October 22, 2020
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_h1935e1
HB 1935

1
A bill to be entitled
2An act relating to the state judicial system; amending s.
327.40, F.S., relating to circuit registries for court-
4appointed counsel; requiring that a list of attorneys
5compiled by the Eleventh Judicial Circuit provide certain
6information on assigned attorneys; requiring that an
7attorney enter into a contract to be included on the
8registry; revising requirements for private court-
9appointed counsel; specifying certain information to be
10contained in a report by the Eleventh Judicial Circuit;
11requiring the Justice Administrative Commission to approve
12uniform procedures and forms for use in billing for
13attorney's fees, costs, and related expenses; requiring
14that a withdrawal order be filed with the commission;
15revising fee payment provisions; providing that withdrawal
16from a case creates a rebuttable presumption of
17nonentitlement to the entire flat fee; amending s. 27.42,
18F.S.; requiring the circuit Article V indigent services
19committee to establish the compensation rates for court-
20appointed counsel or in cases of indigency; requiring each
21committee to establish a schedule of allowances for due-
22process expenses; authorizing alternate models for
23providing criminal and civil due-process representation;
24requiring the Justice Administrative Commission to track
25and issue a report containing certain information on
26court-appointed counsel in the Eleventh Judicial Circuit;
27amending s. 27.52, F.S., relating to the determination of
28indigent status; providing for application to the clerk of
29court for such a determination and appointment of a public
30defender; providing application requirements; requiring an
31application fee; providing for transfer and deposit of
32such fees into the Indigent Criminal Defense Trust Fund to
33be used for certain purposes; authorizing clerks of courts
34to retain a portion of the fees for certain purposes;
35prescribing duties of the clerk of court and the public
36defender relating to an application; prescribing
37application requirements and review criteria; providing
38for determinations by a clerk on the basis of an
39applicant's indigency; providing criteria; providing for
40appointment of counsel on an interim basis; providing for
41review by the court of a clerk's determination; providing
42criteria; authorizing the court to determine a person
43indigent for costs and eligible for payment of due-process
44expenses; providing criteria and requirements for such
45determination; requiring certain parents or legal
46guardians to furnish legal services and costs to certain
47persons relating to delinquency proceedings or criminal
48prosecutions; providing for imposition of a lien for
49certain liabilities and lien enforcement; providing for a
50reevaluation of indigent status and referral to the state
51attorney upon evidence of financial discrepancies or
52fraud; providing for recovery and disposition of certain
53amounts recovered; providing criminal penalties for the
54provision of false information; amending s. 27.5304, F.S.;
55requiring certain private court-appointed counsel to enter
56into a uniform contract with Justice Administrative
57Commission and use the commission's uniform procedures and
58form for certain billing purposes; authorizing the Justice
59Administrative Commission to pay attorney's fees without
60court approval under certain conditions; requiring the
61attorney to provide the commission with advance notice of
62a court hearing on payment of fees and costs; authorizing
63the commission to participate in such hearings using
64certain equipment; entitling private court-appointed
65counsel to compensation upon final disposition; providing
66exceptions; specifying intervals other than final
67disposition of a case at which private court-appointed
68counsel may request payment; clarifying a prohibition
69against allowing an attorney who is not on the registry to
70appear; restricting the reimbursement allowed for the
71preparation of invoices; requiring the Justice
72Administrative Commission to develop a schedule to provide
73partial payment for attorney fees under certain
74circumstances; amending s. 27.54, F.S.; requiring a county
75or municipality to pay certain costs for due-process
76services in local ordinance violation cases; prescribing
77assessment of fees to recover such costs; providing for
78determination and collection of such fees; amending s.
7928.24, F.S.; requiring the clerk of the court to charge
80for certain recording services and performing certain
81duties; requiring the clerk of the court to provide
82without charge copies to court-appointed counsel paid by
83the state; requiring clerks of the court to participate in
84the Comprehensive Case Information System by a certain
85date; providing an exception to the designation of the
86clerk of court as custodian of official records; amending
87s. 28.2402, F.S.; prohibiting a county or municipality
88from being required to pay more than one filing fee for a
89single filing containing multiple allegations; prohibiting
90a filing fee for initiating certain enforcement
91proceedings; excluding certain counties having a
92consolidated government from the term "municipality";
93amending s. 28.245, F.S.; requiring the clerks of the
94court to remit collections to the Department of Revenue
95within a specified period; amending s. 28.246, F.S.;
96conforming a reference to the Florida Clerks of Court
97Operations Corporation; revising provisions authorizing an
98individual to enter into a payment plan for the payment of
99fees, costs, or fines; requiring the clerk to enter into a
100payment plan with certain persons; providing payment plan
101criteria; providing for the court to review the payment
102plan; amending s. 28.345, F.S.; exempting certain court
103staff and court-appointed counsel from the payment of fees
104and charges assessed by the clerk of the circuit court;
105amending s. 28.36, F.S.; revising the date for the county
106clerk to submit a proposed budget; conforming a reference
107to the Florida Clerks of Court Operations Corporation;
108conforming a cross reference; conforming a reference to
109the Chief Financial Officer; providing conditions and
110requirements by which the corporation may approve
111adjustments to the clerk's maximum annual budget for
112court-related duties; amending s. 28.37, F.S.; expanding
113the types of excess funds that clerks of the court must
114remit to the Department of Revenue over the amount needed
115to meet approved budgets; creating s. 28.44, F.S.;
116providing a method by which the clerk of court may
117discontinue or substantially modify court-related
118functions; providing a definition; amending s. 29.004,
119F.S.; providing for state appropriations to be used for
120expert witnesses who are appointed by the court rather
121than requested by any party; amending s. 29.005, F.S.;
122deleting certain appointed mental health professionals
123from elements of state attorneys' offices provided from
124state revenues; amending s. 29.007, F.S.; providing for
125state funds to be used in providing mental health
126professionals in certain civil cases; clarifying the use
127of state funds at the trial or appellate level to pay
128certain costs on behalf of a litigant who is indigent;
129amending s. 29.008, F.S.; requiring that the county where
130the appellate district is located fund the appellate
131division of the public defender's office; expanding the
132definition of the term "facility" to include items
133necessary for court-reporting services; narrowing a
134limitation on the application of certain requirements to
135specified facilities; including hearing rooms within those
136facilities funded by the county as a court-related
137function; including audio equipment within county-funded
138communications services; creating s. 29.0081, F.S.;
139authorizing counties and judicial circuits to agree to the
140funding of personnel positions for the circuit; providing
141requirements for such agreements; providing for the effect
142and limitation of such agreements; amending s. 29.015,
143F.S.; requiring the Justice Administrative Commission to
144adjust certain allocations of funds among circuits under
145certain circumstances; requiring notice of such
146adjustment; requiring the commission to request a budget
147amendment under certain circumstances to address budget
148deficits relating to due-process services; amending s.
14929.018, F.S.; eliminating the authority for court-
150appointed counsel to contract to share in court and due-
151process services; providing that the Justice
152Administrative Commission may contract for such cost-
153sharing on behalf of court-appointed counsel; creating s.
15429.0185, F.S.; prohibiting the provision of due process
155services with state revenues to individuals under certain
156circumstances; amending s. 34.045, F.S.; proscribing a
157county or municipality from being required to pay more
158than one filing fee for a single filing containing
159multiple allegations; prohibiting assessment of a filing
160fee for initiating certain enforcement proceedings in
161county court; expanding conditions under which the county
162or municipality is the prevailing party; requiring an
163assessment of a filing fee; amending s. 34.191, F.S.;
164excluding certain counties having a consolidated
165government from the term municipality; amending s.
16639.0132, F.S.; authorizing the Justice Administrative
167Commission to inspect certain court dockets; authorizing
168the commission to petition the court for certain
169additional documentation; amending s. 39.821, F.S.;
170requiring the Guardian Ad Litem Program rather than the
171chief judge to request the federal criminal records check
172for purposes of certifying guardians ad litem; amending s.
17339.822, F.S.; directing agencies, persons, and other
174organizations to provide a guardian ad litem access to
175certain records related to the best interests of a child;
176providing a definition; amending s. 40.29, F.S.; revising
177procedures for the payments made by the state to the clerk
178of the court for the costs of witnesses; creating s.
17940.355, F.S.; requiring the clerk of the court to report
180on, and refund to the state attorneys and public
181defenders, certain moneys collected for payment of jurors
182and due-process costs; amending s. 43.16, F.S.; removing
183the Judicial Qualifications Commission from the duties of
184the Justice Administrative Commission and adding the
185Guardian ad Litem Program; providing that the Justice
186Administrative Commission is not subject to the
187Administrative Procedure Act; amending s. 43.26, F.S.;
188providing responsibilities of the chief judge of each
189circuit; amending s. 44.102, F.S.; revising conditions
190under which nonvolunteer court mediators may be
191compensated by the county or parties; amending s. 44.108,
192F.S.; clarifying the fees charged for scheduled mediation
193services provided by a circuit court's mediation program;
194requiring the clerk of the court to report to the chief
195judge the amount of such fees collected; amending s.
19657.081, F.S.; providing a cross-reference to conform;
197creating s. 57.082, F.S., relating to the determination of
198civil indigent status; providing for application to the
199clerk of court for such a determination and appointment of
200a private attorney in certain civil cases; providing
201application requirements; prescribing duties of the clerk
202of court relating to an application; prescribing
203application requirements and review criteria; providing
204for determinations by a clerk of the basis of an
205applicant's indigency; providing criteria; providing for
206appointment of counsel on an interim basis; providing for
207review by the court of a clerk's determination; providing
208criteria; authorizing a court to determine a person
209indigent and eligible for appointed counsel; providing
210criteria and requirements for such determination;
211requiring persons determined to be indigent for civil
212proceedings to be enrolled in a payment plan and charged
213an administrative processing charge; providing plan
214criteria; providing for a reevaluation of indigent status
215and referral to the state attorney upon evidence of
216financial discrepancies or fraud; providing for recovery
217and disposition of certain amounts recovered; providing
218criminal penalties for the provision of false information;
219amending s. 92.142, F.S.; deleting a provision that
220provides for payment of per diem and travel expenses for a
221witness in a criminal case at the discretion of the court;
222amending s. 92.231, F.S.; removing a reference to the
223Article V Indigent Services Advisory Board; amending s.
224110.205, F.S.; specifying that members, officers, and
225employees of the Justice Administrative Commission and
226certain related organizations are exempt positions under
227career service provisions; amending s. 116.01, F.S.;
228providing procedures for the clerk of the court to remit
229funds to the Department of Revenue; amending s. 116.21,
230F.S.; authorizing sheriffs and clerks of the courts to pay
231certain deposited or collected funds into a specific fine
232and forfeiture fund; requiring the clerk to pay for the
233cost of publication of the list of unclaimed court-related
234funds; requiring unclaimed funds to be deposited into the
235fine and forfeiture fund; amending s. 119.07, F.S.;
236extending the time period during which certain social
237security numbers and other data included in court or
238official county records may be available for public
239inspection unless redaction is requested; extending the
240deadline by which court clerks and county recorders must
241keep such data confidential; amending s. 142.01, F.S.;
242clarifying those moneys to be included within the fine and
243forfeiture fund of the clerk of the circuit court;
244amending s. 213.13, F.S.; requiring that the court-related
245collections remitted by the clerk to the state be
246transmitted electronically within a specified period;
247amending s. 219.07, F.S.; revising disbursement
248requirements for the clerk as part of his or her court-
249related functions; amending s. 219.075, F.S.; exempting
250funds collected by the clerk from the requirements for the
251investment of surplus funds of a county; amending s.
252318.121, F.S.; specifying that certain surcharges may not
253be added to civil traffic penalties; amending s. 318.18,
254F.S.; authorizing a portion of certain surcharge revenues
255to be used for local law libraries; requiring the clerk of
256the court to quarterly report the amount of certain
257surcharges collected to the chief judge, the Governor, and
258the Legislature; authorizing certain local governments to
259impose by ordinance a surcharge on any infraction or
260violation in addition to certain noncriminal traffic
261infractions and certain criminal violations; providing for
262transfer of revenues from such surcharge for certain
263purposes; prohibiting a court from waiving the surcharge;
264providing for repeal; amending s. 318.21, F.S.; providing
265for the disposition of traffic-infraction penalties for
266violations occurring in unincorporated areas of certain
267counties having a consolidated government or
268unincorporated areas of certain municipalities having a
269consolidated government; amending s. 318.31, F.S.;
270deleting provisions concerning the appointment of a civil
271traffic infraction hearing officer; amending s. 328.32,
272F.S.; providing additional limitation on a hearing
273officer's authority; amending s. 318.325, F.S.; deleting
274provisions specifying the funding of such hearing officer;
275amending s. 322.29, F.S.; increasing the fees charged for
276reinstating a driver's license; amending s. 372.72, F.S.;
277requiring that the proceeds from unclaimed bonds be
278deposited into the clerk's fine and forfeiture fund;
279amending s. 903.26, F.S.; revising the procedure for
280determining the amount of the costs incurred in returning
281a defendant to the county of jurisdiction; amending s.
282903.28, F.S.; revising certain notice requirements
283following the surrender or apprehension of a defendant for
284purposes of remission of a forfeiture; authorizing clerks
285of circuit courts to enter into contracts or interagency
286agreements to represent the clerk in certain actions;
287providing that the clerk is the real party in interest for
288all appeals arising from such an action; authorizing the
289clerk to withhold unpaid fines, fees, costs, and charges
290under certain circumstances; amending s. 916.115, F.S.;
291revising requirements for the payment of experts;
292specifying which fees are to be paid by the state, the
293office of the public defender, the office of the state
294attorney, or the Justice Administrative Commission;
295amending s. 916.12, F.S.; revising the procedures under
296which the court may take action following a finding that
297the defendant is incompetent to proceed; requiring
298evaluation of a defendant; providing criteria; authorizing
299a court to commit a defendant or take other action under
300certain circumstances; amending s. 916.301, F.S.;
301requiring the court to pay for certain expert witnesses
302appointed by the court; amending s. 938.29, F.S.;
303providing for a judgment lien for the payment of certain
304attorney's fees to be filed without cost; amending s.
305939.06, F.S.; clarifying that an acquitted defendant is
306not liable for certain costs or fees; providing a
307procedure for such a defendant to request a refund from
308the Justice Administrative Commission of costs or fees
309paid; amending s. 939.185, F.S.; authorizing certain local
310governments to impose by ordinance in addition to certain
311court costs and other costs, fines, and penalties imposed
312by law a surcharge to be imposed by court on persons
313pleading guilty or nolo contendere to certain criminal
314offenses; providing for transfer of revenues from such
315surcharge for certain purposes; providing for repeal;
316amending s. 985.05, F.S.; authorizing the Justice
317Administrative Commission to have access to certain court
318records; authorizing circuit courts to share certain
319juvenile delinquency restitution orders; amending s.
320985.201, F.S.; revising the manner in which a court may
321retain jurisdiction over a child and the child's parent
322when the court has ordered restitution for certain
323delinquent acts; requiring the party calling a witness in
324traffic court to bear the costs; requiring the office of
325the state attorney to pay such costs if the witness is
326required to testify on behalf of the prosecution;
327authorizing the trial court administrator to recover
328expenditures for state-funded services if those services
329were furnished to a user possessing the ability to pay;
330providing for deposit of such funds; authorizing the trial
331court administrator to recover certain costs under certain
332circumstances; requiring the chief judge to determine the
333rate, which may not exceed the cost of the service and
334recovery; providing legislative intent for revisions to
335ss. 28.2402, 34.191, and 318.21, F.S.; revising the
336maximum annual budget amount for the Clerk of Court for
337the Eleventh Judicial Circuit; repealing s. 29.014, F.S.,
338relating to the Article V Indigent Service Advisory Board;
339repealing s. 318.37, F.S., relating to funding for a Civil
340Traffic Infraction Hearing Officer Program; amending s.
341938.19, F.S.; authorizing a board of county commissioners
342to adopt an ordinance that incorporates the provisions of
343the act; providing funding for a teen court through the
344assessment of an additional court cost against each person
345who pleads guilty or nolo contendere to, or is convicted
346of, a violation of a criminal law, an ordinance, or a
347traffic offense in the county; providing exceptions;
348providing for administration by the clerk of the circuit
349court; authorizing the clerk of the circuit court to
350retain a specified percentage of the assessments
351collected; requiring the teen court to account for all
352funds received; requiring an annual report to the board of
353county commissioners by a specified date; authorizing
354specified organizations to administer a teen court
355program; prohibiting teen courts in counties adopting an
356ordinance from receiving court costs under s. 939.185,
357F.S.; providing for expiration of amendments to s. 938.19,
358F.S., and reversion of section text; providing for
359expiration of specified court costs; amending s. 939.185,
360F.S.; providing an exception for teen court funding;
361providing appropriations; providing effective dates.
362
363Be It Enacted by the Legislature of the State of Florida:
364
365     Section 1.  Subsections (2), (3), (5), and (7) of section
36627.40, Florida Statutes, are amended to read:
367     27.40  Court-appointed counsel; circuit registries; minimum
368requirements; appointment by court.--
369     (2)  No later than October 1, 2004, Private counsel
370appointed by the court to provide representation shall be
371selected from a registry of individual attorneys established by
372the circuit Article V indigent services committee or procured
373through a competitive bidding process.
374     (3)  In utilizing a registry:
375     (a)  Each circuit Article V indigent services committee
376shall compile and maintain a list of attorneys in private
377practice, by county and by category of cases. From October 1,
3782005, through September 30, 2007, the list of attorneys compiled
379by the Eleventh Judicial Circuit shall provide the race, gender,
380and national origin of assigned attorneys. To be included on a
381registry, attorneys shall certify that they meet any minimum
382requirements established in general law for court appointment,
383are available to represent indigent defendants in cases
384requiring court appointment of private counsel, and are willing
385to abide by the terms of the contract for services. To be
386included on a registry, an attorney also must enter into a
387contract for services with the Justice Administrative
388Commission. Failure to comply with the terms of the contract for
389services may result in termination of the contract and removal
390from the registry. Each attorney on the registry shall be
391responsible for notifying the circuit Article V indigent
392services committee and the Justice Administrative Commission of
393any change in his or her status. Failure to comply with this
394requirement shall be cause for termination of the contract for
395services and removal from the registry until the requirement is
396fulfilled.
397     (b)  The court shall appoint attorneys in rotating order in
398the order in which names appear on the applicable registry,
399unless the court makes a finding of good cause on the record for
400appointing an attorney out of order. An attorney not appointed
401in the order in which his or her name appears on the list shall
402remain next in order.
403     (c)  If it finds the number of attorneys on the registry in
404a county or circuit for a particular category of cases is
405inadequate, the circuit Article V indigent services committee
406shall notify the chief judge of the particular circuit in
407writing. The chief judge shall submit the names of at least
408three private attorneys with relevant experience. The clerk of
409court shall send an application to each of these attorneys to
410register for appointment.
