall be deposited into the clerk's fine and forfeiture fund
1649 established pursuant to s. 142.01.
1650      (c)  If the person does not contest the violation in court
1651 or if the county or municipality is the prevailing party, the
1652 court shall assess the person or nonprevailing party $10 for the
1653 filing fee provided in paragraph (a), which amount shall be
1654 forwarded to the county or municipality.
1655      Section 22.  Section 34.191, Florida Statutes, is amended
1656 to read:
1657      34.191  Fines and forfeitures; dispositions.--
1658      (1)  All fines and forfeitures arising from offenses tried
1659 in the county court shall be collected and accounted for by the
1660 clerk of the court and, other than the charge provided in s.
1661 318.1215, disbursed in accordance with ss. 28.2402, 34.045,
1662 142.01, and 142.03 142.13 and subject to the provisions of s.
1663 28.246(5) and (6). Notwithstanding the provisions of this
1664 section, all fines and forfeitures arising from operation of the
1665 provisions of s. 318.1215 shall be disbursed in accordance with
1666 that section.
1667      (2)  All fines and forfeitures received from violations of
1668 municipal ordinances committed within a municipality within the
1669 territorial jurisdiction of the county court, other than the
1670 charge provided in s. 318.1215, shall be paid monthly to the
1671 municipality except as provided in s. 28.2402(2), s. 34.045(2),
1672 s. 318.21, or s. 943.25. A municipality does not include the
1673 unincorporated areas, if any, of a government created pursuant
1674 to s. 6(e), Art. VIII of the State Constitution.
1675      (3)  All other fines and forfeitures collected by the
1676 clerk, other than the charge provided in s. 318.1215, shall be
1677 considered income of the office of the clerk for use in
1678 performing court-related duties of the office.
1679      Section 23.  Subsection (3) of section 39.0132, Florida
1680 Statutes, is amended to read:
1681      39.0132  Oaths, records, and confidential information.--
1682      (3)  The clerk shall keep all court records required by
1683 this chapter separate from other records of the circuit court.
1684 All court records required by this chapter shall not be open to
1685 inspection by the public. All records shall be inspected only
1686 upon order of the court by persons deemed by the court to have a
1687 proper interest therein, except that, subject to the provisions
1688 of s. 63.162, a child and the parents of the child and their
1689 attorneys, guardian ad litem, law enforcement agencies, and the
1690 department and its designees shall always have the right to
1691 inspect and copy any official record pertaining to the child.
1692 The Justice Administrative Commission may inspect court dockets
1693 required by this chapter as necessary to audit compensation of
1694 court-appointed attorneys. If the docket is insufficient for
1695 purposes of the audit, the commission may petition the court for
1696 additional documentation as necessary and appropriate. The court
1697 may permit authorized representatives of recognized
1698 organizations compiling statistics for proper purposes to
1699 inspect and make abstracts from official records, under whatever
1700 conditions upon their use and disposition the court may deem
1701 proper, and may punish by contempt proceedings any violation of
1702 those conditions.
1703      Section 24.  Subsection (1) of section 39.821, Florida
1704 Statutes, is amended to read:
1705      39.821  Qualifications of guardians ad litem.--
1706      (1)  Because of the special trust or responsibility placed
1707 in a guardian ad litem, the Guardian Ad Litem Program may use
1708 any private funds collected by the program, or any state funds
1709 so designated, to conduct a security background investigation
1710 before certifying a volunteer to serve. A security background
1711 investigation must include, but need not be limited to,
1712 employment history checks, checks of references, local criminal
1713 records checks through local law enforcement agencies, and
1714 statewide criminal records checks through the Department of Law
1715 Enforcement. Upon request, an employer shall furnish a copy of
1716 the personnel record for the employee or former employee who is
1717 the subject of a security background investigation conducted
1718 under this section. The information contained in the personnel
1719 record may include, but need not be limited to, disciplinary
1720 matters and the reason why the employee was terminated from
1721 employment. An employer who releases a personnel record for
1722 purposes of a security background investigation is presumed to
1723 have acted in good faith and is not liable for information
1724 contained in the record without a showing that the employer
1725 maliciously falsified the record. A security background
1726 investigation conducted under this section must ensure that a
1727 person is not certified as a guardian ad litem if the person has
1728 been convicted of, regardless of adjudication, or entered a plea
1729 of nolo contendere or guilty to, any offense prohibited under
1730 the provisions of the Florida Statutes specified in s. 435.04(2)
1731 or under any similar law in another jurisdiction. Before
1732 certifying an applicant to serve as a guardian ad litem, the
1733 Guardian Ad Litem Program chief judge of the circuit court may
1734 request a federal criminal records check of the applicant
1735 through the Federal Bureau of Investigation. In analyzing and
1736 evaluating the information obtained in the security background
1737 investigation, the program must give particular emphasis to past
1738 activities involving children, including, but not limited to,
1739 child-related criminal offenses or child abuse. The program has
1740 the sole discretion in determining whether to certify a person
1741 based on his or her security background investigation. The
1742 information collected pursuant to the security background
1743 investigation is confidential and exempt from s. 119.07(1).
1744      Section 25.  Section 39.822, Florida Statutes, is amended
1745 to read:
1746      39.822  Appointment of guardian ad litem for abused,
1747 abandoned, or neglected child.--
1748      (1)  A guardian ad litem shall be appointed by the court at
1749 the earliest possible time to represent the child in any child
1750 abuse, abandonment, or neglect judicial proceeding, whether
1751 civil or criminal. Any person participating in a civil or
1752 criminal judicial proceeding resulting from such appointment
1753 shall be presumed prima facie to be acting in good faith and in
1754 so doing shall be immune from any liability, civil or criminal,
1755 that otherwise might be incurred or imposed.
1756      (2)  In those cases in which the parents are financially
1757 able, the parent or parents of the child shall reimburse the
1758 court, in part or in whole, for the cost of provision of
1759 guardian ad litem services. Reimbursement to the individual
1760 providing guardian ad litem services shall not be contingent
1761 upon successful collection by the court from the parent or
1762 parents.
1763      (3)  Upon presentation by a guardian ad litem of a court
1764 order appointing the guardian ad litem:
1765      (a)  An agency, as defined in chapter 119, shall allow the
1766 guardian ad litem to inspect and copy records related to the
1767 best interests of the child who is the subject of the
1768 appointment, including, but not limited to, records made
1769 confidential or exempt from s. 119.07(1) or s. 24(a), Art. I of
1770 the State Constitution. The guardian ad litem shall maintain the
1771 confidential or exempt status of any records shared by an agency
1772 under this paragraph.
1773      (b)  A person or organization, other than an agency under
1774 paragraph (a), shall allow the guardian ad litem to inspect and
1775 copy any records related to the best interests of the child who
1776 is the subject of the appointment, including, but not limited
1777 to, confidential records.
1778
1779 For the purposes of this subsection, the term "records related
1780 to the best interests of the child" includes, but is not limited
1781 to, medical, mental health, substance abuse, child care,
1782 education, law enforcement, court, social services, and
1783 financial records.
1784      (4)(3)  The guardian ad litem or the program representative
1785 shall review all disposition recommendations and changes in
1786 placements, and must be present at all critical stages of the
1787 dependency proceeding or submit a written report of
1788 recommendations to the court. Written reports must be filed with
1789 the court and served on all parties whose whereabouts are known
1790 at least 72 hours prior to the hearing.
