September 23, 2020
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HB 2007

1
A bill to be entitled
2An act relating to the state judicial system; amending s.
325.241, F.S.; authorizing the Supreme Court to impose
4certain appearance fees on certain attorneys; providing
5for deposit of such fees into the state courts Grants and
6Donations Trust Fund; amending s. 25.383, F.S.; requiring
7the Supreme Court to determine court reporter
8certification administration fees; providing for deposit
9of such fees into the state courts Grants and Donations
10Trust Fund; clarifying state attorney authorization to
11charge certain fees for discovery; amending s. 25.384,
12F.S.; revising purposes for which Court Education Trust
13Fund moneys must be used; amending s. 27.02, F.S.;
14authorizing state attorneys to appear in certain courts to
15prosecute certain special laws and local ordinances;
16providing for reimbursement of state attorneys for such
17prosecutions; amending s. 27.34, F.S.; authorizing
18counties and municipalities to contract with, or
19appropriate or contribute funds to the operation of,
20various state attorneys; requiring state attorneys to
21contract with counties and municipalities to recover the
22costs of certain services or reimburse the state for costs
23of assigning certain attorneys for work on behalf of the
24counties or municipalities; providing contract
25requirements; specifying amounts of rates or costs;
26providing for deposit of payments into the state courts
27Grants and Donations Trust Fund; clarifying a prohibition
28against certain state attorneys from receiving any
29supplemental salary under certain circumstances; requiring
30the Chief Financial Officer to contract with the public
31defender to provide certain indigent representation under
32certain circumstances; providing contract authorizations;
33prohibiting state attorneys from spending certain state
34funds on county funding obligations; providing exceptions;
35requiring a state attorney to request reimbursement by a
36county for certain authorized short-term advance funding
37under certain circumstances; providing limitations on such
38funding; providing for deposit of reimbursement payments
39into the General Revenue Fund; amending s. 27.40, F.S.;
40clarifying when a circuit Article V indigent services
41committee must maintain and use a registry of counsel;
42revising requirements; amending s. 27.42, F.S.; clarifying
43membership of Article V indigent services committees;
44clarifying when a circuit Article V indigent services
45committee must maintain and use a registry of counsel;
46revising registry use requirements; revising fee and
47expense allowance rate schedule criteria; including the
48Governor and Chief Justice of the Supreme Court in a
49distribution list for certain reports; requiring the
50Justice Administrative Commission to provide staff support
51for such committees from appropriated funds; specifying
52separate appropriations for certain attorney's fees and
53expenses and other funds; requiring the Justice
54Administrative Commission to separately track private
55court-appointed counsel expenditures by category; amending
56s. 27.51, F.S.; expanding representation responsibilities
57of public defenders to include violations of special laws
58or local ordinances; providing contracting requirements;
59providing limitations; revising representation
60requirements; clarifying appeal procedures; amending s.
6127.52, F.S.; revising provisions relating to determining
62indigent status of defendants; authorizing clerks of court
63to contract for such determinations; providing application
64fee requirements and procedures; specifying certain
65required financial information; specifying criteria for
66indigent status; specifying distributions of application
67fees; deleting certain affidavit requirements; providing
68for disposition of certain amounts recovered from certain
69persons; amending s. 27.5303, F.S.; revising standards for
70determining  counsel's conflict of interest in certain
71cases; revising compensation of private court-appointed
72counsel provisions; amending s. 27.5304, F.S.; revising
73compensation of private court-appointed counsel
74provisions; amending s. 27.54, F.S.; requiring public
75defenders to contract with counties and municipalities to
76recover the costs of certain services or reimburse the
77state for costs of assigning certain attorneys for work on
78behalf of the counties or municipalities; providing
79contract requirements; specifying amounts of rates or
80costs; providing for deposit of payments into the state
81courts Grants and Donations Trust Fund; prohibiting public
82defenders from spending certain state funds on county
83funding obligations; providing exceptions; requiring a
84public defender to request reimbursement by a county for
85certain authorized short-term advance funding under
86certain circumstances; providing limitations on such
87funding; providing for deposit of reimbursement payments
88into the General Revenue Fund; amending s. 27.562, F.S.;
89providing for distribution of funds collected pursuant to
90provisions providing for legal assistance and liens and
91payments of attorney's fees or costs of a public defender;
92amending s. 28.101, F.S.; increasing a charge for
93petitions for dissolution of marriage; amending s. 28.24,
94F.S.; clarifying access to public records by court
95personnel, state attorneys, public defenders, and
96guardians ad litem; providing for administrative fees for
97partial payments and payment plans; amending s. 28.2401,
98F.S.; increasing the additional service charge on
99petitions seeking summary administration in probate
100matters; providing for distribution of the increase;
101amending s. 28.2402, F.S.; reducing the filing fee for a
102county or municipality to file a code or ordinance
103violation in court; providing a court cost to be assessed
104against the nonprevailing party; requiring allocation of
105certain fines to the clerk of the court to offset certain
106costs relating to processing violations special laws and
107local ordinances; amending s. 28.241, F.S.; revising
108filing fees for trial and appellate proceedings; providing
109exemptions from certain filing fee requirements; providing
110for deferring such fees for indigent persons; revising
111distributions of such filing fees; establishing a fee to
112be paid by counsel appearing pro hac vice before the
113circuit court; amending s. 28.245, F.S.; requiring
114electronic transmittal to the Department of Revenue of
115moneys collected by clerks of court for subsequent
116distribution to state entities; requiring moneys collected
117by clerks of court to be distributed pursuant to the law
118in effect at time of collection; amending s. 28.246, F.S.;
119revising court-related fees, charges, and costs
120information reporting requirements; requiring separate
121identification of certain amounts; requiring certain
122persons to enroll in payment programs under certain
123circumstances; revising a funds distribution priority
124provision; authorizing clerks to impose and collect
125certain service charges for certain purposes; providing
126for collection fees to be in addition to certain amounts;
127amending s. 28.345, F.S.; limiting an exemption from
128certain court-related fees and charges; amending s. 28.35,
129F.S.; replacing the Clerk of Court Operations conference
130with the not-for-profit Florida Clerks of Court
131Conference, Inc.; providing organizational and operational
132requirements; providing for a governing board of
133directors; providing for board membership; revising duties
134of the conference; providing requirements for and
135limitations on court-related functions clerks may fund
136from certain fees, charges, costs, and fines; providing
137for conference funding; amending s. 28.36, F.S.; revising
138certain budget proposal and operations procedures for
139court-related functions of clerks of court; providing
140limitations; revising requirements; providing reporting
141requirements for certain funds insufficiencies; providing
142responsibilities of the Department of Revenue; authorizing
143clerks of court to retain certain funds under certain
144revenue deficit conditions; revising budget proposal and
145implementation requirements for clerks of court; providing
146for reimbursement of the Clerks of the Court Trust Fund
147for certain ineligible budget expenditures for certain
148purposes; requiring the department to certify certain
149budgets; amending s. 28.37, F.S.; changing the date for
150remittance of revenues by clerks of the court; requiring
151clerks operating as fee officers for court-related
152services to determine certain fees and expenses for such
153services; providing for remittance of certain excess fees
154to a county; requiring certain deficits to be funded by a
155county; revising payment procedures; deleting Department
156of Revenue authority to adopt rules providing for
157penalties for failure to comply with remittance; amending
158s. 29.005, F.S.; clarifying witnesses to be paid from
159state revenue when summoned by a state attorney; requiring
160certain motor vehicles and transportation services to be
161transferred to the state; amending s. 29.006, F.S.;
162clarifying witnesses to be paid from state revenue when
163summoned by a public defender; amending s. 29.008, F.S.;
164revising county funding requirements for certain equipment
165and support staff; revising definitions; establishing
166funding levels for legal aid programs; requiring the
167Department of Revenue to withhold certain revenue sharing
168receipts from certain counties under certain
169circumstances; specifying criteria for amounts withheld;
170requiring the state to apply amounts withheld to certain
171to certain payments; creating s. 29.0086, F.S.; creating
172the Article V Technology Board; providing for membership;
173providing duties and responsibilities of the board;
174requiring a report to Legislature; amending s. 29.016,
175F.S.; revising purposes for which judicial branch
176contingency funds may be used; amending s. 34.01, F.S.;
177deleting a requirement that parties instituting civil
178actions, suits, or proceedings pay certain fees and
179charges to the clerk; correcting a cross reference;
180amending s. 34.041, F.S.; requiring parties instituting
181civil actions, suits, or proceedings in county court to
182pay certain filing fees; providing for allocation of such
183fees; providing certain exemptions from such fees;
184clarifying application to nonindigent parties; providing
185for filing fees in appellate proceedings; authorizing
186clerks to impose a fee upon attorneys appearing pro hac
187vice; providing for deposit of such fees; creating s.
18834.045, F.S.; providing for certain payments in lieu of
189filing fees for certain filings in county court; providing
190requirements and limitations; providing allocations of
191certain fines to offset costs incurred by clerks in
192performing court-related functions associated with
193violations of special laws or local ordinances; amending
194s. 34.191, F.S.; revising distribution requirements for
195fines and forfeitures arising from offenses tried in
196county court; amending s. 35.22, F.S.; providing for
197collecting certain filing fees and services charges;
198establishing a fee to be paid by counsel appearing pro hac
199vice before a district court of appeal; amending s.
20039.0134, F.S.; providing for compensation of appointed
201counsel in termination of parental rights proceedings;
202amending s. 40.29, F.S.; requiring state attorneys, public
203defenders, and clerks of court to provide the Justice
204Administrative Commission with estimates of required
205payments for witnesses; providing exceptions; providing
206for payment of certain invoices by clerks and the
207commission; amending s. 40.32, F.S.; revising payment
208disbursement requirements and procedures for clerks of
209court; amending s. 40.33, F.S.; revising procedures for
210deficiencies in certain funds; creating s. 40.361, F.S.;
211providing for applicability of laws relating to state
212budgeting and finances; amending s. 44.103, F.S.; revising
213provisions for compensating arbitrators; amending s.
21444.108, F.S.; revising provisions for funding of mediation
215and arbitration; amending s. 45.031, F.S.; increasing a
216service charge for certain services in sales by clerks;
217creating s. 50.0711, F.S.; authorizing clerks of circuit
218courts to establish a court docket fund for paying for
219publishing notice of certain filings in certain
220newspapers; providing for funding by an additional service
221charge to certain filing fees; providing fund use
222requirements; providing for designating and funding
223certain newspapers for purposes of such publications;
224providing publication requirements for such newspapers;
225amending ss. 55.10 and 55.141, F.S.; clarifying provisions
226relating to fees and charges for clerks for certain
227services; amending s. 57.085, F.S.; clarifying certain
228provisions relating deferral of prepayment of court costs
229and fees for indigent prisoners; amending s. 61.14, F.S.;
230recharacterizing certain fees as service charges;
231increasing a certain charge; amending s. 61.181, F.S.;
232deleting an obsolete time period reference; amending s.
233125.69, F.S.; deleting a provision authorizing certain
234persons to prosecute special laws and county ordinances;
235requiring counties to pay attorneys appointed by court to
236represent certain indigent defendants; authorizing a
237county to contract with the public defender for
238representation in certain cases; amending s. 129.02, F.S.;
239revising a county fine and forfeiture fund budget
240provision; amending s. 142.01, F.S.; specifying
241constituent funding sources for clerk of circuit court
242fine and forfeiture funds; amending s. 142.03, F.S.;
243revising provisions providing for disposition of fines,
244forfeitures, and civil penalties municipalities; amending
245s. 142.09, F.S.; requiring certain fees of witnesses and
246officers arising from criminal causes to be paid by the
247state; providing an exception; amending s. 218.245, F.S.;
248providing additional distribution requirements for
249revenues attributed to increase in distribution to the
250Revenue Sharing Trust Fund for Municipalities; amending s.