411     (d)  Quarterly, beginning no later than October 1, 2004,
412each circuit Article V indigent services committee shall provide
413a current copy of each registry to the Chief Justice of the
414Supreme Court, the chief judge, the state attorney and public
415defender in each judicial circuit, and the clerk of court in
416each county, the Justice Administrative Commission, and the
417Indigent Services Advisory Board with a current copy of each
418registry. From October 1, 2005, through September 30, 2007, the
419report submitted by the Eleventh Judicial Circuit shall include
420the race, gender, and national origin of all attorneys listed in
421and appointed under the registry.
422     (5)  The Justice Administrative Commission shall approve
423uniform contract forms for use in procuring the services of
424private court-appointed counsel and uniform procedures and forms
425for use by a court-appointed attorney in support of billing for
426attorney's fees, costs, and related expenses to demonstrate the
427attorney's completion of specified duties.
428     (7)(a)  An attorney appointed to represent a defendant or
429other client is entitled to payment pursuant to s. 27.5304, only
430upon full performance by the attorney of specified duties,
431approval of payment by the court, except for payment based on a
432flat fee per case as provided in s. 27.5304; and attorney
433submission of a payment request to the Justice Administrative
434Commission. Upon being permitted to withdraw from a case, a
435court-appointed attorney shall submit a copy of the order to the
436Justice Administrative Commission at the time it is issued by
437the court. If an attorney is permitted to withdraw or is
438otherwise removed from representation prior to full performance
439of the duties specified in this section for reasons other than
440breach of duty, the trial court shall approve payment of
441attorney's fees and costs for work performed in an amount not to
442exceed the amounts specified in s. 27.5304. Withdrawal from a
443case prior to full performance of the duties specified shall
444create a rebuttable presumption that the attorney is not
445entitled to the entire flat fee for those cases paid on a flat-
446fee-per-case basis.
447     (b)  The attorney shall maintain appropriate documentation,
448including a current and detailed hourly accounting of time spent
449representing the defendant or other client. These records and
450documents are subject to review by the Justice Administrative
451Commission, subject to the attorney-client privilege and work
452product privilege.
453     Section 2.  Section 27.42, Florida Statutes, is amended to
454read:
455     27.42  Circuit Article V indigent services committees;
456composition; staff; responsibilities; funding.--
457     (1)  In each judicial circuit a circuit Article V indigent
458services committee shall be established. The committee shall
459consist of the following:
460     (a)  The chief judge of the judicial circuit or the chief
461judge's designee, who shall serve as the chair.
462     (b)  The public defender of the judicial circuit, or
463designee from within the office of the public defender.
464     (c)  One experienced private criminal defense attorney
465appointed by the chief judge to serve a 2-year term. During the
4662-year term, the attorney is prohibited from serving as court-
467appointed counsel.
468     (d)  One experienced civil trial attorney appointed by the
469chief judge, to serve a 2-year term. During the 2-year term, the
470attorney is prohibited from serving as court-appointed counsel.
471     (2)(a)  The responsibility of the circuit Article V
472indigent services committee is to manage the appointment and
473compensation of court-appointed counsel within a circuit
474pursuant to ss. 27.40 and 27.5303. The committee shall also set
475the compensation rates of due-process service providers in cases
476where the court has appointed counsel or declared a person
477indigent for costs, not to exceed any rates specified in the
478General Appropriations Act such that the total amount expended
479does not exceed the amount budgeted in the General
480Appropriations Act for the particular due-process service. The
481circuit Article V indigent services committee shall meet at
482least quarterly.
483     (b)  No later than October 1, 2004, Each circuit Article V
484indigent services committee shall maintain a registry pursuant
485to s. 27.40, even when procuring counsel through a competitive
486bidding process. However, if counsel is procured through a
487competitive bidding process, the registry shall be used only
488when counsel obtained through that process is unable to provide
489representation due to a conflict of interest or reasons beyond
490their control. The committee shall apply any eligibility and
491performance standards set by the Legislature.
492     (c)  Each circuit Article V indigent services committee
493shall develop a schedule of standard fees and expense allowances
494for the categories of cases specified in s. 27.5304 27.5303,
495consistent with the overall compensation rates in that section
496and within the amount of appropriated funds allocated by the
497Justice Administrative Commission to the circuit for this
498purpose.
499     (d)  Each circuit Article V indigent services committee
500shall establish a schedule of standard allowances for due-
501process expenses for cases in which the court has declared a
502person indigent for costs, within the amount of appropriated
503funds allocated by the Justice Administrative Commission to the
504circuit for this purpose.
505     (3)  Notwithstanding any other provision of this section, a
506circuit Article V indigent services committee may approve, and
507the Justice Administrative Commission shall investigate and
508evaluate the use of funds for, alternate models for the
509provision of criminal and civil due-process services and
510representation other than a model based on a per-case fee if a
511more cost-effective and efficient system can be provided. An
512alternate model may include court-reporting services and the
513provision of court-appointed counsel.
514     (4)(3)  The Justice Administrative Commission shall prepare
515and issue on a quarterly basis a statewide report comparing
516actual year-to-date expenditures to budgeted amounts for the
517circuit Article V indigent services committees in each of the
518judicial circuits. Copies of these quarterly reports shall be
519distributed to each circuit Article V indigent services
520committee and to the Governor, the Chief Justice of the Supreme
521Court, the President of the Senate, and the Speaker of the House
522of Representatives.
523     (5)(4)(a)  The funding and positions for the processing of
524committees' fees and expenses shall be as appropriated to the
525Justice Administrative Commission in the General Appropriations
526Act.
527     (b)  Funds for criminal conflict attorney's fees and
528expenses shall be appropriated by the Legislature in a separate
529appropriations category within the Justice Administrative
530Commission. These funds shall be allocated to each circuit as
531prescribed in the General Appropriations Act.
532     (c)  Funds for attorney's fees and expenses for child
533dependency and civil conflict cases shall be appropriated by the
534Legislature in a separate appropriations category within the
535Justice Administrative Commission.
536     (d)  Any funds the Legislature appropriates for other
537court-appointed counsel cases shall be as appropriated within
538the Justice Administrative Commission.
539
540The Justice Administrative Commission shall separately track
541expenditures on private court-appointed counsel for the
542following categories of cases: criminal conflict, civil
543conflict, dependency and termination of parental rights, and
544guardianship. From October 1, 2005, through September 30, 2007,
545the Justice Administrative Commission shall also track and issue
546a report on the race, gender, and national origin of private
547court-appointed counsel for the Eleventh Judicial Circuit.
548     Section 3.  Section 27.52, Florida Statutes, is amended to
549read:
550     (Substantial rewording of section. See
551     s. 27.52, F.S., for present text.)
552     27.52  Determination of indigent status.--
553     (1)  APPLICATION TO THE CLERK.--A person seeking
554appointment of a public defender under s. 27.51 based upon an
555inability to pay must apply to the clerk of the court for a
556determination of indigent status using an application form
557developed by the Florida Clerks of Court Operations Corporation
558with final approval by the Supreme Court.
559     (a)  The application must include, at a minimum, the
560following financial information:
561     1.  Net income, consisting of total salary and wages, minus
562deductions required by law, including court-ordered support
563payments.
564     2.  Other income, including, but not limited to, social
565security benefits, union funds, veterans' benefits, workers'
566compensation, other regular support from absent family members,
567public or private employee pensions, unemployment compensation,
568dividends, interest, rent, trusts, and gifts.
569     3.  Assets, including, but not limited to, cash, savings
570accounts, bank accounts, stocks, bonds, certificates of deposit,
571equity in real estate, and equity in a boat or a motor vehicle
572or in other tangible property.
573     4.  All liabilities and debts.
574     5.  If applicable, the amount of any bail paid for the
575applicant's release from incarceration and the source of the
576funds.
577
578The application must include a signature by the applicant which
579attests to the truthfulness of the information provided. The
580application form developed by the corporation must include
581notice that the applicant may seek court review of a clerk's
582determination that the applicant is not indigent, as provided in
583this section.
584     (b)  An applicant shall pay a $40 application fee to the
585clerk for each application for court-appointed counsel filed.
586The applicant shall pay the fee within 7 days after submitting
587the application. If the applicant does not pay the fee prior to
588the disposition of the case, the clerk shall notify the court,
589and the court shall:
590     1.  Assess the application fee as part of the sentence or
591as a condition of probation; or
592     2.  Assess the application fee pursuant to s. 938.29.
593     (c)  Notwithstanding any provision of law, court rule, or
594administrative order, the clerk shall assign the first $40 of
595any fees or costs paid by an indigent person as payment of the
596application fee. A person found to be indigent may not be
597refused counsel or other required due-process services for
598failure to pay the fee.
599     (d)  All application fees collected by the clerk under this
600section shall be transferred monthly by the clerk to the
601Department of Revenue for deposit in the Indigent Criminal
602Defense Trust Fund administered by the Justice Administrative
603Commission, to be used to as appropriated by the Legislature.
604The clerk may retain 2 percent of application fees collected
605monthly for administrative costs prior to remitting the
606remainder to the Department of Revenue.
607     (e)1.  The clerk shall assist a person who appears before
608the clerk and requests assistance in completing the application,
609and the clerk shall notify the court if a person is unable to
610complete the application after the clerk has provided
611assistance.
612     2.  If the person seeking appointment of a public defender
613is incarcerated, the public defender is responsible for
614providing the application to the person and assisting him or her
615in its completion and is responsible for submitting the
616application to the clerk on the person's behalf. The public
617defender may enter into an agreement for jail employees,
618pretrial services employees, or employees of other criminal
619justice agencies to assist the public defender in performing
620functions assigned to the public defender under this
621subparagraph.
622     (2)  DETERMINATION BY THE CLERK.--The clerk of the court
623shall determine whether an applicant seeking appointment of a
624public defender is indigent based upon the information provided
625in the application and the criteria prescribed in this
626subsection.
627     (a)1.  An applicant, including an applicant who is a minor
628or an adult tax-dependent person, is indigent if the applicant's
629income is equal to or below 200 percent of the then-current
630federal poverty guidelines prescribed for the size of the
631household of the applicant by the United States Department of
632Health and Human Services or if the person is receiving
633Temporary Assistance for Needy Families-Cash Assistance,
634poverty-related veterans' benefits, or Supplemental Security
635Income (SSI).
636     2.  There is a presumption that the applicant is not
637indigent if the applicant owns, or has equity in, any intangible
638or tangible personal property or real property or the expectancy
639of an interest in any such property having a net equity value of
640$2,500 or more, excluding the value of the person's homestead
641and one vehicle having a net value not exceeding $5,000.
642     (b)  Based upon its review, the clerk shall make one of the
643following determinations:
644     1.  The applicant is not indigent.
645     2.  The applicant is indigent.
646     (c)1.  If the clerk determines that the applicant is
647indigent, the clerk shall submit the determination to the office
648of the public defender and immediately file the determination in
649the case file.
650     2.  If the public defender is unable to provide
651representation due to a conflict pursuant to s. 27.5303, the
652public defender shall move the court for withdrawal from
653representation and appointment of private counsel.
654     (d)  The duty of the clerk in determining whether an
655applicant is indigent shall be limited to receiving the
656application and comparing the information provided in the
657application to the criteria prescribed in this subsection. The
658determination of indigent status is a ministerial act of the
659clerk and not a decision based on further investigation or the
660exercise of independent judgment by the clerk. The clerk may
661contract with third parties to perform functions assigned to the
662clerk under this section.
663     (e)  The applicant may seek review of the clerk's
664determination that the applicant is not indigent in the court
665having jurisdiction over the matter at the next scheduled
666hearing. If the applicant seeks review of the clerk's
667determination of indigent status, the court shall make a final
668determination as provided in subsection (4).
669     (3)  APPOINTMENT OF COUNSEL ON INTERIM BASIS.--If the clerk
670of the court has not made a determination of indigent status at
671the time a person requests appointment of a public defender, the
672court shall make a preliminary determination of indigent status,
673pending further review by the clerk, and may, by court order,
674appoint a public defender or private counsel on an interim
675basis.
676     (4)  REVIEW OF CLERK'S DETERMINATION.--
677     (a)  If the clerk of the court determines that the
678applicant is not indigent, and the applicant seeks review of the
679clerk's determination, the court shall make a final
680determination of indigent status by reviewing the information
681provided in the application against the criteria prescribed in
682subsection (2) and by considering the following additional
683factors:
684     1.  Whether the applicant has been released on bail in an
685amount of $5,000 or more.
686     2.  Whether a bond has been posted, the type of bond, and
687who paid the bond.
688     3.  Whether paying for private counsel in an amount that
689exceeds the limitations in s. 27.5304, or other due-process
690services creates a substantial hardship for the applicant or the
691applicant's family.
692     4.  Any other relevant financial circumstances of the
693applicant or the applicant's family.
694     (b)  Based upon its review, the court shall make one of the
695following determinations and, if the applicant is indigent,
696shall appoint a public defender or, if appropriate, private
697counsel:
698     1.  The applicant is not indigent.
699     2.  The applicant is indigent.
700     (5)  INDIGENT FOR COSTS.--A person who is eligible to be
701represented by a public defender under s. 27.51 but who is
702represented by private counsel not appointed by the court for a
703reasonable fee as approved by the court, on a pro bono basis, or
704who is proceeding pro se, may move the court for a determination
705that he or she is indigent for costs and eligible for the
706provision of due-process services, as prescribed by ss. 29.006
707and 29.007, funded by the state.
708     (a)  The person must submit to the court:
709     1.  The completed application prescribed in subsection (1).
710     2.  In the case of a person represented by counsel, an
711affidavit attesting to the estimated amount of attorney's fees
712and the source of payment for these fees.
713     (b)  In reviewing the motion, the court shall consider:
714     1.  Whether the applicant applied for a determination of
715indigent status under subsection (1) and the outcome of such
716application.
717     2.  The extent to which the person's income equals or
718exceeds the income criteria prescribed in subsection (2).
719     3.  The additional factors prescribed in subsection (4).
720     4.  Whether the applicant is proceeding pro se.
721     5.  When the applicant retained private counsel.
722     6.  The amount of any attorney's fees and who is paying the
723fees.
724     (c)  Based upon its review, the court shall make one of the
725following determinations:
726     1.  The applicant is not indigent for costs.
727     2.  The applicant is indigent for costs.
728     (d)  The provision of due-process services based upon a
729determination that a person is indigent for costs under this
730subsection must be effectuated pursuant to a court order, a copy
731of which the clerk shall provide to counsel representing the
732person, or to the person directly if he or she is proceeding pro
733se, for use in requesting payment of due-process expenses
734through the Justice Administrative Commission. Counsel
735representing a person declared indigent for costs shall execute
736the Justice Administrative Commission's contract for counsel
737representing persons determined to be indigent for costs.
738     (6)  DUTIES OF PARENT OR LEGAL GUARDIAN.--A nonindigent
739parent or legal guardian of an applicant who is a minor or an
740adult tax-dependent person shall furnish the minor or adult tax-
741dependent person with the necessary legal services and costs
742incident to a delinquency proceeding or, upon transfer of such
743person for criminal prosecution as an adult pursuant to chapter
744985, a criminal prosecution in which the person has a right to
745legal counsel under the Constitution of the United States or the
746Constitution of the State of Florida. The failure of a parent or
747legal guardian to furnish legal services and costs under this
748section does not bar the appointment of legal counsel pursuant
749to this section, s. 27.40, or s. 27.5303. When the public
750defender, a private court-appointed conflict counsel, or a
751private attorney is appointed to represent a minor or an adult
752tax-dependent person in any proceeding in circuit court or in a
753criminal proceeding in any other court, the parents or the legal
754guardian shall be liable for payment of the fees, charges, and
755costs of the representation even if the person is a minor being
756tried as an adult. Liability for the fees, charges, and costs of
757the representation shall be imposed in the form of a lien
758against the property of the nonindigent parents or legal
759guardian of the minor or adult tax-dependent person. The lien is
760enforceable as provided in s. 27.561 or s. 938.29.
761     (7)  FINANCIAL DISCREPANCIES; FRAUD; FALSE INFORMATION.--
762     (a)  If the court learns of discrepancies between the
763application or motion and the actual financial status of the
764person found to be indigent or indigent for costs, the court
765shall determine whether the public defender or private attorney
766shall continue representation or whether the authorization for
767any other due-process services previously authorized shall be
768revoked. The person may be heard regarding the information
769learned by the court. If the court, based on the information,
770determines that the person is not indigent or indigent for
771costs, the court shall order the public defender or private
772attorney to discontinue representation and revoke the provision
773of any other authorized due-process services.
774     (b)  If the court has reason to believe that any applicant,
775through fraud or misrepresentation, was improperly determined to
776be indigent or indigent for costs, the matter shall be referred
777to the state attorney. Twenty-five percent of any amount
778recovered by the state attorney as reasonable value of the
779services rendered, including fees, charges, and costs paid by
780the state on the person's behalf, shall be remitted to the
781Department of Revenue for deposit into the Grants and Donations
782Trust Fund within the Justice Administrative Commission.
783Seventy-five percent of any amount recovered shall be remitted
784to the Department of Revenue for deposit into the General
785Revenue Fund.
786     (c)  A person who knowingly provides false information to
787the clerk or the court in seeking a determination of indigent
788status under this section commits a misdemeanor of the first
789degree, punishable as provided in s. 775.082 or s. 775.083.
790     Section 4.  Subsections (1), (2), and (6) of section
79127.5304, Florida Statutes, are amended, and subsections (7),
792(8), (9), and (10) are added to said section, to read:
793     27.5304  Private court-appointed counsel; compensation.--
794     (1)  Private court-appointed counsel shall be compensated
795by the Justice Administrative Commission in an amount not to
796exceed the fee limits established in this section. The attorney
797also shall be reimbursed for reasonable and necessary expenses
798in accordance with s. 29.007. If the attorney is representing a
799defendant charged with more than one offense in the same case,
800the attorney shall be compensated at the rate provided for the
801most serious offense for which he or she represented the
802defendant. This section does not allow stacking of the fee
803limits established by this section. Private court-appointed
804counsel providing representation under an alternative model
805shall enter into a uniform contract with the Justice
806Administrative Commission and shall use the Justice
807Administrative Commission's uniform procedures and forms in
808support of billing for attorney's fees, costs, and related
809expenses. Failure to comply with the terms of the contract for
810services may result in termination of the contract.
