October 30, 2020
Print This PagePrint This Page

  *
Session:
Bill #:
Session:
Chamber: View Search Tips
Search Term:
Year: View Search Tips
Search Term:
_h1935e2
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 Legislative Budget Commission
111may approve adjustments to the clerk's maximum annual
112budget for court-related duties; amending s. 28.37, F.S.;
113expanding the types of excess funds that clerks of the
114court must remit to the Department of Revenue over the
115amount needed to meet approved budgets; creating s. 28.44,
116F.S.; providing 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. 44.103,
192F.S.; limiting the amount of per diem expenses an
193arbitrator may charge; amending s. 44.108, F.S.;
194clarifying the fees charged for scheduled mediation
195services provided by a circuit court's mediation program;
196requiring the clerk of the court to report to the chief
197judge the amount of such fees collected; amending s.
19857.081, F.S.; providing a cross-reference to conform;
199creating s. 57.082, F.S., relating to the determination of
200civil indigent status; providing for application to the
201clerk of court for such a determination and appointment of
202a private attorney in certain civil cases; providing
203application requirements; prescribing duties of the clerk
204of court relating to an application; prescribing
205application requirements and review criteria; providing
206for determinations by a clerk of the basis of an
207applicant's indigency; providing criteria; providing for
208appointment of counsel on an interim basis; providing for
209review by the court of a clerk's determination; providing
210criteria; authorizing a court to determine a person
211indigent and eligible for appointed counsel; providing
212criteria and requirements for such determination;
213requiring persons determined to be indigent for civil
214proceedings to be enrolled in a payment plan and charged
215an administrative processing charge; providing plan
216criteria; providing for a reevaluation of indigent status
217and referral to the state attorney upon evidence of
218financial discrepancies or fraud; providing for recovery
219and disposition of certain amounts recovered; providing
220criminal penalties for the provision of false information;
221amending s. 92.142, F.S.; deleting a provision that
222provides for payment of per diem and travel expenses for a
223witness in a criminal case at the discretion of the court;
224amending s. 92.231, F.S.; removing a reference to the
225Article V Indigent Services Advisory Board; amending s.
226110.205, F.S.; specifying that members, officers, and
227employees of the Justice Administrative Commission and
228certain related organizations are exempt positions under
229career service provisions; amending s. 116.01, F.S.;
230providing procedures for the clerk of the court to remit
231funds to the Department of Revenue; amending s. 116.21,
232F.S.; authorizing sheriffs and clerks of the courts to pay
233certain deposited or collected funds into a specific fine
234and forfeiture fund; requiring the clerk to pay for the
235cost of publication of the list of unclaimed court-related
236funds; requiring unclaimed funds to be deposited into the
237fine and forfeiture fund; amending s. 119.07, F.S.;
238extending the time period during which certain social
239security numbers and other data included in court or
240official county records may be available for public
241inspection unless redaction is requested; extending the
242deadline by which court clerks and county recorders must
243keep such data confidential; amending s. 142.01, F.S.;
244clarifying those moneys to be included within the fine and
245forfeiture fund of the clerk of the circuit court;
246amending s. 213.13, F.S.; requiring that the court-related
247collections remitted by the clerk to the state be
248transmitted electronically within a specified period;
249amending s. 218.245, F.S.; revising the requirements for
250revenue sharing with respect to certain local governments;
251amending s. 219.07, F.S.; revising disbursement
252requirements for the clerk as part of his or her court-
253related functions; amending s. 219.075, F.S.; exempting
254funds collected by the clerk from the requirements for the
255investment of surplus funds of a county; amending s.
256318.121, F.S.; specifying that certain surcharges may not
257be added to civil traffic penalties; amending s. 318.18,
258F.S.; authorizing a portion of certain surcharge revenues
259to be used for local law libraries; requiring the clerk of
260the court to quarterly report the amount of certain
261surcharges collected to the chief judge, the Governor, and
262the Legislature; authorizing certain local governments to
263impose by ordinance a surcharge on any infraction or
264violation in addition to certain noncriminal traffic
265infractions and certain criminal violations; providing for
266transfer of revenues from such surcharge for certain
267purposes; prohibiting a court from waiving the surcharge;
268providing for repeal; amending s. 318.21, F.S.; providing
269for the disposition of traffic-infraction penalties for
270violations occurring in unincorporated areas of certain
271counties having a consolidated government or
272unincorporated areas of certain municipalities having a
273consolidated government; amending s. 318.31, F.S.;
274deleting provisions concerning the appointment of a civil
275traffic infraction hearing officer; amending s. 328.32,
276F.S.; providing additional limitation on a hearing
277officer's authority; amending s. 318.325, F.S.; deleting
278provisions specifying the funding of such hearing officer;
279amending s. 322.29, F.S.; increasing the fees charged for
280reinstating a driver's license; amending s. 372.72, F.S.;
281requiring that the proceeds from unclaimed bonds be
282deposited into the clerk's fine and forfeiture fund;
283amending s. 903.26, F.S.; revising the procedure for
284determining the amount of the costs incurred in returning
285a defendant to the county of jurisdiction; amending s.
286903.28, F.S.; revising certain notice requirements
287following the surrender or apprehension of a defendant for
288purposes of remission of a forfeiture; authorizing clerks
289of circuit courts to enter into contracts or interagency
290agreements to represent the clerk in certain actions;
291providing that the clerk is the real party in interest for
292all appeals arising from such an action; creating s.
293903.286, F.S.; authorizing the clerk to withhold
294sufficient funds to pay any unpaid court fees, court
295costs, and criminal penalties under certain circumstances;
296authorizing the clerk to obtain payment from the defendant
297or enroll the defendant in a payment plan under certain
298circumstances; amending s. 916.115, F.S.; revising
299requirements for the payment of experts; specifying which
300fees are to be paid by the state, the office of the public
301defender, the office of the state attorney, or the Justice
302Administrative Commission; amending s. 916.12, F.S.;
303revising the procedures under which the court may take
304action following a finding that the defendant is
305incompetent to proceed; requiring evaluation of a
306defendant; providing criteria; authorizing a court to
307commit a defendant or take other action under certain
308circumstances; amending s. 916.301, F.S.; requiring the
309court to pay for certain expert witnesses appointed by the
310court; amending s. 938.29, F.S.; providing for a judgment
311lien for the payment of certain attorney's fees to be
312filed without cost; amending s. 939.06, F.S.; clarifying
313that an acquitted defendant is not liable for certain
314costs or fees; providing a procedure for such a defendant
315to request a refund from the Justice Administrative
316Commission of costs or fees paid; amending s. 939.185,
317F.S.; authorizing certain local governments to impose by
318ordinance in addition to certain court costs and other
319costs, fines, and penalties imposed by law a surcharge to
320be imposed by court on persons pleading guilty or nolo
321contendere to certain criminal offenses; providing for
322transfer of revenues from such surcharge for certain
323purposes; providing for repeal; amending s. 985.05, F.S.;
324authorizing the Justice Administrative Commission to have
325access to certain court records; authorizing circuit
326courts to share certain juvenile delinquency restitution
327orders; amending s. 985.201, F.S.; revising the manner in
328which a court may retain jurisdiction over a child and the
329child's parent when the court has ordered restitution for
330certain delinquent acts; requiring the party calling a
331witness in traffic court to bear the costs; requiring the
332office of the state attorney to pay such costs if the
333witness is required to testify on behalf of the
334prosecution; authorizing the trial court administrator to
335recover expenditures for state-funded services if those
336services were furnished to a user possessing the ability
337to pay; providing for deposit of such funds; authorizing
338the trial court administrator to recover certain costs
339under certain circumstances; requiring the chief judge to
340determine the rate, which may not exceed the cost of the
341service and recovery; providing legislative intent for
342revisions to ss. 28.2402, 34.191, and 318.21, F.S.;
343revising the maximum annual budget amount for the Clerk of
344the Circuit Court, Miami-Dade County; repealing s. 29.014,
345F.S., relating to the Article V Indigent Service Advisory
346Board; repealing s. 318.37, F.S., relating to funding for
347a Civil Traffic Infraction Hearing Officer Program;
348amending s. 938.19, F.S.; authorizing a board of county
349commissioners to adopt an ordinance that incorporates the
350provisions of the act; providing funding for a teen court
351through the assessment of an additional court cost against
352each person who pleads guilty or nolo contendere to, or is
353convicted of, a violation of a criminal law, an ordinance,
354or a traffic offense in the county; providing exceptions;
355providing for administration by the clerk of the circuit
356court; authorizing the clerk of the circuit court to
357retain a specified percentage of the assessments
358collected; requiring the teen court to account for all
359funds received; requiring an annual report to the board of
360county commissioners by a specified date; authorizing
361specified organizations to administer a teen court
362program; prohibiting teen courts in counties adopting an
363ordinance from receiving court costs under s. 939.185,
364F.S.; amending s. 939.185, F.S.; providing an exception
365for teen court funding; providing appropriations;
366providing effective dates.
367
368Be It Enacted by the Legislature of the State of Florida:
369
370     Section 1.  Subsections (2), (3), (5), and (7) of section
37127.40, Florida Statutes, are amended to read:
372     27.40  Court-appointed counsel; circuit registries; minimum
373requirements; appointment by court.--
374     (2)  No later than October 1, 2004, Private counsel
375appointed by the court to provide representation shall be
376selected from a registry of individual attorneys established by
377the circuit Article V indigent services committee or procured
378through a competitive bidding process.
379     (3)  In utilizing a registry:
380     (a)  Each circuit Article V indigent services committee
381shall compile and maintain a list of attorneys in private
382practice, by county and by category of cases. From October 1,
3832005, through September 30, 2007, the list of attorneys compiled
384by the Eleventh Judicial Circuit shall provide the race, gender,
385and national origin of assigned attorneys. To be included on a
386registry, attorneys shall certify that they meet any minimum
387requirements established in general law for court appointment,
388are available to represent indigent defendants in cases
389requiring court appointment of private counsel, and are willing
390to abide by the terms of the contract for services. To be
391included on a registry, an attorney also must enter into a
392contract for services with the Justice Administrative
393Commission. Failure to comply with the terms of the contract for
394services may result in termination of the contract and removal
395from the registry. Each attorney on the registry shall be
396responsible for notifying the circuit Article V indigent
397services committee and the Justice Administrative Commission of
398any change in his or her status. Failure to comply with this
399requirement shall be cause for termination of the contract for
400services and removal from the registry until the requirement is
401fulfilled.
402     (b)  The court shall appoint attorneys in rotating order in
403the order in which names appear on the applicable registry,
404unless the court makes a finding of good cause on the record for
405appointing an attorney out of order. An attorney not appointed
406in the order in which his or her name appears on the list shall
407remain next in order.
408     (c)  If it finds the number of attorneys on the registry in
409a county or circuit for a particular category of cases is
410inadequate, the circuit Article V indigent services committee
411shall notify the chief judge of the particular circuit in
412writing. The chief judge shall submit the names of at least
413three private attorneys with relevant experience. The clerk of
414court shall send an application to each of these attorneys to
415register for appointment.
416     (d)  Quarterly, beginning no later than October 1, 2004,
417each circuit Article V indigent services committee shall provide
418a current copy of each registry to the Chief Justice of the
419Supreme Court, the chief judge, the state attorney and public
420defender in each judicial circuit, and the clerk of court in
421each county, the Justice Administrative Commission, and the
422Indigent Services Advisory Board with a current copy of each
423registry. From October 1, 2005, through September 30, 2007, the
424report submitted by the Eleventh Judicial Circuit shall include
425the race, gender, and national origin of all attorneys listed in
426and appointed under the registry.
427     (5)  The Justice Administrative Commission shall approve
428uniform contract forms for use in procuring the services of
429private court-appointed counsel and uniform procedures and forms
430for use by a court-appointed attorney in support of billing for
431attorney's fees, costs, and related expenses to demonstrate the
432attorney's completion of specified duties.
433     (7)(a)  An attorney appointed to represent a defendant or
434other client is entitled to payment pursuant to s. 27.5304, only
435upon full performance by the attorney of specified duties,
436approval of payment by the court, except for payment based on a
437flat fee per case as provided in s. 27.5304; and attorney
438submission of a payment request to the Justice Administrative
439Commission. Upon being permitted to withdraw from a case, a
440court-appointed attorney shall submit a copy of the order to the
441Justice Administrative Commission at the time it is issued by
442the court. If an attorney is permitted to withdraw or is
443otherwise removed from representation prior to full performance
444of the duties specified in this section for reasons other than
445breach of duty, the trial court shall approve payment of
446attorney's fees and costs for work performed in an amount not to
447exceed the amounts specified in s. 27.5304. Withdrawal from a
448case prior to full performance of the duties specified shall
449create a rebuttable presumption that the attorney is not
450entitled to the entire flat fee for those cases paid on a flat-
451fee-per-case basis.
452     (b)  The attorney shall maintain appropriate documentation,
453including a current and detailed hourly accounting of time spent
454representing the defendant or other client. These records and
455documents are subject to review by the Justice Administrative
456Commission, subject to the attorney-client privilege and work
457product privilege.
458     Section 2.  Section 27.42, Florida Statutes, is amended to
459read:
460     27.42  Circuit Article V indigent services committees;
461composition; staff; responsibilities; funding.--
462     (1)  In each judicial circuit a circuit Article V indigent
463services committee shall be established. The committee shall
464consist of the following:
465     (a)  The chief judge of the judicial circuit or the chief
466judge's designee, who shall serve as the chair.
467     (b)  The public defender of the judicial circuit, or
468designee from within the office of the public defender.
469     (c)  One experienced private criminal defense attorney
470appointed by the chief judge to serve a 2-year term. During the
4712-year term, the attorney is prohibited from serving as court-
472appointed counsel.
473     (d)  One experienced civil trial attorney appointed by the
474chief judge, to serve a 2-year term. During the 2-year term, the
475attorney is prohibited from serving as court-appointed counsel.
476     (2)(a)  The responsibility of the circuit Article V
477indigent services committee is to manage the appointment and
478compensation of court-appointed counsel within a circuit
479pursuant to ss. 27.40 and 27.5303. The committee shall also set
480the compensation rates of due-process service providers in cases
481where the court has appointed counsel or declared a person
482indigent for costs, not to exceed any rates specified in the
483General Appropriations Act such that the total amount expended
484does not exceed the amount budgeted in the General
485Appropriations Act for the particular due-process service. The
486circuit Article V indigent services committee shall meet at
487least quarterly.
488     (b)  No later than October 1, 2004, Each circuit Article V
489indigent services committee shall maintain a registry pursuant
490to s. 27.40, even when procuring counsel through a competitive
491bidding process. However, if counsel is procured through a
492competitive bidding process, the registry shall be used only
493when counsel obtained through that process is unable to provide
494representation due to a conflict of interest or reasons beyond
495their control. The committee shall apply any eligibility and
496performance standards set by the Legislature.
497     (c)  Each circuit Article V indigent services committee
498shall develop a schedule of standard fees and expense allowances
499for the categories of cases specified in s. 27.5304 27.5303,
500consistent with the overall compensation rates in that section
501and within the amount of appropriated funds allocated by the
502Justice Administrative Commission to the circuit for this
503purpose.
504     (d)  Each circuit Article V indigent services committee
505shall establish a schedule of standard allowances for due-
506process expenses for cases in which the court has declared a
507person indigent for costs, within the amount of appropriated
508funds allocated by the Justice Administrative Commission to the
509circuit for this purpose.
510     (3)  Notwithstanding any other provision of this section, a
511circuit Article V indigent services committee may approve, and
512the Justice Administrative Commission shall investigate and
513evaluate the use of funds for, alternate models for the
514provision of criminal and civil due-process services and
515representation other than a model based on a per-case fee if a
516more cost-effective and efficient system can be provided. An
517alternate model may include court-reporting services and the
518provision of court-appointed counsel.
519     (4)(3)  The Justice Administrative Commission shall prepare
520and issue on a quarterly basis a statewide report comparing
521actual year-to-date expenditures to budgeted amounts for the
522circuit Article V indigent services committees in each of the
523judicial circuits. Copies of these quarterly reports shall be
524distributed to each circuit Article V indigent services
525committee and to the Governor, the Chief Justice of the Supreme
526Court, the President of the Senate, and the Speaker of the House
527of Representatives.
528     (5)(4)(a)  The funding and positions for the processing of
529committees' fees and expenses shall be as appropriated to the
530Justice Administrative Commission in the General Appropriations
531Act.
532     (b)  Funds for criminal conflict attorney's fees and
533expenses shall be appropriated by the Legislature in a separate
534appropriations category within the Justice Administrative
535Commission. These funds shall be allocated to each circuit as
536prescribed in the General Appropriations Act.
537     (c)  Funds for attorney's fees and expenses for child
538dependency and civil conflict cases shall be appropriated by the
539Legislature in a separate appropriations category within the
540Justice Administrative Commission.
541     (d)  Any funds the Legislature appropriates for other
542court-appointed counsel cases shall be as appropriated within
543the Justice Administrative Commission.
544
545The Justice Administrative Commission shall separately track
546expenditures on private court-appointed counsel for the
547following categories of cases: criminal conflict, civil
548conflict, dependency and termination of parental rights, and
549guardianship. From October 1, 2005, through September 30, 2007,
550the Justice Administrative Commission shall also track and issue
551a report on the race, gender, and national origin of private
552court-appointed counsel for the Eleventh Judicial Circuit.
553     Section 3.  Section 27.52, Florida Statutes, is amended to
554read:
555     (Substantial rewording of section. See
556     s. 27.52, F.S., for present text.)
557     27.52  Determination of indigent status.--
558     (1)  APPLICATION TO THE CLERK.--A person seeking
559appointment of a public defender under s. 27.51 based upon an
560inability to pay must apply to the clerk of the court for a
561determination of indigent status using an application form
562developed by the Florida Clerks of Court Operations Corporation
563with final approval by the Supreme Court.
564     (a)  The application must include, at a minimum, the
565following financial information:
566     1.  Net income, consisting of total salary and wages, minus
567deductions required by law, including court-ordered support
568payments.
569     2.  Other income, including, but not limited to, social
570security benefits, union funds, veterans' benefits, workers'
571compensation, other regular support from absent family members,
572public or private employee pensions, unemployment compensation,
573dividends, interest, rent, trusts, and gifts.
574     3.  Assets, including, but not limited to, cash, savings
575accounts, bank accounts, stocks, bonds, certificates of deposit,
576equity in real estate, and equity in a boat or a motor vehicle
577or in other tangible property.
578     4.  All liabilities and debts.
579     5.  If applicable, the amount of any bail paid for the
580applicant's release from incarceration and the source of the
581funds.