251218.25, F.S.; authorizing local governments to assign,
252pledge, or set aside certain additional funds for certain
253purposes under provisions relating to limitation of shared
254funds; amending s. 318.14, F.S.; providing for deposit of
255certain court costs into a fine and forfeiture fund
256instead of being retained by a county; amending s. 318.15,
257F.S.; recharacterizing and increasing certain fees;
258providing for an alternative distribution certain charges;
259amending s. 318.18, F.S.; clarifying application of
260certain civil penalty deposit provisions; authorizing
261boards of county commissioners to impose by ordinance a
262surcharge for certain infractions or violations for
263payment of certain bond principal and interest payments;
264prohibiting court waiver of the surcharge; providing
265limitations; amending s. 318.21, F.S.; providing for
266deposit of certain funds in the Grants and Donations Trust
267Fund in the Justice Administrative Commission rather than
268such fund in the state courts system; deleting a
269requirement that a certain percentage of certain civil
270penalties be deposited into the General Revenue Fund;
271deleting a provision requiring certain moneys paid
272counties to be used for funding local criminal training
273under certain circumstances; amending s. 318.37, F.S.;
274expanding the uses that may be made of funds for a Civil
275Traffic Infraction Hearing Officer Program; amending s.
276321.05, F.S.; specifying a fine and forfeiture fund
277designation provision; amending s. 322.245, F.S.;
278requiring the Department of Highway Safety and Motor
279Vehicles to suspend the driver license of persons failing
280to pay certain financial obligations for certain criminal
281offenses; providing for reinstatement under certain
282circumstances; providing the department with immunity from
283liability for such license suspensions; amending s.
284327.73, F.S.; increasing a dismissal fee; amending s.
285372.72, F.S.; specifying a fine and forfeiture fund
286designation provision; amending s. 382.023, F.S.;
287specifying the clerk of the circuit court as the entity to
288retain a portion of a certain filing fee; amending ss.
289384.288 and 392.68, F.S.; revising provisions providing
290for compensation of certain personnel for certain services
291and taxation of certain fees and charges as court costs;
292amending s. 394.473, F.S.; providing for compensation of
293attorneys and expert witnesses in cases involving indigent
294persons; amending s. 395.3025, F.S.; clarifying certain
295patient records copying charge provisions; amending s.
296397.334, F.S.; clarifying authority of counties to use
297certain alternative moneys to fund treatment-based drug
298court programs; amending s. 713.24, F.S.; recharacterizing
299a fee as a service charge; amending s. 721.83, F.S.;
300providing additional limitations on complaints in certain
301timeshare estate foreclosure proceedings; providing
302criteria for consolidate timeshare foreclosure actions;
303providing for an additional filing fee for joined
304timeshare estates; amending s. 741.01, F.S.; increasing a
305fee charged for issuance of a marriage license; amending
306s. 744.331, F.S.; requiring the state to pay certain fees
307instead of counties in certain cases involving indigents;
308amending ss. 744.365 and 744.3678, F.S.; providing for
309deferral rather then waiver of certain fees; amending s.
310766.104, F.S.; increasing a filing fee in certain medical
311negligence case proceedings; deleting a requirement that
312the fee be established by the chief judge; amending s.
313903.035, F.S.; removing a county attorney from certain
314notification of bail modification application
315requirements; amending s. 903.26, F.S.; specifying a fine
316and forfeiture fund designation provision; providing for
317application of certain provisions to state attorneys
318instead of county attorneys; amending s. 903.28, F.S.;
319removing a county attorney from certain notification of
320certain remission of forfeiture application requirements;
321amending s. 925.09, F.S.; requiring counties to pay
322reasonable fees to physicians performing autopsies;
323amending s. 938.29, F.S.; deleting a provision authorizing
324county clerks to contract to collect certain debts or
325liens; amending s. 938.35, F.S.; authorizing governing
326bodies of municipalities to pursue collection of fees,
327charges, fines, and costs under certain circumstances;
328authorizing collection fees and attorney fees to be added
329to certain balances owed; creating s. 939.185, F.S.;
330authorizing boards of county commissioners to adopt by
331ordinance additional court costs for certain pleadings and
332findings of guilt; limiting uses; specifying allocations;
333providing priorities of disbursements; deleting an annual
334financial reporting requirement; amending s. 960.001,
335F.S.; clarifying application of certain witness
336notification provisions; amending s. 985.203, F.S.;
337correcting a cross reference; amending s. 149, ch. 2003-
338402, Laws of Florida; providing for repeal of certain
339fees, service charges, and costs imposed by county
340ordinance and special law; providing legislative intent;
341providing a legislative declaration of important state
342interest; providing requirements for remittance of court-
343related assessments retained by clerks of court; requiring
344cash balances on a certain date in county funds
345established for certain court-related program purposes to
346be used for such purposes; providing legislative intent
347relating sharing of due process costs; providing for state
348funding of certain due process services; authorizing
349contractual agreements to share costs associated with
350certain due process services; requiring the Division of
351Statutory Revision to redesignate the title of chapter 40,
352F.S.; requiring counties to pay for certain billings of
353certain due process services and certain flat-fee-per-case
354payments; providing submittal requirements for billings
355for certain services; requiring the Office of the State
356Courts Administrator to annually prepare and disseminate a
357manual of court-related fees, charges, costs, and fines;
358repealing s. 11.75, F.S., relating to the Joint
359Legislative Committee on Article V of the State
360Constitution; repealing s. 40.30, F.S., relating to
361required juror and witness payment requisition
362endorsements by the State Courts Administrator or a
363designee; repealing s. 142.04, F.S., relating to a
364requirement that clerk of court issue certain certificates
365to witnesses; repealing s. 142.05, F.S., relating to a
366prohibition against a clerk of court receiving certain
367fees; repealing s. 142.06, F.S., relating to a prescribed
368payroll form; repealing s. 142.07, F.S., relating to clerk
369of court payroll requirements; repealing s. 142.08, F.S.,
370relating to clerk responsibility for certain certificates;
371repealing s. 142.10, F.S., relating to certain required
372officer accounts; repealing s. 142.11, F.S., relating to
373powers and duties of county commissioners relating to
374accounts; repealing s. 142.12, F.S., relating to audit
375requirements of county commissioners; repealing s. 142.13,
376F.S., relating to a right of an officer to test the
377validity of certain bills or accounts; repealing s.
378938.17, F.S., relating to county delinquency prevention
379provisions; repealing s. 939.18, F.S., relating to court
380assessments of additional court costs for court
381facilities; requiring the Department of Revenue to adopt
382rules; providing requirements; providing appropriations;
383providing an effective date.
384
385Be It Enacted by the Legislature of the State of Florida:
386
387     Section 1.  Subsection (3) of section 25.241, Florida
388Statutes, is amended to read:
389     25.241  Clerk of Supreme Court; compensation; assistants;
390filing fees, etc.--
391     (3)  The Clerk of the Supreme Court is hereby required to
392collect, upon the filing of a certified copy of a notice of
393appeal or petition, $250 for each case docketed, and for
394copying, certifying, or furnishing opinions, records, papers, or
395other instruments, except as otherwise herein provided, the same
396fees that are allowed clerks of the circuit court; however, no
397fee shall be less than $1. The State of Florida or its agencies,
398when appearing as appellant or petitioner, is exempt from the
399filing fees required in this subsection. For each attorney
400appearing pro hac vice before the Supreme Court or a district
401court of appeal, the Supreme Court may impose a fee of up to
402$100 for deposit into the Grants and Donations Trust Fund within
403the state courts.
404     Section 2.  Section 25.383, Florida Statutes, as amended by
405chapter 2003-402, Laws of Florida, is amended to read:
406     25.383  Standards for court reporters; procedures; rules of
407professional conduct, discipline, and training.--The Supreme
408Court shall establish minimum standards and procedures for
409qualifications, certification, discipline, and training for
410court reporters. The Supreme Court shall determine the amount of
411fees to charge applicants for certification and renewal of
412certification. Fees shall be set in an amount necessary to
413recover the full cost of administering the certification
414process. All proceeds from fees collected pursuant to this
415section shall be deposited into the Grants and Donations Trust
416Fund within the state courts. The Supreme Court may appoint or
417employ such personnel as are necessary to assist the court in
418exercising its powers and performing its duties under this
419section.
420     Section 3.  Paragraph (a) of subsection (2) of section
42125.384, Florida Statutes, as amended by chapter 2003-402, Laws
422of Florida, is amended to read:
423     25.384  Court Education Trust Fund.--
424     (2)(a)  The trust fund moneys shall be used to provide
425education and training for judges and other court personnel as
426defined and determined by the Florida Court Educational Council.
427In addition, funds may be used for the development and
428implementation of an educational program for the clerks of court
429as set forth in s. 145.051(2).
430     Section 4.  Section 27.02, Florida Statutes, as amended by
431chapter 2003-402, Laws of Florida, is amended to read:
432     27.02  Duties before court.--
433     (1)  The state attorney shall appear in the circuit and
434county courts within his or her judicial circuit and prosecute
435or defend on behalf of the state all suits, applications, or
436motions, civil or criminal, in which the state is a party,
437except as provided in chapters 39, 984, and 985. The intake
438procedures of chapters 39, 984, and 985 shall apply as provided
439therein. The state attorney shall not appear in the circuit and
440county courts within his or her judicial circuit for the purpose
441of prosecuting violations of special laws and, unless expressly
442authorized, or violations of county or municipal ordinances
443punishable by incarceration if the prosecution is ancillary to a
444state prosecution or if the state attorney has contracted with
445the county or municipality for reimbursement for services
446rendered in accordance with s. 27.34(1), unless ancillary to a
447state prosecution and authorized by the prosecuting attorney of
448the county.
449     (2)  The state attorney, when complying with the discovery
450obligation shall provide to the defendant all discovery
451materials required pursuant to the applicable rule of procedure,
452and may charge the defendant fees as provided for in s.
453119.07(1)(a), not to exceed 15 cents per page for a copy of a
454noncertified copy of a public record. However, these fees may be
455deferred if the defendant has been determined to be indigent as
456provided in s. 27.52.
457     Section 5.  Section 27.34, Florida Statutes, as amended by
458chapter 2003-402, Laws of Florida, is amended to read:
459     27.34  Limitations on payment of salaries and other related
460costs of state attorneys' offices other than by the state.--
461     (1)  A county or municipality may not contract with, or
462appropriate or contribute funds to the operation of, the various
463state attorneys for the prosecution of violations of special
464laws, unless expressly authorized, or ordinances of the county
465or municipality, unless ancillary to a state prosecution. A
466state attorney prosecuting violations of special laws or county
467or municipal ordinances punishable by incarceration and not
468ancillary to a state charge shall contract with counties and
469municipalities to recover the full cost of services rendered on
470an hourly basis or reimburse the state for the full cost of
471assigning one or more full-time equivalent attorney positions to
472work on behalf of the county or municipality. In the case of a
473county with a population of less than 50,000, the state attorney
474shall contract for full reimbursement, or for reimbursement as
475the parties otherwise agree.