1791      Section 26.  Subsection (1) of section 40.29, Florida
1792 Statutes, is amended to read:
1793      40.29  Payment of due-process due process costs.--
1794      (1)(a)  Each clerk of the circuit court, on behalf of the
1795 courts, the state attorney, court-appointed counsel, and the
1796 public defender, shall forward to the Justice Administrative
1797 Commission, by county, a quarterly estimate of funds necessary
1798 to pay for ordinary witnesses, including, but not limited to,
1799 witnesses in civil traffic cases and witnesses of the state
1800 attorney, public defender, court-appointed counsel, and persons
1801 determined to be indigent for costs except expert witnesses paid
1802 pursuant to a contract or other professional services agreement,
1803 pursuant to ss. 29.005 and 29.006. Each quarter of the state
1804 fiscal year, the commission, based upon the estimates, shall
1805 advance funds to each clerk to pay for these ordinary witnesses
1806 from state funds specifically appropriated for the payment of
1807 ordinary witnesses.
1808      (b)  Each clerk of the circuit court shall forward to the
1809 Office of the State Courts Administrator, by county, a quarterly
1810 estimate of funds necessary to pay juror compensation.
1811      Section 27.  Section 40.355, Florida Statutes, is created
1812 to read:
1813      40.355  Accounting and payment to public defenders and
1814 state attorneys.--The clerk of the court shall, within 2 weeks
1815 after the last day of the state's fiscal year, render to the
1816 state attorney and the public defender in each circuit a full
1817 statement of accounts for moneys received and disbursed under
1818 this chapter and, upon request of the state attorney or public
1819 defender, shall refund to the state attorney or public defender
1820 any balance.
1821      Section 28.  Subsections (5) and (6) of  section 43.16,
1822 Florida Statutes, are amended, and subsection (7) is added to
1823 said section, to read:
1824      43.16  Justice Administrative Commission; membership,
1825 powers and duties.--
1826      (5)  The duties of the commission shall include, but not be
1827 limited to, the following:
1828      (a)  The maintenance of a central state office for
1829 administrative services and assistance when possible to and on
1830 behalf of the state attorneys and public defenders of Florida,
1831 the office of capital collateral representative of Florida, and
1832 the Guardian Ad Litem Program Judicial Qualifications
1833 Commission.
1834      (b)  Each state attorney and public defender and the
1835 Guardian Ad Litem Program Judicial Qualifications Commission
1836 shall continue to prepare necessary budgets, vouchers which
1837 represent valid claims for reimbursement by the state for
1838 authorized expenses, and other things incidental to the proper
1839 administrative operation of the office, such as revenue
1840 transmittals to the Chief Financial Officer and automated
1841 systems plans, but will forward same to the commission for
1842 recording and submission to the proper state officer. However,
1843 when requested by a state attorney or a public defender or the
1844 Guardian Ad Litem Program Judicial Qualifications Commission,
1845 the commission will either assist in the preparation of budget
1846 requests, voucher schedules, and other forms and reports or
1847 accomplish the entire project involved.
1848      (6)  The provisions contained in this section shall be
1849 supplemental to those of chapter 27, relating to state attorneys
1850 and public defenders; to those of chapter 39 s. 43.20, relating
1851 to the Guardian Ad Litem Program Judicial Qualifications
1852 Commission; or to other laws pertaining hereto.
1853      (7)  Chapter 120 does not apply to the Justice
1854 Administrative Commission.
1855      Section 29.  Subsection (6) is added to section 43.26,
1856 Florida Statutes, to read:
1857      43.26  Chief judge of circuit; selection; powers.--
1858      (6)  The chief judge of each circuit is charged by s. 2(d),
1859 Article V of the Florida Constitution and this section with the
1860 authority to promote the prompt and efficient administration of
1861 justice in the courts over which he or she is chief judge. The
1862 clerks of court provide court-related functions which are
1863 essential to the orderly administration of the judicial branch.
1864 The chief judge of each circuit shall consult with each clerk of
1865 court to determine the priority of services provided by the
1866 clerk of court to the trial court pursuant to s. 28.35(4)(a).
1867      Section 30.  Paragraph (b) of subsection (4) of section
1868 44.102, Florida Statutes, is amended to read:
1869      44.102  Court-ordered mediation.--
1870      (4)  The chief judge of each judicial circuit shall
1871 maintain a list of mediators who have been certified by the
1872 Supreme Court and who have registered for appointment in that
1873 circuit.
1874      (b)  Nonvolunteer mediators shall be compensated according
1875 to rules adopted by the Supreme Court. If a mediation program is
1876 funded pursuant to s. 44.108, a mediator may be compensated by
1877 the county or by the parties. When a party has been declared
1878 indigent or insolvent, that party's pro rata share of a
1879 mediator's compensation shall be paid by the county at the rate
1880 set by administrative order of the chief judge of the circuit.
1881      Section 31.  Section 44.108, Florida Statutes, is amended
1882 to read:
1883      44.108  Funding of mediation and arbitration.--
1884      (1)  Mediation and arbitration should be accessible to all
1885 parties regardless of financial status. A filing fee of $1 is
1886 levied on all proceedings in the circuit or county courts to
1887 fund mediation and arbitration services which are the
1888 responsibility of the Supreme Court pursuant to the provisions
1889 of s. 44.106. The clerk of the court shall forward the moneys
1890 collected to the Department of Revenue for deposit in the state
1891 courts' Mediation and Arbitration Trust Fund.
1892      (2)  When court-ordered mediation services are provided by
1893 a circuit court's mediation program, the following fees, unless
1894 otherwise established in the General Appropriations Act, shall
1895 be collected by the clerk of court:
1896      (a)  Eighty dollars per person per scheduled session in
1897 family mediation when the parties' combined income is greater
1898 than $50,000, but less than $100,000 per year;
1899      (b)  Forty dollars per person per scheduled session in
1900 family mediation when the parties' combined income is less than
1901 $50,000; or
1902      (c)  Forty dollars per person per scheduled session in
1903 county court cases.
1904
1905 No mediation fees shall be assessed under this subsection in
1906 residential eviction cases, against a party found to be
1907 indigent, or for any small claims action. Fees collected by the
1908 clerk of court pursuant to this section shall be remitted to the
1909 Department of Revenue for deposit into the state courts'
1910 Mediation and Arbitration Trust Fund to fund court-ordered
1911 mediation. The clerk of court may deduct $1 per fee assessment
1912 for processing this fee. The clerk of the court shall submit to
1913 the chief judge of the circuit, no later than 30 days after the
1914 end of each quarter, a report specifying the amount of funds
1915 collected under this section during each quarter of the fiscal
1916 year.
1917      Section 32.  Subsection (1) of section 57.081, Florida
1918 Statutes, is amended to read:
1919      57.081  Costs; right to proceed where prepayment of costs
1920 waived.--
1921      (1)  Any indigent person, except a prisoner as defined in
1922 s. 57.085, who is a party or intervenor in any judicial or
1923 administrative agency proceeding or who initiates such
1924 proceeding shall receive the services of the courts, sheriffs,
1925 and clerks, with respect to such proceedings, despite his or her
1926 present inability to pay for these services. Such services are
1927 limited to filing fees; service of process; certified copies of
1928 orders or final judgments; a single photocopy of any court
1929 pleading, record, or instrument filed with the clerk; examining
1930 fees; mediation services and fees; private court-appointed
1931 counsel fees; subpoena fees and services; service charges for
1932 collecting and disbursing funds; and any other cost or service
1933 arising out of pending litigation. In any appeal from an
1934 administrative agency decision, for which the clerk is
1935 responsible for preparing the transcript, the clerk shall record
1936 the cost of preparing the transcripts and the cost for copies of
1937 any exhibits in the record. Prepayment of costs to any court,
1938 clerk, or sheriff is not required in any action if the party has
1939 obtained in each proceeding a certification of indigence in
1940 accordance with s. 27.52 or s. 57.082.