582
583The application must include a signature by the applicant which
584attests to the truthfulness of the information provided. The
585application form developed by the corporation must include
586notice that the applicant may seek court review of a clerk's
587determination that the applicant is not indigent, as provided in
588this section.
589     (b)  An applicant shall pay a $40 application fee to the
590clerk for each application for court-appointed counsel filed.
591The applicant shall pay the fee within 7 days after submitting
592the application. If the applicant does not pay the fee prior to
593the disposition of the case, the clerk shall notify the court,
594and the court shall:
595     1.  Assess the application fee as part of the sentence or
596as a condition of probation; or
597     2.  Assess the application fee pursuant to s. 938.29.
598     (c)  Notwithstanding any provision of law, court rule, or
599administrative order, the clerk shall assign the first $40 of
600any fees or costs paid by an indigent person as payment of the
601application fee. A person found to be indigent may not be
602refused counsel or other required due-process services for
603failure to pay the fee.
604     (d)  All application fees collected by the clerk under this
605section shall be transferred monthly by the clerk to the
606Department of Revenue for deposit in the Indigent Criminal
607Defense Trust Fund administered by the Justice Administrative
608Commission, to be used to as appropriated by the Legislature.
609The clerk may retain 2 percent of application fees collected
610monthly for administrative costs prior to remitting the
611remainder to the Department of Revenue.
612     (e)1.  The clerk shall assist a person who appears before
613the clerk and requests assistance in completing the application,
614and the clerk shall notify the court if a person is unable to
615complete the application after the clerk has provided
616assistance.
617     2.  If the person seeking appointment of a public defender
618is incarcerated, the public defender is responsible for
619providing the application to the person and assisting him or her
620in its completion and is responsible for submitting the
621application to the clerk on the person's behalf. The public
622defender may enter into an agreement for jail employees,
623pretrial services employees, or employees of other criminal
624justice agencies to assist the public defender in performing
625functions assigned to the public defender under this
626subparagraph.
627     (2)  DETERMINATION BY THE CLERK.--The clerk of the court
628shall determine whether an applicant seeking appointment of a
629public defender is indigent based upon the information provided
630in the application and the criteria prescribed in this
631subsection.
632     (a)1.  An applicant, including an applicant who is a minor
633or an adult tax-dependent person, is indigent if the applicant's
634income is equal to or below 200 percent of the then-current
635federal poverty guidelines prescribed for the size of the
636household of the applicant by the United States Department of
637Health and Human Services or if the person is receiving
638Temporary Assistance for Needy Families-Cash Assistance,
639poverty-related veterans' benefits, or Supplemental Security
640Income (SSI).
641     2.  There is a presumption that the applicant is not
642indigent if the applicant owns, or has equity in, any intangible
643or tangible personal property or real property or the expectancy
644of an interest in any such property having a net equity value of
645$2,500 or more, excluding the value of the person's homestead
646and one vehicle having a net value not exceeding $5,000.
647     (b)  Based upon its review, the clerk shall make one of the
648following determinations:
649     1.  The applicant is not indigent.
650     2.  The applicant is indigent.
651     (c)1.  If the clerk determines that the applicant is
652indigent, the clerk shall submit the determination to the office
653of the public defender and immediately file the determination in
654the case file.
655     2.  If the public defender is unable to provide
656representation due to a conflict pursuant to s. 27.5303, the
657public defender shall move the court for withdrawal from
658representation and appointment of private counsel.
659     (d)  The duty of the clerk in determining whether an
660applicant is indigent shall be limited to receiving the
661application and comparing the information provided in the
662application to the criteria prescribed in this subsection. The
663determination of indigent status is a ministerial act of the
664clerk and not a decision based on further investigation or the
665exercise of independent judgment by the clerk. The clerk may
666contract with third parties to perform functions assigned to the
667clerk under this section.
668     (e)  The applicant may seek review of the clerk's
669determination that the applicant is not indigent in the court
670having jurisdiction over the matter at the next scheduled
671hearing. If the applicant seeks review of the clerk's
672determination of indigent status, the court shall make a final
673determination as provided in subsection (4).
674     (3)  APPOINTMENT OF COUNSEL ON INTERIM BASIS.--If the clerk
675of the court has not made a determination of indigent status at
676the time a person requests appointment of a public defender, the
677court shall make a preliminary determination of indigent status,
678pending further review by the clerk, and may, by court order,
679appoint a public defender or private counsel on an interim
680basis.
681     (4)  REVIEW OF CLERK'S DETERMINATION.--
682     (a)  If the clerk of the court determines that the
683applicant is not indigent, and the applicant seeks review of the
684clerk's determination, the court shall make a final
685determination of indigent status by reviewing the information
686provided in the application against the criteria prescribed in
687subsection (2) and by considering the following additional
688factors:
689     1.  Whether the applicant has been released on bail in an
690amount of $5,000 or more.
691     2.  Whether a bond has been posted, the type of bond, and
692who paid the bond.
693     3.  Whether paying for private counsel in an amount that
694exceeds the limitations in s. 27.5304, or other due-process
695services creates a substantial hardship for the applicant or the
696applicant's family.
697     4.  Any other relevant financial circumstances of the
698applicant or the applicant's family.
699     (b)  Based upon its review, the court shall make one of the
700following determinations and, if the applicant is indigent,
701shall appoint a public defender or, if appropriate, private
702counsel:
703     1.  The applicant is not indigent.
704     2.  The applicant is indigent.
705     (5)  INDIGENT FOR COSTS.--A person who is eligible to be
706represented by a public defender under s. 27.51 but who is
707represented by private counsel not appointed by the court for a
708reasonable fee as approved by the court, on a pro bono basis, or
709who is proceeding pro se, may move the court for a determination
710that he or she is indigent for costs and eligible for the
711provision of due-process services, as prescribed by ss. 29.006
712and 29.007, funded by the state.
713     (a)  The person must submit to the court:
714     1.  The completed application prescribed in subsection (1).
715     2.  In the case of a person represented by counsel, an
716affidavit attesting to the estimated amount of attorney's fees
717and the source of payment for these fees.
718     (b)  In reviewing the motion, the court shall consider:
719     1.  Whether the applicant applied for a determination of
720indigent status under subsection (1) and the outcome of such
721application.
722     2.  The extent to which the person's income equals or
723exceeds the income criteria prescribed in subsection (2).
724     3.  The additional factors prescribed in subsection (4).
725     4.  Whether the applicant is proceeding pro se.
726     5.  When the applicant retained private counsel.
727     6.  The amount of any attorney's fees and who is paying the
728fees.
729     (c)  Based upon its review, the court shall make one of the
730following determinations:
731     1.  The applicant is not indigent for costs.
732     2.  The applicant is indigent for costs.
733     (d)  The provision of due-process services based upon a
734determination that a person is indigent for costs under this
735subsection must be effectuated pursuant to a court order, a copy
736of which the clerk shall provide to counsel representing the
737person, or to the person directly if he or she is proceeding pro
738se, for use in requesting payment of due-process expenses
739through the Justice Administrative Commission. Counsel
740representing a person declared indigent for costs shall execute
741the Justice Administrative Commission's contract for counsel
742representing persons determined to be indigent for costs.
743     (6)  DUTIES OF PARENT OR LEGAL GUARDIAN.--A nonindigent
744parent or legal guardian of an applicant who is a minor or an
745adult tax-dependent person shall furnish the minor or adult tax-
746dependent person with the necessary legal services and costs
747incident to a delinquency proceeding or, upon transfer of such
748person for criminal prosecution as an adult pursuant to chapter
749985, a criminal prosecution in which the person has a right to
750legal counsel under the Constitution of the United States or the
751Constitution of the State of Florida. The failure of a parent or
752legal guardian to furnish legal services and costs under this
753section does not bar the appointment of legal counsel pursuant
754to this section, s. 27.40, or s. 27.5303. When the public
755defender, a private court-appointed conflict counsel, or a
756private attorney is appointed to represent a minor or an adult
757tax-dependent person in any proceeding in circuit court or in a
758criminal proceeding in any other court, the parents or the legal
759guardian shall be liable for payment of the fees, charges, and
760costs of the representation even if the person is a minor being
761tried as an adult. Liability for the fees, charges, and costs of
762the representation shall be imposed in the form of a lien
763against the property of the nonindigent parents or legal
764guardian of the minor or adult tax-dependent person. The lien is
765enforceable as provided in s. 27.561 or s. 938.29.
766     (7)  FINANCIAL DISCREPANCIES; FRAUD; FALSE INFORMATION.--
767     (a)  If the court learns of discrepancies between the
768application or motion and the actual financial status of the
769person found to be indigent or indigent for costs, the court
770shall determine whether the public defender or private attorney
771shall continue representation or whether the authorization for
772any other due-process services previously authorized shall be
773revoked. The person may be heard regarding the information
774learned by the court. If the court, based on the information,
775determines that the person is not indigent or indigent for
776costs, the court shall order the public defender or private
777attorney to discontinue representation and revoke the provision
778of any other authorized due-process services.
779     (b)  If the court has reason to believe that any applicant,
780through fraud or misrepresentation, was improperly determined to
781be indigent or indigent for costs, the matter shall be referred
782to the state attorney. Twenty-five percent of any amount
783recovered by the state attorney as reasonable value of the
784services rendered, including fees, charges, and costs paid by
785the state on the person's behalf, shall be remitted to the
786Department of Revenue for deposit into the Grants and Donations
787Trust Fund within the Justice Administrative Commission.
788Seventy-five percent of any amount recovered shall be remitted
789to the Department of Revenue for deposit into the General
790Revenue Fund.
791     (c)  A person who knowingly provides false information to
792the clerk or the court in seeking a determination of indigent
793status under this section commits a misdemeanor of the first
794degree, punishable as provided in s. 775.082 or s. 775.083.
795     Section 4.  Subsections (1), (2), and (6) of section
79627.5304, Florida Statutes, are amended, and subsections (7),
797(8), (9), and (10) are added to said section, to read:
798     27.5304  Private court-appointed counsel; compensation.--
799     (1)  Private court-appointed counsel shall be compensated
800by the Justice Administrative Commission in an amount not to
801exceed the fee limits established in this section. The attorney
802also shall be reimbursed for reasonable and necessary expenses
803in accordance with s. 29.007. If the attorney is representing a
804defendant charged with more than one offense in the same case,
805the attorney shall be compensated at the rate provided for the
806most serious offense for which he or she represented the
807defendant. This section does not allow stacking of the fee
808limits established by this section. Private court-appointed
809counsel providing representation under an alternative model
810shall enter into a uniform contract with the Justice
811Administrative Commission and shall use the Justice
812Administrative Commission's uniform procedures and forms in
813support of billing for attorney's fees, costs, and related
814expenses. Failure to comply with the terms of the contract for
815services may result in termination of the contract.
816     (2)  The Justice Administrative Commission shall review an
817intended billing by private court-appointed counsel for
818attorney's fees based on a flat fee per case for completeness
819and compliance with contractual, statutory, and circuit Article
820V indigent services committee requirements. The commission may
821approve the intended bill for a flat fee per case for payment
822without approval by the court if the intended billing is
823correct. For all other intended billings, prior to filing a
824motion for an order approving payment of attorney's fees, costs,
825or related expenses, the private court-appointed counsel shall
826deliver a copy of the intended billing, together with supporting
827affidavits and all other necessary documentation, to the Justice
828Administrative Commission. The Justice Administrative Commission
829shall review the billings, affidavit, and documentation for
830completeness and compliance with contractual and statutory
831requirements. If the Justice Administrative Commission objects
832to any portion of the proposed billing, the objection and
833reasons therefor shall be communicated to the private court-
834appointed counsel. The private court-appointed counsel may
835thereafter file his or her motion for order approving payment of
836attorney's fees, costs, or related expenses together with
837supporting affidavits and all other necessary documentation. The
838motion must specify whether the Justice Administrative
839Commission objects to any portion of the billing or the
840sufficiency of documentation and shall attach the Justice
841Administrative Commission's letter stating its objection. The
842attorney shall have the burden to prove the entitlement to
843attorney's fees, costs, or related expenses, if so, the reasons
844therefor. A copy of the motion and attachments shall be served
845on the Justice Administrative Commission at least 5 business
846days prior to the date of a hearing. The Justice Administrative
847Commission shall have standing to appear before the court to
848contest any motion for order approving payment of attorney's
849fees, costs, or related expenses and may participate in a
850hearing on the motion by use of telephonic or other
851communication equipment unless ordered otherwise. The Justice
852Administrative Commission may contract with other public or
853private entities or individuals to appear before the court for
854the purpose of contesting any motion for order approving payment
855of attorney's fees, costs, or related expenses. The fact that
856the Justice Administrative Commission has not objected to any
857portion of the billing or to the sufficiency of the
858documentation is not binding on the court. The court retains
859primary authority and responsibility for determining the
860reasonableness of all billings for attorney's fees, costs, and
861related expenses, subject to statutory limitations. Private
862court-appointed counsel is entitled to compensation upon final
863disposition of a case, except as provided in subsections (7),
864(8), and (10). Before final disposition of a case, a private
865court-appointed counsel may file a motion for fees, costs, and
866related expenses for services completed up to the date of the
867motion in any case or matter in which legal services have been
868provided by the attorney for more than 1 year. The amount
869approved by the court may not exceed 80 percent of the fees
870earned, or costs and related expenses incurred, to date, or an
871amount proportionate to the maximum fees permitted under this
872section based on legal services provided to date, whichever is
873less. The court may grant the motion if counsel shows that
874failure to grant the motion would work a particular hardship
875upon counsel.
876     (6)  A private attorney appointed in lieu of the public
877defender to represent an indigent defendant may not reassign or
878subcontract the case to another attorney or allow another
879attorney to appear at a critical stage of a case who is not on
880the registry developed under pursuant to s. 27.40.
881     (7)  Private court-appointed counsel representing a parent
882in a dependency case that is open may submit a request for
883payment to the Justice Administrative Commission at the
884following intervals:
885     (a)  Upon entry of an order of disposition as to the parent
886being represented.
887     (b)  Upon conclusion of a 12-month permanency review.
888     (c)  Following a judicial review hearing.
889
890In no case, however, may counsel submit requests under this
891subsection more than once per quarter, unless the court finds
892extraordinary circumstances justifying more frequent submission
893of payment requests.
894     (8)  Private court-appointed counsel representing an
895individual in an appeal to a district court of appeal or the
896Supreme Court may submit a request for payment to the Justice
897Administrative Commission at the following intervals:
898     (a)  Upon the filing of an appellate brief, including, but
899not limited to, a reply brief.
900     (b)  When the opinion of the appellate court is finalized.
901     (9)  Private court-appointed counsel may not bill for
902preparation of invoices whether or not the case is paid on the
903basis of an hourly rate or by flat fee.
904     (10)  The Justice Administrative Commission shall develop a
905schedule to provide partial payment of criminal attorney fees
906for cases that are not resolved within 6 months. The schedule
907must provide that the aggregate payments shall not exceed limits
908established by law. Any partial payment made pursuant to this
909subsection shall not exceed the actual value of services
910provided to date. Any partial payment shall be proportionate to
911the value of services provided based on payment rates included
912in the contract, not to exceed any limit provided by law.
913     Section 5.  Subsection (2) of section 27.54, Florida
914Statutes, is amended to read:
915     27.54  Limitation on payment of expenditures for public
916defender's office other than by the state.--
917     (2)  A county or municipality may contract with, or
918appropriate or contribute funds to, the operation of the offices
919of the various public defenders as provided in this subsection.
920A public defender defending violations of special laws or county
921or municipal ordinances punishable by incarceration and not
922ancillary to a state charge shall contract with counties and
923municipalities to recover the full cost of services rendered on
924an hourly basis or reimburse the state for the full cost of
925assigning one or more full-time equivalent attorney positions to
926work on behalf of the county or municipality. Notwithstanding
927any other provision of law, in the case of a county with a
928population of less than 75,000, the public defender shall
929contract for full reimbursement, or for reimbursement as the
930parties otherwise agree. In local ordinance violation cases, the
931county or municipality shall pay for due-process services that
932are approved by the court, including deposition costs,
933deposition transcript costs, investigative costs, witness fees,
934expert witness costs, and interpreter costs. The person charged
935with the violation shall be assessed a fee for the services of a
936public defender and other costs and fees paid by the county or
937municipality, which assessed fee may be reduced to a lien, in
938all instances in which the person enters a plea of guilty or no
939contest or is found to be in violation or guilty of any count or
940lesser included offense of the charge or companion case charges,
941regardless of adjudication. The court shall determine the amount
942of the obligation. The county or municipality may recover
943assessed fees through collections court or as otherwise
944permitted by law and any fees recovered pursuant to this section
945shall be forwarded to the applicable county or municipality as
946reimbursement.
947     (a)  A contract for reimbursement on an hourly basis shall
948require a county or municipality to reimburse the public
949defender for services rendered at a rate of $50 per hour. If an
950hourly rate is specified in the General Appropriations Act, that
951rate shall control.
952     (b)  A contract for assigning one or more full-time
953equivalent attorney positions to perform work on behalf of the
954county or municipality shall assign one or more full-time
955equivalent positions based on estimates by the public defender
956of the number of hours required to handle the projected
957workload. The full cost of each full-time equivalent attorney
958position on an annual basis shall be $50, or the amount
959specified in the General Appropriations Act, multiplied by the
960legislative budget request standard for available work hours for
961one full-time equivalent attorney position, or, in the absence
962of that standard, 1,854 hours. The contract may provide for
963funding full-time equivalent positions in one-quarter
964increments.
965     (c)  Any payments received pursuant to this subsection
966shall be deposited into the Grants and Donations Trust Fund
967within the Justice Administrative Commission for appropriation
968by the Legislature.
969     Section 6.  Section 28.24, Florida Statutes, is amended to
970read:
971     28.24  Service charges by clerk of the circuit court.--The
972clerk of the circuit court shall may charge for services
973rendered by the clerk's office in recording documents and
974instruments and in performing the duties enumerated in amounts
975not to exceed those specified in this section. Notwithstanding
976any other provision of this section, the clerk of the circuit
977court shall provide without charge to the state attorney, public
978defender, and guardian ad litem, public guardian, attorney ad
979litem, and court-appointed counsel paid by the state, and to the
980authorized staff acting on behalf of each, access to and a copy
981of any public record, if the requesting party is entitled by law
982to view the exempt or confidential record, as maintained by and
983in the custody of the clerk of the circuit court as provided in
984general law and the Florida Rules of Judicial Administration.
985The clerk of the circuit court may provide the requested public
986record in an electronic format in lieu of a paper format when
987capable of being accessed by the requesting entity.