811     (2)  The Justice Administrative Commission shall review an
812intended billing by private court-appointed counsel for
813attorney's fees based on a flat fee per case for completeness
814and compliance with contractual, statutory, and circuit Article
815V indigent services committee requirements. The commission may
816approve the intended bill for a flat fee per case for payment
817without approval by the court if the intended billing is
818correct. For all other intended billings, prior to filing a
819motion for an order approving payment of attorney's fees, costs,
820or related expenses, the private court-appointed counsel shall
821deliver a copy of the intended billing, together with supporting
822affidavits and all other necessary documentation, to the Justice
823Administrative Commission. The Justice Administrative Commission
824shall review the billings, affidavit, and documentation for
825completeness and compliance with contractual and statutory
826requirements. If the Justice Administrative Commission objects
827to any portion of the proposed billing, the objection and
828reasons therefor shall be communicated to the private court-
829appointed counsel. The private court-appointed counsel may
830thereafter file his or her motion for order approving payment of
831attorney's fees, costs, or related expenses together with
832supporting affidavits and all other necessary documentation. The
833motion must specify whether the Justice Administrative
834Commission objects to any portion of the billing or the
835sufficiency of documentation and shall attach the Justice
836Administrative Commission's letter stating its objection. The
837attorney shall have the burden to prove the entitlement to
838attorney's fees, costs, or related expenses, if so, the reasons
839therefor. A copy of the motion and attachments shall be served
840on the Justice Administrative Commission at least 5 business
841days prior to the date of a hearing. The Justice Administrative
842Commission shall have standing to appear before the court to
843contest any motion for order approving payment of attorney's
844fees, costs, or related expenses and may participate in a
845hearing on the motion by use of telephonic or other
846communication equipment unless ordered otherwise. The Justice
847Administrative Commission may contract with other public or
848private entities or individuals to appear before the court for
849the purpose of contesting any motion for order approving payment
850of attorney's fees, costs, or related expenses. The fact that
851the Justice Administrative Commission has not objected to any
852portion of the billing or to the sufficiency of the
853documentation is not binding on the court. The court retains
854primary authority and responsibility for determining the
855reasonableness of all billings for attorney's fees, costs, and
856related expenses, subject to statutory limitations. Private
857court-appointed counsel is entitled to compensation upon final
858disposition of a case, except as provided in subsections (7),
859(8), and (10). Before final disposition of a case, a private
860court-appointed counsel may file a motion for fees, costs, and
861related expenses for services completed up to the date of the
862motion in any case or matter in which legal services have been
863provided by the attorney for more than 1 year. The amount
864approved by the court may not exceed 80 percent of the fees
865earned, or costs and related expenses incurred, to date, or an
866amount proportionate to the maximum fees permitted under this
867section based on legal services provided to date, whichever is
868less. The court may grant the motion if counsel shows that
869failure to grant the motion would work a particular hardship
870upon counsel.
871     (6)  A private attorney appointed in lieu of the public
872defender to represent an indigent defendant may not reassign or
873subcontract the case to another attorney or allow another
874attorney to appear at a critical stage of a case who is not on
875the registry developed under pursuant to s. 27.40.
876     (7)  Private court-appointed counsel representing a parent
877in a dependency case that is open may submit a request for
878payment to the Justice Administrative Commission at the
879following intervals:
880     (a)  Upon entry of an order of disposition as to the parent
881being represented.
882     (b)  Upon conclusion of a 12-month permanency review.
883     (c)  Following a judicial review hearing.
884
885In no case, however, may counsel submit requests under this
886paragraph more than once per quarter, unless the court finds
887extraordinary circumstances justifying more frequent submission
888of payment requests.
889     (8)  Private court-appointed counsel representing an
890individual in an appeal to a district court of appeal or the
891Supreme Court may submit a request for payment to the Justice
892Administrative Commission at the following intervals:
893     (a)  Upon the filing of an appellate brief, including, but
894not limited to, a reply brief.
895     (b)  When the opinion of the appellate court is finalized.
896     (9)  Private court-appointed counsel may not bill for
897preparation of invoices whether or not the case is paid on the
898basis of an hourly rate or by flat fee.
899     (10)  The Justice Administrative Commission shall develop a
900schedule to provide partial payment of attorney fees for cases
901that are not resolved within 6 months. The schedule must provide
902that the aggregate payments shall not exceed limits established
903by law. Any partial payment made pursuant to this subsection
904shall not exceed the actual value of services provided to date.
905Any partial payment shall be proportionate to the value of
906services provided based on payment rates included in the
907contract, not to exceed any limit provided by law.
908     Section 5.  Subsection (2) of section 27.54, Florida
909Statutes, is amended to read:
910     27.54  Limitation on payment of expenditures for public
911defender's office other than by the state.--
912     (2)  A county or municipality may contract with, or
913appropriate or contribute funds to, the operation of the offices
914of the various public defenders as provided in this subsection.
915A public defender defending violations of special laws or county
916or municipal ordinances punishable by incarceration and not
917ancillary to a state charge shall contract with counties and
918municipalities to recover the full cost of services rendered on
919an hourly basis or reimburse the state for the full cost of
920assigning one or more full-time equivalent attorney positions to
921work on behalf of the county or municipality. Notwithstanding
922any other provision of law, in the case of a county with a
923population of less than 75,000, the public defender shall
924contract for full reimbursement, or for reimbursement as the
925parties otherwise agree. In local ordinance violation cases, the
926county or municipality shall pay for due-process services that
927are approved by the court, including deposition costs,
928deposition transcript costs, investigative costs, witness fees,
929expert witness costs, and interpreter costs. The person charged
930with the violation shall be assessed a fee for the services of a
931public defender and other costs and fees paid by the county or
932municipality, which assessed fee may be reduced to a lien, in
933all instances in which the person enters a plea of guilty or no
934contest or is found to be in violation or guilty of any count or
935lesser included offense of the charge or companion case charges,
936regardless of adjudication. The court shall determine the amount
937of the obligation. The county or municipality may recover
938assessed fees through collections court or as otherwise
939permitted by law and any fees recovered pursuant to this section
940shall be forwarded to the applicable county or municipality as
941reimbursement.
942     (a)  A contract for reimbursement on an hourly basis shall
943require a county or municipality to reimburse the public
944defender for services rendered at a rate of $50 per hour. If an
945hourly rate is specified in the General Appropriations Act, that
946rate shall control.
947     (b)  A contract for assigning one or more full-time
948equivalent attorney positions to perform work on behalf of the
949county or municipality shall assign one or more full-time
950equivalent positions based on estimates by the public defender
951of the number of hours required to handle the projected
952workload. The full cost of each full-time equivalent attorney
953position on an annual basis shall be $50, or the amount
954specified in the General Appropriations Act, multiplied by the
955legislative budget request standard for available work hours for
956one full-time equivalent attorney position, or, in the absence
957of that standard, 1,854 hours. The contract may provide for
958funding full-time equivalent positions in one-quarter
959increments.
960     (c)  Any payments received pursuant to this subsection
961shall be deposited into the Grants and Donations Trust Fund
962within the Justice Administrative Commission for appropriation
963by the Legislature.
964     Section 6.  Section 28.24, Florida Statutes, is amended to
965read:
966     28.24  Service charges by clerk of the circuit court.--The
967clerk of the circuit court shall may charge for services
968rendered by the clerk's office in recording documents and
969instruments and in performing the duties enumerated in amounts
970not to exceed those specified in this section. Notwithstanding
971any other provision of this section, the clerk of the circuit
972court shall provide without charge to the state attorney, public
973defender, and guardian ad litem, public guardian, attorney ad
974litem, and court-appointed counsel paid by the state, and to the
975authorized staff acting on behalf of each, access to and a copy
976of any public record, if the requesting party is entitled by law
977to view the exempt or confidential record, as maintained by and
978in the custody of the clerk of the circuit court as provided in
979general law and the Florida Rules of Judicial Administration.
980The clerk of the circuit court may provide the requested public
981record in an electronic format in lieu of a paper format when
982capable of being accessed by the requesting entity.
983
984Charges
985     (1)  For examining, comparing, correcting, verifying, and
986certifying transcripts of record in appellate proceedings,
987prepared by attorney for appellant or someone else other than
988clerk per page....4.50
989     (2)  For preparing, numbering, and indexing an original
990record of appellate proceedings, per instrument....3.00
991     (3)  For certifying copies of any instrument in the public
992records....1.50
993     (4)  For verifying any instrument presented for
994certification prepared by someone other than clerk, per
995page....3.00
996     (5)(a)  For making copies by photographic process of any
997instrument in the public records consisting of pages of not more
998than 14 inches by 81/2 inches, per page....1.00
999     (b)  For making copies by photographic process of any
1000instrument in the public records of more than 14 inches by 81/2
1001inches, per page....5.00
1002     (6)  For making microfilm copies of any public records:
1003     (a)  16 mm 100' microfilm roll....37.50
1004     (b)  35 mm 100' microfilm roll....52.50
1005     (c)  Microfiche, per fiche....3.00
1006     (7)  For copying any instrument in the public records by
1007other than photographic process, per page....6.00
1008     (8)  For writing any paper other than herein specifically
1009mentioned, same as for copying, including signing and
1010sealing....6.00
1011     (9)  For indexing each entry not recorded....1.00
1012     (10)  For receiving money into the registry of court:
1013     (a)1.  First $500, percent....3
1014     2.  Each subsequent $100, percent....1.5
1015     (b)  Eminent domain actions, per deposit....$150.00
1016     (11)  For examining, certifying, and recording plats and
1017for recording condominium exhibits larger than 14 inches by 81/2
1018inches:
1019     (a)  First page....30.00
1020     (b)  Each additional page....15.00
1021     (12)  For recording, indexing, and filing any instrument
1022not more than 14 inches by 81/2 inches, including required
1023notice to property appraiser where applicable:
1024     (a)  First page or fraction thereof....5.00
1025     (b)  Each additional page or fraction thereof....4.00
1026     (c)  For indexing instruments recorded in the official
1027records which contain more than four names, per additional
1028name....1.00
1029     (d)  An additional service charge shall be paid to the
1030clerk of the circuit court to be deposited in the Public Records
1031Modernization Trust Fund for each instrument listed in s.
103228.222, except judgments received from the courts and notices of
1033lis pendens, recorded in the official records:
1034     1.  First page....1.00
1035     2.  Each additional page....0.50
1036
1037Said fund shall be held in trust by the clerk and used
1038exclusively for equipment and maintenance of equipment,
1039personnel training, and technical assistance in modernizing the
1040public records system of the office. In a county where the duty
1041of maintaining official records exists in an office other than
1042the office of the clerk of the circuit court, the clerk of the
1043circuit court is entitled to 25 percent of the moneys deposited
1044into the trust fund for equipment, maintenance of equipment,
1045training, and technical assistance in modernizing the system for
1046storing records in the office of the clerk of the circuit court.
1047The fund may not be used for the payment of travel expenses,
1048membership dues, bank charges, staff-recruitment costs, salaries
1049or benefits of employees, construction costs, general operating
1050expenses, or other costs not directly related to obtaining and
1051maintaining equipment for public records systems or for the
1052purchase of furniture or office supplies and equipment not
1053related to the storage of records. On or before December 1,
10541995, and on or before December 1 of each year immediately
1055preceding each year during which the trust fund is scheduled for
1056legislative review under s. 19(f)(2), Art. III of the State
1057Constitution, each clerk of the circuit court shall file a
1058report on the Public Records Modernization Trust Fund with the
1059President of the Senate and the Speaker of the House of
1060Representatives. The report must itemize each expenditure made
1061from the trust fund since the last report was filed; each
1062obligation payable from the trust fund on that date; and the
1063percentage of funds expended for each of the following:
1064equipment, maintenance of equipment, personnel training, and
1065technical assistance. The report must indicate the nature of the
1066system each clerk uses to store, maintain, and retrieve public
1067records and the degree to which the system has been upgraded
1068since the creation of the trust fund.
1069     (e)  An additional service charge of $4 per page shall be
1070paid to the clerk of the circuit court for each instrument
1071listed in s. 28.222, except judgments received from the courts
1072and notices of lis pendens, recorded in the official records.
1073From the additional $4 service charge collected:
1074     1.  If the counties maintain legal responsibility for the
1075costs of the court-related technology needs as defined in s.
107629.008(1)(f)2. and (h), 10 cents shall be distributed to the
1077Florida Association of Court Clerks and Comptroller, Inc., for
1078the cost of development, implementation, operation, and
1079maintenance of the clerks' Comprehensive Case Information
1080System, in which system all clerks shall participate on or
1081before January 1, 2006; $1.90 shall be retained by the clerk to
1082be deposited in the Public Records Modernization Trust Fund and
1083used exclusively for funding court-related technology needs of
1084the clerk as defined in s. 29.008(1)(f)2. and (h); and $2 shall
1085be distributed to the board of county commissioners to be used
1086exclusively to fund court-related technology, and court
1087technology needs as defined in s. 29.008(1)(f)2. and (h) for the
1088state trial courts, state attorney, and public defender in that
1089county. If the counties maintain legal responsibility for the
1090costs of the court-related technology needs as defined in s.
109129.008(1)(f)2. and (h), notwithstanding any other provision of
1092law, the county is not required to provide additional funding
1093beyond that provided herein for the court-related technology
1094needs of the clerk as defined in s. 29.008(1)(f)2. and (h). All
1095court records and official records are the property of the State
1096of Florida, including any records generated as part of the
1097Comprehensive Case Information System funded pursuant to this
1098paragraph and the clerk of court is designated as the custodian
1099of such records, except in a county where the duty of
1100maintaining official records exists in a county office other
1101than the clerk of court, such county office is designated the
1102custodian of all official records, and the clerk of court is
1103designated the custodian of all court records. The clerk of
1104court or any entity acting on behalf of the clerk of court,
1105including an association, shall not charge a fee to any agency
1106as defined in s. 119.011, the Legislature, or the State Court
1107System for copies of records generated by the Comprehensive Case
1108Information System or held by the clerk of court or any entity
1109acting on behalf of the clerk of court, including an
1110association.
1111     2.  If the state becomes legally responsible for the costs
1112of court-related technology needs as defined in s.
111329.008(1)(f)2. and (h), whether by operation of general law or
1114by court order, $4 shall be remitted to the Department of
1115Revenue for deposit into the General Revenue Fund.
1116     (13)  Oath, administering, attesting, and sealing, not
1117otherwise provided for herein....3.00
1118     (14)  For validating certificates, any authorized bonds,
1119each....3.00
1120     (15)  For preparing affidavit of domicile....5.00
1121     (16)  For exemplified certificates, including signing and
1122sealing....6.00
1123     (17)  For authenticated certificates, including signing and
1124sealing....6.00
1125     (18)(a)  For issuing and filing a subpoena for a witness,
1126not otherwise provided for herein (includes writing, preparing,
1127signing, and sealing)....6.00
1128     (b)  For signing and sealing only....1.50
1129     (19)  For approving bond....7.50
1130     (20)  For searching of records, for each year's
1131search....1.50
1132     (21)  For processing an application for a tax deed sale
1133(includes application, sale, issuance, and preparation of tax
1134deed, and disbursement of proceeds of sale), other than excess
1135proceeds....60.00
1136     (22)  For disbursement of excess proceeds of tax deed sale,
1137first $100 or fraction thereof....10.00
1138     (23)  Upon receipt of an application for a marriage
1139license, for preparing and administering of oath; issuing,
1140sealing, and recording of the marriage license; and providing a
1141certified copy....30.00
1142     (24)  For solemnizing matrimony....30.00
1143     (25)  For sealing any court file or expungement of any
1144record....37.50
1145     (26)(a)  For receiving and disbursing all restitution
1146payments, per payment....3.00
1147     (b)  For receiving and disbursing all partial payments,
1148other than restitution payments, for which an administrative
1149processing service charge is not imposed pursuant to s. 28.246,
1150per month....5.00
1151     (c)  For setting up a payment plan, a one-time
1152administrative processing charge in lieu of a per month charge
1153under paragraph (b)....25.00
1154     (27)  Postal charges incurred by the clerk of the circuit
1155court in any mailing by certified or registered mail shall be
1156paid by the party at whose instance the mailing is made.
1157     (28)  For furnishing an electronic copy of information
1158contained in a computer database: a fee as provided for in
1159chapter 119.
1160     Section 7.  Paragraph (a) of subsection (1) and subsection
1161(2) of section 28.2402, Florida Statutes, are amended to read:
1162     28.2402  Cost recovery; use of the circuit court for
1163ordinance or special law violations.--
1164     (1)(a)  In lieu of payment of a filing fee under s. 28.241,
1165a filing fee of $10 shall be paid by a county or municipality
1166when filing a county or municipal ordinance violation or
1167violation of a special law in circuit court. This fee shall be
1168paid to the clerk of the court for performing court-related
1169functions. A county or municipality is not required to pay more
1170than one filing fee for a single filing against a single
1171defendant that contains multiple alleged violations. A filing
1172fee, other than that imposed under this section, may not be
1173assessed for initiating an enforcement proceeding in circuit
1174court for a violation of a county or municipal code or ordinance
1175or a violation of a special law. The filing fee shall not apply
1176to instances in which a county or municipality has contracted
1177with the state, or has been delegated by the state,
1178responsibility for enforcing state operations, policies, or
1179requirements under s. 125.69, s. 166.0415, or chapter 162.
1180     (2)  To offset costs incurred by the clerks of the court in
1181performing court-related functions associated with the
1182processing of violations of special laws and municipal
1183ordinances, 10 percent of the total amount of fines paid to each
1184municipality for special law or ordinance violations filed in
1185circuit court shall be retained by the clerk of the court for
1186deposit into the clerk's fine and forfeiture fund established
1187pursuant to s. 142.01, except for fines a portion of which the
1188clerk of the court retains pursuant to any other provision of
1189state law. A municipality does not include the unincorporated
1190areas, if any, of a government created pursuant to s. 6(e), Art.
1191VIII of the State Constitution.
1192     Section 8.  Section 28.245, Florida Statutes, is amended to
1193read:
1194     28.245  Transmittal of funds to Department of Revenue;
1195uniform remittance form required.--Notwithstanding any other
1196provision of law, all moneys collected by the clerks of the
1197court as part of the clerk's court-related functions for
1198subsequent distribution to any state entity must be transmitted
1199electronically, by the 20th day of the month immediately
1200following the month in which the moneys are collected, to the
1201Department of Revenue for appropriate distribution. A uniform
1202remittance form provided by the Department of Revenue detailing
1203the specific amounts due each fund must accompany such
1204submittal. All moneys collected by the clerks of court for
1205remittance to any entity must be distributed pursuant to the law
1206in effect at the time of collection.
1207     Section 9.  Subsections (1) and (4) of section 28.246,
1208Florida Statutes, are amended to read:
1209     28.246  Payment of court-related fees, charges, and costs;
1210partial payments; distribution of funds.--
1211     (1)  Beginning July 1, 2003, the clerk of the circuit court
1212shall report the following information to the Legislature and
1213the Florida Clerks Clerk of Court Operations Corporation
1214Conference on a form developed by the Department of Financial
1215Services:
1216     (a)  The total amount of mandatory fees, service charges,
1217and costs; the total amount actually assessed; the total amount
1218discharged, waived, or otherwise not assessed; and the total
1219amount collected.
1220     (b)  The amount of discretionary fees, service charges, and
1221costs assessed; the total amount discharged; and the total
1222amount collected.
1223     (c)  The total amount of mandatory fines and other monetary
1224penalties; the total amount assessed; the total amount
1225discharged, waived, or otherwise not assessed; and the total
1226amount collected.
1227     (d)  The amount of discretionary fines and other monetary
1228penalties assessed; the amount discharged; and the total amount
1229collected.
1230
1231If provided to the clerk of court by the judge, the clerk, in
1232reporting the amount assessed, shall separately identify the
1233amount assessed pursuant to s. 938.30 as community service;
1234assessed by reducing the amount to a judgment or lien; satisfied
1235by time served; or other. The form developed by the Chief
1236Financial Officer shall include separate entries for recording
1237these amounts. The clerk shall submit the report on a quarterly
1238basis 30 days after the end of the quarter for the period from
1239July 1, 2003, through June 30, 2004, and on an annual basis
1240thereafter, 60 days after the end of the county fiscal year.