476     (a)  A contract for reimbursement on an hourly basis shall
477require counties and municipalities to reimburse the state
478attorney for services rendered at a rate of $50 per hour. If an
479hourly rate is specified in the General Appropriations Act, that
480rate shall control.
481     (b)  A contract for assigning one or more full-time
482equivalent attorney positions to perform work on behalf of a
483county or municipality shall assign one or more full-time
484equivalent positions based on estimates by the state attorney of
485the number of hours required to handle the projected workload.
486The full cost of each full-time equivalent attorney position on
487an annual basis shall be $50, or the amount specified in the
488General Appropriations Act, multiplied by the legislative budget
489request standard for available work hours for one full-time
490equivalent attorney position, or, in the absence of that
491standard, 1,854 hours. The contract may provide for funding
492full-time equivalent positions in one-quarter increments.
493     (c)  Persons employed by the county or municipality may be
494provided to the state attorney to serve as special investigators
495pursuant to the provisions of s. 27.251. Any payments received
496pursuant to this subsection shall be deposited into the Grants
497and Donations Trust Fund within the Justice Administrative
498Commission for appropriation by the Legislature.
499     (2)  A It is hereby prohibited for any state attorney or
500assistant state attorney may not to receive from any county or
501municipality any supplemental salary, except as provided in this
502section.
503     (3)  Notwithstanding s. 27.25, the Chief Financial Officer
504may contract with the state attorney of any judicial circuit of
505the state for the prosecution of criminal violations of the
506Workers' Compensation Law and related crimes if the Chief
507Financial Officer contributes funds for such purposes. Such
508contracts may provide for the training, salary, and expenses of
509one or more assistant state attorneys used in the prosecution of
510such crimes. If the Chief Financial Officer contributes funds to
511the state attorney to prosecute these violations and the accused
512person is indigent and represented by the public defender, the
513Chief Financial Officer shall also contract with the public
514defender to provide representation to the person accused of
515these crimes. The contract may provide for the training, salary,
516and expenses of one or more assistant public defenders used in
517the defense of these crimes.
518     (4)  Unless expressly authorized by law or in the General
519Appropriations Act, state attorneys are prohibited from spending
520state-appropriated funds on county funding obligations under s.
52114, Art. V of the State Constitution beginning January 1, 2005.
522This includes expenditures on communications services and
523facilities as defined in s. 29.008. This does not prohibit a
524state attorney from spending funds for these purposes in
525exceptional circumstances when necessary to maintain operational
526continuity in the form of a short-term advance pending
527reimbursement by the county. If a state attorney provides short-
528term advance funding for a county responsibility as authorized
529by this subsection, the state attorney shall request full
530reimbursement from the board of county commissioners prior to
531making the expenditure or at the next meeting of the board of
532county commissioners after the expenditure is made. The total of
533all short-term advances authorized by this subsection shall not
534exceed 2 percent of the state attorney's approved operating
535budget in any given year. No short-term advances authorized by
536this subsection shall be permitted until all reimbursements
537arising from advance funding in the prior state fiscal year have
538been received by the state attorney. All reimbursement payments
539received by the state attorney pursuant to this subsection shall
540be deposited into the General Revenue Fund.
541     Section 6.  Subsection (2), paragraph (d) of subsection
542(3), subsection (5), paragraph (a) of subsection (7), and
543subsection (8) of section 27.40, Florida Statutes, as created by
544chapter 2003-402, Laws of Florida, are amended to read:
545     27.40  Court-appointed counsel; circuit registries; minimum
546requirements; appointment by court.--
547     (2)  No later than October 1, 2005, private counsel
548appointed by the court to provide representation shall be
549selected from a registry established by the circuit Article V
550indigent services committee or procured through a competitive
551bidding process.
552     (3)  In utilizing a registry:
553     (d)  Quarterly, beginning no later than October 1, 2005
554July 1, 2004, each circuit Article V indigent services committee
555shall provide the Chief Justice of the Supreme Court, the chief
556judge, the state attorney and public defender in each judicial
557circuit, and the clerk of court in each county with a current
558copy of each registry.
559     (5)  The Justice Administrative Commission shall approve
560uniform contract forms for use in procuring the services of
561private court-appointed counsel based on the recommendations of
562the Article V Indigent Services Advisory Board.
563     (7)(a)  An attorney appointed to represent a defendant or
564other client is entitled to payment of attorney's fees and
565expenses pursuant to s. 27.5304, only upon full performance by
566the attorney of specified duties, approval of payment by the
567court, and attorney submission of a payment request to the
568Justice Administrative Commission. If an attorney is permitted
569to withdraw or is otherwise removed from representation prior to
570full performance of the duties specified in this section for
571reasons other than breach of duty, the trial court shall approve
572payment of attorney's fees and costs for work performed in an
573amount not to exceed the amounts specified in s. 27.5304.
574     (8)  Subject to the attorney-client privilege and the,
575work-product privilege, an attorney who withdraws or is removed
576from representation shall deliver all files, notes, documents,
577and research to the successor attorney within 15 days after
578receiving notice from the successor attorney. The successor
579attorney shall bear the cost of transmitting all files, notes,
580documents, and research.
581     Section 7.  Paragraph (b) of subsection (1), paragraphs (b)
582and (c) of subsection (2), and subsections (3) and (4) of
583section 27.42, Florida Statutes, as created by chapter 2003-402,
584Laws of Florida, are amended to read:
585     27.42  Circuit Article V indigent services committees;
586composition; staff; responsibilities; funding.--
587     (1)  In each judicial circuit a circuit Article V indigent
588services committee shall be established. The committee shall
589consist of the following:
590     (b)  The public defender of the judicial circuit, or
591designee from within the office of the public defender.
592     (2)
593     (b)  No later than October 1, 2005, each The circuit
594Article V indigent services committee shall maintain a registry
595pursuant to s. 27.40, even when unless procuring counsel through
596a competitive bidding process. However, if counsel is procured
597through a competitive bidding process, the registry shall be
598used only when counsel obtained through that process is unable
599to provide representation due to a conflict of interest or
600reasons beyond their control. The committee shall apply any the
601eligibility and performance standards set by the Legislature, if
602any, after receiving recommendations from the Article V Indigent
603Services Advisory Board, for the appropriate category of case.
604     (c)  Each The circuit Article V indigent services committee
605shall develop a schedule of standard fees and expense allowances
606for the various categories of cases specified in s. 27.5303,
607consistent with the overall compensation rates in that section
608and within the amount of appropriated funds allocated by the
609Justice Administrative Commission to the circuit for this
610purpose standards adopted by the Legislature, if any, after
611receiving recommendations from the Article V Indigent Services
612Advisory Board.
613     (3)  The Justice Administrative Commission shall prepare
614and issue on a quarterly basis a statewide report comparing
615actual year-to-date expenditures to budgeted amounts for the
616circuit Article V indigent services committees in each of the
617judicial circuits. Copies of these quarterly reports shall be
618distributed to each circuit Article V indigent services
619committee and to the Governor, the Chief Justice of the Supreme
620Court, the President of the Senate, and the Speaker of the House
621of Representatives.
622     (4)(a)  The Justice Administrative Commission shall provide
623staff support for circuit Article V indigent services committees
624from appropriated funds. The funding and positions for the
625processing of committees' fees and expenses shall be as
626appropriated to the Justice Administrative Commission in the
627General Appropriations Act.
628     (b)  Funds for criminal conflict attorney's case fees and
629expenses shall be appropriated by the Legislature in a separate
630appropriations category within the Justice Administrative
631Commission. These funds shall be allocated to each circuit as
632prescribed in the General Appropriations Act.
633     (c)  Separate funds for attorneys' fees and expenses in
634conflict cases under chapter 394 shall be appropriated by the
635Legislature in a separate appropriations category within the
636Justice Administrative Commission.
637     (c)(d)  The Legislature shall appropriate separate Funds
638for attorney's attorneys' fees and expenses for in child
639dependency and civil conflict cases shall be appropriated by the
640Legislature and other court-appointed counsel cases in a
641separate appropriations category within the Justice
642Administrative Commission.
643     (d)  Any funds the Legislature appropriates for other
644court-appointed counsel cases as appropriated within the Justice
645Administrative Commission.
646
647The Justice Administrative Commission shall separately track
648expenditures on private court-appointed counsel for the
649following categories of cases: criminal conflict, civil
650conflict, dependency and termination of parental rights, and
651guardianship.
652     Section 8.  Subsections (1)  and (4) of section 27.51,
653Florida Statutes, as amended by chapter 2003-402, Laws of
654Florida, are amended to read:
655     27.51  Duties of public defender.--
656     (1)  The public defender shall represent, without
657additional compensation, any person who is determined to be
658indigent under as provided in s. 27.52 and who is:
659     (a)  Under arrest for, or is charged with, a felony;
660     (b)  Under arrest for, or is charged with:,
661     1.  A misdemeanor authorized for prosecution by the state
662attorney;,
663     2.  A violation of chapter 316 which is punishable by
664imprisonment;, or
665     3.  Criminal contempt; or,
666     4.  A violation of a special law or county or municipal
667ordinance ancillary to a state charge, or if not ancillary to a
668state charge, only if the public defender contracts with the
669county or municipality to provide representation pursuant to ss.
67027.54 and 125.69.
671
672The public defender shall not provide representation pursuant to
673paragraph (b) if unless the court, prior to trial, files in the
674cause an order of no imprisonment as provide in s. 27.512 which
675states that the defendant will not be imprisoned if he or she is
676convicted;
677     (c)  Alleged to be a delinquent child pursuant to a
678petition filed before a circuit court;
679     (d)  Sought by petition filed in such court to be
680involuntarily placed as a mentally ill person under part I of
681chapter 394, involuntarily committed as a or sexually violent
682predator under part V of chapter 394, or involuntarily admitted
683to residential services as a person with developmental
684disabilities under chapter 393. However, A public defender shall
685not does not have the authority to represent any person who is a
686plaintiff in a civil action brought under the Florida Rules of
687Civil Procedure, the Federal Rules of Civil Procedure, or the
688federal statutes, or represent who is a petitioner in a rule
689challenge an administrative proceeding challenging a rule under
690chapter 120, unless specifically authorized by statute; or
691     (e)  Convicted and sentenced to death, for purposes of
692handling prosecuting an appeal to the Supreme Court; or.
693     (f)  Is appealing a matter in a case arising under
694paragraphs (a)-(d).
695     (4)  The public defender for the a judicial circuit
696specified enumerated in this subsection shall, after the record
697on appeal is transmitted to the appellate court by the office of
698the public defender which handled the trial and if requested by
699any public defender within the indicated appellate district,
700handle all circuit court felony appeals within the state courts
701system and any authorized appeals to the state and federal
702courts required of the official making such request:
703     (a)  Public defender of the second judicial circuit, on
704behalf of any public defender within the district comprising the
705First District Court of Appeal.
706     (b)  Public defender of the tenth judicial circuit, on
707behalf of any public defender within the district comprising the
708Second District Court of Appeal.
709     (c)  Public defender of the eleventh judicial circuit, on
710behalf of any public defender within the district comprising the
711Third District Court of Appeal.
712     (d)  Public defender of the fifteenth judicial circuit, on
713behalf of any public defender within the district comprising the
714Fourth District Court of Appeal.
715     (e)  Public defender of the seventh judicial circuit, on
716behalf of any public defender within the district comprising the
717Fifth District Court of Appeal.