988
989Charges
990     (1)  For examining, comparing, correcting, verifying, and
991certifying transcripts of record in appellate proceedings,
992prepared by attorney for appellant or someone else other than
993clerk per page....4.50
994     (2)  For preparing, numbering, and indexing an original
995record of appellate proceedings, per instrument....3.00
996     (3)  For certifying copies of any instrument in the public
997records....1.50
998     (4)  For verifying any instrument presented for
999certification prepared by someone other than clerk, per
1000page....3.00
1001     (5)(a)  For making copies by photographic process of any
1002instrument in the public records consisting of pages of not more
1003than 14 inches by 81/2 inches, per page....1.00
1004     (b)  For making copies by photographic process of any
1005instrument in the public records of more than 14 inches by 81/2
1006inches, per page....5.00
1007     (6)  For making microfilm copies of any public records:
1008     (a)  16 mm 100' microfilm roll....37.50
1009     (b)  35 mm 100' microfilm roll....52.50
1010     (c)  Microfiche, per fiche....3.00
1011     (7)  For copying any instrument in the public records by
1012other than photographic process, per page....6.00
1013     (8)  For writing any paper other than herein specifically
1014mentioned, same as for copying, including signing and
1015sealing....6.00
1016     (9)  For indexing each entry not recorded....1.00
1017     (10)  For receiving money into the registry of court:
1018     (a)1.  First $500, percent....3
1019     2.  Each subsequent $100, percent....1.5
1020     (b)  Eminent domain actions, per deposit....$150.00
1021     (11)  For examining, certifying, and recording plats and
1022for recording condominium exhibits larger than 14 inches by 81/2
1023inches:
1024     (a)  First page....30.00
1025     (b)  Each additional page....15.00
1026     (12)  For recording, indexing, and filing any instrument
1027not more than 14 inches by 81/2 inches, including required
1028notice to property appraiser where applicable:
1029     (a)  First page or fraction thereof....5.00
1030     (b)  Each additional page or fraction thereof....4.00
1031     (c)  For indexing instruments recorded in the official
1032records which contain more than four names, per additional
1033name....1.00
1034     (d)  An additional service charge shall be paid to the
1035clerk of the circuit court to be deposited in the Public Records
1036Modernization Trust Fund for each instrument listed in s.
103728.222, except judgments received from the courts and notices of
1038lis pendens, recorded in the official records:
1039     1.  First page....1.00
1040     2.  Each additional page....0.50
1041
1042Said fund shall be held in trust by the clerk and used
1043exclusively for equipment and maintenance of equipment,
1044personnel training, and technical assistance in modernizing the
1045public records system of the office. In a county where the duty
1046of maintaining official records exists in an office other than
1047the office of the clerk of the circuit court, the clerk of the
1048circuit court is entitled to 25 percent of the moneys deposited
1049into the trust fund for equipment, maintenance of equipment,
1050training, and technical assistance in modernizing the system for
1051storing records in the office of the clerk of the circuit court.
1052The fund may not be used for the payment of travel expenses,
1053membership dues, bank charges, staff-recruitment costs, salaries
1054or benefits of employees, construction costs, general operating
1055expenses, or other costs not directly related to obtaining and
1056maintaining equipment for public records systems or for the
1057purchase of furniture or office supplies and equipment not
1058related to the storage of records. On or before December 1,
10591995, and on or before December 1 of each year immediately
1060preceding each year during which the trust fund is scheduled for
1061legislative review under s. 19(f)(2), Art. III of the State
1062Constitution, each clerk of the circuit court shall file a
1063report on the Public Records Modernization Trust Fund with the
1064President of the Senate and the Speaker of the House of
1065Representatives. The report must itemize each expenditure made
1066from the trust fund since the last report was filed; each
1067obligation payable from the trust fund on that date; and the
1068percentage of funds expended for each of the following:
1069equipment, maintenance of equipment, personnel training, and
1070technical assistance. The report must indicate the nature of the
1071system each clerk uses to store, maintain, and retrieve public
1072records and the degree to which the system has been upgraded
1073since the creation of the trust fund.
1074     (e)  An additional service charge of $4 per page shall be
1075paid to the clerk of the circuit court for each instrument
1076listed in s. 28.222, except judgments received from the courts
1077and notices of lis pendens, recorded in the official records.
1078From the additional $4 service charge collected:
1079     1.  If the counties maintain legal responsibility for the
1080costs of the court-related technology needs as defined in s.
108129.008(1)(f)2. and (h), 10 cents shall be distributed to the
1082Florida Association of Court Clerks and Comptroller, Inc., for
1083the cost of development, implementation, operation, and
1084maintenance of the clerks' Comprehensive Case Information
1085System, in which system all clerks shall participate on or
1086before January 1, 2006; $1.90 shall be retained by the clerk to
1087be deposited in the Public Records Modernization Trust Fund and
1088used exclusively for funding court-related technology needs of
1089the clerk as defined in s. 29.008(1)(f)2. and (h); and $2 shall
1090be distributed to the board of county commissioners to be used
1091exclusively to fund court-related technology, and court
1092technology needs as defined in s. 29.008(1)(f)2. and (h) for the
1093state trial courts, state attorney, and public defender in that
1094county. If the counties maintain legal responsibility for the
1095costs of the court-related technology needs as defined in s.
109629.008(1)(f)2. and (h), notwithstanding any other provision of
1097law, the county is not required to provide additional funding
1098beyond that provided herein for the court-related technology
1099needs of the clerk as defined in s. 29.008(1)(f)2. and (h). All
1100court records and official records are the property of the State
1101of Florida, including any records generated as part of the
1102Comprehensive Case Information System funded pursuant to this
1103paragraph and the clerk of court is designated as the custodian
1104of such records, except in a county where the duty of
1105maintaining official records exists in a county office other
1106than the clerk of court or comptroller, such county office is
1107designated the custodian of all official records, and the clerk
1108of court is designated the custodian of all court records. The
1109clerk of court or any entity acting on behalf of the clerk of
1110court, including an association, shall not charge a fee to any
1111agency as defined in s. 119.011, the Legislature, or the State
1112Court System for copies of records generated by the
1113Comprehensive Case Information System or held by the clerk of
1114court or any entity acting on behalf of the clerk of court,
1115including an association.
1116     2.  If the state becomes legally responsible for the costs
1117of court-related technology needs as defined in s.
111829.008(1)(f)2. and (h), whether by operation of general law or
1119by court order, $4 shall be remitted to the Department of
1120Revenue for deposit into the General Revenue Fund.
1121     (13)  Oath, administering, attesting, and sealing, not
1122otherwise provided for herein....3.00
1123     (14)  For validating certificates, any authorized bonds,
1124each....3.00
1125     (15)  For preparing affidavit of domicile....5.00
1126     (16)  For exemplified certificates, including signing and
1127sealing....6.00
1128     (17)  For authenticated certificates, including signing and
1129sealing....6.00
1130     (18)(a)  For issuing and filing a subpoena for a witness,
1131not otherwise provided for herein (includes writing, preparing,
1132signing, and sealing)....6.00
1133     (b)  For signing and sealing only....1.50
1134     (19)  For approving bond....7.50
1135     (20)  For searching of records, for each year's
1136search....1.50
1137     (21)  For processing an application for a tax deed sale
1138(includes application, sale, issuance, and preparation of tax
1139deed, and disbursement of proceeds of sale), other than excess
1140proceeds....60.00
1141     (22)  For disbursement of excess proceeds of tax deed sale,
1142first $100 or fraction thereof....10.00
1143     (23)  Upon receipt of an application for a marriage
1144license, for preparing and administering of oath; issuing,
1145sealing, and recording of the marriage license; and providing a
1146certified copy....30.00
1147     (24)  For solemnizing matrimony....30.00
1148     (25)  For sealing any court file or expungement of any
1149record....37.50
1150     (26)(a)  For receiving and disbursing all restitution
1151payments, per payment....3.00
1152     (b)  For receiving and disbursing all partial payments,
1153other than restitution payments, for which an administrative
1154processing service charge is not imposed pursuant to s. 28.246,
1155per month....5.00
1156     (c)  For setting up a payment plan, a one-time
1157administrative processing charge in lieu of a per month charge
1158under paragraph (b)....25.00
1159     (27)  Postal charges incurred by the clerk of the circuit
1160court in any mailing by certified or registered mail shall be
1161paid by the party at whose instance the mailing is made.
1162     (28)  For furnishing an electronic copy of information
1163contained in a computer database: a fee as provided for in
1164chapter 119.
1165     Section 7.  Effective upon this act becoming a law,
1166paragraph (a) of subsection (1) and subsection (2) of section
116728.2402, Florida Statutes, are amended to read:
1168     28.2402  Cost recovery; use of the circuit court for
1169ordinance or special law violations.--
1170     (1)(a)  In lieu of payment of a filing fee under s. 28.241,
1171a filing fee of $10 shall be paid by a county or municipality
1172when filing a county or municipal ordinance violation or
1173violation of a special law in circuit court. This fee shall be
1174paid to the clerk of the court for performing court-related
1175functions. A county or municipality is not required to pay more
1176than one filing fee for a single filing against a single
1177defendant that contains multiple alleged violations. A filing
1178fee, other than that imposed under this section, may not be
1179assessed for initiating an enforcement proceeding in circuit
1180court for a violation of a county or municipal code or ordinance
1181or a violation of a special law. The filing fee shall not apply
1182to instances in which a county or municipality has contracted
1183with the state, or has been delegated by the state,
1184responsibility for enforcing state operations, policies, or
1185requirements under s. 125.69, s. 166.0415, or chapter 162.
1186     (2)  To offset costs incurred by the clerks of the court in
1187performing court-related functions associated with the
1188processing of violations of special laws and municipal
1189ordinances, 10 percent of the total amount of fines paid to each
1190municipality for special law or ordinance violations filed in
1191circuit court shall be retained by the clerk of the court for
1192deposit into the clerk's fine and forfeiture fund established
1193pursuant to s. 142.01, except for fines a portion of which the
1194clerk of the court retains pursuant to any other provision of
1195state law. A municipality does not include the unincorporated
1196areas, if any, of a government created pursuant to s. 6(e), Art.
1197VIII of the State Constitution.
1198     Section 8.  Section 28.245, Florida Statutes, is amended to
1199read:
1200     28.245  Transmittal of funds to Department of Revenue;
1201uniform remittance form required.--Notwithstanding any other
1202provision of law, all moneys collected by the clerks of the
1203court as part of the clerk's court-related functions for
1204subsequent distribution to any state entity must be transmitted
1205electronically, by the 20th day of the month immediately
1206following the month in which the moneys are collected, to the
1207Department of Revenue for appropriate distribution. A uniform
1208remittance form provided by the Department of Revenue detailing
1209the specific amounts due each fund must accompany such
1210submittal. All moneys collected by the clerks of court for
1211remittance to any entity must be distributed pursuant to the law
1212in effect at the time of collection.
1213     Section 9.  Subsections (1) and (4) of section 28.246,
1214Florida Statutes, are amended to read:
1215     28.246  Payment of court-related fees, charges, and costs;
1216partial payments; distribution of funds.--
1217     (1)  Beginning July 1, 2003, the clerk of the circuit court
1218shall report the following information to the Legislature and
1219the Florida Clerks Clerk of Court Operations Corporation
1220Conference on a form developed by the Department of Financial
1221Services:
1222     (a)  The total amount of mandatory fees, service charges,
1223and costs; the total amount actually assessed; the total amount
1224discharged, waived, or otherwise not assessed; and the total
1225amount collected.
1226     (b)  The amount of discretionary fees, service charges, and
1227costs assessed; the total amount discharged; and the total
1228amount collected.
1229     (c)  The total amount of mandatory fines and other monetary
1230penalties; the total amount assessed; the total amount
1231discharged, waived, or otherwise not assessed; and the total
1232amount collected.
1233     (d)  The amount of discretionary fines and other monetary
1234penalties assessed; the amount discharged; and the total amount
1235collected.
1236
1237If provided to the clerk of court by the judge, the clerk, in
1238reporting the amount assessed, shall separately identify the
1239amount assessed pursuant to s. 938.30 as community service;
1240assessed by reducing the amount to a judgment or lien; satisfied
1241by time served; or other. The form developed by the Chief
1242Financial Officer shall include separate entries for recording
1243these amounts. The clerk shall submit the report on a quarterly
1244basis 30 days after the end of the quarter for the period from
1245July 1, 2003, through June 30, 2004, and on an annual basis
1246thereafter, 60 days after the end of the county fiscal year.
1247     (4)  The clerk of the circuit court shall accept partial
1248payments for court-related fees, service charges, costs, and
1249fines in accordance with the terms of an established payment
1250plan. An individual seeking to defer payment of fees, service
1251charges, costs, or fines imposed by operation of law or order of
1252the court under any provision of general law shall apply to the
1253clerk for enrollment in a payment plan. The clerk shall enter
1254into a payment plan with an individual who the court determines
1255is indigent for costs. A monthly payment amount, calculated
1256based upon all fees and all anticipated costs, is presumed to
1257correspond to the person's ability to pay if the amount does not
1258exceed 2 percent of the person's annual net income, as defined
1259in 27.52(1), divided by 12. The court may review the
1260reasonableness of the payment plan, and determined by the court
1261to be unable to make payment in full, shall be enrolled by the
1262clerk in a payment program, with periodic payment amounts
1263corresponding to the individual's ability to pay.
1264     Section 10.  Section 28.345, Florida Statutes, is amended
1265to read:
1266     28.345  Exemption from court-related fees and
1267charges.--Notwithstanding any other provision of this chapter or
1268law to the contrary, judges and those court staff acting on
1269behalf of judges, state attorneys, guardians ad litem, public
1270guardians, attorneys ad litem, court-appointed private counsel,
1271and public defenders, acting in their official capacity, and
1272state agencies, are exempt from all court-related fees and
1273charges assessed by the clerks of the circuit courts.
1274     Section 11.  Paragraph (a) of subsection (3) and paragraph
1275(b) of subsection (4) of section 28.36, Florida Statutes, are
1276amended, subsection (6) is renumbered as subsection (7), and a
1277new subsection (6) is added to said section, to read:
1278     28.36  Budget procedure.--There is hereby established a
1279budget procedure for the court-related functions of the clerks
1280of the court.
1281     (3)  Each proposed budget shall further conform to the
1282following requirements:
1283     (a)  On or before August 15 1 for each fiscal year
1284thereafter, the proposed budget shall be prepared, summarized,
1285and submitted by the clerk in each county to the Clerks of Court
1286Operations Corporation in the manner and form prescribed by the
1287corporation conference. The proposed budget must provide
1288detailed information on the anticipated revenues available and
1289expenditures necessary for the performance of the standard list
1290of court-related functions of the clerk's office developed
1291pursuant to s. 28.35(4)(a) for the county fiscal year beginning
1292the following October 1.
1293     (4)  If a clerk of the court estimates that available funds
1294plus projected revenues from fines, fees, service charges, and
1295costs for court-related services are insufficient to meet the
1296anticipated expenditures for the standard list of court-related
1297functions in s. 28.35(4)(a) performed by his or her office, the
1298clerk must report the revenue deficit to the Clerks of Court
1299Operations Corporation in the manner and form prescribed by the
1300corporation pursuant to contract with the Chief Financial
1301Officer. The corporation shall verify that the proposed budget
1302is limited to the standard list of court-related functions in s.
130328.35(4)(a).
1304     (b)  If the Chief Financial Officer Department of Revenue
1305finds the court-related budget proposed by a clerk includes
1306functions not included in the standard list of court-related
1307functions in s. 28.35(4)(a) 28.35(3)(a), the Chief Financial
1308Officer department shall notify the clerk of the amount of the
1309proposed budget not eligible to be funded from fees, service
1310charges, costs, and fines for court-related functions and shall
1311identify appropriate corrective measures to ensure budget
1312integrity. The clerk shall then immediately discontinue all
1313ineligible the expenditures of court-related funds for this
1314purpose and reimburse the Clerks of the Court Trust Fund for any
1315previously ineligible expenditures made for non-court-related
1316functions, and shall implement any corrective actions identified
1317by the Chief Financial Officer incurred to date for these
1318functions.
1319     (6)  The Legislative Budget Commission may approve
1320increases to the maximum annual budgets approved for individual
1321clerks of the court pursuant to s. 28.36 for court related
1322duties, if either of the following conditions exist:
1323     (a)  The additional funding is necessary to pay the cost of
1324performing new or additional functions required by changes in
1325law or court rule. Before the Legislative Budget Commission may
1326approve an increase in the maximum annual budget of any clerk
1327under this paragraph, the Clerk of the Court Operations
1328Corporation must provide the Legislative Budget Commission with
1329a statement of the impact of the proposed budget changes on
1330state revenues, and evidence that the respective clerk of the
1331court is meeting or exceeding the established performance
1332standards for measures on the fiscal management, operational
1333efficiency, and effective collection of fines, fees, service
1334charges, and court costs.
1335     (b)  The additional funding is necessary to pay the cost of
1336supporting increases in the number of judges or magistrates
1337authorized by the Legislature. Before the Legislative Budget
1338Commission may approve an increase in the maximum annual budget
1339of any clerk under this paragraph, the Clerk of the Court
1340Operations Corporation must provide the Legislative Budget
1341Commission with a statement of the impact of the proposed budget
1342changes on state revenues; evidence that the respective clerk of
1343the court is meeting or exceeding the established performance
1344standards for measures on the fiscal management, operational
1345efficiency, and effective collection of fines, fees, service
1346charges, and court costs; and a proposed staffing model,
1347including the cost and number of staff necessary to support each
1348new judge or magistrate.
1349
1350The total amount of increases approved by the Legislative Budget
1351Commission for each county fiscal year shall not exceed an
1352amount equal to 2 percent of the maximum annual budgets approved
1353pursuant to s. 28.36 for all clerks, in the aggregate, for that
1354same county fiscal year.
1355     (7)(6)  The corporation may submit proposed legislation to
1356the Governor, the President of the Senate, and the Speaker of
1357the House of Representatives no later than November 1 in any
1358year for approval of clerk budget request amounts exceeding the
1359restrictions in this section for the following October 1. If
1360proposed legislation is recommended, the corporation shall also
1361submit supporting justification with sufficient detail to
1362identify the specific proposed expenditures that would cause the
1363limitations to be exceeded for each affected clerk and the
1364estimated fiscal impact on state revenues.