1241     (4)  The clerk of the circuit court shall accept partial
1242payments for court-related fees, service charges, costs, and
1243fines in accordance with the terms of an established payment
1244plan. An individual seeking to defer payment of fees, service
1245charges, costs, or fines imposed by operation of law or order of
1246the court under any provision of general law shall apply to the
1247clerk for enrollment in a payment plan. The clerk shall enter
1248into a payment plan with an individual who the court determines
1249is indigent for costs. A monthly payment amount, calculated
1250based upon all fees and all anticipated costs, is presumed to
1251correspond to the person's ability to pay if the amount does not
1252exceed 2 percent of the person's annual net income, as defined
1253in 27.52(1), divided by 12. The court may review the
1254reasonableness of the payment plan, and determined by the court
1255to be unable to make payment in full, shall be enrolled by the
1256clerk in a payment program, with periodic payment amounts
1257corresponding to the individual's ability to pay.
1258     Section 10.  Section 28.345, Florida Statutes, is amended
1259to read:
1260     28.345  Exemption from court-related fees and
1261charges.--Notwithstanding any other provision of this chapter or
1262law to the contrary, judges and those court staff acting on
1263behalf of judges, state attorneys, guardians ad litem, public
1264guardians, attorneys ad litem, court-appointed private counsel,
1265and public defenders, acting in their official capacity, and
1266state agencies, are exempt from all court-related fees and
1267charges assessed by the clerks of the circuit courts.
1268     Section 11.  Paragraph (a) of subsection (3) and paragraph
1269(b) of subsection (4) of section 28.36, Florida Statutes, are
1270amended, subsection (6) is renumbered as subsection (7), and a
1271new subsection (6) is added to said section, to read:
1272     28.36  Budget procedure.--There is hereby established a
1273budget procedure for the court-related functions of the clerks
1274of the court.
1275     (3)  Each proposed budget shall further conform to the
1276following requirements:
1277     (a)  On or before August 15 1 for each fiscal year
1278thereafter, the proposed budget shall be prepared, summarized,
1279and submitted by the clerk in each county to the Clerks of Court
1280Operations Corporation in the manner and form prescribed by the
1281corporation conference. The proposed budget must provide
1282detailed information on the anticipated revenues available and
1283expenditures necessary for the performance of the standard list
1284of court-related functions of the clerk's office developed
1285pursuant to s. 28.35(4)(a) for the county fiscal year beginning
1286the following October 1.
1287     (4)  If a clerk of the court estimates that available funds
1288plus projected revenues from fines, fees, service charges, and
1289costs for court-related services are insufficient to meet the
1290anticipated expenditures for the standard list of court-related
1291functions in s. 28.35(4)(a) performed by his or her office, the
1292clerk must report the revenue deficit to the Clerks of Court
1293Operations Corporation in the manner and form prescribed by the
1294corporation pursuant to contract with the Chief Financial
1295Officer. The corporation shall verify that the proposed budget
1296is limited to the standard list of court-related functions in s.
129728.35(4)(a).
1298     (b)  If the Chief Financial Officer Department of Revenue
1299finds the court-related budget proposed by a clerk includes
1300functions not included in the standard list of court-related
1301functions in s. 28.35(4)(a) 28.35(3)(a), the Chief Financial
1302Officer department shall notify the clerk of the amount of the
1303proposed budget not eligible to be funded from fees, service
1304charges, costs, and fines for court-related functions and shall
1305identify appropriate corrective measures to ensure budget
1306integrity. The clerk shall then immediately discontinue all
1307ineligible the expenditures of court-related funds for this
1308purpose and reimburse the Clerks of the Court Trust Fund for any
1309previously ineligible expenditures made for non-court-related
1310functions, and shall implement any corrective actions identified
1311by the Chief Financial Officer incurred to date for these
1312functions.
1313(6)  The Florida Clerks of Court Operations Corporation,
1314upon review and approval by the Chief Financial Officer, may
1315approve adjustments to the clerk's maximum annual budget for
1316court-related duties if either of the following conditions
1317exists:
1318     (a)  The additional funding is necessary to pay the cost of
1319performing new or additional functions required by changes in
1320law and the legislation which establishes the new or additional
1321functions specifically authorizes, by reference to this
1322subsection, the adjustment of maximum annual budgets; or
1323(b)  The additional funding is necessary to pay the cost of
1324supporting increases in the number of judges or magistrates
1325authorized by the Legislature and the legislation which
1326establishes additional judges or magistrates specifically
1327authorizes, by reference to this subsection, the adjustment of
1328maximum annual budgets.
1329
1330Before the maximum annual budget of any clerk can be increased
1331pursuant to this subsection, the corporation shall provide the
1332Chief Financial Officer and the Legislative Budget Commission
1333with a statement of the impact of the proposed budget changes on
1334state revenues, performance data indicating unit costs for the
1335affected clerk as compared to statewide averages, evidence that
1336the respective clerk of the court is meeting or exceeding the
1337established performance standards for measures on the fiscal
1338management, operational efficiency, and effective collection of
1339fines, fees, service charges, and court costs, and a proposed
1340staffing model, including the cost and number of staff necessary
1341to support additional statutory responsibilities for each new
1342judge or magistrate. If not otherwise specified in the
1343legislation that establishes additional responsibilities, judges
1344or magistrates, any adjustments approved by the corporation
1345pursuant to this subsection shall not, in the aggregate, exceed
13461 percent of the aggregate statewide maximum annual budgets that
1347would otherwise be established pursuant to the methodology
1348required by this section. Any adjustment to a maximum annual
1349budget authorized by this subsection is subject to review and
1350approval by the Legislative Budget Commission pursuant to
1351chapter 216.
1352     (7)(6)  The corporation may submit proposed legislation to
1353the Governor, the President of the Senate, and the Speaker of
1354the House of Representatives no later than November 1 in any
1355year for approval of clerk budget request amounts exceeding the
1356restrictions in this section for the following October 1. If
1357proposed legislation is recommended, the corporation shall also
1358submit supporting justification with sufficient detail to
1359identify the specific proposed expenditures that would cause the
1360limitations to be exceeded for each affected clerk and the
1361estimated fiscal impact on state revenues.
1362     Section 12.  Subsection (4) of section 28.37, Florida
1363Statutes, is amended to read:
1364     28.37  Fines, fees, service charges, and costs remitted to
1365the state.--
1366     (4)  Beginning January 1, 2005, for the period July 1,
13672004, through September 30, 2004, and each January 1 thereafter
1368for the preceding county fiscal year of October 1 through
1369September 30, the clerk of the court must remit to the
1370Department of Revenue for deposit in the General Revenue Fund
1371the cumulative excess of all fees, service charges, court costs,
1372and fines retained by the clerks of the court, plus any funds
1373received by the clerks of the court from the Department of
1374Revenue Clerk of the Court Trust Fund under s. 28.36(4)(a), over
1375the amount needed to meet the approved budget amounts
1376established under s. 28.36.
1377     Section 13.  Section 28.44, Florida Statutes, is created to
1378read:
1379     28.44  Clerk discontinuance of court-related functions.--
1380     (1)  No function of the clerk of court being performed in
1381support of the trial courts by the individual clerks of court on
1382July 1, 2004, may be discontinued or substantially modified on a
1383unilateral basis except pursuant to this section. A clerk of
1384court may discontinue performing a function performed in support
1385of the trial court only if:
1386     (a)  The chief judge of the circuit has consented in
1387writing to the discontinuance or substantial modification of the
1388function performed in support of the trial court; or
1389     (b)  The clerk of court has given written notice of the
1390intention to substantially modify or discontinue a function
1391performed in support of the trial court at least one year before
1392the effective date of the discontinuance or substantial
1393modification of the function.
1394     (2)  "Substantial modification" of a function performed in
1395support of the trial court means a modification which has the
1396effect of reducing the level of services provided to the trial
1397court.
1398     Section 14.  Subsection (6) of section 29.004, Florida
1399Statutes, is amended to read:
1400     29.004  State courts system.--For purposes of implementing
1401s. 14, Art. V of the State Constitution, the elements of the
1402state courts system to be provided from state revenues
1403appropriated by general law are as follows:
1404     (6)  Expert witnesses who not requested by any party which
1405are appointed by the court pursuant to an express grant of
1406statutory authority.
1407     Section 15.  Subsections (4), (5), (6), (7), and (8) of
1408section 29.005, Florida Statutes, are amended to read:
1409     29.005  State attorneys' offices and prosecution
1410expenses.--For purposes of implementing s. 14, Art. V of the
1411State Constitution, the elements of the state attorneys' offices
1412to be provided from state revenues appropriated by general law
1413are as follows:
1414     (4)  Mental health professionals appointed pursuant to s.
1415394.473 and required in a court hearing involving an indigent,
1416and mental health professionals appointed pursuant to s.
1417916.115(2) and required in a court hearing involving an
1418indigent.
1419     (4)(5)  Reasonable transportation services in the
1420performance of constitutional and statutory responsibilities.
1421Motor vehicles owned by the counties and provided exclusively to
1422state attorneys as of July 1, 2003, and any additional vehicles
1423owned by the counties and provided exclusively to state
1424attorneys during fiscal year 2003-2004 shall be transferred by
1425title to the state effective July 1, 2004.
1426     (5)(6)  Travel expenses reimbursable under s. 112.061
1427reasonably necessary in the performance of constitutional and
1428statutory responsibilities.
1429     (6)(7)  Reasonable library and electronic legal research
1430services, other than a public law library.
1431     (7)(8)  Reasonable pretrial consultation fees and costs.
1432     Section 16.  Section 29.007, Florida Statutes, is amended
1433to read:
1434     29.007  Court-appointed counsel.--For purposes of
1435implementing s. 14, Art. V of the State Constitution, the
1436elements of court-appointed counsel to be provided from state
1437revenues appropriated by general law are as follows:
1438     (1)  Private attorneys appointed by the court to handle
1439cases where the defendant is indigent and cannot be represented
1440by the public defender under ss. 27.42 and 27.53.
1441     (2)  Private attorneys appointed by the court to represent
1442indigents or other classes of litigants in civil proceedings
1443requiring court-appointed counsel in accordance with state and
1444federal constitutional guarantees and federal and state
1445statutes.
1446     (3)  Reasonable court reporting and transcription services
1447necessary to meet constitutional or statutory requirements,
1448including the cost of transcribing and copying depositions of
1449witnesses and the cost of foreign language and sign-language
1450interpreters and translators.
1451     (4)  Witnesses, including expert witnesses, summoned to
1452appear for an investigation, preliminary hearing, or trial in a
1453case when the witnesses are summoned on behalf of an indigent,
1454and any other expert witnesses approved by the court.
1455     (5)  Mental health professionals appointed pursuant to s.
1456394.473 and required in a court hearing involving an indigent,
1457and mental health professionals appointed pursuant to s.
1458916.115(2) and required in a court hearing involving an
1459indigent, and any other mental health professionals expressly
1460required by law for the full adjudication of any civil case
1461involving an indigent person.
1462     (6)  Reasonable pretrial consultation fees and costs.
1463     (7)  Travel expenses reimbursable under s. 112.061
1464reasonably necessary in the performance of constitutional and
1465statutory responsibilities.
1466
1467Subsections (3), (4), (5), (6), and (7) apply when court-
1468appointed counsel is appointed; when the court determines that
1469the litigant is indigent for costs; or when the litigant is
1470acting pro se and the court determines that the litigant is
1471indigent for costs at the trial or appellate level. This section
1472applies in any situation in which the court appoints counsel to
1473protect a litigant's due-process rights. The Justice
1474Administrative Commission shall approve uniform contract forms
1475for use in processing payments for due process services under
1476this section. In each case in which a private attorney
1477represents a person determined by the court to be indigent for
1478costs, the attorney shall execute the commission's contract for
1479private attorneys representing persons determined to be indigent
1480for costs.
1481     Section 17.  Subsection (1) of section 29.008, Florida
1482Statutes, is amended to read:
1483     29.008  County funding of court-related functions.--
1484     (1)  Counties are required by s. 14, Art. V of the State
1485Constitution to fund the cost of communications services,
1486existing radio systems, existing multiagency criminal justice
1487information systems, and the cost of construction or lease,
1488maintenance, utilities, and security of facilities for the
1489circuit and county courts, public defenders' offices, state
1490attorneys' offices, guardian ad litem offices, and the offices
1491of the clerks of the circuit and county courts performing court-
1492related functions. For purposes of this section, the term
1493"circuit and county courts" shall include the offices and
1494staffing of the guardian ad litem programs. The county
1495designated under s. 35.05(1) as the headquarters for each
1496appellate district shall fund these costs for the appellate
1497division of the public defender's office in that county. For
1498purposes of implementing these requirements, the term:
1499     (a)  "Facility" means reasonable and necessary buildings
1500and office space and appurtenant equipment and furnishings,
1501structures, real estate, easements, and related interests in
1502real estate, including, but not limited to, those for the
1503purpose of housing legal materials for use by the general public
1504and personnel, equipment, or functions of the circuit or county
1505courts, public defenders' offices, state attorneys' offices, and
1506court-related functions of the office of the clerks of the
1507circuit and county courts and all storage. The term "facility"
1508includes all wiring necessary for court-reporting services. The
1509term also includes access to parking for such facilities in
1510connection with such court-related functions that may be
1511available free or from a private provider or a local government
1512for a fee. The office space provided by a county may not be less
1513than the standards for space allotment adopted by the Department
1514of Management Services, except this requirement applies only to
1515facilities that are leased, or on which construction commences,
1516after June 30, 2003. County funding must include physical
1517modifications and improvements to all facilities as are required
1518for compliance with the Americans with Disabilities Act. Upon
1519mutual agreement of a county and the affected entity in this
1520paragraph, the office space provided by the county may vary from
1521the standards for space allotment adopted by the Department of
1522Management Services. This section applies only to facilities
1523that are leased, or on which construction commences, after June
152430, 2003.
1525     1.  As of July 1, 2005, equipment and furnishings shall be
1526limited to that appropriate and customary for courtrooms,
1527hearing rooms, jury facilities, and other public areas in
1528courthouses and any other facility occupied by the courts, state
1529attorneys, and public defenders. Court-reporting equipment in
1530these areas or facilities is not a responsibility of the county.
1531     2.  Equipment and furnishings under this paragraph in
1532existence and owned by counties on July 1, 2005, except for that
1533in the possession of the clerks, for areas other than
1534courtrooms, hearing rooms, jury facilities, and other public
1535areas in courthouses and any other facility occupied by the
1536courts, state attorneys, and public defenders, shall be
1537transferred to the state at no charge. This provision does not
1538apply to any communication services as defined in paragraph (f).
1539     (b)  "Construction or lease" includes, but is not limited
1540to, all reasonable and necessary costs of the acquisition or
1541lease of facilities for all judicial officers, staff, jurors,
1542volunteers of a tenant agency, and the public for the circuit
1543and county courts, the public defenders' offices, state
1544attorneys' offices, and for performing the court-related
1545functions of the offices of the clerks of the circuit and county
1546courts. This includes expenses related to financing such
1547facilities and the existing and future cost and bonded
1548indebtedness associated with placing the facilities in use.
1549     (c)  "Maintenance" includes, but is not limited to, all
1550reasonable and necessary costs of custodial and groundskeeping
1551services and renovation and reconstruction as needed to
1552accommodate functions for the circuit and county courts, the
1553public defenders' offices, and state attorneys' offices and for
1554performing the court-related functions of the offices of the
1555clerks of the circuit and county court and for maintaining the
1556facilities in a condition appropriate and safe for the use
1557intended.
1558     (d)  "Utilities" means all electricity services for light,
1559heat, and power; natural or manufactured gas services for light,
1560heat, and power; water and wastewater services and systems,
1561stormwater or runoff services and systems, sewer services and
1562systems, all costs or fees associated with these services and
1563systems, and any costs or fees associated with the mitigation of
1564environmental impacts directly related to the facility.
1565     (e)  "Security" includes but is not limited to, all
1566reasonable and necessary costs of services of law enforcement
1567officers or licensed security guards and all electronic,
1568cellular, or digital monitoring and screening devices necessary
1569to ensure the safety and security of all persons visiting or
1570working in a facility; to provide for security of the facility,
1571including protection of property owned by the county or the
1572state; and for security of prisoners brought to any facility.
1573This includes bailiffs while providing courtroom and other
1574security for each judge and other quasi-judicial officers.
1575     (f)  "Communications services" are defined as any
1576reasonable and necessary transmission, emission, and reception
1577of signs, signals, writings, images, and sounds of intelligence
1578of any nature by wire, radio, optical, audio equipment, or other
1579electromagnetic systems and includes all facilities and
1580equipment owned, leased, or used by judges, clerks, public
1581defenders, state attorneys, and all staff of the state courts
1582system, state attorneys' offices, public defenders' offices, and
1583clerks of the circuit and county courts performing court-related
1584functions. Such system or services shall include, but not be
1585limited to:
1586     1.  Telephone system infrastructure, including computer
1587lines, telephone switching equipment, and maintenance, and
1588facsimile equipment, wireless communications, cellular
1589telephones, pagers, and video teleconferencing equipment and
1590line charges. Each county shall continue to provide access to a
1591local carrier for local and long distance service and shall pay
1592toll charges for local and long distance service.
1593     2.  All computer networks, systems and equipment, including
1594computer hardware and software, modems, printers, wiring,
1595network connections, maintenance, support staff or services
1596including any county-funded support staff located in the offices
1597of the circuit court, county courts, state attorneys, and public
1598defenders, training, supplies, and line charges necessary for an
1599integrated computer system to support the operations and
1600management of the state courts system, the offices of the public
1601defenders, the offices of the state attorneys, and the offices
1602of the clerks of the circuit and county courts and the
1603capability to connect those entities and reporting data to the
1604state as required for the transmission of revenue, performance
1605accountability, case management, data collection, budgeting, and
1606auditing purposes. The integrated computer system shall be
1607operational by July 1, 2006, and, at a minimum, permit the
1608exchange of financial, performance accountability, case
1609management, case disposition, and other data across multiple
1610state and county information systems involving multiple users at
1611both the state level and within each judicial circuit and be
1612able to electronically exchange judicial case background data,
1613sentencing scoresheets, and video evidence information stored in
1614integrated case management systems over secure networks. Once
1615the integrated system becomes operational, counties may reject
1616requests to purchase communication services included in this
1617subparagraph not in compliance with standards, protocols, or
1618processes adopted by the board established pursuant to s.
161929.0086.
1620     3.  Courier messenger and subpoena services.
1621     4.  Auxiliary aids and services for qualified individuals
1622with a disability which are necessary to ensure access to the
1623courts. Such auxiliary aids and services include, but are not
1624limited to, sign language interpretation services required under
1625the federal Americans with Disabilities Act other than services
1626required to satisfy due-process due process requirements and
1627identified as a state funding responsibility pursuant to ss.
162829.004, 29.005, 29.006, and 29.007, real-time transcription
1629services for individuals who are hearing impaired, and assistive
1630listening devices and the equipment necessary to implement such
1631accommodations.