1941      Section 33.  Section 57.082, Florida Statutes, is created
1942 to read:
1943      57.082  Determination of civil indigent status.--
1944      (1)  APPLICATION TO THE CLERK.--A person seeking
1945 appointment of a private attorney in a civil case eligible for
1946 court-appointed counsel, or seeking relief from prepayment of
1947 fees and costs under s. 57.081, based upon an inability to pay
1948 must apply to the clerk of the court for a determination of
1949 civil indigent status using an application form developed by the
1950 Florida Clerks of Court Operations Corporation with final
1951 approval by the Supreme Court.
1952      (a)  The application must include, at a minimum, the
1953 following financial information:
1954      1.  Net income, consisting of total salary and wages, minus
1955 deductions required by law, including court-ordered support
1956 payments.
1957      2.  Other income, including, but not limited to, social
1958 security benefits, union funds, veterans' benefits, workers'
1959 compensation, other regular support from absent family members,
1960 public or private employee pensions, unemployment compensation,
1961 dividends, interest, rent, trusts, and gifts.
1962      3.  Assets, including, but not limited to, cash, savings
1963 accounts, bank accounts, stocks, bonds, certificates of deposit,
1964 equity in real estate, and equity in a boat or a motor vehicle
1965 or in other tangible property.
1966      4.  All liabilities and debts.
1967
1968 The application must include a signature by the applicant which
1969 attests to the truthfulness of the information provided. The
1970 application form developed by the corporation must include
1971 notice that the applicant may seek court review of a clerk's
1972 determination that the applicant is not indigent, as provided in
1973 this section.
1974      (b)  The clerk shall assist a person who appears before the
1975 clerk and requests assistance in completing the application and
1976 the clerk shall notify the court if a person is unable to
1977 complete the application after the clerk has provided
1978 assistance.
1979      (c)  The clerk shall accept an application that is signed
1980 by the applicant and submitted on his or her behalf by a private
1981 attorney who is representing the applicant in the applicable
1982 matter.
1983      (2)  DETERMINATION BY THE CLERK.--The clerk of the court
1984 shall determine whether an applicant seeking such designation is
1985 indigent based upon the information provided in the application
1986 and the criteria prescribed in this subsection.
1987      (a)1.  An applicant, including an applicant who is a minor
1988 or an adult tax-dependent person, is indigent if the applicant's
1989 income is equal to or below 200 percent of the then-current
1990 federal poverty guidelines prescribed for the size of the
1991 household of the applicant by the United States Department of
1992 Health and Human Services.
1993      2.  There is a presumption that the applicant is not
1994 indigent if the applicant owns, or has equity in, any intangible
1995 or tangible personal property or real property or the expectancy
1996 of an interest in any such property having a net equity value of
1997 $2,500 or more, excluding the value of the person's homestead
1998 and one vehicle having a net value not exceeding $5,000.
1999      (b)  Based upon its review, the clerk shall make one of the
2000 following determinations:
2001      1.  The applicant is not indigent.
2002      2.  The applicant is indigent.
2003      (c)  If the clerk determines that the applicant is
2004 indigent, the clerk shall immediately file the determination in
2005 the case record.
2006      (d)  The duty of the clerk in determining whether an
2007 applicant is indigent is limited to receiving the application
2008 and comparing the information provided in the application to the
2009 criteria prescribed in this subsection. The determination of
2010 indigent status is a ministerial act of the clerk and may not be
2011 based on further investigation or the exercise of independent
2012 judgment by the clerk. The clerk may contract with third parties
2013 to perform functions assigned to the clerk under this section.
2014      (e)  The applicant may seek review of the clerk's
2015 determination that the applicant is not indigent in the court
2016 having jurisdiction over the matter by filing a petition to
2017 review the clerk's determination of nonindigent status for which
2018 a filing fee may not be charged. If the applicant seeks review
2019 of the clerk's determination of indigent status, the court shall
2020 make a final determination as provided in subsection (4).
2021      (3)  APPOINTMENT OF COUNSEL ON AN INTERIM BASIS.--If the
2022 clerk of the court has not made a determination of indigent
2023 status at the time a person requests appointment of a private
2024 attorney in a civil case eligible for court-appointed counsel,
2025 the court shall make a preliminary determination of indigent
2026 status, pending further review by the clerk, and may, by court
2027 order, appoint private counsel on an interim basis.
2028      (4)  REVIEW OF THE CLERK'S DETERMINATION.--
2029      (a)  If the clerk of the court determines that the
2030 applicant is not indigent and the applicant seeks review of the
2031 clerk's determination, the court shall make a final
2032 determination of indigent status by reviewing the information
2033 provided in the application against the criteria prescribed in
2034 subsection (2) and by considering the following additional
2035 factors:
2036      1.  Whether paying for private counsel or other fees and
2037 costs creates a substantial hardship for the applicant or the
2038 applicant's family.
2039      2.  Whether the applicant is proceeding pro se or is
2040 represented by a private attorney for a fee or on a pro-bono
2041 basis.
2042      3.  When the applicant retained private counsel.
2043      4.  The amount of any attorney's fees and who is paying the
2044 fees.
2045      5.  Any other relevant financial circumstances of the
2046 applicant or the applicant's family.
2047      (b)  Based upon its review, the court shall make one of the
2048 following determinations and shall, if appropriate, appoint
2049 private counsel:
2050      1.  The applicant is not indigent.
2051      2.  The applicant is indigent.
2052      (5)  PROCESSING CHARGE; PAYMENT PLANS.--A person who the
2053 clerk or the court determines is indigent for civil proceedings
2054 under this section shall be enrolled in a payment plan under s.
2055 28.246 and shall be charged a one-time administrative processing
2056 charge under s. 28.24(26)(c). A monthly payment amount,
2057 calculated based upon all fees and all anticipated costs, is
2058 presumed to correspond to the person's ability to pay if it does
2059 not exceed 2 percent of the person's annual net income, as
2060 defined in subsection (1), divided by 12. The person may seek
2061 review of the clerk's decisions regarding a payment plan
2062 established under s. 28.246 in the court having jurisdiction
2063 over the matter. A case may not be impeded in any way, delayed
2064 in filing, or delayed in its progress, including the final
2065 hearing and order, due to nonpayment of any fees by an indigent
2066 person.
2067      (6)  FINANCIAL DISCREPANCIES; FRAUD; FALSE INFORMATION.--
2068      (a)  If the court learns of discrepancies between the
2069 application and the actual financial status of the person found
2070 to be indigent, the court shall determine whether the status and
2071 any relief provided as a result of that status shall be revoked.
2072 The person may be heard regarding the information learned by the
2073 court. If the court, based on the information, determines that
2074 the person is not indigent, the court shall revoke the provision
2075 of any relief under this section.
2076      (b)  If the court has reason to believe that any applicant,
2077 through fraud or misrepresentation, was improperly determined to
2078 be indigent, the matter shall be referred to the state attorney.