1365     Section 12.  Subsection (4) of section 28.37, Florida
1366Statutes, is amended to read:
1367     28.37  Fines, fees, service charges, and costs remitted to
1368the state.--
1369     (4)  Beginning January 1, 2005, for the period July 1,
13702004, through September 30, 2004, and each January 1 thereafter
1371for the preceding county fiscal year of October 1 through
1372September 30, the clerk of the court must remit to the
1373Department of Revenue for deposit in the General Revenue Fund
1374the cumulative excess of all fees, service charges, court costs,
1375and fines retained by the clerks of the court, plus any funds
1376received by the clerks of the court from the Department of
1377Revenue Clerk of the Court Trust Fund under s. 28.36(4)(a), over
1378the amount needed to meet the approved budget amounts
1379established under s. 28.36.
1380     Section 13.  Section 28.44, Florida Statutes, is created to
1381read:
1382     28.44  Clerk discontinuance of court-related functions.--
1383     (1)  No function of the clerk of court being performed in
1384support of the trial courts by the individual clerks of court on
1385July 1, 2004, may be discontinued or substantially modified on a
1386unilateral basis except pursuant to this section. A clerk of
1387court may discontinue performing a function performed in support
1388of the trial court only if:
1389     (a)  The chief judge of the circuit has consented in
1390writing to the discontinuance or substantial modification of the
1391function performed in support of the trial court; or
1392     (b)  The clerk of court has given written notice of the
1393intention to substantially modify or discontinue a function
1394performed in support of the trial court at least one year before
1395the effective date of the discontinuance or substantial
1396modification of the function.
1397     (2)  "Substantial modification" of a function performed in
1398support of the trial court means a modification which has the
1399effect of reducing the level of services provided to the trial
1400court.
1401     Section 14.  Subsection (6) of section 29.004, Florida
1402Statutes, is amended to read:
1403     29.004  State courts system.--For purposes of implementing
1404s. 14, Art. V of the State Constitution, the elements of the
1405state courts system to be provided from state revenues
1406appropriated by general law are as follows:
1407     (6)  Expert witnesses who not requested by any party which
1408are appointed by the court pursuant to an express grant of
1409statutory authority.
1410     Section 15.  Subsections (4), (5), (6), (7), and (8) of
1411section 29.005, Florida Statutes, are amended to read:
1412     29.005  State attorneys' offices and prosecution
1413expenses.--For purposes of implementing s. 14, Art. V of the
1414State Constitution, the elements of the state attorneys' offices
1415to be provided from state revenues appropriated by general law
1416are as follows:
1417     (4)  Mental health professionals appointed pursuant to s.
1418394.473 and required in a court hearing involving an indigent,
1419and mental health professionals appointed pursuant to s.
1420916.115(2) and required in a court hearing involving an
1421indigent.
1422     (4)(5)  Reasonable transportation services in the
1423performance of constitutional and statutory responsibilities.
1424Motor vehicles owned by the counties and provided exclusively to
1425state attorneys as of July 1, 2003, and any additional vehicles
1426owned by the counties and provided exclusively to state
1427attorneys during fiscal year 2003-2004 shall be transferred by
1428title to the state effective July 1, 2004.
1429     (5)(6)  Travel expenses reimbursable under s. 112.061
1430reasonably necessary in the performance of constitutional and
1431statutory responsibilities.
1432     (6)(7)  Reasonable library and electronic legal research
1433services, other than a public law library.
1434     (7)(8)  Reasonable pretrial consultation fees and costs.
1435     Section 16.  Section 29.007, Florida Statutes, is amended
1436to read:
1437     29.007  Court-appointed counsel.--For purposes of
1438implementing s. 14, Art. V of the State Constitution, the
1439elements of court-appointed counsel to be provided from state
1440revenues appropriated by general law are as follows:
1441     (1)  Private attorneys appointed by the court to handle
1442cases where the defendant is indigent and cannot be represented
1443by the public defender under ss. 27.42 and 27.53.
1444     (2)  Private attorneys appointed by the court to represent
1445indigents or other classes of litigants in civil proceedings
1446requiring court-appointed counsel in accordance with state and
1447federal constitutional guarantees and federal and state
1448statutes.
1449     (3)  Reasonable court reporting and transcription services
1450necessary to meet constitutional or statutory requirements,
1451including the cost of transcribing and copying depositions of
1452witnesses and the cost of foreign language and sign-language
1453interpreters and translators.
1454     (4)  Witnesses, including expert witnesses, summoned to
1455appear for an investigation, preliminary hearing, or trial in a
1456case when the witnesses are summoned on behalf of an indigent,
1457and any other expert witnesses approved by the court.
1458     (5)  Mental health professionals appointed pursuant to s.
1459394.473 and required in a court hearing involving an indigent,
1460and mental health professionals appointed pursuant to s.
1461916.115(2) and required in a court hearing involving an
1462indigent, and any other mental health professionals required by
1463law for the full adjudication of any civil case involving an
1464indigent person.
1465     (6)  Reasonable pretrial consultation fees and costs.
1466     (7)  Travel expenses reimbursable under s. 112.061
1467reasonably necessary in the performance of constitutional and
1468statutory responsibilities.
1469
1470Subsections (3), (4), (5), (6), and (7) apply when court-
1471appointed counsel is appointed; when the court determines that
1472the litigant is indigent for costs; or when the litigant is
1473acting pro se and the court determines that the litigant is
1474indigent for costs at the trial or appellate level. This section
1475applies in any situation in which the court appoints counsel to
1476protect a litigant's due-process rights. The Justice
1477Administrative Commission shall approve uniform contract forms
1478for use in processing payments for due process services under
1479this section. In each case in which a private attorney
1480represents a person determined by the court to be indigent for
1481costs, the attorney shall execute the commission's contract for
1482private attorneys representing persons determined to be indigent
1483for costs.
1484     Section 17.  Subsection (1) of section 29.008, Florida
1485Statutes, is amended to read:
1486     29.008  County funding of court-related functions.--
1487     (1)  Counties are required by s. 14, Art. V of the State
1488Constitution to fund the cost of communications services,
1489existing radio systems, existing multiagency criminal justice
1490information systems, and the cost of construction or lease,
1491maintenance, utilities, and security of facilities for the
1492circuit and county courts, public defenders' offices, state
1493attorneys' offices, guardian ad litem offices, and the offices
1494of the clerks of the circuit and county courts performing court-
1495related functions. For purposes of this section, the term
1496"circuit and county courts" shall include the offices and
1497staffing of the guardian ad litem programs. The county
1498designated under s. 35.05(1) as the headquarters for each
1499appellate district shall fund these costs for the appellate
1500division of the public defender's office in that county. For
1501purposes of implementing these requirements, the term:
1502     (a)  "Facility" means reasonable and necessary buildings
1503and office space and appurtenant equipment and furnishings,
1504structures, real estate, easements, and related interests in
1505real estate, including, but not limited to, those for the
1506purpose of housing legal materials for use by the general public
1507and personnel, equipment, or functions of the circuit or county
1508courts, public defenders' offices, state attorneys' offices, and
1509court-related functions of the office of the clerks of the
1510circuit and county courts and all storage. The term "facility"
1511includes all wiring necessary for court-reporting services. The
1512term also includes access to parking for such facilities in
1513connection with such court-related functions that may be
1514available free or from a private provider or a local government
1515for a fee. The office space provided by a county may not be less
1516than the standards for space allotment adopted by the Department
1517of Management Services, except this requirement applies only to
1518facilities that are leased, or on which construction commences,
1519after June 30, 2003. County funding must include physical
1520modifications and improvements to all facilities as are required
1521for compliance with the Americans with Disabilities Act. Upon
1522mutual agreement of a county and the affected entity in this
1523paragraph, the office space provided by the county may vary from
1524the standards for space allotment adopted by the Department of
1525Management Services. This section applies only to facilities
1526that are leased, or on which construction commences, after June
152730, 2003.
1528     1.  As of July 1, 2005, equipment and furnishings shall be
1529limited to that appropriate and customary for courtrooms,
1530hearing rooms, jury facilities, and other public areas in
1531courthouses and any other facility occupied by the courts, state
1532attorneys, and public defenders. Court-reporting equipment in
1533these areas or facilities is not a responsibility of the county.
1534     2.  Equipment and furnishings under this paragraph in
1535existence and owned by counties on July 1, 2005, except for that
1536in the possession of the clerks, for areas other than
1537courtrooms, hearing rooms, jury facilities, and other public
1538areas in courthouses and any other facility occupied by the
1539courts, state attorneys, and public defenders, shall be
1540transferred to the state at no charge. This provision does not
1541apply to any communication services as defined in paragraph (f).
1542     (b)  "Construction or lease" includes, but is not limited
1543to, all reasonable and necessary costs of the acquisition or
1544lease of facilities for all judicial officers, staff, jurors,
1545volunteers of a tenant agency, and the public for the circuit
1546and county courts, the public defenders' offices, state
1547attorneys' offices, and for performing the court-related
1548functions of the offices of the clerks of the circuit and county
1549courts. This includes expenses related to financing such
1550facilities and the existing and future cost and bonded
1551indebtedness associated with placing the facilities in use.
1552     (c)  "Maintenance" includes, but is not limited to, all
1553reasonable and necessary costs of custodial and groundskeeping
1554services and renovation and reconstruction as needed to
1555accommodate functions for the circuit and county courts, the
1556public defenders' offices, and state attorneys' offices and for
1557performing the court-related functions of the offices of the
1558clerks of the circuit and county court and for maintaining the
1559facilities in a condition appropriate and safe for the use
1560intended.
1561     (d)  "Utilities" means all electricity services for light,
1562heat, and power; natural or manufactured gas services for light,
1563heat, and power; water and wastewater services and systems,
1564stormwater or runoff services and systems, sewer services and
1565systems, all costs or fees associated with these services and
1566systems, and any costs or fees associated with the mitigation of
1567environmental impacts directly related to the facility.
1568     (e)  "Security" includes but is not limited to, all
1569reasonable and necessary costs of services of law enforcement
1570officers or licensed security guards and all electronic,
1571cellular, or digital monitoring and screening devices necessary
1572to ensure the safety and security of all persons visiting or
1573working in a facility; to provide for security of the facility,
1574including protection of property owned by the county or the
1575state; and for security of prisoners brought to any facility.
1576This includes bailiffs while providing courtroom and other
1577security for each judge and other quasi-judicial officers.
1578     (f)  "Communications services" are defined as any
1579reasonable and necessary transmission, emission, and reception
1580of signs, signals, writings, images, and sounds of intelligence
1581of any nature by wire, radio, optical, audio equipment, or other
1582electromagnetic systems and includes all facilities and
1583equipment owned, leased, or used by judges, clerks, public
1584defenders, state attorneys, and all staff of the state courts
1585system, state attorneys' offices, public defenders' offices, and
1586clerks of the circuit and county courts performing court-related
1587functions. Such system or services shall include, but not be
1588limited to:
1589     1.  Telephone system infrastructure, including computer
1590lines, telephone switching equipment, and maintenance, and
1591facsimile equipment, wireless communications, cellular
1592telephones, pagers, and video teleconferencing equipment and
1593line charges. Each county shall continue to provide access to a
1594local carrier for local and long distance service and shall pay
1595toll charges for local and long distance service.
1596     2.  All computer networks, systems and equipment, including
1597computer hardware and software, modems, printers, wiring,
1598network connections, maintenance, support staff or services
1599including any county-funded support staff located in the offices
1600of the circuit court, county courts, state attorneys, and public
1601defenders, training, supplies, and line charges necessary for an
1602integrated computer system to support the operations and
1603management of the state courts system, the offices of the public
1604defenders, the offices of the state attorneys, and the offices
1605of the clerks of the circuit and county courts and the
1606capability to connect those entities and reporting data to the
1607state as required for the transmission of revenue, performance
1608accountability, case management, data collection, budgeting, and
1609auditing purposes. The integrated computer system shall be
1610operational by July 1, 2006, and, at a minimum, permit the
1611exchange of financial, performance accountability, case
1612management, case disposition, and other data across multiple
1613state and county information systems involving multiple users at
1614both the state level and within each judicial circuit and be
1615able to electronically exchange judicial case background data,
1616sentencing scoresheets, and video evidence information stored in
1617integrated case management systems over secure networks. Once
1618the integrated system becomes operational, counties may reject
1619requests to purchase communication services included in this
1620subparagraph not in compliance with standards, protocols, or
1621processes adopted by the board established pursuant to s.
162229.0086.
1623     3.  Courier messenger and subpoena services.
1624     4.  Auxiliary aids and services for qualified individuals
1625with a disability which are necessary to ensure access to the
1626courts. Such auxiliary aids and services include, but are not
1627limited to, sign language interpretation services required under
1628the federal Americans with Disabilities Act other than services
1629required to satisfy due-process due process requirements and
1630identified as a state funding responsibility pursuant to ss.
163129.004, 29.005, 29.006, and 29.007, real-time transcription
1632services for individuals who are hearing impaired, and assistive
1633listening devices and the equipment necessary to implement such
1634accommodations.
1635     (g)  "Existing radio systems" includes, but is not limited
1636to, law enforcement radio systems that are used by the circuit
1637and county courts, the offices of the public defenders, the
1638offices of the state attorneys, and for court-related functions
1639of the offices of the clerks of the circuit and county courts.
1640This includes radio systems that were operational or under
1641contract at the time Revision No. 7, 1998, to Art. V of the
1642State Constitution was adopted and any enhancements made
1643thereafter, the maintenance of those systems, and the personnel
1644and supplies necessary for operation.
1645     (h)  "Existing multiagency criminal justice information
1646systems" includes, but is not limited to, those components of
1647the multiagency criminal justice information system as defined
1648in s. 943.045, supporting the offices of the circuit or county
1649courts, the public defenders' offices, the state attorneys'
1650offices, or those portions of the offices of the clerks of the
1651circuit and county courts performing court-related functions
1652that are used to carry out the court-related activities of those
1653entities. This includes upgrades and maintenance of the current
1654equipment, maintenance and upgrades of supporting technology
1655infrastructure and associated staff, and services and expenses
1656to assure continued information sharing and reporting of
1657information to the state. The counties shall also provide
1658additional information technology services, hardware, and
1659software as needed for new judges and staff of the state courts
1660system, state attorneys' offices, public defenders' offices, and
1661the offices of the clerks of the circuit and county courts
1662performing court-related functions.
1663     Section 18.  Section 29.0081, Florida Statutes, is
1664created to read:
1665     29.0081  County funding of additional court
1666personnel.--
1667     (1)  A county and the chief judge of a judicial circuit
1668that includes that county may enter into an agreement under
1669which the county funds personnel positions to assist in the
1670operation of the circuit.
1671     (2)  The agreement shall, at a minimum, provide that:
1672     (a)  Funding for the positions is provided on at least
1673a court fiscal-year basis.
1674     (b)  The personnel whose employment is funded under the
1675agreement are employees of the judicial circuit and are hired,
1676supervised, managed, and fired by personnel of the judicial
1677circuit.
1678     (c)  The positions terminate upon the expiration of, or
1679substantial breach of, the agreement or upon the expiration of
1680county funding for the positions.
1681     (3)  Positions funded under this section shall be
1682full-time equivalent positions of the judicial circuit but
1683shall not count against any formula or similar process used by
1684the Office of the State Courts Administrator to determine
1685personnel needs or levels of a judicial circuit.
1686     (4)  Nothing in this section obligates the state to
1687fund any personnel positions.
1688     Section 19.  Subsection (2) of section 29.015, Florida
1689Statutes, is amended to read:
1690     29.015  Contingency fund; limitation of authority to
1691transfer funds in contracted due process services appropriation
1692categories.--
1693     (2)  In the event that a state attorney or public defender
1694incurs a deficit in a contracted due process services
1695appropriation category, the following steps shall be taken in
1696order:
1697     (a)  The state attorney or public defender shall first
1698attempt to identify surplus funds from other appropriation
1699categories within his or her office and submit a budget
1700amendment pursuant to chapter 216 to transfer funds from within
1701the office.
1702     (b)  In the event that the state attorney or public
1703defender is unable to identify surplus funds from within his or
1704her office, he or she shall certify this to the Justice
1705Administrative Commission along with a complete explanation of
1706the circumstances which led to the deficit and steps the office
1707has taken to reduce or alleviate the deficit. The Justice
1708Administrative Commission shall inquire as to whether any other
1709office has surplus funds in its contracted due process services
1710appropriation categories which can be transferred to the office
1711that is experiencing the deficit. If other offices indicate that
1712surplus funds are available within the same appropriation
1713category, the Justice Administrative Commission shall transfer
1714the amount needed to fund the deficit and notify the Governor
1715and the chair and vice chair of the Legislative Budget
1716Commission 14 days prior to a transfer pursuant to the notice,
1717review, and objection provisions of s. 216.177. If funds
1718appropriated for this purpose are available in a different
1719budget entity, the Justice Administrative Commission shall
1720request a budget amendment pursuant to chapter 216 request a
1721budget amendment to transfer funds from the office or offices to
1722alleviate the deficit upon agreement of the contributing office
1723or offices.
1724     (c)  If no office indicates that surplus funds are
1725available to alleviate the deficit, the Justice Administrative
1726Commission may request a budget amendment to transfer funds from
1727the contingency fund. Such transfers shall be in accordance with
1728all applicable provisions of chapter 216 and shall be subject to
1729review and approval by the Legislative Budget Commission. The
1730Justice Administrative Commission shall submit the documentation
1731provided by the office explaining the circumstances that led to
1732the deficit and the steps taken by the office and the Justice
1733Administrative Commission to identify surplus funds to the
1734Legislative Budget Commission.
1735     Section 20.  Section 29.018, Florida Statutes, is amended
1736to read:
1737     29.018  Cost sharing of due-process services due process
1738costs; legislative intent.--It is the intent of the Legislature
1739to provide state-funded due-process due process services to the
1740state courts system, state attorneys, public defenders, and
1741court-appointed counsel in the most cost-effective and efficient
1742manner. The state courts system, state attorneys, public
1743defenders, and the Justice Administrative Commission on behalf
1744of court-appointed counsel may enter into contractual agreements
1745to share, on a pro rata basis, the costs associated with court
1746reporting services, court interpreter and translation services,
1747court experts, and all other due-process due process services
1748funded by the state pursuant to this chapter. These costs shall
1749be budgeted within the funds appropriated to each of the
1750affected users of services.
1751     Section 21.  Section 29.0185, Florida Statutes, is created
1752to read:
1753     29.0185  Provision of state-funded due-process services to
1754individuals.--Due-process services may not be provided with
1755state revenues to an individual unless the individual on whose
1756behalf the due-process services are being provided is eligible
1757for court-appointed counsel under s. 27.40, based upon a
1758determination of indigency under s. 27.52, regardless of whether
1759such counsel is appointed or the individual on whose behalf the
1760due process services are being provided is eligible for court-
1761appointed counsel under s. 27.40 and has been determined
1762indigent for costs pursuant to s. 27.52.