718     Section 9.  Section 27.52, Florida Statutes, as amended by
719chapter 2003-402, Laws of Florida, is amended to read:
720     27.52  Determination of indigent status indigence.--
721     (1)  The clerk of the circuit court shall determine if a
722the indigence of each person applying for appointment of a
723public defender or private attorney or any other due process
724court-related services is indigent based on indigence. The clerk
725may contract with third parties to perform this function. This
726determination may be made at any stage of the proceedings.
727Before appointing the public defender or a private attorney, or
728providing any other court-related service based on indigent
729status indigence, the court shall receive the determination of
730indigent status indigence from the clerk. If the clerk has not
731made this determination at the time a person requests
732appointment of a public defender or private attorney or
733provision of any other due process court-related services, the
734court shall make a preliminary determination of indigent status
735indigence, pending further review verification by the clerk, and
736may appoint counsel or authorize the provision of any other due
737process services on an interim basis. The applicant may seek
738review of the clerk's determination denying indigent status
739indigence in the court having jurisdiction over the matter at
740the next scheduled hearing. If the applicant seeks review of the
741clerk's determination, the court shall make a final
742determination.
743     (2)(a)  Any person applying for appointment of a public
744defender or private attorney or any other due process court-
745related services based on indigent status indigence shall pay a
746$40 application fee to the clerk of court for each affidavit
747filed, regardless of the number of required due process services
748requested in a case and submit a completed affidavit containing
749the financial information required under paragraph (f). The
750application fee shall be paid at the time the financial
751affidavit is filed or within 7 days thereafter. If, in a
752criminal proceeding, the application fee is not paid prior to
753the disposition of the case, the clerk shall advise the
754sentencing judge of this fact and the court shall:
755     1.  Assess the application fee as part of the sentence or
756as a condition of probation; or
757     2.  Assess the application fee pursuant to s. 938.29.
758     (b)  The applicant shall submit, except in the case of
759incapacity communicated through the public defender, a completed
760affidavit containing the following financial information:
761     1.  Net income, consisting of total salary and wages, minus
762deductions required by law, including court-ordered support
763payments.
764     2.  Other income, including, but not limited to, social
765security benefits, union funds, veterans' benefits, workers'
766compensation, other regular support from absent family members,
767public or private employee pensions, unemployment compensation,
768dividends, interest, rent, trusts, and gifts.
769     3.  Assets, including, but not limited to, cash, savings
770accounts, bank accounts, stocks, bonds, certificates of deposit,
771equity in real estate, and equity in a boat or a motor vehicle
772or in other tangible property.
773     (3)  After reviewing the affidavit and questioning the
774applicant, the clerk shall make one of the following
775determinations:
776     (a)  The applicant is indigent; or
777     (b)  The applicant is not indigent.
778     (4)(a)  An applicant, including an applicant who is a minor
779or an adult tax-dependent person, is indigent if:
780     1.  The income of the person is equal to or below 200
781percent of the then-current federal poverty guidelines
782prescribed for the size of the household of the applicant by the
783United States Department of Health and Human Services or if the
784person is receiving Temporary Assistance for Needy Families-Cash
785Assistance, poverty-related veterans' benefits, or Supplemental
786Security Income (SSI); or
787     2.  The person is unable to pay for the services of an
788attorney without substantial hardship to his or her family.
789     (b)  In determining whether an applicant is indigent, the
790clerk shall determine whether any of the following facts exist,
791and the existence of any such fact creates a presumption that
792the applicant is not indigent:
793     1.  The person has been released on bail in the amount of
794$5,000 or more;
795     2.  The person owns, or has equity in, any intangible or
796tangible personal property or real property or the expectancy of
797an interest in any such property; or
798     3.  The person retained private counsel immediately before
799or after filing the affidavit asserting indigent status pursuant
800to subsection (2).
801
802If the clerk finds discrepancies between the financial affidavit
803and the investigation of assets, the clerk shall submit the
804information to the court and the court shall determine whether
805the public defender or private attorney shall continue
806representation, or whether the authorization for any other due
807process services previously authorized shall be revoked. The
808person may be heard regarding the information discovered by the
809clerk. If the court, based on the information provided,
810determines that the person is not indigent, the court shall
811order the public defender or private attorney to discontinue
812representation and revoke the provision of any other authorized
813due process services. Notwithstanding any provision of law,
814court rule, or administrative order to the contrary, the clerk
815of the court shall assign the first $40 of any fees or costs
816paid by an indigent person as payment of the application fee. In
817no event should a person found to be indigent be refused counsel
818or other required due process services for failure to pay the
819fee.
820     (b)  The person shall pay the application fee at the time
821the financial affidavit is filed or within 7 days thereafter. If
822not paid within 7 days, the applicant shall be enrolled by the
823clerk in a payment program to recover unpaid fees, in full, with
824periodic payment amounts corresponding to the applicant's
825ability to pay.
826     (c)  A defendant found to be indigent may not be refused
827counsel or any other court-related services based on indigence
828for failure to pay the application fee. The defendant shall pay
829a separate application fee for each affidavit filed.
830     (d)  If the court finds that the accused person applying
831for representation appears to be indigent based upon the
832financial affidavit required under paragraph (f), the court
833shall appoint the public defender or a private attorney to
834provide representation. If the application fee is not paid prior
835to the disposition of the case, the clerk shall advise the
836sentencing judge of this fact and the court shall:
837     1.  Assess the application fee as part of the sentence or
838as a condition of probation; or
839     2.  Assess the application fee pursuant to s. 938.29.
840
841If the clerk finds discrepancies between the financial affidavit
842and his or her investigation of assets, the clerk shall submit
843the information to the court and the court shall determine
844whether the public defender or private attorney shall continue
845representation defendant may be heard regarding the information
846discovered by the clerk. If the court, based on the information
847provided, determines that the defendant is not indigent, the
848court shall order the public defender or private attorney to
849discontinue representation. Notwithstanding any provision of law
850or local order to the contrary, the clerk of the court shall
851assign the first $40 of any fees or costs paid by an indigent
852defendant as payment of the application fee. In no event should
853a person found to be indigent be refused counsel for failure to
854pay the fee.
855     (5)(e)  All application fees shall be transferred monthly
856by the clerk of the court to the Department of Revenue for
857deposit to the Indigent Criminal Defense Trust Fund,
858administered by the Justice Administrative Commission, to be
859used to supplement the general revenue funds appropriated by the
860Legislature to the public defenders. The clerk of the court may
861retain 2 percent of application fees collected monthly for
862administrative costs prior to remitting the remainder to the
863Department of Revenue.
864     (f)  The affidavit must contain the following financial
865information and calculations as to the applicant's income:
866     1.  Net income.--Total salary and wages, minus deductions
867required by law, including court-ordered support payments.
868     2.  Other income.--Including, but not limited to, social
869security benefits, union funds, veterans' benefits, workers'
870compensation, other regular support from absent family members,
871public or private employee pensions, unemployment compensation,
872dividends, interest, rent, trusts, and gifts.
873     3.  Assets.--Including, but not limited to, cash, savings
874accounts, bank accounts, stocks, bonds, certificates of deposit,
875equity in real estate, and equity in a boat or a motor vehicle
876or in other tangible property.
877     (g)  The income of an applicant who is a minor or an adult
878tax-dependent person who is substantially supported by a parent
879or parents or by a guardian, or who continues to be claimed as a
880dependent for tax purposes, shall include the income of that
881dependent person's parent or parents or guardian, except a
882parent or guardian who has an adverse interest in the
883proceeding.
884     (h)  In addition to the financial information, the
885affidavit must contain the following statement: "I, ...   (name
886of applicant)  ..., agree to report any change in my financial
887situation to the court."
888     (3)(a)  After reviewing the affidavit and questioning the
889applicant, the clerk shall make one of the following
890determinations:
891     1.  The applicant is indigent.
892     2.  The applicant is not indigent.
893     (b)  An applicant, including an applicant who is a minor or
894an adult tax-dependent person, is indigent if:
895     1.  The income of the person is equal to or below 200
896percent of the then-current federal poverty guidelines
897prescribed for the size of the household of the applicant by the
898United States Department of Health and Human Services or if the
899person is receiving Temporary Assistance for Needy Families-Cash
900Assistance, poverty-related veterans' benefits, or Supplemental
901Security Income (SSI); or
902     2.  The person is unable to pay for the services of an
903attorney without substantial hardship to his or her family.
904     (c)  In determining whether an applicant is indigent, the
905clerk shall determine whether any of the following facts exist,
906and the existence of any such fact creates a presumption that
907the applicant is not indigent:
908     1.  The defendant has been released on bail in the amount
909of $5,000 or more.
910     2.  The defendant owns, or has equity in, any intangible or
911tangible personal property or real property or the expectancy of
912an interest in any such property.
913     3.  The defendant retained private counsel immediately
914before or after filing the affidavit asserting indigence
915pursuant to subsection (2).
916     (6)(d)  A nonindigent parent or legal guardian of an
917applicant who is a minor or an adult tax-dependent person shall
918furnish the minor or adult tax-dependent person with the
919necessary legal services and costs incident to a delinquency
920proceeding or, upon transfer of such person for criminal
921prosecution as an adult pursuant to chapter 985, a criminal
922prosecution, in which the person has a right to legal counsel
923under the Constitution of the United States or the Constitution
924of the State of Florida. The failure of a parent or legal
925guardian to furnish legal services and costs under this section
926does not bar the appointment of legal counsel pursuant to s.
92727.40 or s. 27.5303. When the public defender, a special
928assistant public defender appointed pursuant to s. 27.53(2), or
929a private attorney is appointed to represent a minor or an adult
930tax-dependent person in any proceeding in circuit court or in a
931criminal proceeding in any other court, the parents or the legal
932guardian shall be liable for payment of the fees, charges, and
933costs of the representation even if the person is a minor being
934tried as an adult. Liability for the fees, charges, and costs of
935the representation shall be imposed in the form of a lien
936against the property of the nonindigent parents or legal
937guardian of the minor or adult tax-dependent person. The lien
938shall be enforceable as provided in s. 27.561 or s. 938.29.
939     (7)(4)  If the trial court determines that any applicant,
940through fraud or misrepresentation, was erroneously or
941improperly determined to be indigent, the state attorney shall,
942in the name of the state, proceed against the applicant for the
943reasonable value of the services rendered, including all fees,
944charges, and costs paid by the state in his or her behalf.
945Twenty-five percent of any amount recovered by the state
946attorney shall be deposited into the Grants and Donations Trust
947Fund for appropriation by the Legislature. Seventy-five percent
948of any amount recovered shall be remitted to the Department of
949Revenue for deposit into the General Revenue Fund.
950     (5)  An individual determined to be indigent and seeking to
951defer payment of fees, charges, or costs imposed by operation of
952law or order of the court under this section or any other
953provision of general law imposing fees, charges, or costs, shall
954be enrolled by the clerk in a payment program to recover unpaid
955costs in full, with periodic payment amounts corresponding to
956the individual's ability to pay.
957     Section 10.  Paragraph (d) of subsection (1) and subsection
958(3) of section 27.5303, Florida Statutes, as created by chapter
9592003-402, Laws of Florida, are amended to read:
960     27.5303  Public defenders; conflict of interest.--
961     (1)
962     (d)  In determining whether or not there is a conflict of
963interest, the public defender and the court shall apply the
964standards adopted by the Legislature after receiving
965recommendations from the Article V Indigent Services Advisory
966Board.
967     (3)  Private court-appointed counsel shall be compensated
968as provided in s. 27.5304 in accordance with compensation
969standards adopted by the Legislature after receiving
970recommendations from the Article V Indigent Services Advisory
971Board.