2079 Twenty-five percent of any amount recovered by the state
2080 attorney as reasonable value of the services rendered, including
2081 fees, charges, and costs paid by the state on the person's
2082 behalf, shall be remitted to the Department of Revenue for
2083 deposit into the Grants and Donations Trust Fund within the
2084 Justice Administrative Commission. Seventy-five percent of any
2085 amount recovered shall be remitted to the Department of Revenue
2086 for deposit into the General Revenue Fund.
2087      (c)  A person who knowingly provides false information to
2088 the clerk or the court in seeking a determination of indigent
2089 status under this section commits a misdemeanor of the first
2090 degree, punishable as provided in s. 775.082 or s. 775.083.
2091      Section 34.  Subsection (1) of section 92.142, Florida
2092 Statutes, is amended to read:
2093      92.142  Witnesses; pay.--
2094      (1)  Witnesses in all cases, civil and criminal, in all
2095 courts, now or hereafter created, and witnesses summoned before
2096 any arbitrator or general or special magistrate appointed by the
2097 court shall receive for each day's actual attendance $5 and also
2098 6 cents per mile for actual distance traveled to and from the
2099 courts. A witness in a criminal case required to appear in a
2100 county other than the county of his or her residence and
2101 residing more than 50 miles from the location of the trial shall
2102 be entitled to per diem and travel expenses at the same rate
2103 provided for state employees under s. 112.061, in lieu of any
2104 other witness fee at the discretion of the court.
2105      Section 35.  Effective July 1, 2006, subsections (2) and
2106 (3) of section 92.231, Florida Statutes, are amended to read:
2107      92.231  Expert witnesses; fee.--
2108      (2)  Any expert or skilled witness who shall have testified
2109 in any cause shall be allowed a witness fee including the cost
2110 of any exhibits used by such witness in an amount agreed to by
2111 the parties, and the same shall be taxed as costs. In instances
2112 where services are provided for the state, including for state-
2113 paid private court-appointed counsel, payment from state funds
2114 shall be in accordance with standards adopted by the Legislature
2115 after receiving recommendations from the Article V Indigent
2116 Services Advisory Board.
2117      (3)  In a criminal case in which the state or an indigent
2118 defendant requires the services of an expert witness whose
2119 opinion is relevant to the issues of the case, the expert
2120 witness shall be compensated in accordance with standards
2121 adopted by the Legislature after receiving recommendations from
2122 the Article V Indigent Services Advisory Board.
2123      Section 36.  Paragraph (y) is added to subsection (2) of
2124 section 110.205, Florida Statutes, to read:
2125      110.205  Career service; exemptions.--
2126      (2)  EXEMPT POSITIONS.--The exempt positions that are not
2127 covered by this part include the following:
2128      (y)  All officers and employees of the Justice
2129 Administrative Commission, Office of the State Attorney, Office
2130 of the Public Defender, regional offices of capital collateral
2131 counsel, and Statewide Guardian Ad Litem Office, including the
2132 circuit guardian ad litem programs.
2133      Section 37.  Subsection (1) of section 116.01, Florida
2134 Statutes, is amended to read:
2135      116.01  Payment of public funds into treasury.--
2136      (1)  Every state and county officer within this state
2137 authorized to collect funds due the state or county shall pay
2138 all sums officially received by the officer into the state or
2139 county treasury not later than 7 working days from the close of
2140 the week in which the officer received the funds. Funds received
2141 by the county officer on behalf of the state shall be deposited
2142 directly to the account of the State Treasury not later than 7
2143 working days from the close of the week in which the officer
2144 received the funds. The clerk of the court, when collecting
2145 funds as part of the clerk's court-related functions, must remit
2146 those funds as required under s. 28.245.
2147      Section 38.  Paragraph (gg) of subsection (6) of section
2148 119.07, Florida Statutes, is amended to read:
2149      119.07  Inspection and copying of records; photographing
2150 public records; fees; exemptions.--
2151      (6)
2152      (gg)1.  Until January 1, 2007 2006, if a social security
2153 number, made confidential and exempt pursuant to s. 119.0721,
2154 created pursuant to s. 1, ch. 2002-256, passed during the 2002
2155 regular legislative session, or a complete bank account, debit,
2156 charge, or credit card number made exempt pursuant to paragraph
2157 (dd), created pursuant to s. 1, ch. 2002-257, passed during the
2158 2002 regular legislative session, is or has been included in a
2159 court file, such number may be included as part of the court
2160 record available for public inspection and copying unless
2161 redaction is requested by the holder of such number, or by the
2162 holder's attorney or legal guardian, in a signed, legibly
2163 written request specifying the case name, case number, document
2164 heading, and page number. The request must be delivered by mail,
2165 facsimile, electronic transmission, or in person to the clerk of
2166 the circuit court. The clerk of the circuit court does not have
2167 a duty to inquire beyond the written request to verify the
2168 identity of a person requesting redaction. A fee may not be
2169 charged for the redaction of a social security number or a bank
2170 account, debit, charge, or credit card number pursuant to such
2171 request.
2172      2.  Any person who prepares or files a document to be
2173 recorded in the official records by the county recorder as
2174 provided in chapter 28 may not include a person's social
2175 security number or complete bank account, debit, charge, or
2176 credit card number in that document unless otherwise expressly
2177 required by law. Until January 1, 2007 2006, if a social
2178 security number or a complete bank account, debit, charge or
2179 credit card number is or has been included in a document
2180 presented to the county recorder for recording in the official
2181 records of the county, such number may be made available as part
2182 of the official record available for public inspection and
2183 copying. Any person, or his or her attorney or legal guardian,
2184 may request that a county recorder remove from an image or copy
2185 of an official record placed on a county recorder's publicly
2186 available Internet website, or a publicly available Internet
2187 website used by a county recorder to display public records
2188 outside the office or otherwise made electronically available
2189 outside the county recorder's office to the general public, his
2190 or her social security number or complete account, debit,
2191 charge, or credit card number contained in that official record.
2192 Such request must be legibly written, signed by the requester,
2193 and delivered by mail, facsimile, electronic transmission, or in
2194 person to the county recorder. The request must specify the
2195 identification page number of the document that contains the
2196 number to be redacted. The county recorder does not have a duty
2197 to inquire beyond the written request to verify the identity of
2198 a person requesting redaction. A fee may not be charged for
2199 redacting such numbers.
2200      3.  Upon the effective date of this act, subsections (3)
2201 and (4) of s. 119.0721, do not apply to the clerks of the court
2202 or the county recorder with respect to circuit court records and
2203 official records.
2204      4.  On January 1, 2007 2006, and thereafter, the clerk of
2205 the circuit court and the county recorder must keep complete
2206 bank account, debit, charge, and credit card numbers exempt as
2207 provided for in paragraph (dd), and must keep social security
2208 numbers confidential and exempt as provided for in s. 119.0721,
2209 without any person having to request redaction.
2210      Section 39.  Subsection (4) of section 142.01, Florida
2211 Statutes, is amended to read:
2212      142.01  Fine and forfeiture fund; clerk of the circuit
2213 court.--There shall be established by the clerk of the circuit
2214 court in each county of this state a separate fund to be known
2215 as the fine and forfeiture fund for use by the clerk of the
2216 circuit court in performing court-related functions. The fund
2217 shall consist of the following:
2218      (4)  Proceeds from forfeited bail bonds, unclaimed bonds,
2219 unclaimed moneys, or recognizances pursuant to ss. 321.05(4)(a),
2220 372.72(1), and 903.26(3)(a).