1763     Section 22.  Subsection (1) of section 34.045, Florida
1764Statutes, is amended to read:
1765     34.045  Cost recovery; use of the county court for
1766ordinance or special law violations.--
1767     (1)(a)  In lieu of payment of a filing fee under s. 34.041,
1768a filing fee of $10 shall be paid by a county or municipality
1769when filing a violation of a county or municipal ordinance or a
1770violation of a special law in county court. This fee shall be
1771paid to the clerk of the court for performing court-related
1772functions. A county or municipality is not required to pay more
1773than one filing fee for a single filing against a single
1774defendant that contains multiple alleged violations. A filing
1775fee, other than that imposed under this section, may not be
1776assessed for initiating an enforcement proceeding in county
1777court for a violation of a county or municipal code or ordinance
1778or a violation of a special law. The filing fee shall not apply
1779to instances in which a county or municipality has contracted
1780with the state, or has been delegated by the state,
1781responsibility for enforcing state operations, policies, or
1782requirements under s. 125.69, s. 166.0415, or chapter 162.
1783     (b)  No other filing fee may be assessed for filing the
1784violation in county court. If a person contests the violation in
1785court, the court shall assess $40 in costs against the
1786nonprevailing party. The county or municipality shall be
1787considered the prevailing party when there is a plea or finding
1788of violation or guilt to any count or lesser included offense of
1789the charge or companion case charges, regardless of
1790adjudication. Costs Cost recovered pursuant to this paragraph
1791shall be deposited into the clerk's fine and forfeiture fund
1792established pursuant to s. 142.01.
1793     (c)  If the person does not contest the violation in court
1794or if the county or municipality is the prevailing party, the
1795court shall assess the person or nonprevailing party $10 for the
1796filing fee provided in paragraph (a), which amount shall be
1797forwarded to the county or municipality.
1798     Section 23.  Effective upon this act becoming a law,
1799section 34.191, Florida Statutes, is amended to read:
1800     34.191  Fines and forfeitures; dispositions.--
1801     (1)  All fines and forfeitures arising from offenses tried
1802in the county court shall be collected and accounted for by the
1803clerk of the court and, other than the charge provided in s.
1804318.1215, disbursed in accordance with ss. 28.2402, 34.045,
1805142.01, and 142.03 142.13 and subject to the provisions of s.
180628.246(5) and (6). Notwithstanding the provisions of this
1807section, all fines and forfeitures arising from operation of the
1808provisions of s. 318.1215 shall be disbursed in accordance with
1809that section.
1810     (2)  All fines and forfeitures received from violations of
1811municipal ordinances committed within a municipality within the
1812territorial jurisdiction of the county court, other than the
1813charge provided in s. 318.1215, shall be paid monthly to the
1814municipality except as provided in s. 28.2402(2), s. 34.045(2),
1815s. 318.21, or s. 943.25. A municipality does not include the
1816unincorporated areas, if any, of a government created pursuant
1817to s. 6(e), Art. VIII of the State Constitution.
1818     (3)  All other fines and forfeitures collected by the
1819clerk, other than the charge provided in s. 318.1215, shall be
1820considered income of the office of the clerk for use in
1821performing court-related duties of the office.
1822     Section 24.  Subsection (3) of section 39.0132, Florida
1823Statutes, is amended to read:
1824     39.0132  Oaths, records, and confidential information.--
1825     (3)  The clerk shall keep all court records required by
1826this chapter separate from other records of the circuit court.
1827All court records required by this chapter shall not be open to
1828inspection by the public. All records shall be inspected only
1829upon order of the court by persons deemed by the court to have a
1830proper interest therein, except that, subject to the provisions
1831of s. 63.162, a child and the parents of the child and their
1832attorneys, guardian ad litem, law enforcement agencies, and the
1833department and its designees shall always have the right to
1834inspect and copy any official record pertaining to the child.
1835The Justice Administrative Commission may inspect court dockets
1836required by this chapter as necessary to audit compensation of
1837court-appointed attorneys. If the docket is insufficient for
1838purposes of the audit, the commission may petition the court for
1839additional documentation as necessary and appropriate. The court
1840may permit authorized representatives of recognized
1841organizations compiling statistics for proper purposes to
1842inspect and make abstracts from official records, under whatever
1843conditions upon their use and disposition the court may deem
1844proper, and may punish by contempt proceedings any violation of
1845those conditions.
1846     Section 25.  Subsection (1) of section 39.821, Florida
1847Statutes, is amended to read:
1848     39.821  Qualifications of guardians ad litem.--
1849     (1)  Because of the special trust or responsibility placed
1850in a guardian ad litem, the Guardian Ad Litem Program may use
1851any private funds collected by the program, or any state funds
1852so designated, to conduct a security background investigation
1853before certifying a volunteer to serve. A security background
1854investigation must include, but need not be limited to,
1855employment history checks, checks of references, local criminal
1856records checks through local law enforcement agencies, and
1857statewide criminal records checks through the Department of Law
1858Enforcement. Upon request, an employer shall furnish a copy of
1859the personnel record for the employee or former employee who is
1860the subject of a security background investigation conducted
1861under this section. The information contained in the personnel
1862record may include, but need not be limited to, disciplinary
1863matters and the reason why the employee was terminated from
1864employment. An employer who releases a personnel record for
1865purposes of a security background investigation is presumed to
1866have acted in good faith and is not liable for information
1867contained in the record without a showing that the employer
1868maliciously falsified the record. A security background
1869investigation conducted under this section must ensure that a
1870person is not certified as a guardian ad litem if the person has
1871been convicted of, regardless of adjudication, or entered a plea
1872of nolo contendere or guilty to, any offense prohibited under
1873the provisions of the Florida Statutes specified in s. 435.04(2)
1874or under any similar law in another jurisdiction. Before
1875certifying an applicant to serve as a guardian ad litem, the
1876Guardian Ad Litem Program chief judge of the circuit court may
1877request a federal criminal records check of the applicant
1878through the Federal Bureau of Investigation. In analyzing and
1879evaluating the information obtained in the security background
1880investigation, the program must give particular emphasis to past
1881activities involving children, including, but not limited to,
1882child-related criminal offenses or child abuse. The program has
1883the sole discretion in determining whether to certify a person
1884based on his or her security background investigation. The
1885information collected pursuant to the security background
1886investigation is confidential and exempt from s. 119.07(1).
1887     Section 26.  Section 39.822, Florida Statutes, is amended
1888to read:
1889     39.822  Appointment of guardian ad litem for abused,
1890abandoned, or neglected child.--
1891     (1)  A guardian ad litem shall be appointed by the court at
1892the earliest possible time to represent the child in any child
1893abuse, abandonment, or neglect judicial proceeding, whether
1894civil or criminal. Any person participating in a civil or
1895criminal judicial proceeding resulting from such appointment
1896shall be presumed prima facie to be acting in good faith and in
1897so doing shall be immune from any liability, civil or criminal,
1898that otherwise might be incurred or imposed.
1899     (2)  In those cases in which the parents are financially
1900able, the parent or parents of the child shall reimburse the
1901court, in part or in whole, for the cost of provision of
1902guardian ad litem services. Reimbursement to the individual
1903providing guardian ad litem services shall not be contingent
1904upon successful collection by the court from the parent or
1905parents.
1906     (3)  Upon presentation by a guardian ad litem of a court
1907order appointing the guardian ad litem:
1908     (a)  An agency, as defined in chapter 119, shall allow the
1909guardian ad litem to inspect and copy records related to the
1910best interests of the child who is the subject of the
1911appointment, including, but not limited to, records made
1912confidential or exempt from s. 119.07(1) or s. 24(a), Art. I of
1913the State Constitution. The guardian ad litem shall maintain the
1914confidential or exempt status of any records shared by an agency
1915under this paragraph.
1916     (b)  A person or organization, other than an agency under
1917paragraph (a), shall allow the guardian ad litem to inspect and
1918copy any records related to the best interests of the child who
1919is the subject of the appointment, including, but not limited
1920to, confidential records.
1921
1922For the purposes of this subsection, the term "records related
1923to the best interests of the child" includes, but is not limited
1924to, medical, mental health, substance abuse, child care,
1925education, law enforcement, court, social services, and
1926financial records.
1927     (4)(3)  The guardian ad litem or the program representative
1928shall review all disposition recommendations and changes in
1929placements, and must be present at all critical stages of the
1930dependency proceeding or submit a written report of
1931recommendations to the court. Written reports must be filed with
1932the court and served on all parties whose whereabouts are known
1933at least 72 hours prior to the hearing.
1934     Section 27.  Subsection (1) of section 40.29, Florida
1935Statutes, is amended to read:
1936     40.29  Payment of due-process due process costs.--
1937     (1)(a)  Each clerk of the circuit court, on behalf of the
1938courts, the state attorney, court-appointed counsel, and the
1939public defender, shall forward to the Justice Administrative
1940Commission, by county, a quarterly estimate of funds necessary
1941to pay for ordinary witnesses, including, but not limited to,
1942witnesses in civil traffic cases and witnesses of the state
1943attorney, public defender, court-appointed counsel, and persons
1944determined to be indigent for costs except expert witnesses paid
1945pursuant to a contract or other professional services agreement,
1946pursuant to ss. 29.005 and 29.006. Each quarter of the state
1947fiscal year, the commission, based upon the estimates, shall
1948advance funds to each clerk to pay for these ordinary witnesses
1949from state funds specifically appropriated for the payment of
1950ordinary witnesses.
1951     (b)  Each clerk of the circuit court shall forward to the
1952Office of the State Courts Administrator, by county, a quarterly
1953estimate of funds necessary to pay juror compensation.
1954     Section 28.  Section 40.355, Florida Statutes, is created
1955to read:
1956     40.355  Accounting and payment to public defenders and
1957state attorneys.--The clerk of the court shall, within 2 weeks
1958after the last day of the state's quarterly fiscal period,
1959render to the state attorney and the public defender in each
1960circuit a full statement of accounts for moneys received and
1961disbursed under this chapter.
1962     Section 29.  Subsections (5) and (6) of  section 43.16,
1963Florida Statutes, are amended, and subsection (7) is added to
1964said section, to read:
1965     43.16  Justice Administrative Commission; membership,
1966powers and duties.--
1967     (5)  The duties of the commission shall include, but not be
1968limited to, the following:
1969     (a)  The maintenance of a central state office for
1970administrative services and assistance when possible to and on
1971behalf of the state attorneys and public defenders of Florida,
1972the office of capital collateral representative of Florida, and
1973the Guardian Ad Litem Program Judicial Qualifications
1974Commission.
1975     (b)  Each state attorney and public defender and the
1976Guardian Ad Litem Program Judicial Qualifications Commission
1977shall continue to prepare necessary budgets, vouchers which
1978represent valid claims for reimbursement by the state for
1979authorized expenses, and other things incidental to the proper
1980administrative operation of the office, such as revenue
1981transmittals to the Chief Financial Officer and automated
1982systems plans, but will forward same to the commission for
1983recording and submission to the proper state officer. However,
1984when requested by a state attorney or a public defender or the
1985Guardian Ad Litem Program Judicial Qualifications Commission,
1986the commission will either assist in the preparation of budget
1987requests, voucher schedules, and other forms and reports or
1988accomplish the entire project involved.
1989     (6)  The provisions contained in this section shall be
1990supplemental to those of chapter 27, relating to state attorneys
1991and public defenders; to those of chapter 39 s. 43.20, relating
1992to the Guardian Ad Litem Program Judicial Qualifications
1993Commission; or to other laws pertaining hereto.
1994     (7)  Chapter 120 does not apply to the Justice
1995Administrative Commission.
1996     Section 30.  Subsection (6) is added to section 43.26,
1997Florida Statutes, to read:
1998     43.26  Chief judge of circuit; selection; powers.--
1999     (6)  The chief judge of each circuit is charged by s. 2(d),
2000Art. V of the Florida Constitution and this section with the
2001authority to promote the prompt and efficient administration of
2002justice in the courts over which he or she is chief judge. The
2003clerks of court provide court-related functions which are
2004essential to the orderly operation of the judicial branch. The
2005chief judge of each circuit, after consultation with the clerk
2006of court, shall determine the priority of services provided by
2007the clerk of court to the trial court. The clerk of court shall
2008manage the performance of such services in a method or manner
2009that is consistent with statute, rule, or administrative order.
2010     Section 31.  Paragraph (b) of subsection (4) of section
201144.102, Florida Statutes, is amended to read:
2012     44.102  Court-ordered mediation.--
2013     (4)  The chief judge of each judicial circuit shall
2014maintain a list of mediators who have been certified by the
2015Supreme Court and who have registered for appointment in that
2016circuit.
2017     (b)  Nonvolunteer mediators shall be compensated according
2018to rules adopted by the Supreme Court. If a mediation program is
2019funded pursuant to s. 44.108, a mediator may be compensated by
2020the county or by the parties. When a party has been declared
2021indigent or insolvent, that party's pro rata share of a
2022mediator's compensation shall be paid by the county at the rate
2023set by administrative order of the chief judge of the circuit.
2024     Section 32.  Subsection (3) of section 44.103, Florida
2025Statutes, is amended to read:
2026     44.103  Court-ordered, nonbinding arbitration.--
2027     (3)  Arbitrators shall be selected and compensated in
2028accordance with rules adopted by the Supreme Court. Arbitrators
2029shall be compensated by the parties, or, upon a finding by the
2030court that a party is indigent, an arbitrator may be partially
2031or fully compensated from state funds according to the party's
2032present ability to pay. At no time may an arbitrator charge more
2033than $1,500 per diem, unless the parties agree otherwise. Prior
2034to approving the use of state funds to reimburse an arbitrator,
2035the court must ensure that the party reimburses the portion of
2036the total cost that the party is immediately able to pay and
2037that the party has agreed to a payment plan established by the
2038clerk of the court that will fully reimburse the state for the
2039balance of all state costs for both the arbitrator and any costs
2040of administering the payment plan and any collection efforts
2041that may be necessary in the future. Whenever possible,
2042qualified individuals who have volunteered their time to serve
2043as arbitrators shall be appointed. If an arbitration program is
2044funded pursuant to s. 44.108, volunteer arbitrators shall be
2045entitled to be reimbursed pursuant to s. 112.061 for all actual
2046expenses necessitated by service as an arbitrator.
2047     Section 33.  Section 44.108, Florida Statutes, is amended
2048to read:
2049     44.108  Funding of mediation and arbitration.--
2050     (1)  Mediation and arbitration should be accessible to all
2051parties regardless of financial status. A filing fee of $1 is
2052levied on all proceedings in the circuit or county courts to
2053fund mediation and arbitration services which are the
2054responsibility of the Supreme Court pursuant to the provisions
2055of s. 44.106. The clerk of the court shall forward the moneys
2056collected to the Department of Revenue for deposit in the state
2057courts' Mediation and Arbitration Trust Fund.
2058     (2)  When court-ordered mediation services are provided by
2059a circuit court's mediation program, the following fees, unless
2060otherwise established in the General Appropriations Act, shall
2061be collected by the clerk of court:
2062     (a)  Eighty dollars per person per scheduled session in
2063family mediation when the parties' combined income is greater
2064than $50,000, but less than $100,000 per year;
2065     (b)  Forty dollars per person per scheduled session in
2066family mediation when the parties' combined income is less than
2067$50,000; or
2068     (c)  Forty dollars per person per scheduled session in
2069county court cases.
2070
2071No mediation fees shall be assessed under this subsection in
2072residential eviction cases, against a party found to be
2073indigent, or for any small claims action. Fees collected by the
2074clerk of court pursuant to this section shall be remitted to the
2075Department of Revenue for deposit into the state courts'
2076Mediation and Arbitration Trust Fund to fund court-ordered
2077mediation. The clerk of court may deduct $1 per fee assessment
2078for processing this fee. The clerk of the court shall submit to
2079the chief judge of the circuit, no later than 30 days after the
2080end of each quarter, a report specifying the amount of funds
2081collected under this section during each quarter of the fiscal
2082year.
2083     Section 34.  Subsection (1) of section 57.081, Florida
2084Statutes, is amended to read:
2085     57.081  Costs; right to proceed where prepayment of costs
2086waived.--
2087     (1)  Any indigent person, except a prisoner as defined in
2088s. 57.085, who is a party or intervenor in any judicial or
2089administrative agency proceeding or who initiates such
2090proceeding shall receive the services of the courts, sheriffs,
2091and clerks, with respect to such proceedings, despite his or her
2092present inability to pay for these services. Such services are
2093limited to filing fees; service of process; certified copies of
2094orders or final judgments; a single photocopy of any court
2095pleading, record, or instrument filed with the clerk; examining
2096fees; mediation services and fees; private court-appointed
2097counsel fees; subpoena fees and services; service charges for
2098collecting and disbursing funds; and any other cost or service
2099arising out of pending litigation. In any appeal from an
2100administrative agency decision, for which the clerk is
2101responsible for preparing the transcript, the clerk shall record
2102the cost of preparing the transcripts and the cost for copies of
2103any exhibits in the record. Prepayment of costs to any court,
2104clerk, or sheriff is not required in any action if the party has
2105obtained in each proceeding a certification of indigence in
2106accordance with s. 27.52 or s. 57.082.
2107     Section 35.  Section 57.082, Florida Statutes, is created
2108to read:
2109     57.082  Determination of civil indigent status.--
2110     (1)  APPLICATION TO THE CLERK.--A person seeking
2111appointment of a private attorney in a civil case eligible for
2112court-appointed counsel, or seeking relief from prepayment of
2113fees and costs under s. 57.081, based upon an inability to pay
2114must apply to the clerk of the court for a determination of
2115civil indigent status using an application form developed by the
2116Florida Clerks of Court Operations Corporation with final
2117approval by the Supreme Court.
2118     (a)  The application must include, at a minimum, the
2119following financial information:
2120     1.  Net income, consisting of total salary and wages, minus
2121deductions required by law, including court-ordered support
2122payments.
2123     2.  Other income, including, but not limited to, social
2124security benefits, union funds, veterans' benefits, workers'
2125compensation, other regular support from absent family members,
2126public or private employee pensions, unemployment compensation,
2127dividends, interest, rent, trusts, and gifts.
2128     3.  Assets, including, but not limited to, cash, savings
2129accounts, bank accounts, stocks, bonds, certificates of deposit,
2130equity in real estate, and equity in a boat or a motor vehicle
2131or in other tangible property.