972     Section 11.  Subsections (1), (2), (4), (5), and (6) of
973section 27.5304, Florida Statutes, as created by chapter 2003-
974402, Laws of Florida, are amended to read:
975     27.5304  Private court-appointed counsel; compensation.--
976     (1)  Private court-appointed counsel shall be compensated
977by the Justice Administrative Commission in an amount accordance
978with standards adopted by the Legislature after receiving
979recommendations from the Article V Indigent Services Advisory
980Board. However, compensation shall not to exceed the maximum fee
981limits established in by this section. The attorney also shall
982be reimbursed for reasonable and necessary expenses in
983accordance with s. 29.007. If the attorney is representing a
984defendant charged with more than one offense in the same case,
985the attorney shall be compensated at the rate provided for the
986most serious offense for which he or she represented the
987defendant. This section does not allow stacking of the fee
988limits established by this section.
989     (2)  Prior to filing a motion for an order approving
990payment of attorney's fees, costs, or related expenses, the
991private court-appointed counsel shall deliver a copy of the
992intended billing, together with supporting affidavits and all
993other necessary documentation, to the Justice Administrative
994Commission. The Justice Administrative Commission shall review
995the billings, affidavit, and documentation for completeness and
996compliance with contractual and statutory requirements. If the
997Justice Administrative Commission objects to any portion of the
998proposed billing, the objection and reasons therefor shall be
999communicated to the private court-appointed counsel. The private
1000court-appointed counsel may thereafter file his or her motion
1001for order approving payment of attorney's fees, costs, or
1002related expenses together with supporting affidavits and all
1003other necessary documentation. The motion must specify whether
1004the Justice Administrative Commission objects to any portion of
1005the billing or the sufficiency of documentation and, if so, the
1006reasons therefor. A copy of the motion and attachments shall be
1007served on the Justice Administrative Commission. The Justice
1008Administrative Commission shall have standing to appear before
1009the court to contest any motion for order approving payment of
1010attorney's fees, costs, or related expenses. The Justice
1011Administrative Commission may contract with other public or
1012private entities or individuals to appear before the court for
1013the purpose of contesting any motion for order approving payment
1014of attorney's fees, costs, or related expenses. The fact that
1015the Justice Administrative Commission has not objected to any
1016portion of the billing or to the sufficiency of the
1017documentation is not binding on the court. The court retains
1018primary authority and responsibility for determining the
1019reasonableness of all billings for attorney's fees, costs, and
1020related expenses, subject to statutory limitations.
1021     (4)  By January 1 of each year, 2004, the Article V
1022Indigent Services Advisory Board shall recommend to the
1023Legislature any adjustments to the existing compensation
1024provisions of this section schedules for criminal proceedings
1025and any proposed compensation standards for private attorneys
1026providing representation in civil proceedings in which private
1027court-appointed counsel is required.
1028     (5)(a)  If counsel is entitled to receive compensation for
1029representation pursuant to court appointment in a termination of
1030parental rights proceeding under chapter 39 s. 39.0134, such
1031compensation shall not exceed $1,000 at the trial level and
1032$2,500 at the appellate level.
1033     (b)  Counsel entitled to receive compensation for
1034representation pursuant to court appointment in a proceeding
1035under chapter 384 or chapter 392 shall receive reasonable
1036compensation as fixed by the court making the appointment.
1037     (6)  A private attorney appointed in lieu of the public
1038defender to represent an indigent defendant may not reassign or
1039subcontract the case to another attorney or allow another
1040attorney to appear at a critical stage of a case who is does not
1041on the registry developed pursuant to s. 27.40 meet standards
1042adopted by the Legislature after any recommendations from the
1043Article V Indigent Services Advisory Board.
1044     Section 12.  Subsection (2) of section 27.54, Florida
1045Statutes, as amended by chapter 2003-402, Laws of Florida, is
1046amended, and subsection (4) is added to said section, to read:
1047     27.54  Limitation on payment of expenditures for public
1048defender's office other than by the state.--
1049     (2)  A county or municipality may not contract with, or
1050appropriate or contribute funds to, the operation of the offices
1051of the various public defenders for the purpose of defending
1052indigents charged with violations of special laws, unless
1053expressly authorized, or with violations of ordinances of the
1054county or municipality, unless ancillary to a state prosecution.
1055A public defender defending violations of special laws or county
1056or municipal ordinances punishable by incarceration and not
1057ancillary to a state charge shall contract with counties and
1058municipalities to recover the full cost of services rendered on
1059an hourly basis or reimburse the state for the full cost of
1060assigning one or more full-time equivalent attorney positions to
1061work on behalf of the county or municipality. In the case of a
1062county with a population of less than 50,000, the public
1063defender shall contract for full reimbursement, or for
1064reimbursement as the parties otherwise agree.
1065     (a)  A contract for reimbursement on an hourly basis shall
1066require a county or municipality to reimburse the public
1067defender for services rendered at a rate of $50 per hour. If an
1068hourly rate is specified in the General Appropriations Act, that
1069rate shall control.
1070     (b)  A contract for assigning one or more full-time
1071equivalent attorney positions to perform work on behalf of the
1072county or municipality shall assign one or more full-time
1073equivalent positions based on estimates by the public defender
1074of the number of hours required to handle the projected
1075workload. The full cost of each full-time equivalent attorney
1076position on an annual basis shall be $50, or the amount
1077specified in the General Appropriations Act, multiplied by the
1078legislative budget request standard for available work hours for
1079one full-time equivalent attorney position, or, in the absence
1080of that standard, 1,854 hours. The contract may provide for
1081funding full-time equivalent positions in one-quarter
1082increments.
1083     (c)  Any payments received pursuant to this subsection
1084shall deposited into the Grants and Donations Trust Fund within
1085the Justice Administrative Commission for appropriation by the
1086Legislature.
1087     (4)  Unless expressly authorized by law or in the General
1088Appropriations Act, public defenders are prohibited from
1089spending state-appropriated funds on county funding obligations
1090under s. 14, Art. V of the State Constitution beginning January
10911, 2005. This includes expenditures on communications services
1092and facilities as defined in s. 29.008. This does not prohibit a
1093public defender from spending funds for these purposes in
1094exceptional circumstances when necessary to maintain operational
1095continuity in the form of a short-term advance pending
1096reimbursement from the county. If a public defender provides
1097short-term advance funding for a county responsibility as
1098authorized by this subsection, the public defender shall request
1099full reimbursement from the board of county commissioners prior
1100to making the expenditure or at the next meeting of the board of
1101county commissioners after the expenditure is made. The total of
1102all short-term advances authorized by this subsection shall not
1103exceed 2 percent of the public defender's approved operating
1104budget in any given year. No short-term advances authorized by
1105this subsection shall be permitted until all reimbursements
1106arising from advance funding in the prior state fiscal year have
1107been received by the public defender. All reimbursement payments
1108received by the public defender shall be deposited into the
1109General Revenue Fund.
1110     Section 13.  Section 27.562, Florida Statutes, as amended
1111by chapter 2003-402, Laws of Florida, is amended to read:
1112     27.562  Disposition of funds.--The first $40 of all funds
1113collected pursuant to s. 938.29 shall be deposited into the
1114Indigent Criminal Defense Trust Fund pursuant to s. 27.525. The
1115remaining funds collected pursuant to s. 938.29 shall be
1116distributed as follows:
1117     (1)  Twenty-five percent shall be remitted to the Justice
1118Administrative Commission for deposit into the Indigent Criminal
1119Defense Trust Fund.
1120     (2)  Seventy-five percent shall be remitted to the
1121Department of Revenue for deposit into the General Revenue Fund.
1122
1123The Justice Administrative Commission shall account for these
1124funds by circuit, and appropriations from the fund shall be
1125proportional to each circuit's collections. All funds collected
1126pursuant to s. 938.29, except the application fee imposed under
1127s. 27.52, shall be remitted to the Department of Revenue for
1128deposit into the General Revenue Fund. All judgments entered
1129pursuant to this part shall be in the name of the state.
1130     Section 14.  Paragraph (c) of subsection (1) of section
113128.101, Florida Statutes, is amended to read:
1132     28.101  Petitions and records of dissolution of marriage;
1133additional charges.--
1134     (1)  When a party petitions for a dissolution of marriage,
1135in addition to the filing charges in s. 28.241, the clerk shall
1136collect and receive:
1137     (c)  A charge of $55 $18. On a monthly basis, the clerk
1138shall transfer the moneys collected pursuant to this paragraph
1139to the Department of Revenue for deposit in the Domestic
1140Violence Trust Fund. Such funds which are generated shall be
1141directed to the Department of Children and Family Services for
1142the specific purpose of funding domestic violence centers.
1143     Section 15.  The introductory paragraph and subsection (26)
1144of section 28.24, Florida Statutes, as amended by chapter 2003-
1145402, Laws of Florida, are amended to read:
1146     28.24  Service charges by clerk of the circuit court.--The
1147clerk of the circuit court may charge for services rendered by
1148the clerk's office in recording documents and instruments and in
1149performing the duties enumerated in amounts not to exceed those
1150specified in this section. Notwithstanding any other provision
1151of this section, the clerk of the circuit court shall provide
1152without charge to the state attorney, public defender, and
1153guardian ad litem, and to the authorized staff acting on behalf
1154of each, any justice or judge, to any court staff acting on
1155behalf of any justice or judge, and to any state attorney or
1156public defender access to and a copy copies of any public
1157record, if the requesting party is entitled by law to view the
1158exempt or confidential record records, notwithstanding the
1159exempt or confidential nature of such public records, as
1160maintained by and in the custody of the clerk of the circuit
1161court as provided in general law and the Florida Rules of
1162Judicial Administration. The clerk of the circuit court may
1163provide the requested public record in an electronic format in
1164lieu of a paper format when capable of being accessed by the
1165requesting entity.
1166     Charges
1167     (26)(a)  For receiving and disbursing all restitution
1168payments, per payment.......................................3.00
1169     (b)  For receiving and disbursing all partial payments,
1170other than restitution payments, for which an administrative
1171processing service charge is not imposed pursuant to s. 28.246,
1172per month ..................................................5.00
1173     (c)  For setting up a payment plan, a one-time
1174administrative processing charge in lieu of a per month charge
1175under paragraph (b)........................................25.00
1176     Section 16.  Subsection (3) of section 28.2401, Florida
1177Statutes, as amended by chapter 2003-402, Laws of Florida, is
1178amended to read:
1179     28.2401  Service charges in probate matters.--
1180     (3)  An additional service charge of $4 $2.50 on petitions
1181seeking summary administration, formal administration, ancillary
1182administration, guardianship, curatorship, and conservatorship
1183shall be paid to the clerk. The clerk shall transfer $3.50 the
1184$2.50 to the Department of Revenue for deposit into the Court
1185Education Trust Fund and shall transfer 50 cents to the Clerk of
1186Court Operations Conference to fund clerk education. No
1187additional fees, charges, or costs shall be added to the service
1188charges imposed under this section, except as authorized by
1189general law.
1190     Section 17.  Section 28.2402, Florida Statutes, as created
1191by chapter 2003-402, Laws of Florida, is amended to read:
1192     28.2402  Cost recovery; use of the circuit court for
1193ordinance or special law violations Additional costs for
1194performance of clerk court-related functions.--
1195     (1)(a)  In lieu of payment of a filing fee under s. 28.241,
1196a filing fee of $10 The sum of $200 shall be paid by assessed to
1197a county or municipality when filing a county or municipal code
1198or ordinance violation or violation of a special law in circuit
1199court. This The $200 fee shall be paid to the clerk of the
1200circuit and county court for performing court-related functions.