2221
2222 Notwithstanding the provisions of this section, all fines and
2223 forfeitures arising from operation of the provisions of s.
2224 318.1215 shall be disbursed in accordance with that section.
2225      Section 40.  Subsection (5) is added to section 213.13,
2226 Florida Statutes, to read:
2227      213.13  Electronic remittance and distribution of funds
2228 collected by clerks of the court.--
2229      (5)  All court-related collections, including fees, fines,
2230 reimbursements, court costs, and other court-related funds that
2231 the clerks must remit to the state pursuant to law, must be
2232 transmitted electronically by the 20th day of the month
2233 immediately following the month in which the funds are
2234 collected.
2235      Section 41.  Section 219.07, Florida Statutes, is amended
2236 to read:
2237      219.07  Disbursements.--Each officer shall, not later than
2238 7 working days from the close of the week in which the officer
2239 received the funds, distribute the money which is required to be
2240 paid to other officers, agencies, funds, or persons entitled to
2241 receive the same; provided, that distributions or partial
2242 distributions may be made more frequently; and provided further,
2243 that money required by law or court order, or by the purpose for
2244 which it was collected, to be held and disbursed for a
2245 particular purpose in a manner different from that set out
2246 herein shall be held and disbursed accordingly. Further, money
2247 collected by the county officer on behalf of the state, except
2248 for money collected by the clerk of the court as part of court-
2249 related functions, shall be deposited directly to the account of
2250 the State Treasury not later than 7 working days from the close
2251 of the week in which the officer received the funds. The clerk
2252 of the court, when collecting money as part of the clerk's
2253 court-related functions, must remit that money as required under
2254 s. 28.245.
2255      Section 42.  Subsection (1) of section 219.075, Florida
2256 Statutes, is amended to read:
2257      219.075  Investment of surplus funds by county officers.--
2258      (1)(a)  Except when another procedure is prescribed by law
2259 or by ordinance as to particular funds, a tax collector or any
2260 other county officer having, receiving, or collecting any money,
2261 either for his or her office or on behalf of and subject to
2262 subsequent distribution to another officer of state or local
2263 government, while such money is in excess of that required to
2264 meet current expenses or is pending distribution, shall invest
2265 such money, without limitation, as provided in s. 218.415.
2266      (b)  These investments shall be planned so as not to slow
2267 the normal distribution of the subject funds. The investment
2268 earnings shall be reasonably apportioned and allocated and shall
2269 be credited to the account of, and paid to, the office or
2270 distributee, together with the principal on which such earnings
2271 accrued.
2272      (c)  This section does not apply to the clerk of the
2273 circuit court with respect to money collected as part of the
2274 clerk's court-related functions. The clerk, however, shall remit
2275 this money as provided under s. 28.245.
2276      Section 43.  Section 318.121, Florida Statutes, is amended
2277 to read:
2278      318.121  Preemption of additional fees, fines, surcharges,
2279 and costs.--Notwithstanding any general or special law, or
2280 municipal or county ordinance, additional fees, fines,
2281 surcharges, or costs other than the court costs and surcharges
2282 assessed under s. 318.18(11) and (13) may not be added to the
2283 civil traffic penalties assessed in this chapter.
2284      Section 44.  Subsection (13) of section 318.18, Florida
2285 Statutes, is amended to read:
2286      318.18  Amount of civil penalties.--The penalties required
2287 for a noncriminal disposition pursuant to s. 318.14 are as
2288 follows:
2289      (13)  In addition to any penalties imposed for noncriminal
2290 traffic infractions pursuant to this chapter or imposed for
2291 criminal violations listed in s. 318.17, a board of county
2292 commissioners or any unit of local government which is
2293 consolidated as provided by s. 9, Art. VIII of the State
2294 Constitution of 1885, as preserved by s. 6(e), Art. VIII of the
2295 Constitution of 1968:
2296      (a)  May impose by ordinance a surcharge of up to $15 for
2297 any infraction or violation to fund state court facilities. The
2298 court shall not waive this surcharge. Up to 25 percent of the
2299 revenue from such surcharge may be used to support local law
2300 libraries provided that the county or unit of local government
2301 provides a level of service equal to that provided prior to July
2302 1, 2004, which shall include the continuation of library
2303 facilities located in or near the county courthouse or annexes.
2304      (b)  That imposed increased fees or service charges by
2305 ordinance under s. 28.2401, s. 28.241, or s. 34.041 for the
2306 purpose of securing payment of the principal and interest on
2307 bonds issued by the county before July 1, 2003, to finance state
2308 court facilities, may impose by ordinance a surcharge for any
2309 infraction or violation for the exclusive purpose of securing
2310 payment of the principal and interest on bonds issued by the
2311 county before July 1, 2003, to fund state court facilities until
2312 the date of stated maturity. The court shall not waive this
2313 surcharge. Such surcharge may not exceed an amount per violation
2314 calculated as the quotient of the maximum annual payment of the
2315 principal and interest on the bonds as of July 1, 2003, divided
2316 by the number of traffic citations for county fiscal year 2002-
2317 2003 certified as paid by the clerk of the court of the county.
2318 Such quotient shall be rounded up to the next highest dollar
2319 amount. The bonds may be refunded only if savings will be
2320 realized on payments of debt service and the refunding bonds are
2321 scheduled to mature on the same date or before the bonds being
2322 refunded.
2323
2324 A county may not impose both of the surcharges authorized under
2325 paragraphs (a) and (b) concurrently. The clerk of court shall
2326 report, no later than 30 days after the end of the quarter, the
2327 amount of funds collected under this subsection during each
2328 quarter of the fiscal year. The clerk shall submit the report,
2329 in a format developed by the Office of State Courts
2330 Administrator, to the chief judge of the circuit, the Governor,
2331 the President of the Senate, and the Speaker of the House of
2332 Representatives.
2333      Section 45.  Paragraph (g) of subsection (2) of section
2334 318.21, Florida Statutes, is amended to read:
2335      318.21  Disposition of civil penalties by county
2336 courts.--All civil penalties received by a county court pursuant
2337 to the provisions of this chapter shall be distributed and paid
2338 monthly as follows:
2339      (2)  Of the remainder:
2340      (g)1.  If the violation occurred within a special
2341 improvement district of the Seminole Indian Tribe or Miccosukee
2342 Indian Tribe, 56.4 percent shall be paid to that special
2343 improvement district.
2344      2.  If the violation occurred within a municipality, 50.8
2345 percent shall be paid to that municipality and 5.6 percent shall
2346 be deposited into the fine and forfeiture trust fund established
2347 pursuant to s. 142.01.
2348      3.  If the violation occurred within the unincorporated
2349 area of a county, including the unincorporated areas, if any, of
2350 a government created pursuant to s. 6(e), Article VIII of the
2351 State Constitution, that is not within a special improvement
2352 district of the Seminole Indian Tribe or Miccosukee Indian
2353 Tribe, 56.4 percent shall be deposited into the fine and
2354 forfeiture fund established pursuant to s. 142.01.