2132     4.  All liabilities and debts.
2133
2134The application must include a signature by the applicant which
2135attests to the truthfulness of the information provided. The
2136application form developed by the corporation must include
2137notice that the applicant may seek court review of a clerk's
2138determination that the applicant is not indigent, as provided in
2139this section.
2140     (b)  The clerk shall assist a person who appears before the
2141clerk and requests assistance in completing the application and
2142the clerk shall notify the court if a person is unable to
2143complete the application after the clerk has provided
2144assistance.
2145     (c)  The clerk shall accept an application that is signed
2146by the applicant and submitted on his or her behalf by a private
2147attorney who is representing the applicant in the applicable
2148matter.
2149     (2)  DETERMINATION BY THE CLERK.--The clerk of the court
2150shall determine whether an applicant seeking such designation is
2151indigent based upon the information provided in the application
2152and the criteria prescribed in this subsection.
2153     (a)1.  An applicant, including an applicant who is a minor
2154or an adult tax-dependent person, is indigent if the applicant's
2155income is equal to or below 200 percent of the then-current
2156federal poverty guidelines prescribed for the size of the
2157household of the applicant by the United States Department of
2158Health and Human Services.
2159     2.  There is a presumption that the applicant is not
2160indigent if the applicant owns, or has equity in, any intangible
2161or tangible personal property or real property or the expectancy
2162of an interest in any such property having a net equity value of
2163$2,500 or more, excluding the value of the person's homestead
2164and one vehicle having a net value not exceeding $5,000.
2165     (b)  Based upon its review, the clerk shall make one of the
2166following determinations:
2167     1.  The applicant is not indigent.
2168     2.  The applicant is indigent.
2169     (c)  If the clerk determines that the applicant is
2170indigent, the clerk shall immediately file the determination in
2171the case record.
2172     (d)  The duty of the clerk in determining whether an
2173applicant is indigent is limited to receiving the application
2174and comparing the information provided in the application to the
2175criteria prescribed in this subsection. The determination of
2176indigent status is a ministerial act of the clerk and may not be
2177based on further investigation or the exercise of independent
2178judgment by the clerk. The clerk may contract with third parties
2179to perform functions assigned to the clerk under this section.
2180     (e)  The applicant may seek review of the clerk's
2181determination that the applicant is not indigent in the court
2182having jurisdiction over the matter by filing a petition to
2183review the clerk's determination of nonindigent status for which
2184a filing fee may not be charged. If the applicant seeks review
2185of the clerk's determination of indigent status, the court shall
2186make a final determination as provided in subsection (4).
2187     (3)  APPOINTMENT OF COUNSEL ON AN INTERIM BASIS.--If the
2188clerk of the court has not made a determination of indigent
2189status at the time a person requests appointment of a private
2190attorney in a civil case eligible for court-appointed counsel,
2191the court shall make a preliminary determination of indigent
2192status, pending further review by the clerk, and may, by court
2193order, appoint private counsel on an interim basis.
2194     (4)  REVIEW OF THE CLERK'S DETERMINATION.--
2195     (a)  If the clerk of the court determines that the
2196applicant is not indigent and the applicant seeks review of the
2197clerk's determination, the court shall make a final
2198determination of indigent status by reviewing the information
2199provided in the application against the criteria prescribed in
2200subsection (2) and by considering the following additional
2201factors:
2202     1.  Whether paying for private counsel or other fees and
2203costs creates a substantial hardship for the applicant or the
2204applicant's family.
2205     2.  Whether the applicant is proceeding pro se or is
2206represented by a private attorney for a fee or on a pro-bono
2207basis.
2208     3.  When the applicant retained private counsel.
2209     4.  The amount of any attorney's fees and who is paying the
2210fees.
2211     5.  Any other relevant financial circumstances of the
2212applicant or the applicant's family.
2213     (b)  Based upon its review, the court shall make one of the
2214following determinations and shall, if appropriate, appoint
2215private counsel:
2216     1.  The applicant is not indigent.
2217     2.  The applicant is indigent.
2218     (5)  PROCESSING CHARGE; PAYMENT PLANS.--A person who the
2219clerk or the court determines is indigent for civil proceedings
2220under this section shall be enrolled in a payment plan under s.
222128.246 and shall be charged a one-time administrative processing
2222charge under s. 28.24(26)(c). A monthly payment amount,
2223calculated based upon all fees and all anticipated costs, is
2224presumed to correspond to the person's ability to pay if it does
2225not exceed 2 percent of the person's annual net income, as
2226defined in subsection (1), divided by 12. The person may seek
2227review of the clerk's decisions regarding a payment plan
2228established under s. 28.246 in the court having jurisdiction
2229over the matter. A case may not be impeded in any way, delayed
2230in filing, or delayed in its progress, including the final
2231hearing and order, due to nonpayment of any fees by an indigent
2232person.
2233     (6)  FINANCIAL DISCREPANCIES; FRAUD; FALSE INFORMATION.--
2234     (a)  If the court learns of discrepancies between the
2235application and the actual financial status of the person found
2236to be indigent, the court shall determine whether the status and
2237any relief provided as a result of that status shall be revoked.
2238The person may be heard regarding the information learned by the
2239court. If the court, based on the information, determines that
2240the person is not indigent, the court shall revoke the provision
2241of any relief under this section.
2242     (b)  If the court has reason to believe that any applicant,
2243through fraud or misrepresentation, was improperly determined to
2244be indigent, the matter shall be referred to the state attorney.
2245Twenty-five percent of any amount recovered by the state
2246attorney as reasonable value of the services rendered, including
2247fees, charges, and costs paid by the state on the person's
2248behalf, shall be remitted to the Department of Revenue for
2249deposit into the Grants and Donations Trust Fund within the
2250Justice Administrative Commission. Seventy-five percent of any
2251amount recovered shall be remitted to the Department of Revenue
2252for deposit into the General Revenue Fund.
2253     (c)  A person who knowingly provides false information to
2254the clerk or the court in seeking a determination of indigent
2255status under this section commits a misdemeanor of the first
2256degree, punishable as provided in s. 775.082 or s. 775.083.
2257     Section 36.  Subsection (1) of section 92.142, Florida
2258Statutes, is amended to read:
2259     92.142  Witnesses; pay.--
2260     (1)  Witnesses in all cases, civil and criminal, in all
2261courts, now or hereafter created, and witnesses summoned before
2262any arbitrator or general or special magistrate appointed by the
2263court shall receive for each day's actual attendance $5 and also
22646 cents per mile for actual distance traveled to and from the
2265courts. A witness in a criminal case required to appear in a
2266county other than the county of his or her residence and
2267residing more than 50 miles from the location of the trial shall
2268be entitled to per diem and travel expenses at the same rate
2269provided for state employees under s. 112.061, in lieu of any
2270other witness fee at the discretion of the court.
2271     Section 37.  Effective July 1, 2006, subsections (2) and
2272(3) of section 92.231, Florida Statutes, are amended to read:
2273     92.231  Expert witnesses; fee.--
2274     (2)  Any expert or skilled witness who shall have testified
2275in any cause shall be allowed a witness fee including the cost
2276of any exhibits used by such witness in an amount agreed to by
2277the parties, and the same shall be taxed as costs. In instances
2278where services are provided for the state, including for state-
2279paid private court-appointed counsel, payment from state funds
2280shall be in accordance with standards adopted by the Legislature
2281after receiving recommendations from the Article V Indigent
2282Services Advisory Board.
2283     (3)  In a criminal case in which the state or an indigent
2284defendant requires the services of an expert witness whose
2285opinion is relevant to the issues of the case, the expert
2286witness shall be compensated in accordance with standards
2287adopted by the Legislature after receiving recommendations from
2288the Article V Indigent Services Advisory Board.
2289     Section 38.  Paragraph (y) is added to subsection (2) of
2290section 110.205, Florida Statutes, to read:
2291     110.205  Career service; exemptions.--
2292     (2)  EXEMPT POSITIONS.--The exempt positions that are not
2293covered by this part include the following:
2294     (y)  All officers and employees of the Justice
2295Administrative Commission, Office of the State Attorney, Office
2296of the Public Defender, regional offices of capital collateral
2297counsel, and Statewide Guardian Ad Litem Office, including the
2298circuit guardian ad litem programs.
2299     Section 39.  Subsection (1) of section 116.01, Florida
2300Statutes, is amended to read:
2301     116.01  Payment of public funds into treasury.--
2302     (1)  Every state and county officer within this state
2303authorized to collect funds due the state or county shall pay
2304all sums officially received by the officer into the state or
2305county treasury not later than 7 working days from the close of
2306the week in which the officer received the funds. Funds received
2307by the county officer on behalf of the state shall be deposited
2308directly to the account of the State Treasury not later than 7
2309working days from the close of the week in which the officer
2310received the funds. The clerk of the court, when collecting
2311funds as part of the clerk's court-related functions, must remit
2312those funds as required under s. 28.245.
2313     Section 40.  Subsections (1) and (4) of section 116.21,
2314Florida Statutes, are amended to read:
2315     116.21  Unclaimed moneys; limitation.--
2316     (1)  The sheriffs and clerks of the courts of the various
2317counties of the state are authorized at their discretion on or
2318before September 25 of each and every year hereafter to pay into
2319the fine and forfeiture fund of their respective counties, or
2320the fine and forfeiture fund created under s. 142.01, any or all
2321unclaimed moneys deposited or collected by them in their
2322official capacity, which unclaimed moneys came into their hands
2323prior to January 1 of the preceding year and for which moneys
2324claim has not been made. Any unclaimed moneys collected or
2325deposited by the clerk of the circuit court in the course of the
2326clerk's court related activities may be processed under this
2327chapter; however, the clerk must pay for the cost of publication
2328of the list of unclaimed court-related funds. Any unclaimed
2329court-related funds collected or deposited by the clerk which
2330remain unclaimed must be deposited into the fine and forfeiture
2331fund established under s. 142.01.
2332     (4)  Except for the cost of publishing the notice for
2333the clerk's unclaimed court-related moneys, the cost of
2334publishing the notices as required by subsection (2) shall be
2335paid by the county commissioners, and the sheriff or the clerk
2336shall receive as compensation the regular fee allowed by statute
2337for the collection of fines, fees, and costs adjudged to the
2338state upon the amounts remitted to the fine and forfeiture fund.
2339Upon such payment to the fine and forfeiture fund, the sheriff
2340or clerk shall be released and discharged from any and all
2341further responsibility or liability in connection therewith.
2342     Section 41.  Paragraph (gg) of subsection (6) of section
2343119.07, Florida Statutes, is amended to read:
2344     119.07  Inspection and copying of records; photographing
2345public records; fees; exemptions.--
2346     (6)
2347     (gg)1.  Until January 1, 2007 2006, if a social security
2348number, made confidential and exempt pursuant to s. 119.0721,
2349created pursuant to s. 1, ch. 2002-256, passed during the 2002
2350regular legislative session, or a complete bank account, debit,
2351charge, or credit card number made exempt pursuant to paragraph
2352(dd), created pursuant to s. 1, ch. 2002-257, passed during the
23532002 regular legislative session, is or has been included in a
2354court file, such number may be included as part of the court
2355record available for public inspection and copying unless
2356redaction is requested by the holder of such number, or by the
2357holder's attorney or legal guardian, in a signed, legibly
2358written request specifying the case name, case number, document
2359heading, and page number. The request must be delivered by mail,
2360facsimile, electronic transmission, or in person to the clerk of
2361the circuit court. The clerk of the circuit court does not have
2362a duty to inquire beyond the written request to verify the
2363identity of a person requesting redaction. A fee may not be
2364charged for the redaction of a social security number or a bank
2365account, debit, charge, or credit card number pursuant to such
2366request.
2367     2.  Any person who prepares or files a document to be
2368recorded in the official records by the county recorder as
2369provided in chapter 28 may not include a person's social
2370security number or complete bank account, debit, charge, or
2371credit card number in that document unless otherwise expressly
2372required by law. Until January 1, 2007 2006, if a social
2373security number or a complete bank account, debit, charge or
2374credit card number is or has been included in a document
2375presented to the county recorder for recording in the official
2376records of the county, such number may be made available as part
2377of the official record available for public inspection and
2378copying. Any person, or his or her attorney or legal guardian,
2379may request that a county recorder remove from an image or copy
2380of an official record placed on a county recorder's publicly
2381available Internet website, or a publicly available Internet
2382website used by a county recorder to display public records
2383outside the office or otherwise made electronically available
2384outside the county recorder's office to the general public, his
2385or her social security number or complete account, debit,
2386charge, or credit card number contained in that official record.
2387Such request must be legibly written, signed by the requester,
2388and delivered by mail, facsimile, electronic transmission, or in
2389person to the county recorder. The request must specify the
2390identification page number of the document that contains the
2391number to be redacted. The county recorder does not have a duty
2392to inquire beyond the written request to verify the identity of
2393a person requesting redaction. A fee may not be charged for
2394redacting such numbers.
2395     3.  Upon the effective date of this act, subsections (3)
2396and (4) of s. 119.0721, do not apply to the clerks of the court
2397or the county recorder with respect to circuit court records and
2398official records.
2399     4.  On January 1, 2007 2006, and thereafter, the clerk of
2400the circuit court and the county recorder must keep complete
2401bank account, debit, charge, and credit card numbers exempt as
2402provided for in paragraph (dd), and must keep social security
2403numbers confidential and exempt as provided for in s. 119.0721,
2404without any person having to request redaction.
2405     Section 42.  Subsection (4) of section 142.01, Florida
2406Statutes, is amended to read:
2407     142.01  Fine and forfeiture fund; clerk of the circuit
2408court.--There shall be established by the clerk of the circuit
2409court in each county of this state a separate fund to be known
2410as the fine and forfeiture fund for use by the clerk of the
2411circuit court in performing court-related functions. The fund
2412shall consist of the following:
2413     (4)  Proceeds from forfeited bail bonds, unclaimed bonds,
2414unclaimed moneys, or recognizances pursuant to ss. 321.05(4)(a),
2415372.72(1), and 903.26(3)(a).
2416
2417Notwithstanding the provisions of this section, all fines and
2418forfeitures arising from operation of the provisions of s.
2419318.1215 shall be disbursed in accordance with that section.
2420     Section 43.  Subsection (5) is added to section 213.13,
2421Florida Statutes, to read:
2422     213.13  Electronic remittance and distribution of funds
2423collected by clerks of the court.--
2424     (5)  All court-related collections, including fees, fines,
2425reimbursements, court costs, and other court-related funds that
2426the clerks must remit to the state pursuant to law, must be
2427transmitted electronically by the 20th day of the month
2428immediately following the month in which the funds are
2429collected.
2430     Section 44.  Effective July 1, 2006, subsection (3) of
2431section 218.245, Florida Statutes, is amended to read:
2432     218.245  Revenue sharing; apportionment.--
2433     (3)  Revenues attributed to the increase in distribution to
2434the Revenue Sharing Trust Fund for Municipalities pursuant to s.
2435212.20(6)(d)6. from 1.0715 percent to 1.3409 percent provided in
2436chapter 2003-402, Laws of Florida, shall be distributed to each
2437eligible municipality and any unit of local government which is
2438consolidated as provided by s. 9, Art. VIII of the State
2439Constitution of 1885, as preserved by s. 6(e), Art. VIII, 1968
2440revised constitution, as follows: each eligible local
2441government's allocation shall be based on the amount it received
2442from the half-cent sales tax under s. 218.61 in the prior state
2443fiscal year divided by the total receipts under s. 218.61 in the
2444prior state fiscal year for all eligible local governments;
2445provided, however, for the purpose of calculating this
2446distribution, the amount received from the half-cent sales tax
2447under s. 218.61 in the prior state fiscal year by a unit of
2448local government which is consolidated as provided by s. 9, Art.
2449VIII of the State Constitution of 1885, as amended, and as
2450preserved by s. 6(e), Art. VIII, of the Constitution as revised
2451in 1968, shall be reduced by 50 percent for such local
2452government and for the total receipts. For eligible
2453municipalities that began participating in the allocation of
2454half-cent sales tax under s. 218.61 in the previous state fiscal
2455year, their annual receipts shall be calculated by dividing
2456their actual receipts by the number of months they participated,
2457and the result multiplied by 12.
2458     Section 45.  Section 219.07, Florida Statutes, is amended
2459to read:
2460     219.07  Disbursements.--Each officer shall, not later than
24617 working days from the close of the week in which the officer
2462received the funds, distribute the money which is required to be
2463paid to other officers, agencies, funds, or persons entitled to
2464receive the same; provided, that distributions or partial
2465distributions may be made more frequently; and provided further,
2466that money required by law or court order, or by the purpose for
2467which it was collected, to be held and disbursed for a
2468particular purpose in a manner different from that set out
2469herein shall be held and disbursed accordingly. Further, money
2470collected by the county officer on behalf of the state, except
2471for money collected by the clerk of the court as part of court-
2472related functions, shall be deposited directly to the account of
2473the State Treasury not later than 7 working days from the close
2474of the week in which the officer received the funds. The clerk
2475of the court, when collecting money as part of the clerk's
2476court-related functions, must remit that money as required under
2477s. 28.245.
2478     Section 46.  Subsection (1) of section 219.075, Florida
2479Statutes, is amended to read:
2480     219.075  Investment of surplus funds by county officers.--
2481     (1)(a)  Except when another procedure is prescribed by law
2482or by ordinance as to particular funds, a tax collector or any
2483other county officer having, receiving, or collecting any money,
2484either for his or her office or on behalf of and subject to
2485subsequent distribution to another officer of state or local
2486government, while such money is in excess of that required to
2487meet current expenses or is pending distribution, shall invest
2488such money, without limitation, as provided in s. 218.415.
2489     (b)  These investments shall be planned so as not to slow
2490the normal distribution of the subject funds. The investment
2491earnings shall be reasonably apportioned and allocated and shall
2492be credited to the account of, and paid to, the office or
2493distributee, together with the principal on which such earnings
2494accrued.
2495     (c)  This section does not apply to the clerk of the
2496circuit court with respect to money collected as part of the
2497clerk's court-related functions. The clerk, however, shall remit
2498this money as provided under s. 28.245.
2499     Section 47.  Section 318.121, Florida Statutes, is amended
2500to read:
2501     318.121  Preemption of additional fees, fines, surcharges,
2502and costs.--Notwithstanding any general or special law, or
2503municipal or county ordinance, additional fees, fines,
2504surcharges, or costs other than the court costs and surcharges
2505assessed under s. 318.18(11) and (13) may not be added to the
2506civil traffic penalties assessed in this chapter.