1632     (g)  "Existing radio systems" includes, but is not limited
1633to, law enforcement radio systems that are used by the circuit
1634and county courts, the offices of the public defenders, the
1635offices of the state attorneys, and for court-related functions
1636of the offices of the clerks of the circuit and county courts.
1637This includes radio systems that were operational or under
1638contract at the time Revision No. 7, 1998, to Art. V of the
1639State Constitution was adopted and any enhancements made
1640thereafter, the maintenance of those systems, and the personnel
1641and supplies necessary for operation.
1642     (h)  "Existing multiagency criminal justice information
1643systems" includes, but is not limited to, those components of
1644the multiagency criminal justice information system as defined
1645in s. 943.045, supporting the offices of the circuit or county
1646courts, the public defenders' offices, the state attorneys'
1647offices, or those portions of the offices of the clerks of the
1648circuit and county courts performing court-related functions
1649that are used to carry out the court-related activities of those
1650entities. This includes upgrades and maintenance of the current
1651equipment, maintenance and upgrades of supporting technology
1652infrastructure and associated staff, and services and expenses
1653to assure continued information sharing and reporting of
1654information to the state. The counties shall also provide
1655additional information technology services, hardware, and
1656software as needed for new judges and staff of the state courts
1657system, state attorneys' offices, public defenders' offices, and
1658the offices of the clerks of the circuit and county courts
1659performing court-related functions.
1660     Section 18.  Section 29.0081, Florida Statutes, is
1661created to read:
1662     29.0081  County funding of additional court
1663personnel.--
1664     (1)  A county and the chief judge of a judicial circuit
1665that includes that county may enter into an agreement under
1666which the county funds personnel positions to assist in the
1667operation of the circuit.
1668     (2)  The agreement shall, at a minimum, provide that:
1669     (a)  Funding for the positions is provided on at least
1670a court fiscal-year basis.
1671     (b)  The personnel whose employment is funded under the
1672agreement are employees of the judicial circuit and are hired,
1673supervised, managed, and fired by personnel of the judicial
1674circuit.
1675     (c)  The positions terminate upon the expiration of, or
1676substantial breach of, the agreement or upon the expiration of
1677county funding for the positions.
1678     (3)  Positions funded under this section shall be
1679full-time equivalent positions of the judicial circuit but
1680shall not count against any formula or similar process used by
1681the Office of the State Courts Administrator to determine
1682personnel needs or levels of a judicial circuit.
1683     (4)  Nothing in this section obligates the state to
1684fund any personnel positions.
1685     Section 19.  Subsection (2) of section 29.015, Florida
1686Statutes, is amended to read:
1687     29.015  Contingency fund; limitation of authority to
1688transfer funds in contracted due process services appropriation
1689categories.--
1690     (2)  In the event that a state attorney or public defender
1691incurs a deficit in a contracted due process services
1692appropriation category, the following steps shall be taken in
1693order:
1694     (a)  The state attorney or public defender shall first
1695attempt to identify surplus funds from other appropriation
1696categories within his or her office and submit a budget
1697amendment pursuant to chapter 216 to transfer funds from within
1698the office.
1699     (b)  In the event that the state attorney or public
1700defender is unable to identify surplus funds from within his or
1701her office, he or she shall certify this to the Justice
1702Administrative Commission along with a complete explanation of
1703the circumstances which led to the deficit and steps the office
1704has taken to reduce or alleviate the deficit. The Justice
1705Administrative Commission shall inquire as to whether any other
1706office has surplus funds in its contracted due process services
1707appropriation categories which can be transferred to the office
1708that is experiencing the deficit. If other offices indicate that
1709surplus funds are available within the same appropriation
1710category, the Justice Administrative Commission shall transfer
1711the amount needed to fund the deficit and notify the Governor
1712and the chair and vice chair of the Legislative Budget
1713Commission 14 days prior to a transfer pursuant to the notice,
1714review, and objection provisions of s. 216.177. If funds
1715appropriated for this purpose are available in a different
1716budget entity, the Justice Administrative Commission shall
1717request a budget amendment pursuant to chapter 216 request a
1718budget amendment to transfer funds from the office or offices to
1719alleviate the deficit upon agreement of the contributing office
1720or offices.
1721     (c)  If no office indicates that surplus funds are
1722available to alleviate the deficit, the Justice Administrative
1723Commission may request a budget amendment to transfer funds from
1724the contingency fund. Such transfers shall be in accordance with
1725all applicable provisions of chapter 216 and shall be subject to
1726review and approval by the Legislative Budget Commission. The
1727Justice Administrative Commission shall submit the documentation
1728provided by the office explaining the circumstances that led to
1729the deficit and the steps taken by the office and the Justice
1730Administrative Commission to identify surplus funds to the
1731Legislative Budget Commission.
1732     Section 20.  Section 29.018, Florida Statutes, is amended
1733to read:
1734     29.018  Cost sharing of due-process services due process
1735costs; legislative intent.--It is the intent of the Legislature
1736to provide state-funded due-process due process services to the
1737state courts system, state attorneys, public defenders, and
1738court-appointed counsel in the most cost-effective and efficient
1739manner. The state courts system, state attorneys, public
1740defenders, and the Justice Administrative Commission on behalf
1741of court-appointed counsel may enter into contractual agreements
1742to share, on a pro rata basis, the costs associated with court
1743reporting services, court interpreter and translation services,
1744court experts, and all other due-process due process services
1745funded by the state pursuant to this chapter. These costs shall
1746be budgeted within the funds appropriated to each of the
1747affected users of services.
1748     Section 21.  Section 29.0185, Florida Statutes, is created
1749to read:
1750     29.0185  Provision of state-funded due-process services to
1751individuals.--Due-process services may not be provided with
1752state revenues to an individual unless the individual on whose
1753behalf the due-process services are being provided is eligible
1754for court-appointed counsel under s. 27.40, based upon a
1755determination of indigency under s. 27.52, regardless of whether
1756such counsel is appointed or the individual on whose behalf the
1757due process services are being provided is eligible for court-
1758appointed counsel under s. 27.40 and has been determined
1759indigent for costs pursuant to s. 27.52.
1760     Section 22.  Subsection (1) of section 34.045, Florida
1761Statutes, is amended to read:
1762     34.045  Cost recovery; use of the county court for
1763ordinance or special law violations.--
1764     (1)(a)  In lieu of payment of a filing fee under s. 34.041,
1765a filing fee of $10 shall be paid by a county or municipality
1766when filing a violation of a county or municipal ordinance or a
1767violation of a special law in county court. This fee shall be
1768paid to the clerk of the court for performing court-related
1769functions. A county or municipality is not required to pay more
1770than one filing fee for a single filing against a single
1771defendant that contains multiple alleged violations. A filing
1772fee, other than that imposed under this section, may not be
1773assessed for initiating an enforcement proceeding in county
1774court for a violation of a county or municipal code or ordinance
1775or a violation of a special law. The filing fee shall not apply
1776to instances in which a county or municipality has contracted
1777with the state, or has been delegated by the state,
1778responsibility for enforcing state operations, policies, or
1779requirements under s. 125.69, s. 166.0415, or chapter 162.
1780     (b)  No other filing fee may be assessed for filing the
1781violation in county court. If a person contests the violation in
1782court, the court shall assess $40 in costs against the
1783nonprevailing party. The county or municipality shall be
1784considered the prevailing party when there is a plea or finding
1785of violation or guilt to any count or lesser included offense of
1786the charge or companion case charges, regardless of
1787adjudication. Costs Cost recovered pursuant to this paragraph
1788shall be deposited into the clerk's fine and forfeiture fund
1789established pursuant to s. 142.01.
1790     (c)  If the person does not contest the violation in court
1791or if the county or municipality is the prevailing party, the
1792court shall assess the person or nonprevailing party $10 for the
1793filing fee provided in paragraph (a), which amount shall be
1794forwarded to the county or municipality.
1795     Section 23.  Section 34.191, Florida Statutes, is amended
1796to read:
1797     34.191  Fines and forfeitures; dispositions.--
1798     (1)  All fines and forfeitures arising from offenses tried
1799in the county court shall be collected and accounted for by the
1800clerk of the court and, other than the charge provided in s.
1801318.1215, disbursed in accordance with ss. 28.2402, 34.045,
1802142.01, and 142.03 142.13 and subject to the provisions of s.
180328.246(5) and (6). Notwithstanding the provisions of this
1804section, all fines and forfeitures arising from operation of the
1805provisions of s. 318.1215 shall be disbursed in accordance with
1806that section.
1807     (2)  All fines and forfeitures received from violations of
1808municipal ordinances committed within a municipality within the
1809territorial jurisdiction of the county court, other than the
1810charge provided in s. 318.1215, shall be paid monthly to the
1811municipality except as provided in s. 28.2402(2), s. 34.045(2),
1812s. 318.21, or s. 943.25. A municipality does not include the
1813unincorporated areas, if any, of a government created pursuant
1814to s. 6(e), Art. VIII of the State Constitution.
1815     (3)  All other fines and forfeitures collected by the
1816clerk, other than the charge provided in s. 318.1215, shall be
1817considered income of the office of the clerk for use in
1818performing court-related duties of the office.
1819     Section 24.  Subsection (3) of section 39.0132, Florida
1820Statutes, is amended to read:
1821     39.0132  Oaths, records, and confidential information.--
1822     (3)  The clerk shall keep all court records required by
1823this chapter separate from other records of the circuit court.
1824All court records required by this chapter shall not be open to
1825inspection by the public. All records shall be inspected only
1826upon order of the court by persons deemed by the court to have a
1827proper interest therein, except that, subject to the provisions
1828of s. 63.162, a child and the parents of the child and their
1829attorneys, guardian ad litem, law enforcement agencies, and the
1830department and its designees shall always have the right to
1831inspect and copy any official record pertaining to the child.
1832The Justice Administrative Commission may inspect court dockets
1833required by this chapter as necessary to audit compensation of
1834court-appointed attorneys. If the docket is insufficient for
1835purposes of the audit, the commission may petition the court for
1836additional documentation as necessary and appropriate. The court
1837may permit authorized representatives of recognized
1838organizations compiling statistics for proper purposes to
1839inspect and make abstracts from official records, under whatever
1840conditions upon their use and disposition the court may deem
1841proper, and may punish by contempt proceedings any violation of
1842those conditions.
1843     Section 25.  Subsection (1) of section 39.821, Florida
1844Statutes, is amended to read:
1845     39.821  Qualifications of guardians ad litem.--
1846     (1)  Because of the special trust or responsibility placed
1847in a guardian ad litem, the Guardian Ad Litem Program may use
1848any private funds collected by the program, or any state funds
1849so designated, to conduct a security background investigation
1850before certifying a volunteer to serve. A security background
1851investigation must include, but need not be limited to,
1852employment history checks, checks of references, local criminal
1853records checks through local law enforcement agencies, and
1854statewide criminal records checks through the Department of Law
1855Enforcement. Upon request, an employer shall furnish a copy of
1856the personnel record for the employee or former employee who is
1857the subject of a security background investigation conducted
1858under this section. The information contained in the personnel
1859record may include, but need not be limited to, disciplinary
1860matters and the reason why the employee was terminated from
1861employment. An employer who releases a personnel record for
1862purposes of a security background investigation is presumed to
1863have acted in good faith and is not liable for information
1864contained in the record without a showing that the employer
1865maliciously falsified the record. A security background
1866investigation conducted under this section must ensure that a
1867person is not certified as a guardian ad litem if the person has
1868been convicted of, regardless of adjudication, or entered a plea
1869of nolo contendere or guilty to, any offense prohibited under
1870the provisions of the Florida Statutes specified in s. 435.04(2)
1871or under any similar law in another jurisdiction. Before
1872certifying an applicant to serve as a guardian ad litem, the
1873Guardian Ad Litem Program chief judge of the circuit court may
1874request a federal criminal records check of the applicant
1875through the Federal Bureau of Investigation. In analyzing and
1876evaluating the information obtained in the security background
1877investigation, the program must give particular emphasis to past
1878activities involving children, including, but not limited to,
1879child-related criminal offenses or child abuse. The program has
1880the sole discretion in determining whether to certify a person
1881based on his or her security background investigation. The
1882information collected pursuant to the security background
1883investigation is confidential and exempt from s. 119.07(1).
1884     Section 26.  Section 39.822, Florida Statutes, is amended
1885to read:
1886     39.822  Appointment of guardian ad litem for abused,
1887abandoned, or neglected child.--
1888     (1)  A guardian ad litem shall be appointed by the court at
1889the earliest possible time to represent the child in any child
1890abuse, abandonment, or neglect judicial proceeding, whether
1891civil or criminal. Any person participating in a civil or
1892criminal judicial proceeding resulting from such appointment
1893shall be presumed prima facie to be acting in good faith and in
1894so doing shall be immune from any liability, civil or criminal,
1895that otherwise might be incurred or imposed.
1896     (2)  In those cases in which the parents are financially
1897able, the parent or parents of the child shall reimburse the
1898court, in part or in whole, for the cost of provision of
1899guardian ad litem services. Reimbursement to the individual
1900providing guardian ad litem services shall not be contingent
1901upon successful collection by the court from the parent or
1902parents.
1903     (3)  Upon presentation by a guardian ad litem of a court
1904order appointing the guardian ad litem:
1905     (a)  An agency, as defined in chapter 119, shall allow the
1906guardian ad litem to inspect and copy records related to the
1907best interests of the child who is the subject of the
1908appointment, including, but not limited to, records made
1909confidential or exempt from s. 119.07(1) or s. 24(a), Art. I of
1910the State Constitution. The guardian ad litem shall maintain the
1911confidential or exempt status of any records shared by an agency
1912under this paragraph.
1913     (b)  A person or organization, other than an agency under
1914paragraph (a), shall allow the guardian ad litem to inspect and
1915copy any records related to the best interests of the child who
1916is the subject of the appointment, including, but not limited
1917to, confidential records.
1918
1919For the purposes of this subsection, the term "records related
1920to the best interests of the child" includes, but is not limited
1921to, medical, mental health, substance abuse, child care,
1922education, law enforcement, court, social services, and
1923financial records.
1924     (4)(3)  The guardian ad litem or the program representative
1925shall review all disposition recommendations and changes in
1926placements, and must be present at all critical stages of the
1927dependency proceeding or submit a written report of
1928recommendations to the court. Written reports must be filed with
1929the court and served on all parties whose whereabouts are known
1930at least 72 hours prior to the hearing.
1931     Section 27.  Subsection (1) of section 40.29, Florida
1932Statutes, is amended to read:
1933     40.29  Payment of due-process due process costs.--
1934     (1)(a)  Each clerk of the circuit court, on behalf of the
1935courts, the state attorney, court-appointed counsel, and the
1936public defender, shall forward to the Justice Administrative
1937Commission, by county, a quarterly estimate of funds necessary
1938to pay for ordinary witnesses, including, but not limited to,
1939witnesses in civil traffic cases and witnesses of the state
1940attorney, public defender, court-appointed counsel, and persons
1941determined to be indigent for costs except expert witnesses paid
1942pursuant to a contract or other professional services agreement,
1943pursuant to ss. 29.005 and 29.006. Each quarter of the state
1944fiscal year, the commission, based upon the estimates, shall
1945advance funds to each clerk to pay for these ordinary witnesses
1946from state funds specifically appropriated for the payment of
1947ordinary witnesses.
1948     (b)  Each clerk of the circuit court shall forward to the
1949Office of the State Courts Administrator, by county, a quarterly
1950estimate of funds necessary to pay juror compensation.
1951     Section 28.  Section 40.355, Florida Statutes, is created
1952to read:
1953     40.355  Accounting and payment to public defenders and
1954state attorneys.--The clerk of the court shall, within 2 weeks
1955after the last day of the state's fiscal year, render to the
1956state attorney and the public defender in each circuit a full
1957statement of accounts for moneys received and disbursed under
1958this chapter.
1959     Section 29.  Subsections (5) and (6) of  section 43.16,
1960Florida Statutes, are amended, and subsection (7) is added to
1961said section, to read:
1962     43.16  Justice Administrative Commission; membership,
1963powers and duties.--
1964     (5)  The duties of the commission shall include, but not be
1965limited to, the following:
1966     (a)  The maintenance of a central state office for
1967administrative services and assistance when possible to and on
1968behalf of the state attorneys and public defenders of Florida,
1969the office of capital collateral representative of Florida, and
1970the Guardian Ad Litem Program Judicial Qualifications
1971Commission.
1972     (b)  Each state attorney and public defender and the
1973Guardian Ad Litem Program Judicial Qualifications Commission
1974shall continue to prepare necessary budgets, vouchers which
1975represent valid claims for reimbursement by the state for
1976authorized expenses, and other things incidental to the proper
1977administrative operation of the office, such as revenue
1978transmittals to the Chief Financial Officer and automated
1979systems plans, but will forward same to the commission for
1980recording and submission to the proper state officer. However,
1981when requested by a state attorney or a public defender or the
1982Guardian Ad Litem Program Judicial Qualifications Commission,
1983the commission will either assist in the preparation of budget
1984requests, voucher schedules, and other forms and reports or
1985accomplish the entire project involved.
1986     (6)  The provisions contained in this section shall be
1987supplemental to those of chapter 27, relating to state attorneys
1988and public defenders; to those of chapter 39 s. 43.20, relating
1989to the Guardian Ad Litem Program Judicial Qualifications
1990Commission; or to other laws pertaining hereto.
1991     (7)  Chapter 120 does not apply to the Justice
1992Administrative Commission.
1993     Section 30.  Subsection (6) is added to section 43.26,
1994Florida Statutes, to read:
1995     43.26  Chief judge of circuit; selection; powers.--
1996     (6)  The chief judge of each circuit is charged by s. 2(d),
1997Art. V of the Florida Constitution and this section with the
1998authority to promote the prompt and efficient administration of
1999justice in the courts over which he or she is chief judge. The
2000clerks of court provide court-related functions which are
2001essential to the orderly operation of the judicial branch. The
2002chief judge of each circuit, after consultation with the clerk
2003of court, shall determine the priority of services provided by
2004the clerk of court to the trial court. The clerk of court shall
2005manage the performance of such services in a method or manner
2006that is consistent with statute, rule, or administrative order.
2007     Section 31.  Paragraph (b) of subsection (4) of section
200844.102, Florida Statutes, is amended to read:
2009     44.102  Court-ordered mediation.--
2010     (4)  The chief judge of each judicial circuit shall
2011maintain a list of mediators who have been certified by the
2012Supreme Court and who have registered for appointment in that
2013circuit.
2014     (b)  Nonvolunteer mediators shall be compensated according
2015to rules adopted by the Supreme Court. If a mediation program is
2016funded pursuant to s. 44.108, a mediator may be compensated by
2017the county or by the parties. When a party has been declared
2018indigent or insolvent, that party's pro rata share of a
2019mediator's compensation shall be paid by the county at the rate
2020set by administrative order of the chief judge of the circuit.