2355      Section 46.  Section 318.31, Florida Statutes, is amended
2356 to read:
2357      318.31  Objectives.--The Supreme Court is hereby requested
2358 to adopt rules and procedures for the establishment and
2359 operation of Civil Traffic Infraction Hearing Officer Programs
2360 under ss. 318.30-318.38. However, the appointment of a hearing
2361 officer shall be at the option of the county electing to
2362 establish such a program, upon recommendation by the county
2363 court judge or judges, as the case may be, and the Chief Judge
2364 of the Circuit and approval by the Chief Justice of the Supreme
2365 Court.
2366      Section 47.  Section 318.325, Florida Statutes, is amended
2367 to read:
2368      318.325  Jurisdiction and procedure for parking
2369 infractions.--Any county or municipality may adopt an ordinance
2370 that allows the county or municipality to refer cases involving
2371 the violation of a county or municipal parking ordinance to a
2372 hearing officer funded by the county or municipality.
2373 Notwithstanding the provisions of ss. 318.14 and 775.08(3), any
2374 parking violation shall be deemed to be an infraction as defined
2375 in s. 318.13(3). However, the violation must be enforced and
2376 disposed of in accordance with the provisions of general law
2377 applicable to parking violations and with the charter or code of
2378 the county or municipality where the violation occurred. The
2379 clerk of the court or the designated traffic violations bureau
2380 must collect and distribute the fines, forfeitures, and court
2381 costs assessed under this section.
2382      Section 48.  Subsection (2) of section 322.29, Florida
2383 Statutes, is amended to read:
2384      322.29  Surrender and return of license.--
2385      (2)  The provisions of subsection (1) to the contrary
2386 notwithstanding, no examination is required for the return of a
2387 license suspended under s. 318.15 or s. 322.245 unless an
2388 examination is otherwise required by this chapter. Every person
2389 applying for the return of a license suspended under s. 318.15
2390 or s. 322.245 shall present to the department certification from
2391 the court that he or she has complied with all obligations and
2392 penalties imposed on him or her pursuant to s. 318.15 or, in the
2393 case of a suspension pursuant to s. 322.245, that he or she has
2394 complied with all directives of the court and the requirements
2395 of s. 322.245 and shall pay to the department a nonrefundable
2396 service fee of $47.50 $35, of which $37.50 $25 shall be
2397 deposited into the General Revenue Fund and $10 shall be
2398 deposited into the Highway Safety Operating Trust Fund. If
2399 reinstated by the clerk of the court or tax collector, $37.50
2400 $25 shall be retained and $10 shall be remitted to the
2401 Department of Revenue for deposit into the Highway Safety
2402 Operating Trust Fund. However, the service fee is not required
2403 if the person is required to pay a $35 fee or $60 fee under the
2404 provisions of s. 322.21.
2405      Section 49.  Subsection (1) of section 372.72, Florida
2406 Statutes, is amended to read:
2407      372.72  Disposition of fines, penalties, and forfeitures.--
2408      (1)  All moneys collected from fines, penalties, proceeds
2409 from unclaimed bonds, or forfeitures of bail of persons
2410 convicted under this chapter shall be deposited in the fine and
2411 forfeiture fund established pursuant to s. 142.01 where such
2412 convictions are had, except for the disposition of moneys as
2413 provided in subsection (2).
2414      Section 50.  Subsection (8) of section 903.26, Florida
2415 Statutes, is amended to read:
2416      903.26  Forfeiture of the bond; when and how directed;
2417 discharge; how and when made; effect of payment.--
2418      (8)  If the defendant is arrested and returned to the
2419 county of jurisdiction of the court prior to judgment, the
2420 clerk, upon affirmation by the sheriff or the chief correctional
2421 officer, shall, without further order of the court, discharge
2422 the forfeiture of the bond. However, if the surety agent fails
2423 to pay the costs and expenses incurred in returning the
2424 defendant to the county of jurisdiction, the clerk shall not
2425 discharge the forfeiture of the bond. If the surety agent and
2426 the sheriff state attorney fail to agree on the amount of said
2427 costs, then the court, after notice to the sheriff and the state
2428 attorney, shall determine the amount of the costs.
2429      Section 51.  Section 903.28, Florida Statutes, is amended
2430 to read:
2431      903.28  Remission of forfeiture; conditions.--
2432      (1)  On application within 2 years from forfeiture, the
2433 court shall order remission of the forfeiture if it determines
2434 that there was no breach of the bond.
2435      (2)  If the defendant surrenders or is apprehended within
2436 90 days after forfeiture, the court, on motion at a hearing upon
2437 notice having been given to the clerk of the circuit court
2438 county attorney and the state attorney as required in subsection
2439 (8), shall direct remission of up to, but not more than, 100
2440 percent of a forfeiture if the surety apprehended and
2441 surrendered the defendant or if the apprehension or surrender of
2442 the defendant was substantially procured or caused by the
2443 surety, or the surety has substantially attempted to procure or
2444 cause the apprehension or surrender of the defendant, and the
2445 delay has not thwarted the proper prosecution of the defendant.
2446 In addition, remission shall be granted when the surety did not
2447 substantially participate or attempt to participate in the
2448 apprehension or surrender of the defendant when the costs of
2449 returning the defendant to the jurisdiction of the court have
2450 been deducted from the remission and when the delay has not
2451 thwarted the proper prosecution of the defendant.
2452      (3)  If the defendant surrenders or is apprehended within
2453 180 days after forfeiture, the court, on motion at a hearing
2454 upon notice having been given to the clerk of the circuit court
2455 county attorney and the state attorney as required in subsection
2456 (8), shall direct remission of up to, but not more than, 95
2457 percent of a forfeiture if the surety apprehended and
2458 surrendered the defendant or if the apprehension or surrender of
2459 the defendant was substantially procured or caused by the
2460 surety, or the surety has substantially attempted to procure or
2461 cause the apprehension or surrender of the defendant, and the
2462 delay has not thwarted the proper prosecution of the defendant.
2463 In addition, remission shall be granted when the surety did not
2464 substantially participate or attempt to participate in the
2465 apprehension or surrender of the defendant when the costs of
2466 returning the defendant to the jurisdiction of the court have
2467 been deducted from the remission and when the delay has not
2468 thwarted the proper prosecution of the defendant.
2469      (4)  If the defendant surrenders or is apprehended within
2470 270 days after forfeiture, the court, on motion at a hearing
2471 upon notice having been given to the clerk of the circuit court
2472 county attorney and the state attorney as required in subsection
2473 (8), shall direct remission of up to, but not more than, 90
2474 percent of a forfeiture if the surety apprehended and
2475 surrendered the defendant or if the apprehension or surrender of
2476 the defendant was substantially procured or caused by the
2477 surety, or the surety has substantially attempted to procure or
2478 cause the apprehension or surrender of the defendant, and the
2479 delay has not thwarted the proper prosecution of the defendant.
2480 In addition, remission shall be granted when the surety did not
2481 substantially participate or attempt to participate in the
2482 apprehension or surrender of the defendant when the costs of
2483 returning the defendant to the jurisdiction of the court have
2484 been deducted from the remission and when the delay has not
2485 thwarted the proper prosecution of the defendant.
2486      (5)  If the defendant surrenders or is apprehended within 1
2487 year after forfeiture, the court, on motion at a hearing upon
2488 notice having been given to the clerk of the circuit court
2489 county attorney and the state attorney as required in subsection
2490 (8), shall direct remission of up to, but not more than, 85
2491 percent of a forfeiture if the surety apprehended and
2492 surrendered the defendant or if the apprehension or surrender of
2493 the defendant was substantially procured or caused by the
2494 surety, or the surety has substantially attempted to procure or
2495 cause the apprehension or surrender of the defendant, and the
2496 delay has not thwarted the proper prosecution of the defendant.