2507     Section 48.  Subsection (13) of section 318.18, Florida
2508Statutes, is amended, and subsection (14) is added to said
2509section, to read:
2510     318.18  Amount of civil penalties.--The penalties required
2511for a noncriminal disposition pursuant to s. 318.14 are as
2512follows:
2513     (13)  In addition to any penalties imposed for noncriminal
2514traffic infractions pursuant to this chapter or imposed for
2515criminal violations listed in s. 318.17, a board of county
2516commissioners or any unit of local government which is
2517consolidated as provided by s. 9, Art. VIII of the State
2518Constitution of 1885, as preserved by s. 6(e), Art. VIII of the
2519Constitution of 1968:
2520     (a)  May impose by ordinance a surcharge of up to $15 for
2521any infraction or violation to fund state court facilities. The
2522court shall not waive this surcharge. Up to 25 percent of the
2523revenue from such surcharge may be used to support local law
2524libraries provided that the county or unit of local government
2525provides a level of service equal to that provided prior to July
25261, 2004, which shall include the continuation of library
2527facilities located in or near the county courthouse or annexes.
2528     (b)  That imposed increased fees or service charges by
2529ordinance under s. 28.2401, s. 28.241, or s. 34.041 for the
2530purpose of securing payment of the principal and interest on
2531bonds issued by the county before July 1, 2003, to finance state
2532court facilities, may impose by ordinance a surcharge for any
2533infraction or violation for the exclusive purpose of securing
2534payment of the principal and interest on bonds issued by the
2535county before July 1, 2003, to fund state court facilities until
2536the date of stated maturity. The court shall not waive this
2537surcharge. Such surcharge may not exceed an amount per violation
2538calculated as the quotient of the maximum annual payment of the
2539principal and interest on the bonds as of July 1, 2003, divided
2540by the number of traffic citations for county fiscal year 2002-
25412003 certified as paid by the clerk of the court of the county.
2542Such quotient shall be rounded up to the next highest dollar
2543amount. The bonds may be refunded only if savings will be
2544realized on payments of debt service and the refunding bonds are
2545scheduled to mature on the same date or before the bonds being
2546refunded.
2547
2548A county may not impose both of the surcharges authorized under
2549paragraphs (a) and (b) concurrently. The clerk of court shall
2550report, no later than 30 days after the end of the quarter, the
2551amount of funds collected under this subsection during each
2552quarter of the fiscal year. The clerk shall submit the report,
2553in a format developed by the Office of State Courts
2554Administrator, to the chief judge of the circuit, the Governor,
2555the President of the Senate, and the Speaker of the House of
2556Representatives.
2557     (14)  In addition to any penalties imposed for noncriminal
2558traffic infractions under chapter 318 or imposed for criminal
2559violations listed in s. 318.17, any unit of local government
2560that is consolidated as provided by s. 9, Art. VIII of the State
2561Constitution of 1885, as preserved by s. 6(e), Art. VIII of the
2562State Constitution of 1968, and that is granted the authority in
2563the State Constitution to exercise all the powers of a municipal
2564corporation, and any unit of local government operating under a
2565home rule charter adopted pursuant to ss. 10, 11, and 24, Art.
2566VIII of the State Constitution of 1885, as preserved by s. 6(e),
2567Art. VIII of the State Constitution of 1968, that is granted the
2568authority in the State Constitution to exercise all the powers
2569conferred now or hereafter by general law upon municipalities,
2570may impose by ordinance a surcharge of up to $15 for any
2571infraction or violation. Revenue from the surcharge shall be
2572transferred to such unit of local government for the purpose of
2573replacing fine revenue deposited into the clerk's fine and
2574forfeiture fund under s. 142.01. The court may not waive this
2575surcharge. Proceeds from the imposition of the surcharge
2576authorized in this subsection shall not be used for the purpose
2577of securing payment of the principal and interest on bonds. This
2578subsection, and any surcharge imposed pursuant to this
2579subsection, shall stand repealed September 30, 2007.
2580     Section 49.  Effective upon this act becoming a law,
2581paragraph (g) of subsection (2) of section 318.21, Florida
2582Statutes, is amended to read:
2583     318.21  Disposition of civil penalties by county
2584courts.--All civil penalties received by a county court pursuant
2585to the provisions of this chapter shall be distributed and paid
2586monthly as follows:
2587     (2)  Of the remainder:
2588     (g)1.  If the violation occurred within a special
2589improvement district of the Seminole Indian Tribe or Miccosukee
2590Indian Tribe, 56.4 percent shall be paid to that special
2591improvement district.
2592     2.  If the violation occurred within a municipality, 50.8
2593percent shall be paid to that municipality and 5.6 percent shall
2594be deposited into the fine and forfeiture trust fund established
2595pursuant to s. 142.01.
2596     3.  If the violation occurred within the unincorporated
2597area of a county, including the unincorporated areas, if any, of
2598a government created pursuant to s. 6(e), Article VIII of the
2599State Constitution, that is not within a special improvement
2600district of the Seminole Indian Tribe or Miccosukee Indian
2601Tribe, 56.4 percent shall be deposited into the fine and
2602forfeiture fund established pursuant to s. 142.01.
2603     Section 50.  Section 318.31, Florida Statutes, is amended
2604to read:
2605     318.31  Objectives.--The Supreme Court is hereby requested
2606to adopt rules and procedures for the establishment and
2607operation of Civil Traffic Infraction Hearing Officer Programs
2608under ss. 318.30-318.38. However, the appointment of a hearing
2609officer shall be at the option of the county electing to
2610establish such a program, upon recommendation by the county
2611court judge or judges, as the case may be, and the Chief Judge
2612of the Circuit and approval by the Chief Justice of the Supreme
2613Court.
2614     Section 51.  Subsection (1) of section 318.32, Florida
2615Statutes, is amended to read:
2616     318.32  Jurisdiction; limitations.--
2617     (1)  Hearing officers shall be empowered to accept pleas
2618from and decide the guilt or innocence of any person, adult or
2619juvenile, charged with any civil traffic infraction and shall be
2620empowered to adjudicate or withhold adjudication of guilt in the
2621same manner as a county court judge under the statutes, rules,
2622and procedures presently existing or as subsequently amended,
2623except that hearing officers shall not:
2624     (a)  Have the power to hold a defendant in contempt of
2625court, but shall be permitted to file a motion for order of
2626contempt with the appropriate state trial court judge;
2627     (b)  Hear a case involving a crash resulting in injury or
2628death; or
2629     (c)  Hear a criminal traffic offense case or a case
2630involving a civil traffic infraction issued in conjunction with
2631a criminal traffic offense; or
2632     (d)  Have the power to suspend a defendant's drivers
2633license pursuant to s. 316.655(2).
2634     Section 52.  Section 318.325, Florida Statutes, is amended
2635to read:
2636     318.325  Jurisdiction and procedure for parking
2637infractions.--Any county or municipality may adopt an ordinance
2638that allows the county or municipality to refer cases involving
2639the violation of a county or municipal parking ordinance to a
2640hearing officer funded by the county or municipality.
2641Notwithstanding the provisions of ss. 318.14 and 775.08(3), any
2642parking violation shall be deemed to be an infraction as defined
2643in s. 318.13(3). However, the violation must be enforced and
2644disposed of in accordance with the provisions of general law
2645applicable to parking violations and with the charter or code of
2646the county or municipality where the violation occurred. The
2647clerk of the court or the designated traffic violations bureau
2648must collect and distribute the fines, forfeitures, and court
2649costs assessed under this section.
2650     Section 53.  Subsection (2) of section 322.29, Florida
2651Statutes, is amended to read:
2652     322.29  Surrender and return of license.--
2653     (2)  The provisions of subsection (1) to the contrary
2654notwithstanding, no examination is required for the return of a
2655license suspended under s. 318.15 or s. 322.245 unless an
2656examination is otherwise required by this chapter. Every person
2657applying for the return of a license suspended under s. 318.15
2658or s. 322.245 shall present to the department certification from
2659the court that he or she has complied with all obligations and
2660penalties imposed on him or her pursuant to s. 318.15 or, in the
2661case of a suspension pursuant to s. 322.245, that he or she has
2662complied with all directives of the court and the requirements
2663of s. 322.245 and shall pay to the department a nonrefundable
2664service fee of $47.50 $35, of which $37.50 $25 shall be
2665deposited into the General Revenue Fund and $10 shall be
2666deposited into the Highway Safety Operating Trust Fund. If
2667reinstated by the clerk of the court or tax collector, $37.50
2668$25 shall be retained and $10 shall be remitted to the
2669Department of Revenue for deposit into the Highway Safety
2670Operating Trust Fund. However, the service fee is not required
2671if the person is required to pay a $35 fee or $60 fee under the
2672provisions of s. 322.21.
2673     Section 54.  Subsection (1) of section 372.72, Florida
2674Statutes, is amended to read:
2675     372.72  Disposition of fines, penalties, and forfeitures.--
2676     (1)  All moneys collected from fines, penalties, proceeds
2677from unclaimed bonds, or forfeitures of bail of persons
2678convicted under this chapter shall be deposited in the fine and
2679forfeiture fund established pursuant to s. 142.01 where such
2680convictions are had, except for the disposition of moneys as
2681provided in subsection (2).
2682     Section 55.  Subsection (8) of section 903.26, Florida
2683Statutes, is amended to read:
2684     903.26  Forfeiture of the bond; when and how directed;
2685discharge; how and when made; effect of payment.--
2686     (8)  If the defendant is arrested and returned to the
2687county of jurisdiction of the court prior to judgment, the
2688clerk, upon affirmation by the sheriff or the chief correctional
2689officer, shall, without further order of the court, discharge
2690the forfeiture of the bond. However, if the surety agent fails
2691to pay the costs and expenses incurred in returning the
2692defendant to the county of jurisdiction, the clerk shall not
2693discharge the forfeiture of the bond. If the surety agent and
2694the sheriff state attorney fail to agree on the amount of said
2695costs, then the court, after notice to the sheriff and the state
2696attorney, shall determine the amount of the costs.
2697     Section 56.  Section 903.28, Florida Statutes, is amended
2698to read:
2699     903.28  Remission of forfeiture; conditions.--
2700     (1)  On application within 2 years from forfeiture, the
2701court shall order remission of the forfeiture if it determines
2702that there was no breach of the bond.
2703     (2)  If the defendant surrenders or is apprehended within
270490 days after forfeiture, the court, on motion at a hearing upon
2705notice having been given to the clerk of the circuit court
2706county attorney and the state attorney as required in subsection
2707(8), shall direct remission of up to, but not more than, 100
2708percent of a forfeiture if the surety apprehended and
2709surrendered the defendant or if the apprehension or surrender of
2710the defendant was substantially procured or caused by the
2711surety, or the surety has substantially attempted to procure or
2712cause the apprehension or surrender of the defendant, and the
2713delay has not thwarted the proper prosecution of the defendant.
2714In addition, remission shall be granted when the surety did not
2715substantially participate or attempt to participate in the
2716apprehension or surrender of the defendant when the costs of
2717returning the defendant to the jurisdiction of the court have
2718been deducted from the remission and when the delay has not
2719thwarted the proper prosecution of the defendant.
2720     (3)  If the defendant surrenders or is apprehended within
2721180 days after forfeiture, the court, on motion at a hearing
2722upon notice having been given to the clerk of the circuit court
2723county attorney and the state attorney as required in subsection
2724(8), shall direct remission of up to, but not more than, 95
2725percent of a forfeiture if the surety apprehended and
2726surrendered the defendant or if the apprehension or surrender of
2727the defendant was substantially procured or caused by the
2728surety, or the surety has substantially attempted to procure or
2729cause the apprehension or surrender of the defendant, and the
2730delay has not thwarted the proper prosecution of the defendant.
2731In addition, remission shall be granted when the surety did not
2732substantially participate or attempt to participate in the
2733apprehension or surrender of the defendant when the costs of
2734returning the defendant to the jurisdiction of the court have
2735been deducted from the remission and when the delay has not
2736thwarted the proper prosecution of the defendant.
2737     (4)  If the defendant surrenders or is apprehended within
2738270 days after forfeiture, the court, on motion at a hearing
2739upon notice having been given to the clerk of the circuit court
2740county attorney and the state attorney as required in subsection
2741(8), shall direct remission of up to, but not more than, 90
2742percent of a forfeiture if the surety apprehended and
2743surrendered the defendant or if the apprehension or surrender of
2744the defendant was substantially procured or caused by the
2745surety, or the surety has substantially attempted to procure or
2746cause the apprehension or surrender of the defendant, and the
2747delay has not thwarted the proper prosecution of the defendant.
2748In addition, remission shall be granted when the surety did not
2749substantially participate or attempt to participate in the
2750apprehension or surrender of the defendant when the costs of
2751returning the defendant to the jurisdiction of the court have
2752been deducted from the remission and when the delay has not
2753thwarted the proper prosecution of the defendant.
2754     (5)  If the defendant surrenders or is apprehended within 1
2755year after forfeiture, the court, on motion at a hearing upon
2756notice having been given to the clerk of the circuit court
2757county attorney and the state attorney as required in subsection
2758(8), shall direct remission of up to, but not more than, 85
2759percent of a forfeiture if the surety apprehended and
2760surrendered the defendant or if the apprehension or surrender of
2761the defendant was substantially procured or caused by the
2762surety, or the surety has substantially attempted to procure or
2763cause the apprehension or surrender of the defendant, and the
2764delay has not thwarted the proper prosecution of the defendant.
2765In addition, remission shall be granted when the surety did not
2766substantially participate or attempt to participate in the
2767apprehension or surrender of the defendant when the costs of
2768returning the defendant to the jurisdiction of the court have
2769been deducted from the remission and when the delay has not
2770thwarted the proper prosecution of the defendant.
2771     (6)  If the defendant surrenders or is apprehended within 2
2772years after forfeiture, the court, on motion at a hearing upon
2773notice having been given to the clerk of the circuit court
2774county attorney and the state attorney as required in subsection
2775(8), shall direct remission of up to, but not more than, 50
2776percent of a forfeiture if the surety apprehended and
2777surrendered the defendant or if the apprehension or surrender of
2778the defendant was substantially procured or caused by the
2779surety, or the surety has substantially attempted to procure or
2780cause the apprehension or surrender of the defendant, and the
2781delay has not thwarted the proper prosecution of the defendant.
2782In addition, remission shall be granted when the surety did not
2783substantially participate or attempt to participate in the
2784apprehension or surrender of the defendant when the costs of
2785returning the defendant to the jurisdiction of the court have
2786been deducted from the remission and when the delay has not
2787thwarted the proper prosecution of the defendant.
2788     (7)  The remission of a forfeiture may not be ordered for
2789any reason other than as specified herein.
2790     (8)  An application for remission must be accompanied by
2791affidavits setting forth the facts on which it is founded;
2792however, the surety must establish by further documentation or
2793other evidence any claimed attempt at procuring or causing the
2794apprehension or surrender of the defendant before the court may
2795order remission based upon an attempt to procure or cause such
2796apprehension or surrender. The clerk of the circuit court and
2797the state attorney must be given 20 days' notice before a
2798hearing on an application and be furnished copies of all papers,
2799applications, and affidavits. Remission shall be granted on the
2800condition of payment of costs, unless the ground for remission
2801is that there was no breach of the bond.
2802     (9)  The clerk of the circuit court may enter into a
2803contract with a private attorney or into an interagency
2804agreement with a governmental agency to represent the clerk of
2805the court in an action for the remission of a forfeiture under
2806this section.
2807     (10)  The clerk of the circuit court is the real party in
2808interest for all appeals arising from an action for the
2809remission of a forfeiture under this section.
2810     Section 57.  Section 903.286, Florida Statutes, is created
2811to read:
2812     903.286  Return of cash bond; requirement to withhold
2813unpaid fines, fees, and court costs.--Notwithstanding the
2814provisions of s. 903.31(2), the clerk of the court shall
2815withhold from the return of a cash bond posted on behalf of a
2816criminal defendant by a person other than a bail bond agent
2817licensed pursuant to chapter 648 sufficient funds to pay any
2818unpaid court fees, court costs, and criminal penalties. In the
2819event that sufficient funds are not available to pay all unpaid
2820court fees, court costs, and criminal penalties, the clerk of
2821the court shall immediately obtain payment from the defendant or
2822enroll the defendant in a payment plan pursuant to s. 28.246.
2823     Section 58.  Section 916.115, Florida Statutes, is amended
2824to read:
2825     916.115  Appointment of experts.--
2826     (1)(a)  Annually, the department shall provide the courts
2827with a list of mental health professionals who have completed
2828approved training as experts.
2829     (b)  The court may appoint no more than three nor fewer
2830than two experts to determine issues of the mental condition of
2831a defendant in a criminal case, including the issues of
2832competency to proceed, insanity, and involuntary hospitalization
2833or placement. An expert The panel of experts may evaluate the
2834defendant in jail or in another appropriate local facility.
2835     (c)  To the extent possible, an the appointed expert
2836experts shall have completed forensic evaluator training
2837approved by the department and be either a psychiatrist,
2838licensed psychologist, or physician.
2839     (2)  Expert witnesses appointed by the court to evaluate
2840the mental condition of a defendant in a criminal case shall be
2841allowed reasonable fees for services rendered as evaluators of
2842competence or sanity and as witnesses, which shall be paid by
2843the county in which the indictment was found or the information
2844or affidavit was filed.
2845     (a)1.  The court shall pay for any expert that it appoints
2846by court order, upon motion of counsel for the defendant or the
2847state or upon its own motion. If the defense or the state
2848retains an expert and waives the confidentiality of the expert's
2849report, the court may pay for no more than two additional
2850experts appointed by court order. If an expert appointed by the
2851court upon motion of counsel for the defendant specifically to
2852evaluate the competence of the defendant to proceed also
2853addresses in his or her evaluation issues related to sanity as
2854an affirmative defense, the court shall pay only for that
2855portion of the experts' fees relating to the evaluation on
2856competency to proceed and the balance of the fees shall be
2857chargeable to the defense.
2858     2.  Pursuant to s. 29.006, the office of the public
2859defender shall pay for any expert retained by the office.
2860     3.  Pursuant to s. 29.005, the office of the state attorney
2861shall pay for any expert retained by the office. Notwithstanding
2862subparagraph 1., the office of the state attorney shall pay for
2863any expert whom the office retains and whom the office moves the
2864court to appoint in order to ensure that the expert has access
2865to the defendant.
2866     4.  An expert retained by the defendant who is represented
2867by private counsel appointed under s. 27.5303 shall be paid by
2868the Justice Administrative Commission.