2021     Section 32.  Section 44.108, Florida Statutes, is amended
2022to read:
2023     44.108  Funding of mediation and arbitration.--
2024     (1)  Mediation and arbitration should be accessible to all
2025parties regardless of financial status. A filing fee of $1 is
2026levied on all proceedings in the circuit or county courts to
2027fund mediation and arbitration services which are the
2028responsibility of the Supreme Court pursuant to the provisions
2029of s. 44.106. The clerk of the court shall forward the moneys
2030collected to the Department of Revenue for deposit in the state
2031courts' Mediation and Arbitration Trust Fund.
2032     (2)  When court-ordered mediation services are provided by
2033a circuit court's mediation program, the following fees, unless
2034otherwise established in the General Appropriations Act, shall
2035be collected by the clerk of court:
2036     (a)  Eighty dollars per person per scheduled session in
2037family mediation when the parties' combined income is greater
2038than $50,000, but less than $100,000 per year;
2039     (b)  Forty dollars per person per scheduled session in
2040family mediation when the parties' combined income is less than
2041$50,000; or
2042     (c)  Forty dollars per person per scheduled session in
2043county court cases.
2044
2045No mediation fees shall be assessed under this subsection in
2046residential eviction cases, against a party found to be
2047indigent, or for any small claims action. Fees collected by the
2048clerk of court pursuant to this section shall be remitted to the
2049Department of Revenue for deposit into the state courts'
2050Mediation and Arbitration Trust Fund to fund court-ordered
2051mediation. The clerk of court may deduct $1 per fee assessment
2052for processing this fee. The clerk of the court shall submit to
2053the chief judge of the circuit, no later than 30 days after the
2054end of each quarter, a report specifying the amount of funds
2055collected under this section during each quarter of the fiscal
2056year.
2057     Section 33.  Subsection (1) of section 57.081, Florida
2058Statutes, is amended to read:
2059     57.081  Costs; right to proceed where prepayment of costs
2060waived.--
2061     (1)  Any indigent person, except a prisoner as defined in
2062s. 57.085, who is a party or intervenor in any judicial or
2063administrative agency proceeding or who initiates such
2064proceeding shall receive the services of the courts, sheriffs,
2065and clerks, with respect to such proceedings, despite his or her
2066present inability to pay for these services. Such services are
2067limited to filing fees; service of process; certified copies of
2068orders or final judgments; a single photocopy of any court
2069pleading, record, or instrument filed with the clerk; examining
2070fees; mediation services and fees; private court-appointed
2071counsel fees; subpoena fees and services; service charges for
2072collecting and disbursing funds; and any other cost or service
2073arising out of pending litigation. In any appeal from an
2074administrative agency decision, for which the clerk is
2075responsible for preparing the transcript, the clerk shall record
2076the cost of preparing the transcripts and the cost for copies of
2077any exhibits in the record. Prepayment of costs to any court,
2078clerk, or sheriff is not required in any action if the party has
2079obtained in each proceeding a certification of indigence in
2080accordance with s. 27.52 or s. 57.082.
2081     Section 34.  Section 57.082, Florida Statutes, is created
2082to read:
2083     57.082  Determination of civil indigent status.--
2084     (1)  APPLICATION TO THE CLERK.--A person seeking
2085appointment of a private attorney in a civil case eligible for
2086court-appointed counsel, or seeking relief from prepayment of
2087fees and costs under s. 57.081, based upon an inability to pay
2088must apply to the clerk of the court for a determination of
2089civil indigent status using an application form developed by the
2090Florida Clerks of Court Operations Corporation with final
2091approval by the Supreme Court.
2092     (a)  The application must include, at a minimum, the
2093following financial information:
2094     1.  Net income, consisting of total salary and wages, minus
2095deductions required by law, including court-ordered support
2096payments.
2097     2.  Other income, including, but not limited to, social
2098security benefits, union funds, veterans' benefits, workers'
2099compensation, other regular support from absent family members,
2100public or private employee pensions, unemployment compensation,
2101dividends, interest, rent, trusts, and gifts.
2102     3.  Assets, including, but not limited to, cash, savings
2103accounts, bank accounts, stocks, bonds, certificates of deposit,
2104equity in real estate, and equity in a boat or a motor vehicle
2105or in other tangible property.
2106     4.  All liabilities and debts.
2107
2108The application must include a signature by the applicant which
2109attests to the truthfulness of the information provided. The
2110application form developed by the corporation must include
2111notice that the applicant may seek court review of a clerk's
2112determination that the applicant is not indigent, as provided in
2113this section.
2114     (b)  The clerk shall assist a person who appears before the
2115clerk and requests assistance in completing the application and
2116the clerk shall notify the court if a person is unable to
2117complete the application after the clerk has provided
2118assistance.
2119     (c)  The clerk shall accept an application that is signed
2120by the applicant and submitted on his or her behalf by a private
2121attorney who is representing the applicant in the applicable
2122matter.
2123     (2)  DETERMINATION BY THE CLERK.--The clerk of the court
2124shall determine whether an applicant seeking such designation is
2125indigent based upon the information provided in the application
2126and the criteria prescribed in this subsection.
2127     (a)1.  An applicant, including an applicant who is a minor
2128or an adult tax-dependent person, is indigent if the applicant's
2129income is equal to or below 200 percent of the then-current
2130federal poverty guidelines prescribed for the size of the
2131household of the applicant by the United States Department of
2132Health and Human Services.
2133     2.  There is a presumption that the applicant is not
2134indigent if the applicant owns, or has equity in, any intangible
2135or tangible personal property or real property or the expectancy
2136of an interest in any such property having a net equity value of
2137$2,500 or more, excluding the value of the person's homestead
2138and one vehicle having a net value not exceeding $5,000.
2139     (b)  Based upon its review, the clerk shall make one of the
2140following determinations:
2141     1.  The applicant is not indigent.
2142     2.  The applicant is indigent.
2143     (c)  If the clerk determines that the applicant is
2144indigent, the clerk shall immediately file the determination in
2145the case record.
2146     (d)  The duty of the clerk in determining whether an
2147applicant is indigent is limited to receiving the application
2148and comparing the information provided in the application to the
2149criteria prescribed in this subsection. The determination of
2150indigent status is a ministerial act of the clerk and may not be
2151based on further investigation or the exercise of independent
2152judgment by the clerk. The clerk may contract with third parties
2153to perform functions assigned to the clerk under this section.
2154     (e)  The applicant may seek review of the clerk's
2155determination that the applicant is not indigent in the court
2156having jurisdiction over the matter by filing a petition to
2157review the clerk's determination of nonindigent status for which
2158a filing fee may not be charged. If the applicant seeks review
2159of the clerk's determination of indigent status, the court shall
2160make a final determination as provided in subsection (4).
2161     (3)  APPOINTMENT OF COUNSEL ON AN INTERIM BASIS.--If the
2162clerk of the court has not made a determination of indigent
2163status at the time a person requests appointment of a private
2164attorney in a civil case eligible for court-appointed counsel,
2165the court shall make a preliminary determination of indigent
2166status, pending further review by the clerk, and may, by court
2167order, appoint private counsel on an interim basis.
2168     (4)  REVIEW OF THE CLERK'S DETERMINATION.--
2169     (a)  If the clerk of the court determines that the
2170applicant is not indigent and the applicant seeks review of the
2171clerk's determination, the court shall make a final
2172determination of indigent status by reviewing the information
2173provided in the application against the criteria prescribed in
2174subsection (2) and by considering the following additional
2175factors:
2176     1.  Whether paying for private counsel or other fees and
2177costs creates a substantial hardship for the applicant or the
2178applicant's family.
2179     2.  Whether the applicant is proceeding pro se or is
2180represented by a private attorney for a fee or on a pro-bono
2181basis.
2182     3.  When the applicant retained private counsel.
2183     4.  The amount of any attorney's fees and who is paying the
2184fees.
2185     5.  Any other relevant financial circumstances of the
2186applicant or the applicant's family.
2187     (b)  Based upon its review, the court shall make one of the
2188following determinations and shall, if appropriate, appoint
2189private counsel:
2190     1.  The applicant is not indigent.
2191     2.  The applicant is indigent.
2192     (5)  PROCESSING CHARGE; PAYMENT PLANS.--A person who the
2193clerk or the court determines is indigent for civil proceedings
2194under this section shall be enrolled in a payment plan under s.
219528.246 and shall be charged a one-time administrative processing
2196charge under s. 28.24(26)(c). A monthly payment amount,
2197calculated based upon all fees and all anticipated costs, is
2198presumed to correspond to the person's ability to pay if it does
2199not exceed 2 percent of the person's annual net income, as
2200defined in subsection (1), divided by 12. The person may seek
2201review of the clerk's decisions regarding a payment plan
2202established under s. 28.246 in the court having jurisdiction
2203over the matter. A case may not be impeded in any way, delayed
2204in filing, or delayed in its progress, including the final
2205hearing and order, due to nonpayment of any fees by an indigent
2206person.
2207     (6)  FINANCIAL DISCREPANCIES; FRAUD; FALSE INFORMATION.--
2208     (a)  If the court learns of discrepancies between the
2209application and the actual financial status of the person found
2210to be indigent, the court shall determine whether the status and
2211any relief provided as a result of that status shall be revoked.
2212The person may be heard regarding the information learned by the
2213court. If the court, based on the information, determines that
2214the person is not indigent, the court shall revoke the provision
2215of any relief under this section.
2216     (b)  If the court has reason to believe that any applicant,
2217through fraud or misrepresentation, was improperly determined to
2218be indigent, the matter shall be referred to the state attorney.
2219Twenty-five percent of any amount recovered by the state
2220attorney as reasonable value of the services rendered, including
2221fees, charges, and costs paid by the state on the person's
2222behalf, shall be remitted to the Department of Revenue for
2223deposit into the Grants and Donations Trust Fund within the
2224Justice Administrative Commission. Seventy-five percent of any
2225amount recovered shall be remitted to the Department of Revenue
2226for deposit into the General Revenue Fund.
2227     (c)  A person who knowingly provides false information to
2228the clerk or the court in seeking a determination of indigent
2229status under this section commits a misdemeanor of the first
2230degree, punishable as provided in s. 775.082 or s. 775.083.
2231     Section 35.  Subsection (1) of section 92.142, Florida
2232Statutes, is amended to read:
2233     92.142  Witnesses; pay.--
2234     (1)  Witnesses in all cases, civil and criminal, in all
2235courts, now or hereafter created, and witnesses summoned before
2236any arbitrator or general or special magistrate appointed by the
2237court shall receive for each day's actual attendance $5 and also
22386 cents per mile for actual distance traveled to and from the
2239courts. A witness in a criminal case required to appear in a
2240county other than the county of his or her residence and
2241residing more than 50 miles from the location of the trial shall
2242be entitled to per diem and travel expenses at the same rate
2243provided for state employees under s. 112.061, in lieu of any
2244other witness fee at the discretion of the court.
2245     Section 36.  Effective July 1, 2006, subsections (2) and
2246(3) of section 92.231, Florida Statutes, are amended to read:
2247     92.231  Expert witnesses; fee.--
2248     (2)  Any expert or skilled witness who shall have testified
2249in any cause shall be allowed a witness fee including the cost
2250of any exhibits used by such witness in an amount agreed to by
2251the parties, and the same shall be taxed as costs. In instances
2252where services are provided for the state, including for state-
2253paid private court-appointed counsel, payment from state funds
2254shall be in accordance with standards adopted by the Legislature
2255after receiving recommendations from the Article V Indigent
2256Services Advisory Board.
2257     (3)  In a criminal case in which the state or an indigent
2258defendant requires the services of an expert witness whose
2259opinion is relevant to the issues of the case, the expert
2260witness shall be compensated in accordance with standards
2261adopted by the Legislature after receiving recommendations from
2262the Article V Indigent Services Advisory Board.
2263     Section 37.  Paragraph (y) is added to subsection (2) of
2264section 110.205, Florida Statutes, to read:
2265     110.205  Career service; exemptions.--
2266     (2)  EXEMPT POSITIONS.--The exempt positions that are not
2267covered by this part include the following:
2268     (y)  All officers and employees of the Justice
2269Administrative Commission, Office of the State Attorney, Office
2270of the Public Defender, regional offices of capital collateral
2271counsel, and Statewide Guardian Ad Litem Office, including the
2272circuit guardian ad litem programs.
2273     Section 38.  Subsection (1) of section 116.01, Florida
2274Statutes, is amended to read:
2275     116.01  Payment of public funds into treasury.--
2276     (1)  Every state and county officer within this state
2277authorized to collect funds due the state or county shall pay
2278all sums officially received by the officer into the state or
2279county treasury not later than 7 working days from the close of
2280the week in which the officer received the funds. Funds received
2281by the county officer on behalf of the state shall be deposited
2282directly to the account of the State Treasury not later than 7
2283working days from the close of the week in which the officer
2284received the funds. The clerk of the court, when collecting
2285funds as part of the clerk's court-related functions, must remit
2286those funds as required under s. 28.245.
2287     Section 39.  Subsections (1) and (4) of section 116.21,
2288Florida Statutes, are amended to read:
2289     116.21  Unclaimed moneys; limitation.--
2290     (1)  The sheriffs and clerks of the courts of the various
2291counties of the state are authorized at their discretion on or
2292before September 25 of each and every year hereafter to pay into
2293the fine and forfeiture fund of their respective counties, or
2294the fine and forfeiture fund created under s. 142.01, any or all
2295unclaimed moneys deposited or collected by them in their
2296official capacity, which unclaimed moneys came into their hands
2297prior to January 1 of the preceding year and for which moneys
2298claim has not been made. Any unclaimed moneys collected or
2299deposited by the clerk of the circuit court in the course of the
2300clerk's court related activities may be processed under this
2301chapter; however, the clerk must pay for the cost of publication
2302of the list of unclaimed court-related funds. Any unclaimed
2303court-related funds collected or deposited by the clerk which
2304remain unclaimed must be deposited into the fine and forfeiture
2305fund established under s. 142.01.
2306     (4)  Except for the cost of publishing the notice for
2307the clerk's unclaimed court-related moneys, the cost of
2308publishing the notices as required by subsection (2) shall be
2309paid by the county commissioners, and the sheriff or the clerk
2310shall receive as compensation the regular fee allowed by statute
2311for the collection of fines, fees, and costs adjudged to the
2312state upon the amounts remitted to the fine and forfeiture fund.
2313Upon such payment to the fine and forfeiture fund, the sheriff
2314or clerk shall be released and discharged from any and all
2315further responsibility or liability in connection therewith.
2316     Section 40.  Paragraph (gg) of subsection (6) of section
2317119.07, Florida Statutes, is amended to read:
2318     119.07  Inspection and copying of records; photographing
2319public records; fees; exemptions.--
2320     (6)
2321     (gg)1.  Until January 1, 2007 2006, if a social security
2322number, made confidential and exempt pursuant to s. 119.0721,
2323created pursuant to s. 1, ch. 2002-256, passed during the 2002
2324regular legislative session, or a complete bank account, debit,
2325charge, or credit card number made exempt pursuant to paragraph
2326(dd), created pursuant to s. 1, ch. 2002-257, passed during the
23272002 regular legislative session, is or has been included in a
2328court file, such number may be included as part of the court
2329record available for public inspection and copying unless
2330redaction is requested by the holder of such number, or by the
2331holder's attorney or legal guardian, in a signed, legibly
2332written request specifying the case name, case number, document
2333heading, and page number. The request must be delivered by mail,
2334facsimile, electronic transmission, or in person to the clerk of
2335the circuit court. The clerk of the circuit court does not have
2336a duty to inquire beyond the written request to verify the
2337identity of a person requesting redaction. A fee may not be
2338charged for the redaction of a social security number or a bank
2339account, debit, charge, or credit card number pursuant to such
2340request.
2341     2.  Any person who prepares or files a document to be
2342recorded in the official records by the county recorder as
2343provided in chapter 28 may not include a person's social
2344security number or complete bank account, debit, charge, or
2345credit card number in that document unless otherwise expressly
2346required by law. Until January 1, 2007 2006, if a social
2347security number or a complete bank account, debit, charge or
2348credit card number is or has been included in a document
2349presented to the county recorder for recording in the official
2350records of the county, such number may be made available as part
2351of the official record available for public inspection and
2352copying. Any person, or his or her attorney or legal guardian,
2353may request that a county recorder remove from an image or copy
2354of an official record placed on a county recorder's publicly
2355available Internet website, or a publicly available Internet
2356website used by a county recorder to display public records
2357outside the office or otherwise made electronically available
2358outside the county recorder's office to the general public, his
2359or her social security number or complete account, debit,
2360charge, or credit card number contained in that official record.
2361Such request must be legibly written, signed by the requester,
2362and delivered by mail, facsimile, electronic transmission, or in
2363person to the county recorder. The request must specify the
2364identification page number of the document that contains the
2365number to be redacted. The county recorder does not have a duty
2366to inquire beyond the written request to verify the identity of
2367a person requesting redaction. A fee may not be charged for
2368redacting such numbers.
2369     3.  Upon the effective date of this act, subsections (3)
2370and (4) of s. 119.0721, do not apply to the clerks of the court
2371or the county recorder with respect to circuit court records and
2372official records.
2373     4.  On January 1, 2007 2006, and thereafter, the clerk of
2374the circuit court and the county recorder must keep complete
2375bank account, debit, charge, and credit card numbers exempt as
2376provided for in paragraph (dd), and must keep social security
2377numbers confidential and exempt as provided for in s. 119.0721,
2378without any person having to request redaction.
2379     Section 41.  Subsection (4) of section 142.01, Florida
2380Statutes, is amended to read:
2381     142.01  Fine and forfeiture fund; clerk of the circuit
2382court.--There shall be established by the clerk of the circuit
2383court in each county of this state a separate fund to be known
2384as the fine and forfeiture fund for use by the clerk of the
2385circuit court in performing court-related functions. The fund
2386shall consist of the following:
2387     (4)  Proceeds from forfeited bail bonds, unclaimed bonds,
2388unclaimed moneys, or recognizances pursuant to ss. 321.05(4)(a),
2389372.72(1), and 903.26(3)(a).
2390
2391Notwithstanding the provisions of this section, all fines and
2392forfeitures arising from operation of the provisions of s.
2393318.1215 shall be disbursed in accordance with that section.
2394     Section 42.  Subsection (5) is added to section 213.13,
2395Florida Statutes, to read:
2396     213.13  Electronic remittance and distribution of funds
2397collected by clerks of the court.--
2398     (5)  All court-related collections, including fees, fines,
2399reimbursements, court costs, and other court-related funds that
2400the clerks must remit to the state pursuant to law, must be
2401transmitted electronically by the 20th day of the month
2402immediately following the month in which the funds are
2403collected.
2404     Section 43.  Section 219.07, Florida Statutes, is amended
2405to read:
2406     219.07  Disbursements.--Each officer shall, not later than
24077 working days from the close of the week in which the officer
2408received the funds, distribute the money which is required to be
2409paid to other officers, agencies, funds, or persons entitled to
2410receive the same; provided, that distributions or partial
2411distributions may be made more frequently; and provided further,
2412that money required by law or court order, or by the purpose for
2413which it was collected, to be held and disbursed for a
2414particular purpose in a manner different from that set out
2415herein shall be held and disbursed accordingly. Further, money
2416collected by the county officer on behalf of the state, except
2417for money collected by the clerk of the court as part of court-
2418related functions, shall be deposited directly to the account of
2419the State Treasury not later than 7 working days from the close
2420of the week in which the officer received the funds. The clerk
2421of the court, when collecting money as part of the clerk's
2422court-related functions, must remit that money as required under
2423s. 28.245.