2497 In addition, remission shall be granted when the surety did not
2498 substantially participate or attempt to participate in the
2499 apprehension or surrender of the defendant when the costs of
2500 returning the defendant to the jurisdiction of the court have
2501 been deducted from the remission and when the delay has not
2502 thwarted the proper prosecution of the defendant.
2503      (6)  If the defendant surrenders or is apprehended within 2
2504 years after forfeiture, the court, on motion at a hearing upon
2505 notice having been given to the clerk of the circuit court
2506 county attorney and the state attorney as required in subsection
2507 (8), shall direct remission of up to, but not more than, 50
2508 percent of a forfeiture if the surety apprehended and
2509 surrendered the defendant or if the apprehension or surrender of
2510 the defendant was substantially procured or caused by the
2511 surety, or the surety has substantially attempted to procure or
2512 cause the apprehension or surrender of the defendant, and the
2513 delay has not thwarted the proper prosecution of the defendant.
2514 In addition, remission shall be granted when the surety did not
2515 substantially participate or attempt to participate in the
2516 apprehension or surrender of the defendant when the costs of
2517 returning the defendant to the jurisdiction of the court have
2518 been deducted from the remission and when the delay has not
2519 thwarted the proper prosecution of the defendant.
2520      (7)  The remission of a forfeiture may not be ordered for
2521 any reason other than as specified herein.
2522      (8)  An application for remission must be accompanied by
2523 affidavits setting forth the facts on which it is founded;
2524 however, the surety must establish by further documentation or
2525 other evidence any claimed attempt at procuring or causing the
2526 apprehension or surrender of the defendant before the court may
2527 order remission based upon an attempt to procure or cause such
2528 apprehension or surrender. The clerk of the circuit court and
2529 the state attorney must be given 20 days' notice before a
2530 hearing on an application and be furnished copies of all papers,
2531 applications, and affidavits. Remission shall be granted on the
2532 condition of payment of costs, unless the ground for remission
2533 is that there was no breach of the bond.
2534      (9)  The clerk of the circuit court may enter into a
2535 contract with a private attorney or into an interagency
2536 agreement with a governmental agency to represent the clerk of
2537 the court in an action for the remission of a forfeiture under
2538 this section.
2539      (10)  The clerk of the circuit court is the real party in
2540 interest for all appeals arising from an action for the
2541 remission of a forfeiture under this section.
2542      (11)  Upon remission of bond pursuant to this section, the
2543 clerk of the circuit court shall withhold any unpaid fines,
2544 fees, service charges, and court costs imposed as a matter of
2545 law or ordered by the court.
2546      Section 52.  Section 916.115, Florida Statutes, is amended
2547 to read:
2548      916.115  Appointment of experts.--
2549      (1)(a)  Annually, the department shall provide the courts
2550 with a list of mental health professionals who have completed
2551 approved training as experts.
2552      (b)  The court may appoint no more than three nor fewer
2553 than two experts to determine issues of the mental condition of
2554 a defendant in a criminal case, including the issues of
2555 competency to proceed, insanity, and involuntary hospitalization
2556 or placement. An expert The panel of experts may evaluate the
2557 defendant in jail or in another appropriate local facility.
2558      (c)  To the extent possible, an the appointed expert
2559 experts shall have completed forensic evaluator training
2560 approved by the department and be either a psychiatrist,
2561 licensed psychologist, or physician.
2562      (2)  Expert witnesses appointed by the court to evaluate
2563 the mental condition of a defendant in a criminal case shall be
2564 allowed reasonable fees for services rendered as evaluators of
2565 competence or sanity and as witnesses, which shall be paid by
2566 the county in which the indictment was found or the information
2567 or affidavit was filed.
2568      (a)1.  The court shall pay for any expert that it appoints
2569 by court order, upon motion of counsel for the defendant or the
2570 state or upon its own motion. If the defense or the state
2571 retains an expert and waives the confidentiality of the expert's
2572 report, the court may pay for no more than two additional
2573 experts appointed by court order. If an expert appointed by the
2574 court upon motion of counsel for the defendant specifically to
2575 evaluate the competence of the defendant to proceed also
2576 addresses in his or her evaluation issues related to sanity as
2577 an affirmative defense, the court shall pay only for that
2578 portion of the experts' fees relating to the evaluation on
2579 competency to proceed and the balance of the fees shall be
2580 chargeable to the defense.
2581      2.  Pursuant to s. 29.006, the office of the public
2582 defender shall pay for any expert retained by the office.
2583      3.  Pursuant to s. 29.005, the office of the state attorney
2584 shall pay for any expert retained by the office. Notwithstanding
2585 subparagraph 1., the office of the state attorney shall pay for
2586 any expert whom the office retains and whom the office moves the
2587 court to appoint in order to ensure that the expert has access
2588 to the defendant.
2589      4.  An expert retained by the defendant who is represented
2590 by private counsel appointed under s. 27.5303 shall be paid by
2591 the Justice Administrative Commission.
2592      5.  An expert retained by a defendant who is indigent for
2593 costs as determined by the court and who is represented by
2594 private counsel, other than private counsel appointed under s.
2595 27.5303, on a fee or pro bono basis, or who is representing
2596 himself or herself, shall be paid by the Justice Administrative
2597 Commission from funds specifically appropriated for these
2598 expenses.
2599      (b)  State employees shall be paid expenses pursuant to s.
2600 112.061.
2601      (c)  The fees shall be taxed as costs in the case.
2602      (d)  In order for an expert the experts to be paid for the
2603 services rendered, the expert's report reports and testimony
2604 must explicitly address each of the factors and follow the
2605 procedures set out in this chapter and in the Florida Rules of
2606 Criminal Procedure.
2607      Section 53.  Subsections (2), (3), and (4) of section
2608 916.12, Florida Statutes, are amended to read:
2609      916.12  Mental competence to proceed.--
2610      (2)  An expert The experts shall first determine whether
2611 the person is mentally ill and, if so, consider the factors
2612 related to the issue of whether the defendant meets the criteria
2613 for competence to proceed; that is, whether the defendant has
2614 sufficient present ability to consult with counsel with a
2615 reasonable degree of rational understanding and whether the
2616 defendant has a rational, as well as factual, understanding of
2617 the pending proceedings. A defendant must be evaluated by no
2618 fewer than two experts before the court commits the defendant or
2619 takes other action authorized by this chapter or the Florida
2620 Rules of Criminal Procedure, except if one expert finds that the
2621 defendant is incompetent to proceed and the parties stipulate to
2622 that finding, the court may commit the defendant or take other
2623 action authorized by this chapter or the rules without further
2624 evaluation or hearing, or the court may appoint no more than two
2625 additional experts to evaluate the defendant. Notwithstanding
2626 any stipulation by the state and the defendant, the court may
2627 require a hearing with testimony from the expert or experts
2628 before ordering the commitment of a defendant.
2629      (3)  In considering the issue of competence to proceed, an
2630 the examining expert experts shall first consider and
2631 specifically include in his or her their report the defendant's
2632 capacity to:
2633      (a)  Appreciate the charges or allegations against the
2634 defendant;
2635      (b)  Appreciate the range and nature of possible penalties,
2636 if applicable, that may be imposed in the proceedings against
2637 the defendant;
2638      (c)  Understand the adversarial nature of the legal
2639 process;
2640      (d)  Disclose to counsel facts pertinent to the proceedings
2641 at issue;
2642      (e)  Manifest appropriate courtroom behavior; and
2643      (f)  Testify relevantly;
2644
2645 and include in his or her their report any other factor deemed
2646 relevant by the expert experts.