2869     5.  An expert retained by a defendant who is indigent for
2870costs as determined by the court and who is represented by
2871private counsel, other than private counsel appointed under s.
287227.5303, on a fee or pro bono basis, or who is representing
2873himself or herself, shall be paid by the Justice Administrative
2874Commission from funds specifically appropriated for these
2875expenses.
2876     (b)  State employees shall be paid expenses pursuant to s.
2877112.061.
2878     (c)  The fees shall be taxed as costs in the case.
2879     (d)  In order for an expert the experts to be paid for the
2880services rendered, the expert's report reports and testimony
2881must explicitly address each of the factors and follow the
2882procedures set out in this chapter and in the Florida Rules of
2883Criminal Procedure.
2884     Section 59.  Subsections (2), (3), and (4) of section
2885916.12, Florida Statutes, are amended to read:
2886     916.12  Mental competence to proceed.--
2887     (2)  An expert The experts shall first determine whether
2888the person is mentally ill and, if so, consider the factors
2889related to the issue of whether the defendant meets the criteria
2890for competence to proceed; that is, whether the defendant has
2891sufficient present ability to consult with counsel with a
2892reasonable degree of rational understanding and whether the
2893defendant has a rational, as well as factual, understanding of
2894the pending proceedings. A defendant must be evaluated by no
2895fewer than two experts before the court commits the defendant or
2896takes other action authorized by this chapter or the Florida
2897Rules of Criminal Procedure, except if one expert finds that the
2898defendant is incompetent to proceed and the parties stipulate to
2899that finding, the court may commit the defendant or take other
2900action authorized by this chapter or the rules without further
2901evaluation or hearing, or the court may appoint no more than two
2902additional experts to evaluate the defendant. Notwithstanding
2903any stipulation by the state and the defendant, the court may
2904require a hearing with testimony from the expert or experts
2905before ordering the commitment of a defendant.
2906     (3)  In considering the issue of competence to proceed, an
2907the examining expert experts shall first consider and
2908specifically include in his or her their report the defendant's
2909capacity to:
2910     (a)  Appreciate the charges or allegations against the
2911defendant;
2912     (b)  Appreciate the range and nature of possible penalties,
2913if applicable, that may be imposed in the proceedings against
2914the defendant;
2915     (c)  Understand the adversarial nature of the legal
2916process;
2917     (d)  Disclose to counsel facts pertinent to the proceedings
2918at issue;
2919     (e)  Manifest appropriate courtroom behavior; and
2920     (f)  Testify relevantly;
2921
2922and include in his or her their report any other factor deemed
2923relevant by the expert experts.
2924     (4)  If an expert finds the experts should find that the
2925defendant is incompetent to proceed, the expert experts shall
2926report on any recommended treatment for the defendant to attain
2927competence to proceed. In considering the issues relating to
2928treatment, the examining expert experts shall specifically
2929report on:
2930     (a)  The mental illness causing the incompetence;
2931     (b)  The treatment or treatments appropriate for the mental
2932illness of the defendant and an explanation of each of the
2933possible treatment alternatives in order of choices;
2934     (c)  The availability of acceptable treatment and, if
2935treatment is available in the community, the expert shall so
2936state in the report; and
2937     (d)  The likelihood of the defendant's attaining competence
2938under the treatment recommended, an assessment of the probable
2939duration of the treatment required to restore competence, and
2940the probability that the defendant will attain competence to
2941proceed in the foreseeable future.
2942     Section 60.  Subsection (7) of section 916.301, Florida
2943Statutes, is amended to read:
2944     916.301  Appointment of experts.--
2945     (7)  Expert witnesses appointed by the court to evaluate
2946the mental condition of a defendant in a criminal case shall be
2947allowed reasonable fees for services rendered as evaluators and
2948as witnesses, which shall be paid by the court county in which
2949the indictment was found or the information or affidavit was
2950filed. State employees shall be paid expenses pursuant to s.
2951112.061. The fees shall be taxed as costs in the case. In order
2952for the experts to be paid for the services rendered, the
2953reports and testimony must explicitly address each of the
2954factors and follow the procedures set out in this chapter and in
2955the Florida Rules of Criminal Procedure.
2956     Section 61.  Paragraph (b) of subsection (2) of section
2957938.29, Florida Statutes, is amended to read:
2958     938.29  Legal assistance; lien for payment of attorney's
2959fees or costs.--
2960     (2)
2961     (b)  A judgment showing the name and residence of the
2962defendant-recipient or parent shall be recorded in the public
2963record, without cost, by filed for record in the office of the
2964clerk of the circuit court in the county where the defendant-
2965recipient or parent resides and in each county in which such
2966defendant-recipient or parent then owns or later acquires any
2967property. Such judgments shall be enforced on behalf of the
2968state by the clerk of the circuit court of the county in which
2969assistance was rendered.
2970     Section 62.  Section 939.06, Florida Statutes, is amended
2971to read:
2972     939.06  Acquitted defendant not liable for costs.--
2973     (1)  A No defendant in a criminal prosecution who is
2974acquitted or discharged is not shall be liable for any costs or
2975fees of the court or any ministerial office, or for any charge
2976of subsistence while detained in custody. If the defendant has
2977shall have paid any taxable costs, or fees required under s.
297827.52(1)(b), in the case, the clerk or judge shall give him or
2979her a certificate of the payment of such costs, with the items
2980thereof, which, when audited and approved according to law,
2981shall be refunded to the defendant.
2982     (2)  To receive a refund under this section, a defendant
2983must submit a request for the refund to the Justice
2984Administrative Commission on a form and in a manner prescribed
2985by the commission. The defendant must attach to the form an
2986order from the court demonstrating the defendant's right to the
2987refund and the amount of the refund.
2988     Section 63.  Paragraph (b) of subsection (1) of section
2989939.185, Florida Statutes, is redesignated as paragraph (c), and
2990a new paragraph (b) is added to said subsection, to read:
2991     939.185  Assessment of additional court costs and
2992surcharges.--
2993     (1)
2994     (b)  In addition to the court costs imposed under paragraph
2995(a) and any other cost, fine, or penalty imposed by law, any
2996unit of local government which is consolidated as provided by s.
29979, Art. VIII of the State Constitution of 1885, as preserved by
2998s. 6(e), Art. VIII of the State Constitution of 1968, and which
2999is granted the authority in the State Constitution to exercise
3000all the powers of a municipal corporation, and any unit of local
3001government operating under a home rule charter adopted pursuant
3002to ss. 10, 11, and 24, Art. VIII of the State Constitution of
30031885, as preserved by s. 6(e), Art. VIII of the State
3004Constitution of 1968, which is granted the authority in the
3005State Constitution to exercise all the powers conferred now or
3006hereafter by general law upon municipalities, may impose by
3007ordinance a surcharge in the amount of $85 to be imposed by the
3008court when a person pleads guilty or nolo contendere to, or is
3009found guilty of, any felony, misdemeanor, or criminal traffic
3010offense under the laws of this state. Revenue from the surcharge
3011shall be transferred to such unit of local government for the
3012purpose of replacing fine revenue deposited into the clerk's
3013fine and forfeiture fund under s. 142.01. Proceeds from the
3014imposition of the surcharge authorized in this paragraph shall
3015not be used for the purpose of securing payment of the principal
3016and interest on bonds. This paragraph, and any surcharge imposed
3017pursuant to this paragraph, shall stand repealed on September
301830, 2007.
3019     (c)(b)  The disbursement of costs collected under this
3020section shall be subordinate in priority order of disbursement
3021to all other state-imposed costs authorized in this chapter,
3022restitution or other compensation to victims, and child support
3023payments.
3024     Section 64.  Subsection (2) of section 985.05, Florida
3025Statutes, is amended, and subsection (5) is added to said
3026section, to read:
3027     985.05  Court records.--
3028     (2)  The clerk shall keep all official records required by
3029this section separate from other records of the circuit court,
3030except those records pertaining to motor vehicle violations,
3031which shall be forwarded to the Department of Highway Safety and
3032Motor Vehicles. Except as provided in ss. 943.053 and 985.04(4),
3033official records required by this part are not open to
3034inspection by the public, but may be inspected only upon order
3035of the court by persons deemed by the court to have a proper
3036interest therein, except that a child and the parents,
3037guardians, or legal custodians of the child and their attorneys,
3038law enforcement agencies, the Department of Juvenile Justice and
3039its designees, the Parole Commission, and the Department of
3040Corrections, and the Justice Administrative Commission shall
3041always have the right to inspect and copy any official record
3042pertaining to the child. The court may permit authorized
3043representatives of recognized organizations compiling statistics
3044for proper purposes to inspect, and make abstracts from,
3045official records under whatever conditions upon the use and
3046disposition of such records the court may deem proper and may
3047punish by contempt proceedings any violation of those
3048conditions.
3049     (5)  This part does not prohibit a circuit court from
3050providing a restitution order containing the information
3051prescribed in s. 985.201(4)(c) to a collection court or a
3052private collection agency for the sole purpose of collecting
3053unpaid restitution ordered in a case in which the circuit court
3054has retained jurisdiction over the child and the child's parent
3055or legal guardian. The collection court or private collection
3056agency shall maintain the confidential status of the information
3057to the extent such confidentiality is provided by law.
3058     Section 65.  Paragraph (c) of subsection (4) of section
3059985.201, Florida Statutes, is amended to read:
3060     985.201  Jurisdiction.--
3061     (4)
3062     (c)  The court may retain jurisdiction over a child and the
3063child's parent or legal guardian whom the court has ordered to
3064pay restitution until the restitution order is satisfied or
3065until the court orders otherwise. To retain jurisdiction, the
3066court shall enter a restitution order, which is separate from
3067any disposition or order of commitment, on or prior to the date
3068that If the court retains such jurisdiction after the date upon
3069which the court's jurisdiction would cease under this section,
3070it shall do so solely for the purpose of enforcing the
3071restitution order. The contents of the restitution order shall
3072be limited to the child's name and address, the name and address
3073of the parent or legal guardian, the name and address of the
3074payee, the case number, the date and amount of restitution
3075ordered, any amount of restitution paid, the amount of
3076restitution due and owing, and a notation that costs, interest,
3077penalties, and attorney's fees may also be due and owing. The
3078terms of the restitution order are subject to the provisions of
3079s. 775.089(5).
3080     Section 66.  Compensation to traffic court witnesses.--Any
3081party who secures the attendance of a witness in traffic court
3082shall bear all costs of calling the witness, including witness
3083fees. If the witness is required to testify on behalf of the
3084prosecution, the office of the state attorney of the respective
3085judicial circuit shall pay the fees and costs of calling the
3086witness.
3087     Section 67.  Recovery of expenditures for state-funded
3088services.--The trial court administrator of each circuit shall
3089recover expenditures for state-funded services when those
3090services have been furnished to a user of the state court system
3091who possesses the present ability to pay. The rate of
3092compensation for such services shall be the actual cost of the
3093services, including the cost of recovery. The trial court
3094administrator shall deposit moneys recovered under this section
3095in the Grants and Donations Trust Fund within the state court
3096system. The trial court administrator shall recover the costs of
3097court-reporter services and transcription; court-interpreter
3098services, including translation; and any other service for which
3099state funds were used to provide a product or service within the
3100circuit. This section does not authorize cost recovery from
3101entities described in ss. 29.005, 29.006, and 29.007, Florida
3102Statutes.
3103     Section 68.  It is the intent of the Legislature that the
3104amendments made by this act to ss. 28.2402(2), 34.191, and
3105318.21, Florida Statutes, are remedial. It is the further intent
3106of the Legislature that fines and forfeitures or civil penalties
3107arising from offenses or violations committed or occurring
3108within an unincorporated area of a government created pursuant
3109to Section 6(e), Article VIII of the State Constitution be paid
3110or deposited for fiscal year 2004-2005 as provided in ss.
311128.2402, 34.191, and 318.21, Florida Statutes, as those sections
3112are amended by this act. This section shall take effect upon
3113becoming a law.
3114     Section 69.  (1)(a)  The Legislature finds that the use of
3115estimates of prior-year expenditures to establish maximum annual
3116budgets for the county fiscal year 2004-2005 resulted in maximum
3117annual budgets for some clerks of court which were less than the
3118amounts would have been if actual prior-year expenditures had
3119been used.
3120     (b)  The Legislature further finds that the clerks of court
3121perform duties critical to the operations of the judicial branch
3122and that future maximum annual budgets for the clerks of court
3123are based in part on their prior-year budgets.
3124     (c)  The Legislature further finds that the difference
3125between establishing the maximum annual budget using estimated
3126prior-year expenditures and using actual prior-year expenditures
3127was significant for the Clerk of the Circuit Court, Miami-Dade
3128County.
3129     (2)  Therefore, the maximum annual budget for the Clerk of
3130the Circuit Court, Miami-Dade County, is increased by $3,817,115
3131for the county fiscal year 2004-2005.
3132     Section 70.  (1)  Effective July 1, 2006, section 29.014,
3133Florida Statutes, is repealed.
3134     (2)  Section 318.37, Florida Statutes, is repealed.
3135     Section 71.  Section 938.19, Florida Statutes, is amended
3136to read:
3137     938.19  Teen courts.--
3138     (1)  Notwithstanding s. 318.121, in each county in which a
3139teen court has been created, the board of county commissioners
3140may adopt a mandatory court cost to be assessed in specific
3141cases by incorporating by reference the provisions of this
3142section in a county ordinance. Assessments collected by the
3143clerk of the circuit court under this section shall be deposited
3144into an account specifically for the operation and
3145administration of the teen court.
3146     (2)  A sum of up to $3 shall be assessed as a court cost in
3147the circuit and county court in the county against each person
3148who pleads guilty or nolo contendere to, or is convicted of,
3149regardless of adjudication, a violation of a criminal law or a
3150municipal or county ordinance, or who pays a fine or civil
3151penalty for any violation of chapter 316. Any person whose
3152adjudication is withheld under s. 318.14(9) or s. 318.14(10)
3153shall also be assessed the cost.
3154     (3)  The assessment for court costs shall be assessed in
3155addition to any fine or civil penalty or other court cost and
3156may not be deducted from the proceeds of that portion of any
3157fine or civil penalty that is received by a municipality in the
3158county or by the county in accordance with ss. 316.660 and
3159318.21. The assessment shall be specifically added to any civil
3160penalty paid for a violation of chapter 316, regardless of
3161whether the penalty is paid by mail, paid in person without
3162request for a hearing, or paid after hearing and determination
3163by the court. However, the assessment may not be made against a
3164person for a violation of any state law or municipal or county
3165ordinance relating to the parking of vehicles, with the
3166exception of a violation of the handicapped parking laws.
3167     (4)(a)  The clerk of the circuit court shall collect the
3168assessments for court costs established in this section and
3169shall remit the assessments to the teen court monthly.
3170     (b)  The clerk of the circuit court shall withhold 5
3171percent of the assessments collected, which shall be retained as
3172fee income of the office of the clerk of the circuit court.
3173     (5)  A teen court must account for all funds received under
3174this section in a written report to the board of county
3175commissioners. The report must be given to the commissioners by
3176August 1 of each year or by a date required by the
3177commissioners.
3178     (6)  A teen court may be administered by a nonprofit
3179organization, a law enforcement agency, the court administrator,
3180the clerk of the court, or another similar agency authorized by
3181the board of county commissioners.
3182     (7)  A teen court administered in a county that adopts an
3183ordinance to assess court costs under this section may not
3184receive court costs collected under s. 939.185(1)(a)4. Counties
3185are hereby authorized to fund teen courts.
3186     Section 72.  Paragraph (a) of subsection (1) of section
3187939.185, Florida Statutes, is amended to read:
3188     939.185  Assessment of additional court costs.--
3189     (1)(a)  The board of county commissioners may adopt by
3190ordinance an additional court cost, not to exceed $65, to be
3191imposed by the court when a person pleads guilty or nolo
3192contendere to, or is found guilty of, any felony, misdemeanor,
3193or criminal traffic offense under the laws of this state. Such
3194additional assessment shall be accounted for separately by the
3195county in which the offense occurred and be used only in the
3196county imposing this cost, to be allocated as follows:
3197     1.  Twenty-five percent of the amount collected shall be
3198allocated to fund innovations to supplement state funding for
3199the elements of the state courts system identified in s. 29.004
3200and county funding for local requirements under s.
320129.008(2)(a)2.
3202     2.  Twenty-five percent of the amount collected shall be
3203allocated to assist counties in providing legal aid programs
3204required under s. 29.008(3)(a).
3205     3.  Twenty-five percent of the amount collected shall be
3206allocated to fund personnel and legal materials for the public
3207as part of a law library.
3208     4.  Twenty-five percent of the amount collected shall be
3209used as determined by the board of county commissioners to
3210support teen court programs, except as provided in s. 938.19(7),
3211juvenile assessment centers, and other juvenile alternative
3212programs.
3213
3214Each county receiving funds under this section shall report the
3215amount of funds collected pursuant to this section and an
3216itemized list of expenditures for all authorized programs and
3217activities. The report shall be submitted in a format developed
3218by the Supreme Court to the Governor, the Chief Financial
3219Officer, the President of the Senate, and the Speaker of the
3220House of Representatives on a quarterly basis beginning with the
3221quarter ending September 30, 2004. Quarterly reports shall be
3222submitted no later than 30 days after the end of the quarter.
3223Any unspent funds at the close of the county fiscal year
3224allocated under subparagraphs 2., 3., and 4., shall be
3225transferred for use pursuant to subparagraph 1.
3226     Section 73.  The sum of $1.5 million in recurring funds is
3227appropriated from the General Revenue Fund to the Justice
3228Administrative Commission for public defender due process
3229services for the 2005-2006 fiscal year.
3230     Section 74.  The sum of $800,000 in recurring funds is
3231appropriated from the General Revenue Fund to the Justice
3232Administrative Commission for state attorney due process
3233services for the 2005-2006 fiscal year.
3234     Section 75.  The sum of $182,885 in recurring funds is
3235appropriated from the General Revenue Fund to the State Attorney
3236for the Eleventh Judicial Circuit to be used for state attorney
3237operations for the 2005-2006 fiscal year.
3238     Section 76.  Except as otherwise provided herein, this act
3239shall take effect July 1, 2005.


CODING: Words stricken are deletions; words underlined are additions.
Site Map
Session:   Bills ·   Calendars ·   Bound Journals ·   Citator ·   Search ·   Appropriations ·   Redistricting ·   Bill Information Reports
Committee Publications
Historical Information
Statutes:   Introduction ·   View Statutes ·   Search Statutes
Flsenate.gov
Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes.    Copyright © 2000-2020 State of Florida.     Privacy Statement     Contact Us     Get Acrobat Reader