2424     Section 44.  Subsection (1) of section 219.075, Florida
2425Statutes, is amended to read:
2426     219.075  Investment of surplus funds by county officers.--
2427     (1)(a)  Except when another procedure is prescribed by law
2428or by ordinance as to particular funds, a tax collector or any
2429other county officer having, receiving, or collecting any money,
2430either for his or her office or on behalf of and subject to
2431subsequent distribution to another officer of state or local
2432government, while such money is in excess of that required to
2433meet current expenses or is pending distribution, shall invest
2434such money, without limitation, as provided in s. 218.415.
2435     (b)  These investments shall be planned so as not to slow
2436the normal distribution of the subject funds. The investment
2437earnings shall be reasonably apportioned and allocated and shall
2438be credited to the account of, and paid to, the office or
2439distributee, together with the principal on which such earnings
2440accrued.
2441     (c)  This section does not apply to the clerk of the
2442circuit court with respect to money collected as part of the
2443clerk's court-related functions. The clerk, however, shall remit
2444this money as provided under s. 28.245.
2445     Section 45.  Section 318.121, Florida Statutes, is amended
2446to read:
2447     318.121  Preemption of additional fees, fines, surcharges,
2448and costs.--Notwithstanding any general or special law, or
2449municipal or county ordinance, additional fees, fines,
2450surcharges, or costs other than the court costs and surcharges
2451assessed under s. 318.18(11) and (13) may not be added to the
2452civil traffic penalties assessed in this chapter.
2453     Section 46.  Subsection (13) of section 318.18, Florida
2454Statutes, is amended, and subsection (14) is added to said
2455section, to read:
2456     318.18  Amount of civil penalties.--The penalties required
2457for a noncriminal disposition pursuant to s. 318.14 are as
2458follows:
2459     (13)  In addition to any penalties imposed for noncriminal
2460traffic infractions pursuant to this chapter or imposed for
2461criminal violations listed in s. 318.17, a board of county
2462commissioners or any unit of local government which is
2463consolidated as provided by s. 9, Art. VIII of the State
2464Constitution of 1885, as preserved by s. 6(e), Art. VIII of the
2465Constitution of 1968:
2466     (a)  May impose by ordinance a surcharge of up to $15 for
2467any infraction or violation to fund state court facilities. The
2468court shall not waive this surcharge. Up to 25 percent of the
2469revenue from such surcharge may be used to support local law
2470libraries provided that the county or unit of local government
2471provides a level of service equal to that provided prior to July
24721, 2004, which shall include the continuation of library
2473facilities located in or near the county courthouse or annexes.
2474     (b)  That imposed increased fees or service charges by
2475ordinance under s. 28.2401, s. 28.241, or s. 34.041 for the
2476purpose of securing payment of the principal and interest on
2477bonds issued by the county before July 1, 2003, to finance state
2478court facilities, may impose by ordinance a surcharge for any
2479infraction or violation for the exclusive purpose of securing
2480payment of the principal and interest on bonds issued by the
2481county before July 1, 2003, to fund state court facilities until
2482the date of stated maturity. The court shall not waive this
2483surcharge. Such surcharge may not exceed an amount per violation
2484calculated as the quotient of the maximum annual payment of the
2485principal and interest on the bonds as of July 1, 2003, divided
2486by the number of traffic citations for county fiscal year 2002-
24872003 certified as paid by the clerk of the court of the county.
2488Such quotient shall be rounded up to the next highest dollar
2489amount. The bonds may be refunded only if savings will be
2490realized on payments of debt service and the refunding bonds are
2491scheduled to mature on the same date or before the bonds being
2492refunded.
2493
2494A county may not impose both of the surcharges authorized under
2495paragraphs (a) and (b) concurrently. The clerk of court shall
2496report, no later than 30 days after the end of the quarter, the
2497amount of funds collected under this subsection during each
2498quarter of the fiscal year. The clerk shall submit the report,
2499in a format developed by the Office of State Courts
2500Administrator, to the chief judge of the circuit, the Governor,
2501the President of the Senate, and the Speaker of the House of
2502Representatives.
2503     (14)  In addition to any penalties imposed for noncriminal
2504traffic infractions under chapter 318 or imposed for criminal
2505violations listed in s. 318.17, any unit of local government
2506that is consolidated as provided by s. 9, Art. VIII of the State
2507Constitution of 1885, as preserved by s. 6(e), Art. VIII of the
2508State Constitution of 1968, and that is granted the authority in
2509the State Constitution to exercise all the powers of a municipal
2510corporation, and any unit of local government operating under a
2511home rule charter adopted pursuant to ss. 10, 11, and 24, Art.
2512VIII of the State Constitution of 1885, as preserved by s. 6(e),
2513Art. VIII of the State Constitution of 1968, that is granted the
2514authority in the State Constitution to exercise all the powers
2515conferred now or hereafter by general law upon municipalities,
2516may impose by ordinance a surcharge of up to $15 for any
2517infraction or violation. Revenue from the surcharge shall be
2518transferred to such unit of local government for the purpose of
2519replacing fine revenue deposited into the clerk's fine and
2520forfeiture fund under s. 142.01. The court may not waive this
2521surcharge. Proceeds from the imposition of the surcharge
2522authorized in this subsection shall not be used for the purpose
2523of securing payment of the principal and interest on bonds. This
2524subsection, and any surcharge imposed pursuant to this
2525subsection, shall stand repealed September 30, 2007.
2526     Section 47.  Paragraph (g) of subsection (2) of section
2527318.21, Florida Statutes, is amended to read:
2528     318.21  Disposition of civil penalties by county
2529courts.--All civil penalties received by a county court pursuant
2530to the provisions of this chapter shall be distributed and paid
2531monthly as follows:
2532     (2)  Of the remainder:
2533     (g)1.  If the violation occurred within a special
2534improvement district of the Seminole Indian Tribe or Miccosukee
2535Indian Tribe, 56.4 percent shall be paid to that special
2536improvement district.
2537     2.  If the violation occurred within a municipality, 50.8
2538percent shall be paid to that municipality and 5.6 percent shall
2539be deposited into the fine and forfeiture trust fund established
2540pursuant to s. 142.01.
2541     3.  If the violation occurred within the unincorporated
2542area of a county, including the unincorporated areas, if any, of
2543a government created pursuant to s. 6(e), Article VIII of the
2544State Constitution, that is not within a special improvement
2545district of the Seminole Indian Tribe or Miccosukee Indian
2546Tribe, 56.4 percent shall be deposited into the fine and
2547forfeiture fund established pursuant to s. 142.01.
2548     Section 48.  Section 318.31, Florida Statutes, is amended
2549to read:
2550     318.31  Objectives.--The Supreme Court is hereby requested
2551to adopt rules and procedures for the establishment and
2552operation of Civil Traffic Infraction Hearing Officer Programs
2553under ss. 318.30-318.38. However, the appointment of a hearing
2554officer shall be at the option of the county electing to
2555establish such a program, upon recommendation by the county
2556court judge or judges, as the case may be, and the Chief Judge
2557of the Circuit and approval by the Chief Justice of the Supreme
2558Court.
2559     Section 49.  Subsection (1) of section 318.32, Florida
2560Statutes, is amended to read:
2561     318.32  Jurisdiction; limitations.--
2562     (1)  Hearing officers shall be empowered to accept pleas
2563from and decide the guilt or innocence of any person, adult or
2564juvenile, charged with any civil traffic infraction and shall be
2565empowered to adjudicate or withhold adjudication of guilt in the
2566same manner as a county court judge under the statutes, rules,
2567and procedures presently existing or as subsequently amended,
2568except that hearing officers shall not:
2569     (a)  Have the power to hold a defendant in contempt of
2570court, but shall be permitted to file a motion for order of
2571contempt with the appropriate state trial court judge;
2572     (b)  Hear a case involving a crash resulting in injury or
2573death; or
2574     (c)  Hear a criminal traffic offense case or a case
2575involving a civil traffic infraction issued in conjunction with
2576a criminal traffic offense; or
2577     (d)  Have the power to suspend a defendant's drivers
2578license pursuant to s. 316.655(2).
2579     Section 50.  Section 318.325, Florida Statutes, is amended
2580to read:
2581     318.325  Jurisdiction and procedure for parking
2582infractions.--Any county or municipality may adopt an ordinance
2583that allows the county or municipality to refer cases involving
2584the violation of a county or municipal parking ordinance to a
2585hearing officer funded by the county or municipality.
2586Notwithstanding the provisions of ss. 318.14 and 775.08(3), any
2587parking violation shall be deemed to be an infraction as defined
2588in s. 318.13(3). However, the violation must be enforced and
2589disposed of in accordance with the provisions of general law
2590applicable to parking violations and with the charter or code of
2591the county or municipality where the violation occurred. The
2592clerk of the court or the designated traffic violations bureau
2593must collect and distribute the fines, forfeitures, and court
2594costs assessed under this section.
2595     Section 51.  Subsection (2) of section 322.29, Florida
2596Statutes, is amended to read:
2597     322.29  Surrender and return of license.--
2598     (2)  The provisions of subsection (1) to the contrary
2599notwithstanding, no examination is required for the return of a
2600license suspended under s. 318.15 or s. 322.245 unless an
2601examination is otherwise required by this chapter. Every person
2602applying for the return of a license suspended under s. 318.15
2603or s. 322.245 shall present to the department certification from
2604the court that he or she has complied with all obligations and
2605penalties imposed on him or her pursuant to s. 318.15 or, in the
2606case of a suspension pursuant to s. 322.245, that he or she has
2607complied with all directives of the court and the requirements
2608of s. 322.245 and shall pay to the department a nonrefundable
2609service fee of $47.50 $35, of which $37.50 $25 shall be
2610deposited into the General Revenue Fund and $10 shall be
2611deposited into the Highway Safety Operating Trust Fund. If
2612reinstated by the clerk of the court or tax collector, $37.50
2613$25 shall be retained and $10 shall be remitted to the
2614Department of Revenue for deposit into the Highway Safety
2615Operating Trust Fund. However, the service fee is not required
2616if the person is required to pay a $35 fee or $60 fee under the
2617provisions of s. 322.21.
2618     Section 52.  Subsection (1) of section 372.72, Florida
2619Statutes, is amended to read:
2620     372.72  Disposition of fines, penalties, and forfeitures.--
2621     (1)  All moneys collected from fines, penalties, proceeds
2622from unclaimed bonds, or forfeitures of bail of persons
2623convicted under this chapter shall be deposited in the fine and
2624forfeiture fund established pursuant to s. 142.01 where such
2625convictions are had, except for the disposition of moneys as
2626provided in subsection (2).
2627     Section 53.  Subsection (8) of section 903.26, Florida
2628Statutes, is amended to read:
2629     903.26  Forfeiture of the bond; when and how directed;
2630discharge; how and when made; effect of payment.--
2631     (8)  If the defendant is arrested and returned to the
2632county of jurisdiction of the court prior to judgment, the
2633clerk, upon affirmation by the sheriff or the chief correctional
2634officer, shall, without further order of the court, discharge
2635the forfeiture of the bond. However, if the surety agent fails
2636to pay the costs and expenses incurred in returning the
2637defendant to the county of jurisdiction, the clerk shall not
2638discharge the forfeiture of the bond. If the surety agent and
2639the sheriff state attorney fail to agree on the amount of said
2640costs, then the court, after notice to the sheriff and the state
2641attorney, shall determine the amount of the costs.
2642     Section 54.  Section 903.28, Florida Statutes, is amended
2643to read:
2644     903.28  Remission of forfeiture; conditions.--
2645     (1)  On application within 2 years from forfeiture, the
2646court shall order remission of the forfeiture if it determines
2647that there was no breach of the bond.
2648     (2)  If the defendant surrenders or is apprehended within
264990 days after forfeiture, the court, on motion at a hearing upon
2650notice having been given to the clerk of the circuit court
2651county attorney and the state attorney as required in subsection
2652(8), shall direct remission of up to, but not more than, 100
2653percent of a forfeiture if the surety apprehended and
2654surrendered the defendant or if the apprehension or surrender of
2655the defendant was substantially procured or caused by the
2656surety, or the surety has substantially attempted to procure or
2657cause the apprehension or surrender of the defendant, and the
2658delay has not thwarted the proper prosecution of the defendant.
2659In addition, remission shall be granted when the surety did not
2660substantially participate or attempt to participate in the
2661apprehension or surrender of the defendant when the costs of
2662returning the defendant to the jurisdiction of the court have
2663been deducted from the remission and when the delay has not
2664thwarted the proper prosecution of the defendant.
2665     (3)  If the defendant surrenders or is apprehended within
2666180 days after forfeiture, the court, on motion at a hearing
2667upon notice having been given to the clerk of the circuit court
2668county attorney and the state attorney as required in subsection
2669(8), shall direct remission of up to, but not more than, 95
2670percent of a forfeiture if the surety apprehended and
2671surrendered the defendant or if the apprehension or surrender of
2672the defendant was substantially procured or caused by the
2673surety, or the surety has substantially attempted to procure or
2674cause the apprehension or surrender of the defendant, and the
2675delay has not thwarted the proper prosecution of the defendant.
2676In addition, remission shall be granted when the surety did not
2677substantially participate or attempt to participate in the
2678apprehension or surrender of the defendant when the costs of
2679returning the defendant to the jurisdiction of the court have
2680been deducted from the remission and when the delay has not
2681thwarted the proper prosecution of the defendant.
2682     (4)  If the defendant surrenders or is apprehended within
2683270 days after forfeiture, the court, on motion at a hearing
2684upon notice having been given to the clerk of the circuit court
2685county attorney and the state attorney as required in subsection
2686(8), shall direct remission of up to, but not more than, 90
2687percent of a forfeiture if the surety apprehended and
2688surrendered the defendant or if the apprehension or surrender of
2689the defendant was substantially procured or caused by the
2690surety, or the surety has substantially attempted to procure or
2691cause the apprehension or surrender of the defendant, and the
2692delay has not thwarted the proper prosecution of the defendant.
2693In addition, remission shall be granted when the surety did not
2694substantially participate or attempt to participate in the
2695apprehension or surrender of the defendant when the costs of
2696returning the defendant to the jurisdiction of the court have
2697been deducted from the remission and when the delay has not
2698thwarted the proper prosecution of the defendant.
2699     (5)  If the defendant surrenders or is apprehended within 1
2700year after forfeiture, the court, on motion at a hearing upon
2701notice having been given to the clerk of the circuit court
2702county attorney and the state attorney as required in subsection
2703(8), shall direct remission of up to, but not more than, 85
2704percent of a forfeiture if the surety apprehended and
2705surrendered the defendant or if the apprehension or surrender of
2706the defendant was substantially procured or caused by the
2707surety, or the surety has substantially attempted to procure or
2708cause the apprehension or surrender of the defendant, and the
2709delay has not thwarted the proper prosecution of the defendant.
2710In addition, remission shall be granted when the surety did not
2711substantially participate or attempt to participate in the
2712apprehension or surrender of the defendant when the costs of
2713returning the defendant to the jurisdiction of the court have
2714been deducted from the remission and when the delay has not
2715thwarted the proper prosecution of the defendant.
2716     (6)  If the defendant surrenders or is apprehended within 2
2717years after forfeiture, the court, on motion at a hearing upon
2718notice having been given to the clerk of the circuit court
2719county attorney and the state attorney as required in subsection
2720(8), shall direct remission of up to, but not more than, 50
2721percent of a forfeiture if the surety apprehended and
2722surrendered the defendant or if the apprehension or surrender of
2723the defendant was substantially procured or caused by the
2724surety, or the surety has substantially attempted to procure or
2725cause the apprehension or surrender of the defendant, and the
2726delay has not thwarted the proper prosecution of the defendant.
2727In addition, remission shall be granted when the surety did not
2728substantially participate or attempt to participate in the
2729apprehension or surrender of the defendant when the costs of
2730returning the defendant to the jurisdiction of the court have
2731been deducted from the remission and when the delay has not
2732thwarted the proper prosecution of the defendant.
2733     (7)  The remission of a forfeiture may not be ordered for
2734any reason other than as specified herein.
2735     (8)  An application for remission must be accompanied by
2736affidavits setting forth the facts on which it is founded;
2737however, the surety must establish by further documentation or
2738other evidence any claimed attempt at procuring or causing the
2739apprehension or surrender of the defendant before the court may
2740order remission based upon an attempt to procure or cause such
2741apprehension or surrender. The clerk of the circuit court and
2742the state attorney must be given 20 days' notice before a
2743hearing on an application and be furnished copies of all papers,
2744applications, and affidavits. Remission shall be granted on the
2745condition of payment of costs, unless the ground for remission
2746is that there was no breach of the bond.
2747     (9)  The clerk of the circuit court may enter into a
2748contract with a private attorney or into an interagency
2749agreement with a governmental agency to represent the clerk of
2750the court in an action for the remission of a forfeiture under
2751this section.
2752     (10)  The clerk of the circuit court is the real party in
2753interest for all appeals arising from an action for the
2754remission of a forfeiture under this section.
2755     (11)  Upon remission of bond pursuant to this section, the
2756clerk of the circuit court shall withhold any unpaid fines,
2757fees, service charges, and court costs imposed as a matter of
2758law or ordered by the court.
2759     Section 55.  Section 916.115, Florida Statutes, is amended
2760to read:
2761     916.115  Appointment of experts.--
2762     (1)(a)  Annually, the department shall provide the courts
2763with a list of mental health professionals who have completed
2764approved training as experts.
2765     (b)  The court may appoint no more than three nor fewer
2766than two experts to determine issues of the mental condition of
2767a defendant in a criminal case, including the issues of
2768competency to proceed, insanity, and involuntary hospitalization
2769or placement. An expert The panel of experts may evaluate the
2770defendant in jail or in another appropriate local facility.
2771     (c)  To the extent possible, an the appointed expert
2772experts shall have completed forensic evaluator training
2773approved by the department and be either a psychiatrist,
2774licensed psychologist, or physician.
2775     (2)  Expert witnesses appointed by the court to evaluate
2776the mental condition of a defendant in a criminal case shall be
2777allowed reasonable fees for services rendered as evaluators of
2778competence or sanity and as witnesses, which shall be paid by
2779the county in which the indictment was found or the information
2780or affidavit was filed.
2781     (a)1.  The court shall pay for any expert that it appoints
2782by court order, upon motion of counsel for the defendant or the
2783state or upon its own motion. If the defense or the state
2784retains an expert and waives the confidentiality of the expert's
2785report, the court may pay for no more than two additional
2786experts appointed by court order. If an expert appointed by the
2787court upon motion of counsel for the defendant specifically to
2788evaluate the competence of the defendant to proceed also
2789addresses in his or her evaluation issues related to sanity as
2790an affirmative defense, the court shall pay only for that
2791portion of the experts' fees relating to the evaluation on
2792competency to proceed and the balance of the fees shall be
2793chargeable to the defense.