1201     (b)  No other filing fee may be assessed for filing the
1202violation in circuit court. If a person contests the violation
1203in court, the court shall assess $40 in costs against the
1204nonprevailing party. The county or municipality shall be
1205considered the prevailing party when there is a finding of
1206violation to any count or lesser included offense of the charge.
1207Costs recovered pursuant to this paragraph shall be deposited
1208into the clerk's fine and forfeiture fund established pursuant
1209to s. 142.01.
1210     (2)  To offset costs incurred by the clerks of the court in
1211performing court-related functions associated with the
1212processing of violations of special laws and county and
1213municipal ordinances, 30 percent of the total amount of fines
1214paid to each county and municipality for special law or
1215ordinance violations filed in circuit court shall be directed to
1216the clerk of the court for deposit into the clerk's fine and
1217forfeiture fund established pursuant to s. 142.01, except for
1218fines a portion of which the clerk of the court retains pursuant
1219to any other provision of state law.
1220     Section 18.  Subsections (1) and (2) of section 28.241,
1221Florida Statutes, as amended by chapter 2003-402, Laws of
1222Florida, are amended, and subsections (5) and (6) are added to
1223said section, to read:
1224     28.241  Filing fees for trial and appellate proceedings.--
1225     (1)(a)  The party instituting any civil action, suit, or
1226proceeding in the circuit court shall pay to the clerk of that
1227court a filing fee of up to $250 in all cases in which there are
1228not more than five defendants and an additional filing fee of up
1229to $2 for each defendant in excess of five. Of the first $55
1230$57.50 in filing fees, $50 must be remitted by the clerk to the
1231Department of Revenue for deposit into the General Revenue
1232Fund,; and $5 must be remitted to the Department of Revenue for
1233deposit into the Administrative Trust Fund in the Department of
1234Financial Services to fund the contract with the Florida Clerks
1235Clerk of Court Operations Corporation created in s. 28.35
1236Operations Conference; and $2.50 shall be paid to the clerk for
1237each civil action brought in circuit or county court, to be
1238remitted by the clerk to the Department of Revenue for deposit
1239into the Court Education Trust Fund. One-third of any filing
1240fees collected by the clerk of the circuit court in excess of
1241$55 $57.50 shall be remitted to the Department of Revenue for
1242deposit into the Department of Revenue Clerks of the Court Trust
1243Fund. An additional filing fee of $4 shall be paid to the clerk.
1244The clerk shall transfer $3.50 to the Department of Revenue for
1245deposit into the Court Education Trust Fund and shall transfer
124650 cents to the Clerk of Court Operations Conference to fund
1247clerk education. An additional filing fee of up to $15 shall be
1248paid by the party seeking each severance that is granted. The
1249clerk may impose an additional filing fee of up to $75 for all
1250proceedings of garnishment, attachment, replevin, and distress.
1251Postal charges incurred by the clerk of the circuit court in
1252making service by certified or registered mail on defendants or
1253other parties shall be paid by the party at whose instance
1254service is made. No additional fees, charges, or costs shall be
1255added to the filing fees imposed under this section, except as
1256authorized herein or by general law.
1257     (b)  A party reopening any civil action, suit, or
1258proceeding in the circuit court shall pay to the clerk of court
1259a filing fee set by the clerk in an amount not to exceed $50.
1260For purposes of this section, a case is reopened when a case
1261previously reported as disposed of is resubmitted to a court and
1262includes petitions for modification of a final judgment of
1263dissolution. A party is exempt from paying the fee for any of
1264the following:
1265     1.  A writ of garnishment;
1266     2.  A writ of replevin;
1267     3.  A distress writ;
1268     4.  A writ of attachment;
1269     5.  A motion for rehearing filed within 10 days;
1270     6.  A motion for attorney's fees filed within 30 days after
1271entry of a judgment or final order;
1272     7.  A motion for dismissal filed after a mediation
1273agreement has been filed;
1274     8.  A disposition of personal property without
1275administration;
1276     9.  Any probate case prior to the discharge of a personal
1277representative;
1278     10.  Any guardianship pleading prior to discharge;
1279     11.  Any mental health pleading;
1280     12.  Motions to withdraw by attorneys;
1281     13.  Motions exclusively for the enforcement of child
1282support orders;
1283     14.  A petition for credit of child support;
1284     15.  Stipulations;
1285     16.  Responsive pleadings; or
1286     17.  Cases in which there is no initial filing fee.
1287     (2)  Upon the institution of any appellate proceeding from
1288any lower inferior court to the circuit court of any such
1289county, including appeals filed by a county or municipality as
1290provided in s. 34.041(6), or from the circuit court to an
1291appellate court of the state, the clerk shall charge and collect
1292from the party or parties instituting such appellate proceedings
1293a filing fee not to exceed service charge of up to $250 for
1294filing a notice of appeal from the county court to the circuit
1295an inferior court and, in addition to the filing fee required
1296under s. 25.241 or s. 35.22, $50 or for filing a notice of
1297appeal from the circuit court to the district court of appeal or
1298to the Supreme Court to a higher court. If the party is
1299determined to be indigent, the clerk shall defer payment of the
1300fee. The clerk shall remit the first $50 to the Department of
1301Revenue for deposit into the General Revenue Fund. One-third of
1302the fee collected by the clerk in excess of $50 also shall be
1303remitted to the Department of Revenue for deposit into the
1304Clerks of the Court Trust Fund.
1305     (5)  Filing fees for the institution or reopening of any
1306civil action, suit, or proceeding in county court shall be
1307charged and collected as provided in s. 34.041.
1308     (6)  For each attorney appearing pro hac vice, the clerk of
1309the circuit court may impose a fee of up to $100 for deposit
1310into the Clerk of the Courts Trust Fund within the Department of
1311Revenue.
1312     Section 19.  Section 28.245, Florida Statutes, as amended
1313by chapter 2003-402, Laws of Florida, is amended to read:
1314     28.245  Transmittal of funds to Department of Revenue;
1315uniform remittance form required.--Notwithstanding any other
1316provision of law, all moneys collected by the clerks of the
1317court for subsequent distribution to any state entity must be
1318transmitted electronically to the Department of Revenue for
1319appropriate distribution. A uniform remittance form provided by
1320the Department of Revenue detailing the specific amounts due
1321each fund must accompany such submittal. All moneys collected by
1322the clerks of court for remittance to any entity must be
1323distributed pursuant to the law in effect at the time of
1324collection.
1325     Section 20.  Section 28.246, Florida Statutes, as created
1326by chapter 2003-402, Laws of Florida, is amended to read:
1327     28.246  Payment of court-related fees, charges, and costs;
1328partial payments; distribution of funds.--
1329     (1)  Beginning July 1, 2003, the clerk of the circuit court
1330shall report the following information to the Legislature and
1331the Clerk of Court Operations Conference on a form developed by
1332the Department of Financial Services:
1333     (a)  The total amount of mandatory fees, services charges,
1334and costs; the total amount actually assessed; the total amount
1335discharged, or waived, or otherwise not assessed; and the total
1336amount collected.
1337     (b)  The maximum amount of discretionary fees, service
1338charges, and costs authorized; the total amount actually
1339assessed; the total amount discharged or waived; and the total
1340amount collected.
1341     (c)  The total amount of mandatory fines and other monetary
1342penalties; the total amount assessed; the total amount
1343discharged, or waived, or otherwise not assessed; and the total
1344amount collected.
1345     (d)  The maximum amount of discretionary fines and other
1346monetary penalties; the total amount assessed; the total amount
1347discharged or waived; and the total amount collected.
1348
1349If provided to the clerk of court by the judge, the clerk, in
1350reporting the amount assessed, shall separately identify the
1351amount assessed pursuant to s. 938.30 as community service;
1352assessed by reducing the amount to a judgment or lien; satisfied
1353by time served; or other. The form developed by the Chief
1354Financial Officer shall include separate entries for recording
1355these amounts. The clerk shall submit the report on a quarterly
1356basis 30 days after the end of the quarter for the period from
1357July 1, 2003, through June 30, 2004, and on an annual basis
1358thereafter, 60 days after the end of the county fiscal year.
1359     (2)  The clerk of the circuit court shall establish and
1360maintain a system of accounts receivable for court-related fees,
1361charges, and costs.
1362     (3)  Court costs, fines, and other dispositional
1363assessments shall be enforced by order of the courts, collected
1364by the clerks of the circuit and county courts, and disbursed in
1365accordance with authorizations and procedures as established by
1366general law. Each clerk of the circuit court shall enter into a
1367payment plan with defendants determined to be indigent and
1368demonstrating an inability to pay court-related fees, charges,
1369and costs in full.
1370     (4)  The clerk of the circuit court shall accept partial
1371payments for unpaid court-related fees, service charges, and
1372costs, and fines in accordance with the terms of an established
1373payment plan. An individual seeking to defer payment of fees,
1374service charges, costs, or fines imposed by operation of law or
1375order of the court under any provision of general law, and
1376determined by the court to be unable to make payment in full,
1377shall be enrolled by the clerk in a payment program, with
1378periodic payment amounts corresponding to the individual's
1379ability to pay.
1380     (5)  When receiving partial payment of fees, service
1381charges, court costs, and fines, clerks shall distribute funds
1382according to the following order of priority:
1383     (a)  That portion of fees, services charges, court costs,
1384and fines payable to the clerk for the operations of the clerk
1385and to be remitted to the state for deposit into the General
1386Revenue Fund.
1387     (b)  That portion of fees, services charges, court costs,
1388and fines which are required to be retained by the clerk of the
1389court or deposited into the Clerks of the Court Trust Fund.
1390     (c)(b)  That portion of fees, service charges, court costs,
1391and fines payable to state trust funds, allocated on a pro rata
1392basis among the various authorized funds if the total collection
1393amount is insufficient to fully fund all such funds as provided
1394by law.
1395     (d)(c)  That portion of fees, service charges, court costs,
1396and fines payable to counties, municipalities, or other local
1397entities, allocated on a pro rata basis among the various
1398authorized recipients if the total collection amount is
1399insufficient to fully fund all such recipients as provided by
1400law.
1401
1402To offset processing costs, clerks may impose either a per-month
1403service charge pursuant to s. 28.24(26)(b) or a one-time
1404administrative processing service charge at the inception of the
1405payment plan pursuant to s. 28.24(26)(c) retain up to 1 percent
1406of all collections of fees, service charges, court costs, and
1407fines payable to other entities, except where otherwise provided
1408in general law.
1409     (6)  A clerk of court may pursue the collection of any
1410fees, service charges, fines, court costs, and liens for the
1411payment of attorney's fees and costs pursuant to s. 938.29 or
1412other costs imposed by the court which remain unpaid for 90 days
1413or more, or refer the account such collection to a private
1414attorney who is a member in good standing of The Florida Bar or
1415collection agent who is registered and in good standing pursuant
1416to chapter 559. In pursuing the collection of such unpaid
1417financial obligations through a private attorney or collection
1418agent, the clerk of the court must have attempted to collect the
1419unpaid amount through a collection court, collections docket, or
1420other collections process, if any, established by the court,
1421find determine this to be is cost-effective and follow any
1422applicable procurement practices. The collection fee, including
1423any reasonable attorney's fee, paid to any attorney or
1424collection agent retained by the clerk may be added to the
1425balance owed in an amount not to exceed 40 percent of the amount
1426owed at the time the account is referred to the attorney or
1427agent for collection.