2647      (4)  If an expert finds the experts should find that the
2648 defendant is incompetent to proceed, the expert experts shall
2649 report on any recommended treatment for the defendant to attain
2650 competence to proceed. In considering the issues relating to
2651 treatment, the examining expert experts shall specifically
2652 report on:
2653      (a)  The mental illness causing the incompetence;
2654      (b)  The treatment or treatments appropriate for the mental
2655 illness of the defendant and an explanation of each of the
2656 possible treatment alternatives in order of choices;
2657      (c)  The availability of acceptable treatment and, if
2658 treatment is available in the community, the expert shall so
2659 state in the report; and
2660      (d)  The likelihood of the defendant's attaining competence
2661 under the treatment recommended, an assessment of the probable
2662 duration of the treatment required to restore competence, and
2663 the probability that the defendant will attain competence to
2664 proceed in the foreseeable future.
2665      Section 54.  Subsection (7) of section 916.301, Florida
2666 Statutes, is amended to read:
2667      916.301  Appointment of experts.--
2668      (7)  Expert witnesses appointed by the court to evaluate
2669 the mental condition of a defendant in a criminal case shall be
2670 allowed reasonable fees for services rendered as evaluators and
2671 as witnesses, which shall be paid by the court county in which
2672 the indictment was found or the information or affidavit was
2673 filed. State employees shall be paid expenses pursuant to s.
2674 112.061. The fees shall be taxed as costs in the case. In order
2675 for the experts to be paid for the services rendered, the
2676 reports and testimony must explicitly address each of the
2677 factors and follow the procedures set out in this chapter and in
2678 the Florida Rules of Criminal Procedure.
2679      Section 55.  Paragraph (b) of subsection (2) of section
2680 938.29, Florida Statutes, is amended to read:
2681      938.29  Legal assistance; lien for payment of attorney's
2682 fees or costs.--
2683      (2)
2684      (b)  A judgment showing the name and residence of the
2685 defendant-recipient or parent shall be recorded in the public
2686 record, without cost, by filed for record in the office of the
2687 clerk of the circuit court in the county where the defendant-
2688 recipient or parent resides and in each county in which such
2689 defendant-recipient or parent then owns or later acquires any
2690 property. Such judgments shall be enforced on behalf of the
2691 state by the clerk of the circuit court of the county in which
2692 assistance was rendered.
2693      Section 56.  Section 939.06, Florida Statutes, is amended
2694 to read:
2695      939.06  Acquitted defendant not liable for costs.--
2696      (1)  A No defendant in a criminal prosecution who is
2697 acquitted or discharged is not shall be liable for any costs or
2698 fees of the court or any ministerial office, or for any charge
2699 of subsistence while detained in custody. If the defendant has
2700 shall have paid any taxable costs, or fees required under s.
2701 27.52(1)(b), in the case, the clerk or judge shall give him or
2702 her a certificate of the payment of such costs, with the items
2703 thereof, which, when audited and approved according to law,
2704 shall be refunded to the defendant.
2705      (2)  To receive a refund under this section, a defendant
2706 must submit a request for the refund to the Justice
2707 Administrative Commission on a form and in a manner prescribed
2708 by the commission. The defendant must attach to the form an
2709 order from the court demonstrating the defendant's right to the
2710 refund and the amount of the refund.
2711      Section 57.  Subsection (2) of section 985.05, Florida
2712 Statutes, is amended to read:
2713      985.05  Court records.--
2714      (2)  The clerk shall keep all official records required by
2715 this section separate from other records of the circuit court,
2716 except those records pertaining to motor vehicle violations,
2717 which shall be forwarded to the Department of Highway Safety and
2718 Motor Vehicles. Except as provided in ss. 943.053 and 985.04(4),
2719 official records required by this part are not open to
2720 inspection by the public, but may be inspected only upon order
2721 of the court by persons deemed by the court to have a proper
2722 interest therein, except that a child and the parents,
2723 guardians, or legal custodians of the child and their attorneys,
2724 law enforcement agencies, the Department of Juvenile Justice and
2725 its designees, the Parole Commission, and the Department of
2726 Corrections, and the Justice Administrative Commission shall
2727 always have the right to inspect and copy any official record
2728 pertaining to the child. The court may permit authorized
2729 representatives of recognized organizations compiling statistics
2730 for proper purposes to inspect, and make abstracts from,
2731 official records under whatever conditions upon the use and
2732 disposition of such records the court may deem proper and may
2733 punish by contempt proceedings any violation of those
2734 conditions.
2735      Section 58.  Paragraph (c) of subsection (4) of section
2736 985.201, Florida Statutes, is amended to read:
2737      985.201  Jurisdiction.--
2738      (4)
2739      (c)  The court may retain jurisdiction over a child and the
2740 child's parent or legal guardian whom the court has ordered to
2741 pay restitution until the restitution order is satisfied or
2742 until the court orders otherwise. To retain jurisdiction, the
2743 court shall enter a restitution order, which is separate from
2744 any disposition or order of commitment, on or prior to the date
2745 that If the court retains such jurisdiction after the date upon
2746 which the court's jurisdiction would cease under this section,
2747 it shall do so solely for the purpose of enforcing the
2748 restitution order. The contents of the restitution order shall
2749 be limited to the child's name and address, the name and address
2750 of the parent or legal guardian, the name and address of the
2751 payee, the case number, the date and amount of restitution
2752 ordered, any amount of restitution paid, the amount of
2753 restitution due and owing, and a notation that costs, interest,
2754 penalties, and attorney's fees may also be due and owing. The
2755 terms of the restitution order are subject to the provisions of
2756 s. 775.089(5).
2757      Section 59.  Compensation to traffic court witnesses.--Any
2758 party who secures the attendance of a witness in traffic court
2759 shall bear all costs of calling the witness, including witness
2760 fees. If the witness is required to testify on behalf of the
2761 prosecution, the office of the state attorney of the respective
2762 judicial circuit shall pay the fees and costs of calling the
2763 witness.
2764      Section 60.  Recovery of expenditures for state-funded
2765 services.--The trial court administrator of each circuit shall
2766 recover expenditures for state-funded services when those
2767 services have been furnished to a user of the state court system
2768 who possesses the present ability to pay. The rate of
2769 compensation for such services shall be the actual cost of the
2770 services, including the cost of recovery. The trial court
2771 administrator shall deposit moneys recovered under this section
2772 in the Grants and Donations Trust Fund within the state court
2773 system. The trial court administrator shall recover the costs of
2774 court-reporter services and transcription; court-interpreter
2775 services, including translation; and any other service for which
2776 state funds were used to provide a product or service within the
2777 circuit. This section does not authorize cost recovery from
2778 entities described in ss. 29.005, 29.006, and 29.007, Florida
2779 Statutes.
2780      Section 61.  The amendments to ss. 34.191(2) and
2781 318.21(2)(g)3., Florida Statutes, as made by this act are
2782 intended to reiterate the original intent of the Legislature in
2783 enacting such provisions of law.
2784      Section 62.  (1)  Effective July 1, 2006, section 29.014,
2785 Florida Statutes, is repealed.
2786      (2)  Section 318.37, Florida Statutes, is repealed.
2787      Section 63.  Except as otherwise provided herein, this act
2788 shall take effect July 1, 2005.


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