2794     2.  Pursuant to s. 29.006, the office of the public
2795defender shall pay for any expert retained by the office.
2796     3.  Pursuant to s. 29.005, the office of the state attorney
2797shall pay for any expert retained by the office. Notwithstanding
2798subparagraph 1., the office of the state attorney shall pay for
2799any expert whom the office retains and whom the office moves the
2800court to appoint in order to ensure that the expert has access
2801to the defendant.
2802     4.  An expert retained by the defendant who is represented
2803by private counsel appointed under s. 27.5303 shall be paid by
2804the Justice Administrative Commission.
2805     5.  An expert retained by a defendant who is indigent for
2806costs as determined by the court and who is represented by
2807private counsel, other than private counsel appointed under s.
280827.5303, on a fee or pro bono basis, or who is representing
2809himself or herself, shall be paid by the Justice Administrative
2810Commission from funds specifically appropriated for these
2811expenses.
2812     (b)  State employees shall be paid expenses pursuant to s.
2813112.061.
2814     (c)  The fees shall be taxed as costs in the case.
2815     (d)  In order for an expert the experts to be paid for the
2816services rendered, the expert's report reports and testimony
2817must explicitly address each of the factors and follow the
2818procedures set out in this chapter and in the Florida Rules of
2819Criminal Procedure.
2820     Section 56.  Subsections (2), (3), and (4) of section
2821916.12, Florida Statutes, are amended to read:
2822     916.12  Mental competence to proceed.--
2823     (2)  An expert The experts shall first determine whether
2824the person is mentally ill and, if so, consider the factors
2825related to the issue of whether the defendant meets the criteria
2826for competence to proceed; that is, whether the defendant has
2827sufficient present ability to consult with counsel with a
2828reasonable degree of rational understanding and whether the
2829defendant has a rational, as well as factual, understanding of
2830the pending proceedings. A defendant must be evaluated by no
2831fewer than two experts before the court commits the defendant or
2832takes other action authorized by this chapter or the Florida
2833Rules of Criminal Procedure, except if one expert finds that the
2834defendant is incompetent to proceed and the parties stipulate to
2835that finding, the court may commit the defendant or take other
2836action authorized by this chapter or the rules without further
2837evaluation or hearing, or the court may appoint no more than two
2838additional experts to evaluate the defendant. Notwithstanding
2839any stipulation by the state and the defendant, the court may
2840require a hearing with testimony from the expert or experts
2841before ordering the commitment of a defendant.
2842     (3)  In considering the issue of competence to proceed, an
2843the examining expert experts shall first consider and
2844specifically include in his or her their report the defendant's
2845capacity to:
2846     (a)  Appreciate the charges or allegations against the
2847defendant;
2848     (b)  Appreciate the range and nature of possible penalties,
2849if applicable, that may be imposed in the proceedings against
2850the defendant;
2851     (c)  Understand the adversarial nature of the legal
2852process;
2853     (d)  Disclose to counsel facts pertinent to the proceedings
2854at issue;
2855     (e)  Manifest appropriate courtroom behavior; and
2856     (f)  Testify relevantly;
2857
2858and include in his or her their report any other factor deemed
2859relevant by the expert experts.
2860     (4)  If an expert finds the experts should find that the
2861defendant is incompetent to proceed, the expert experts shall
2862report on any recommended treatment for the defendant to attain
2863competence to proceed. In considering the issues relating to
2864treatment, the examining expert experts shall specifically
2865report on:
2866     (a)  The mental illness causing the incompetence;
2867     (b)  The treatment or treatments appropriate for the mental
2868illness of the defendant and an explanation of each of the
2869possible treatment alternatives in order of choices;
2870     (c)  The availability of acceptable treatment and, if
2871treatment is available in the community, the expert shall so
2872state in the report; and
2873     (d)  The likelihood of the defendant's attaining competence
2874under the treatment recommended, an assessment of the probable
2875duration of the treatment required to restore competence, and
2876the probability that the defendant will attain competence to
2877proceed in the foreseeable future.
2878     Section 57.  Subsection (7) of section 916.301, Florida
2879Statutes, is amended to read:
2880     916.301  Appointment of experts.--
2881     (7)  Expert witnesses appointed by the court to evaluate
2882the mental condition of a defendant in a criminal case shall be
2883allowed reasonable fees for services rendered as evaluators and
2884as witnesses, which shall be paid by the court county in which
2885the indictment was found or the information or affidavit was
2886filed. State employees shall be paid expenses pursuant to s.
2887112.061. The fees shall be taxed as costs in the case. In order
2888for the experts to be paid for the services rendered, the
2889reports and testimony must explicitly address each of the
2890factors and follow the procedures set out in this chapter and in
2891the Florida Rules of Criminal Procedure.
2892     Section 58.  Paragraph (b) of subsection (2) of section
2893938.29, Florida Statutes, is amended to read:
2894     938.29  Legal assistance; lien for payment of attorney's
2895fees or costs.--
2896     (2)
2897     (b)  A judgment showing the name and residence of the
2898defendant-recipient or parent shall be recorded in the public
2899record, without cost, by filed for record in the office of the
2900clerk of the circuit court in the county where the defendant-
2901recipient or parent resides and in each county in which such
2902defendant-recipient or parent then owns or later acquires any
2903property. Such judgments shall be enforced on behalf of the
2904state by the clerk of the circuit court of the county in which
2905assistance was rendered.
2906     Section 59.  Section 939.06, Florida Statutes, is amended
2907to read:
2908     939.06  Acquitted defendant not liable for costs.--
2909     (1)  A No defendant in a criminal prosecution who is
2910acquitted or discharged is not shall be liable for any costs or
2911fees of the court or any ministerial office, or for any charge
2912of subsistence while detained in custody. If the defendant has
2913shall have paid any taxable costs, or fees required under s.
291427.52(1)(b), in the case, the clerk or judge shall give him or
2915her a certificate of the payment of such costs, with the items
2916thereof, which, when audited and approved according to law,
2917shall be refunded to the defendant.
2918     (2)  To receive a refund under this section, a defendant
2919must submit a request for the refund to the Justice
2920Administrative Commission on a form and in a manner prescribed
2921by the commission. The defendant must attach to the form an
2922order from the court demonstrating the defendant's right to the
2923refund and the amount of the refund.
2924     Section 60.  Paragraph (b) of subsection (1) of section
2925939.185, Florida Statutes, is redesignated as paragraph (c), and
2926a new paragraph (b) is added to said subsection, to read:
2927     939.185  Assessment of additional court costs and
2928surcharges.--
2929     (1)
2930     (b)  In addition to the court costs imposed under
2931subsection (1) and any other cost, fine, or penalty imposed by
2932law, any unit of local government which is consolidated as
2933provided by s. 9, Art. VIII of the State Constitution of 1885,
2934as preserved by s. 6(e), Art. VIII of the State Constitution of
29351968, and which is granted the authority in the State
2936Constitution to exercise all the powers of a municipal
2937corporation, and any unit of local government operating under a
2938home rule charter adopted pursuant to ss. 10, 11, and 24, Art.
2939VIII of the State Constitution of 1885, as preserved by s. 6(e),
2940Art. VIII of the State Constitution of 1968, which is granted
2941the authority in the State Constitution to exercise all the
2942powers conferred now or hereafter by general law upon
2943municipalities, may impose by ordinance a surcharge in the
2944amount of $85 to be imposed by the court when a person pleads
2945guilty or nolo contendere to, or is found guilty of, any felony,
2946misdemeanor, or criminal traffic offense under the laws of this
2947state. Revenue from the surcharge shall be transferred to such
2948unit of local government for the purpose of replacing fine
2949revenue deposited into the clerk's fine and forfeiture fund
2950under s. 142.01. Proceeds from the imposition of the surcharge
2951authorized in this paragraph shall not be used for the purpose
2952of securing payment of the principal and interest on bonds. This
2953paragraph, and any surcharge imposed pursuant to this paragraph,
2954shall stand repealed on September 30, 2007.
2955     (c)(b)  The disbursement of costs collected under this
2956section shall be subordinate in priority order of disbursement
2957to all other state-imposed costs authorized in this chapter,
2958restitution or other compensation to victims, and child support
2959payments.
2960     Section 61.  Subsection (2) of section 985.05, Florida
2961Statutes, is amended, and subsection (5) is added to said
2962section, to read:
2963     985.05  Court records.--
2964     (2)  The clerk shall keep all official records required by
2965this section separate from other records of the circuit court,
2966except those records pertaining to motor vehicle violations,
2967which shall be forwarded to the Department of Highway Safety and
2968Motor Vehicles. Except as provided in ss. 943.053 and 985.04(4),
2969official records required by this part are not open to
2970inspection by the public, but may be inspected only upon order
2971of the court by persons deemed by the court to have a proper
2972interest therein, except that a child and the parents,
2973guardians, or legal custodians of the child and their attorneys,
2974law enforcement agencies, the Department of Juvenile Justice and
2975its designees, the Parole Commission, and the Department of
2976Corrections, and the Justice Administrative Commission shall
2977always have the right to inspect and copy any official record
2978pertaining to the child. The court may permit authorized
2979representatives of recognized organizations compiling statistics
2980for proper purposes to inspect, and make abstracts from,
2981official records under whatever conditions upon the use and
2982disposition of such records the court may deem proper and may
2983punish by contempt proceedings any violation of those
2984conditions.
2985     (5)  This part does not prohibit a circuit court from
2986providing a restitution order containing the information
2987prescribed in s. 985.201(4)(c) to a collection court or a
2988private collection agency for the sole purpose of collecting
2989unpaid restitution ordered in a case in which the circuit court
2990has retained jurisdiction over the child and the child's parent
2991or legal guardian. The collection court or private collection
2992agency shall maintain the confidential status of the information
2993to the extent such confidentiality is provided by law.
2994     Section 62.  Paragraph (c) of subsection (4) of section
2995985.201, Florida Statutes, is amended to read:
2996     985.201  Jurisdiction.--
2997     (4)
2998     (c)  The court may retain jurisdiction over a child and the
2999child's parent or legal guardian whom the court has ordered to
3000pay restitution until the restitution order is satisfied or
3001until the court orders otherwise. To retain jurisdiction, the
3002court shall enter a restitution order, which is separate from
3003any disposition or order of commitment, on or prior to the date
3004that If the court retains such jurisdiction after the date upon
3005which the court's jurisdiction would cease under this section,
3006it shall do so solely for the purpose of enforcing the
3007restitution order. The contents of the restitution order shall
3008be limited to the child's name and address, the name and address
3009of the parent or legal guardian, the name and address of the
3010payee, the case number, the date and amount of restitution
3011ordered, any amount of restitution paid, the amount of
3012restitution due and owing, and a notation that costs, interest,
3013penalties, and attorney's fees may also be due and owing. The
3014terms of the restitution order are subject to the provisions of
3015s. 775.089(5).
3016     Section 63.  Compensation to traffic court witnesses.--Any
3017party who secures the attendance of a witness in traffic court
3018shall bear all costs of calling the witness, including witness
3019fees. If the witness is required to testify on behalf of the
3020prosecution, the office of the state attorney of the respective
3021judicial circuit shall pay the fees and costs of calling the
3022witness.
3023     Section 64.  Recovery of expenditures for state-funded
3024services.--The trial court administrator of each circuit shall
3025recover expenditures for state-funded services when those
3026services have been furnished to a user of the state court system
3027who possesses the present ability to pay. The rate of
3028compensation for such services shall be the actual cost of the
3029services, including the cost of recovery. The trial court
3030administrator shall deposit moneys recovered under this section
3031in the Grants and Donations Trust Fund within the state court
3032system. The trial court administrator shall recover the costs of
3033court-reporter services and transcription; court-interpreter
3034services, including translation; and any other service for which
3035state funds were used to provide a product or service within the
3036circuit. This section does not authorize cost recovery from
3037entities described in ss. 29.005, 29.006, and 29.007, Florida
3038Statutes.
3039     Section 65.  It is the intent of the Legislature that
3040the amendments made by this act to ss. 28.2402, 34.191, and
3041318.21, Florida Statutes, are remedial. It is the further intent
3042of the Legislature that fines and forfeitures or civil penalties
3043arising from offenses or violations committed or occurring
3044within an unincorporated area of a municipality having a
3045consolidated government under Section 6(e), Article VIII of the
3046State Constitution be paid or deposited for fiscal year 2004-
30472005 as provided in ss. 28.2402, 34.191, and 318.21, Florida
3048Statutes, as those sections are amended by this act. This
3049section shall take effect upon becoming a law.
3050     Section 66.  (1)(a)  The Legislature finds that the use of
3051estimates of prior-year expenditures to establish maximum annual
3052budgets for the county fiscal year 2004-2005 resulted in maximum
3053annual budgets for some clerks of court which were less than the
3054amounts would have been if actual prior-year expenditures had
3055been used.
3056     (b)  The Legislature further finds that the clerks of court
3057perform duties critical to the operations of the judicial branch
3058and that future maximum annual budgets for the clerks of court
3059are based in part on their prior-year budgets.
3060     (c)  The Legislature further finds that the difference
3061between establishing the maximum annual budget using estimated
3062prior-year expenditures and using actual prior-year expenditures
3063was significant for the Clerk of Court for the Eleventh Judicial
3064Circuit.
3065     (2)  Therefore, the maximum annual budget for the Clerk of
3066Court for the Eleventh Judicial Circuit is increased by
3067$3,817,115 for the county fiscal year 2004-2005.
3068     Section 67.  (1)  Effective July 1, 2006, section 29.014,
3069Florida Statutes, is repealed.
3070     (2)  Section 318.37, Florida Statutes, is repealed.
3071     Section 68.  Section 938.19, Florida Statutes, is amended
3072to read:
3073     938.19  Teen courts.--
3074     (1)  Notwithstanding s. 318.121, in each county in which a
3075teen court has been created, the board of county commissioners
3076may adopt a mandatory court cost to be assessed in specific
3077cases by incorporating by reference the provisions of this
3078section in a county ordinance. Assessments collected by the
3079clerk of the circuit court under this section shall be deposited
3080into an account specifically for the operation and
3081administration of the teen court.
3082     (2)  A sum of up to $3 shall be assessed as a court cost in
3083the circuit and county court in the county against each person
3084who pleads guilty or nolo contendere to, or is convicted of,
3085regardless of adjudication, a violation of a criminal law or a
3086municipal or county ordinance, or who pays a fine or civil
3087penalty for any violation of chapter 316. Any person whose
3088adjudication is withheld under s. 318.14(9) or s. 318.14(10)
3089shall also be assessed the cost.
3090     (3)  The assessment for court costs shall be assessed in
3091addition to any fine or civil penalty or other court cost and
3092may not be deducted from the proceeds of that portion of any
3093fine or civil penalty that is received by a municipality in the
3094county or by the county in accordance with ss. 316.660 and
3095318.21. The assessment shall be specifically added to any civil
3096penalty paid for a violation of chapter 316, regardless of
3097whether the penalty is paid by mail, paid in person without
3098request for a hearing, or paid after hearing and determination
3099by the court. However, the assessment may not be made against a
3100person for a violation of any state law or municipal or county
3101ordinance relating to the parking of vehicles, with the
3102exception of a violation of the handicapped parking laws.
3103     (4)(a)  The clerk of the circuit court shall collect the
3104assessments for court costs established in this section and
3105shall remit the assessments to the teen court monthly.
3106     (b)  The clerk of the circuit court shall withhold 5
3107percent of the assessments collected, which shall be retained as
3108fee income of the office of the clerk of the circuit court.
3109     (5)  A teen court must account for all funds received under
3110this section in a written report to the board of county
3111commissioners. The report must be given to the commissioners by
3112August 1 of each year or by a date required by the
3113commissioners.
3114     (6)  A teen court may be administered by a nonprofit
3115organization, a law enforcement agency, the court administrator,
3116the clerk of the court, or another similar agency authorized by
3117the board of county commissioners.
3118     (7)  A teen court administered in a county that adopts an
3119ordinance to assess court costs under this section may not
3120receive court costs collected under s. 939.185(1)(a)4. Counties
3121are hereby authorized to fund teen courts.
3122     Section 69.  The amendment to s. 938.19, Florida Statutes,
3123by this act shall expire on July 1, 2006, and the text of that
3124section shall revert to that in existence on June 30, 2005,
3125except that any amendments to such text enacted other than by
3126this act shall be preserved and continue to operate to the
3127extent that such amendments are not dependent upon the portions
3128of such text that expire pursuant to the provisions of this act.
3129Any court cost imposed pursuant to the amendment of s. 938.19,
3130Florida Statutes, by this act shall also expire on July 1, 2006.
3131     Section 70.  Paragraph (a) of subsection (1) of section
3132939.185, Florida Statutes, is amended to read:
3133     939.185  Assessment of additional court costs.--
3134     (1)(a)  The board of county commissioners may adopt by
3135ordinance an additional court cost, not to exceed $65, to be
3136imposed by the court when a person pleads guilty or nolo
3137contendere to, or is found guilty of, any felony, misdemeanor,
3138or criminal traffic offense under the laws of this state. Such
3139additional assessment shall be accounted for separately by the
3140county in which the offense occurred and be used only in the
3141county imposing this cost, to be allocated as follows:
3142     1.  Twenty-five percent of the amount collected shall be
3143allocated to fund innovations to supplement state funding for
3144the elements of the state courts system identified in s. 29.004
3145and county funding for local requirements under s.
314629.008(2)(a)2.
3147     2.  Twenty-five percent of the amount collected shall be
3148allocated to assist counties in providing legal aid programs
3149required under s. 29.008(3)(a).
3150     3.  Twenty-five percent of the amount collected shall be
3151allocated to fund personnel and legal materials for the public
3152as part of a law library.
3153     4.  Twenty-five percent of the amount collected shall be
3154used as determined by the board of county commissioners to
3155support teen court programs, except as provided in s. 938.19(7),
3156juvenile assessment centers, and other juvenile alternative
3157programs.
3158
3159Each county receiving funds under this section shall report the
3160amount of funds collected pursuant to this section and an
3161itemized list of expenditures for all authorized programs and
3162activities. The report shall be submitted in a format developed
3163by the Supreme Court to the Governor, the Chief Financial
3164Officer, the President of the Senate, and the Speaker of the
3165House of Representatives on a quarterly basis beginning with the
3166quarter ending September 30, 2004. Quarterly reports shall be
3167submitted no later than 30 days after the end of the quarter.
3168Any unspent funds at the close of the county fiscal year
3169allocated under subparagraphs 2., 3., and 4., shall be
3170transferred for use pursuant to subparagraph 1.
3171     Section 71.  The sum of $1.5 million in recurring funds is
3172appropriated from the General Revenue Fund to the Justice
3173Administrative Commission for public defender due process
3174services for the 2005-2006 fiscal year.
3175     Section 72.  The sum of $800,000 in recurring funds is
3176appropriated from the General Revenue Fund to the Justice
3177Administrative Commission for state attorney due process
3178services for the 2005-2006 fiscal year.
3179     Section 73.  Except as otherwise provided herein, this act
3180shall take effect July 1, 2005.


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