1428     Section 21.  Section 28.345, Florida Statutes, as created
1429by chapter 2003-402, Laws of Florida, is amended to read:
1430     28.345  Exemption from court-related fees and
1431charges.--Notwithstanding any other provision of this chapter or
1432Notwithstanding any other provision of this chapter or law to
1433the contrary, judges, state attorneys, guardians ad litem, and
1434public defenders, acting in their official capacity; and state
1435agencies; are exempt from all court-related fees and charges
1436assessed by the clerks of the circuit courts.
1437     Section 22.  Section 28.35, Florida Statutes, as created by
1438chapter 2003-402, Laws of Florida, is amended to read:
1439     28.35  Florida Clerks Clerk of Court Operations Corporation
1440Conference.--
1441     (1)(a)  The Florida Clerks of Court Operations Corporation
1442is hereby created as a public corporation organized to perform
1443the functions specified in this section. All clerks of the
1444circuit court shall be members of the corporation and hold their
1445position and authority in an ex officio capacity. The functions
1446assigned to the corporation shall be performed by an executive
1447council pursuant to the plan of operation approved by the
1448members.
1449     (b)  The executive council shall be composed of The Clerk
1450of Court Operations conference is created and shall be composed
1451of:
1452     (a)  eight clerks of the court elected by the clerks of the
1453courts for a term of 2 years, with two clerks from counties with
1454a population of fewer than 100,000 residents, two clerks from
1455counties with a population of at least 100,000 residents but
1456fewer than 500,000 residents, two clerks from counties with a
1457population of at least 500,000 residents but fewer than 1
1458million residents, and two clerks from counties with a
1459population of more than 1 million residents.
1460     (c)  For the purposes of s. 199.183(1), the corporation
1461shall be considered a political subdivision of the state and
1462shall be exempt from the corporate income tax. The corporation
1463is not subject to the procurement provisions of chapter 287 and
1464policies and decisions of the corporation relating to incurring
1465debt, levying assessments, and the sale, issuance, continuation,
1466terms, and claims under corporation policies, and all services
1467relating thereto, are not subject to the provisions of chapter
1468120.
1469     (d)  The functions assigned to the corporation under this
1470section and ss. 28.36 and 28.37 are considered to be for a valid
1471public purpose.
1472     (b)  The Chief Justice of the Supreme Court or his or her
1473designee.
1474     (2)  The duties of the corporation conference shall include
1475the following:
1476     (a)  Adopting a plan of operation.
1477     (b)  Conducting the election of directors as required in
1478paragraph (1)(a).
1479     (c)(a)  Periodically Recommending to the Legislature
1480changes in the various court-related fines, fees, service
1481charges, and court costs cost schedules established by law to
1482ensure reasonable and adequate funding of the clerks of the
1483court in the performance of their court-related functions.
1484     (d)(b)  Pursuant to contract with the Chief Financial
1485Officer, establishing a process for the review and certification
1486approval of proposed court-related proposed budgets submitted by
1487clerks of the court for completeness and compliance with this
1488section and ss. 28.36 and 28.37. This process shall be designed
1489and be of sufficient detail to permit independent verification
1490and validation of the budget certification. The contract shall
1491specify the process to be used in determining compliance by the
1492corporation with this section and ss. 28.36 and 28.37.
1493     (e)  Assisting the Department of Revenue in calculating the
1494maximum annual budget amount for the standard list of court-
1495related functions that clerks may fund from filing fees, service
1496charges, court costs, and fines retained by the clerks of the
1497court pursuant to the requirements of pursuant to s. 28.36.
1498     (c)  Certifying to the Legislature, the Governor, the Chief
1499Financial Officer, and the Department of Revenue which clerks of
1500court will have court-related revenues insufficient to fund the
1501anticipated court-related functions of their offices and the
1502actions taken to resolve any deficits pursuant to s. 28.36.
1503     (f)(d)  Developing and certifying approving a uniform
1504system of performance measures accountability measurements and
1505applicable performance standards for the functions specified in
1506paragraph (4)(a) and each clerk performance in meeting the
1507performance standards of the court. These measures and standards
1508shall be designed to facilitate an objective determination of
1509the performance of each clerk in accordance with minimum
1510standards for must assess the fiscal management, operational
1511efficiency efficient operations, and effective collection of
1512fines, fees, service charges, and court costs using data
1513reported in s. 28.246 as well as other data. When the
1514corporation finds a clerk has not met the performance standards,
1515the corporation shall identify the nature of each deficiency and
1516any corrective action recommended and taken by the affected
1517clerk of the court.
1518     (g)  Reviewing and certifying proposed budgets submitted by
1519clerks of the court utilizing the process approved by the Chief
1520Financial Officer pursuant to paragraph (c) for the purpose of
1521making the certification in subsection (3)(a). As part of this
1522process, the corporation shall:
1523     1.  Calculate the maximum authorized annual budget pursuant
1524to the requirements of s. 28.36.
1525     2.  Identify those proposed budgets exceeding the maximum
1526annual budget pursuant to s. 28.36(5) for the standard list of
1527court-related functions.
1528     3.  Identify those proposed budgets containing funding for
1529items not included on the standard list of court-related
1530functions developed pursuant to paragraph (3)(a).
1531     4.  Identify those clerks projected to have court-related
1532revenues insufficient to fund their anticipated court-related
1533expenditures.
1534     (3)(a)  The Clerk of Court Operations Corporation shall
1535certify to the President of the Senate, the Speaker of the House
1536of Representatives, the Chief Financial Officer, and the
1537Department of Revenue by October 15 of each year, the amount of
1538the proposed budget certified for each clerk; the revenue
1539projection supporting each clerk's budget; each clerk eligible
1540to retain some or all of the state's share of fines, fees,
1541service charges, and costs; the amount to be paid to each clerk
1542from the Clerks of the Court Trust Fund within the Department of
1543Revenue; the performance measures and standards approved by the
1544conference for each clerk; and the performance of each clerk in
1545meeting the performance standards.
1546     (b)  Prior to December 1 of each year, the Chief Financial
1547Officer shall review the certifications made by the corporation
1548for the purpose of determining compliance with the approved
1549process and report its findings to the President of the Senate,
1550the Speaker of the House of Representatives and to the
1551Department of Revenue. To determine compliance with this
1552process, the Chief Financial Officer may examine the budgets
1553submitted to the corporation by the clerks.
1554     (4)(a)  The list of court-related functions clerks may fund
1555from filing fees, service charges, court costs, and fines shall
1556be limited to those functions expressly authorized by law or
1557court rule. Those functions must include the following: case
1558maintenance; records management; court preparation and
1559attendance; processing the assignment, reopening, and
1560reassignment of cases; processing of appeals; collection and
1561distribution of fines, fees, service charges, and court costs;
1562processing of bond forfeiture payments; payment of jurors and
1563witnesses; data collection and reporting; processing of jurors;
1564determinations of indigent status; and reasonable administrative
1565support costs to enable the clerk of the court to carry out
1566these court-related functions.
1567     (b)  The list of functions clerks may not fund from filing
1568fees, service charges, court costs, and fines shall include:
1569     1.  Those functions not specified within paragraph (a).
1570     2.  Functions assigned by administrative orders which are
1571not required for the clerk to perform the functions in paragraph
1572(a).
1573     3.  Enhanced levels of service which are not required for
1574the clerk to perform the functions in paragraph (a).
1575     4.  Functions identified as local requirements or local
1576optional programs.
1577     (c)(e)  Publishing a uniform schedule of actual maximum
1578fines, fees, service charges, and costs that may be charged by a
1579clerk of the court for court-related functions pursuant to
1580general law that reflects any adjustments based on changes in
1581the Consumer Price Index. Effective July 1, 2004, the schedule
1582shall reflect the maximum fines, fees, service charges, and
1583costs established by general law. The schedule may be adjusted
1584on or after October 1, 2005, and no more frequently than
1585annually thereafter, by the average percentage change in the
1586Consumer Price Index issued by the United States Department of
1587Labor since the last adjustment by the conference. Any
1588adjustment to the schedule authorized in this paragraph must be
1589affirmatively approved by a majority of the clerks of the
1590circuit courts before such adjustments may take effect.
1591     (5)(3)  The corporation Clerk of Court Operations
1592conference shall be funded pursuant to contract with the Chief
1593Financial Officer. Funds shall be provided to the Chief
1594Financial Officer for this purpose as appropriated by general
1595law maintain a public depository to receive funds for its
1596operations. The Clerk of Court Operations Conference shall
1597receive a portion of the fees collected by the clerk for filing
1598a civil action in circuit court as specified in s. 28.241. These
1599funds shall be available to the corporation conference for the
1600performance of the duties and responsibilities as set forth in
1601this section. The corporation conference may hire staff and pay
1602for other expenses from these funds this fund only as necessary
1603to perform the official duties and responsibilities of the
1604corporation conference as described in this section.
1605     (6)(a)(4)  The corporation Clerk of Court Operations
1606conference shall submit an annual audited financial statement to
1607the Auditor General in a form and manner prescribed by the
1608Auditor General. The Auditor General shall conduct an annual
1609audit of the operations of the corporation conference, including
1610the use of funds and compliance with the provisions of this
1611section and ss. 28.36 and 28.37.
1612     (b)  Certified public accountants conducting audits of
1613counties pursuant to s. 218.39 shall report, as part of the
1614audit, whether or not the clerks of the courts have complied
1615with the budgets certified by the Florida Clerk of Courts
1616Operations Corporation pursuant to the budget review process
1617pursuant to contract with the Chief Financial Officer and with
1618the performance standards developed and certified pursuant to
1619this section. The Auditor General shall develop a compliance
1620supplement for the audit of compliance with the budgets and
1621applicable performance standards certified by the corporation.
1622     Section 23.  Section 28.36, Florida Statutes, as created by
1623chapter 2003-402, Laws of Florida, is amended to read:
1624     28.36  Budget review and approval procedure.--There is
1625hereby established a budget procedure for the court-related
1626functions of the clerks of the court.
1627     (1)  Only those functions on the standard list developed
1628pursuant to s. 28.35(4)(a) may be funded from fees, service
1629charges, court costs, and fines retained by the clerks of the
1630court. No clerk may use fees, service charges, court costs, and
1631fines in excess of the maximum budget amounts as established in
1632subsection (5).
1633     (2)(1)  For the period July 1, 2004, through September 30,
16342004, and for each county fiscal year ending September 30
1635thereafter, each clerk of the court shall prepare a budget
1636relating solely to the performance of the standard list of
1637court-related functions pursuant to s. 28.35(4)(a).
1638     (3)(2)  Each proposed budget shall further conform to the
1639following requirements:
1640     (a)  On May 1, 2004, for the fiscal period of July 1, 2004,
1641through September 30, 2004, and On or before August 1 for each
1642fiscal year thereafter, the proposed budget shall be prepared,
1643summarized, and submitted by the clerk in each county to the
1644Clerk of Court Operations Corporation Conference in the manner
1645and form prescribed by the corporation pursuant to contract with
1646the Chief Financial Officer conference. The proposed budget must
1647provide detailed information on the anticipated revenues
1648available and expenditures necessary for the performance of the
1649standard list of court-related functions of the clerk's office
1650developed pursuant to s. 28.35(4)(a) for the county fiscal year
1651beginning the following October 1.
1652     (b)  The proposed budget must be balanced, such that the
1653total of the estimated revenues available must equal or exceed
1654the total of the anticipated expenditures. These revenues
1655include the following: cash balances brought forward from the
1656prior fiscal period; revenue projected to be received from fees,
1657service charges, court costs, and fines for court-related
1658functions during the fiscal period covered by the budget; and
1659supplemental revenue that may be requested pursuant to
1660subsection (4)(3); and the contingency reserve authorized in
1661paragraph (c). The anticipated expenditures must be itemized as
1662required by the corporation, pursuant to contract with the Chief
1663Financial Officer Clerk of Court Operations conference.
1664     (c)  The proposed budget may include a contingency reserve
1665not to exceed 10 percent of the total budget, provided that,
1666overall, the proposed budget does not exceed the limits
1667prescribed in subsection (5).
1668     (4)(3)  If a clerk of the court estimates that available
1669funds plus projected revenues from fines, fees, service charges,
1670and costs for court-related services are insufficient to meet
1671the anticipated expenditures for the standard list of court-
1672related functions in s. 28.35(4)(a) performed by his or her
1673office, the clerk must report the budget deficit to the Clerk of
1674Court Operations Corporation conference in the manner and form
1675prescribed by the corporation pursuant to contract with the
1676Chief Financial Officer conference. The corporation conference
1677shall verify that the proposed budget is limited to the standard
1678list of court-related functions in s. 28.35(4)(a) determine
1679whether the clerk is meeting his or her performance standards
1680for the current year relating to fiscal management, efficient
1681operations, and the effective collection of fines, fees, service
1682charges, and costs.
1683     (a)  If the corporation verifies that the proposed budget
1684is limited to the standard list of court-related functions in s.
168528.35(4)(a) conference determines that a clerk is meeting his or
1686her performance standards for fiscal management, operational
1687efficiency,; efficient operations; and effective collection of
1688fines, fees, service charges, and costs; and a revenue deficit
1689is projected, that clerk may shall increase all fines, fees,
1690service charges, and any other court-related clerk fees and
1691charges costs to the maximum amounts specified by law or the
1692amount necessary to resolve the deficit, whichever is less. If,
1693after increasing such fines, fees, service charges, and any
1694other court-related clerk fees and charges to the maximum
1695amounts specified by law costs, a revenue budget deficit is
1696still projected, the corporation conference shall, pursuant to
1697the terms of the contract with the Chief Financial Officer,
1698certify a deficit and notify the Department of Revenue that the
1699that clerk is authorized to retain revenues, in an amount
1700necessary to fully fund the projected revenue deficit, which he
1701or she would otherwise be required to remit to the Department of
1702Revenue for deposit into the Department of Revenue Clerks of the
1703Court Trust Fund pursuant to s. 28.37. If a revenue budget
1704deficit is projected for that clerk after retaining all of the
1705projected collections from the court-related fines, fees,
1706service charges, and costs, the department conference shall
1707certify the amount of the revenue deficit amount to the
1708Executive Office of the Governor and request authority for funds
1709appropriated for this purpose from the department's Clerks of
1710the Court Trust Fund. Pursuant to s. 216.341, and
1711notwithstanding provisions of s. 216.192 related to the release
1712of funds, the Executive Office of the Governor may approve the
1713release of funds appropriated to resolve projected revenue
1714deficits in accordance with the notice, review, and objection
1715procedures set forth in s. 216.177 and shall provide notice to
1716the Chief Financial Officer. An amount equal to the deficit is
1717hereby appropriated each year from The department is directed to
1718request monthly amounts to each clerk certified to have a
1719deficit, in accordance with the releases approved by the
1720Governor of Revenue Clerks of the Court Trust Fund, without
1721further legislative action, period after period, until altered
1722or revoked by the Legislature. The Department of Revenue is
1723directed to make a monthly distribution of equal amounts to each
1724clerk certified to have a deficit until the Clerk of Court
1725Operations Conference certifies a different amount to be
1726distributed.
1727     (b)  If the Department of Revenue finds the court-related
1728budget proposed by a clerk includes functions not included in
1729the standard list of court-related functions in s. 28.35(3)(a),
1730the department shall notify the clerk of the amount of the
1731proposed budget not eligible to be funded from fees, service
1732charges, costs, and fines for court-related functions. The clerk
1733shall then immediately discontinue the expenditures of funds for
1734this purpose and reimburse the Clerks of the Court Trust Fund
1735for any expenditures incurred to date for these functions The
1736Clerk of Court Operations Conference shall notify the Governor,
1737the President of the Senate, and the Speaker of the House of
1738Representatives prior to taking actions specified in this
1739subsection. The notification shall include a certification by
1740the conference that all of the conditions in this subsection
1741have been met.
1742     (4)  The Clerk of Court Operations Conference must approve
1743the court-related budget for each clerk in the state, and shall
1744certify to the Legislature by October 15 of each year, the
1745proposed budget amount approved for each clerk's budget; the
1746revenue projection supporting each clerk's budget; each clerk
1747who must retain some or all of the state's share of fines, fees,
1748service charges, and costs; the amount to be paid from the
1749Department of Revenue Clerks of the Court Trust Fund to each
1750clerk; and the performance measures and standards approved by
1751the conference for each clerk.
1752     (5)(a)  For the county fiscal year October 1, 2004, through
1753September 30, 2005, the maximum annual budget amount for the
1754standard list of court-related functions of the clerks of court
1755in s. 28.35(4)(a) that may be funded from fees, service charges,
1756court costs, and fines retained by the clerks of the court shall
1757authorized by the Clerk of Court Operations Conference for each
1758clerk may not exceed 103 percent of the clerk's estimated actual
1759expenditures for the prior county fiscal year for court-related
1760functions that are required by law effective July 1, 2004. The
1761conference shall use the clerk's actual expenditures for the
1762prior county fiscal year for court-related functions as reported
1763by the Chief Financial Officer based on the county financial
1764reporting required under s. 218.32.
1765     (b)  For the county fiscal year 2005-2006, the maximum
1766budget amount for the standard list of court-related functions
1767of the clerks of court in s. 28.35(4)(a) that may be funded from
1768fees, service charges, court costs, and fines retained by the
1769clerks of the court authorized by the conference for each clerk
1770budget shall be the approved budget for county fiscal year 2004-
17712005 adjusted by the projected percentage change in revenue
1772between the county fiscal years 2004-2005 and 2005-2006.
1773     (c)  For the county fiscal years 2006-2007 and thereafter,
1774the maximum budget amount for the standard list of court-related
1775functions of the clerks of court in s. 28.35(4)(a) that may be
1776funded from fees, service charges, court costs, and fines
1777retained by the clerks of the court authorized by the conference
1778for each clerk shall be established by first rebasing the prior
1779fiscal year budget to reflect the actual percentage change in
1780the prior fiscal year revenue and then adjusting the rebased
1781prior fiscal year budget by the projected percentage change in
1782revenue for the proposed budget year. The rebasing calculations
1783and maximum annual budget calculations shall be as follows:
1784     1.  For county fiscal year 2006-2007, the approved budget
1785for county fiscal year 2004-2005 shall be adjusted for the
1786actual percentage change in revenue between the two 12-month
1787periods ending June 30, 2005, and June 30, 2006. This result is
1788the rebased budget for the county fiscal year 2005-2006. Then
1789the rebased budget for the county fiscal year 2005-2006 shall be
1790adjusted by the projected percentage change in revenue between
1791the county fiscal years 2005-2006 and 2006-2007. This result
1792shall be the maximum annual budget amount for the standard list
1793of court-related functions of the clerks of court in s.
179428.35(4)(a) that may be funded from fees, service charges, court
1795costs, and fines retained by the clerks of the court authorized
1796by the conference for each clerk for the county fiscal year
17972006-2007.
1798     2.  For county fiscal year 2007-2008, the rebased budget
1799for county fiscal year 2005-2006 shall be adjusted for the
1800actual percentage change in revenue between the two 12-month
1801periods ending June 30, 2006, and June 30, 2007. This result is
1802the rebased budget for the county fiscal year 2006-2007. The
1803rebased budget for county fiscal year 2006-2007 shall be
1804adjusted by the projected percentage change in revenue between
1805the county fiscal years 2006-2007 and 2007-2008. This result
1806shall be the maximum annual budget amount for the standard list
1807of court-related functions of the clerks of court in s.
180828.35(4)(a) that may be funded from fees, service charges, court
1809costs, and fines retained by the clerks of the court authorized
1810by the conference for each clerk budget for county fiscal year
18112007-2008.
1812     3.  For county fiscal years 2008-2009 and thereafter, the
1813maximum budget amount for the standard list of court-related
1814functions of the clerks of court in s. 28.35(4)(a) that may be
1815funded from fees, service charges, court costs, and fines
1816retained by the clerks of the court authorized by the conference
1817for each clerk budget shall be calculated as the rebased budget
1818for the prior county fiscal year adjusted by the projected
1819percentage change in revenues between the prior county fiscal
1820year and the county fiscal year for which the maximum budget
1821amount is being authorized. The rebased budget for the prior
1822county fiscal year shall always be calculated by adjusting the
1823rebased budget for the year preceding the prior county fiscal
1824year by the actual percentage change in revenues between the 12-
1825month period ending June 30 of the year preceding the prior
1826county fiscal year and the 12-month period ending June 30 of the
1827prior county fiscal year.
1828     (6)  The corporation Clerk of Court Operations conference
1829may submit proposed legislation to the Governor, the President
1830of the Senate, and the Speaker of the House of Representatives
1831no later than November 1 in any year for approval of clerk
1832budget request amounts exceeding the restrictions in this
1833section for the following October 1. If proposed legislation is
1834recommended, the corporation conference shall also submit
1835supporting justification with sufficient detail to identify the
1836specific proposed expenditures that would cause the limitations
1837to be exceeded for each affected clerk and the estimated fiscal
1838impact on state revenues.
1839     Section 24.  Subsection (2) of section 28.37, Florida
1840Statutes, as amended by chapter 2003-402, Laws of Florida, is
1841amended, subsections (3) and (4) of said section are renumbered
1842as subsections (4) and (5), respectively, and amended, and a new
1843subsection (3) is added to said section, to read:
1844     28.37  Fines, fees, service charges, and costs remitted to
1845the state.--
1846     (2)  Beginning August 1, 2004, except as otherwise provided
1847in ss. 28.241 and 34.041, one-third of all fines, fees, service
1848charges, and costs collected by the clerks of the court during
1849the prior month for the performance of court-related functions
1850shall be remitted to the Department of Revenue for deposit in
1851the Department of Revenue Clerks of the Court Trust Fund. These
1852collections do not include funding received for the operation of
1853the Title IV-D child support collections and disbursement
1854program. The clerk of the court shall remit the revenues
1855collected during the prior month due to the state on or before
1856the 20th 5th day of each month. The Department of Revenue shall
1857make a monthly transfer of the funds in the Department of
1858Revenue Clerks of the Court Trust Fund that are not needed to
1859resolve clerk of the court revenue budget deficits, as specified
1860in s. 28.36, to the General Revenue Fund.
1861     (3)  For the period of October 1, 2003, to June 30, 2004,
1862those clerks operating as fee officers for court-related
1863services shall determine the amount of fees collected and
1864expenses generated for court-related services. Any excess fees
1865generated during this period shall be remitted to the county on
1866December 31, 2004. However, any billings for payment of due
1867process services rendered before July 1, 2004, may be paid by
1868the clerk from these funds. Due process services shall include,
1869but not be limited to, court reporter services, court
1870interpreter services, expert witness services, mental health
1871evaluations, and court-appointed counsel services. In addition,
1872any deficit experienced by the clerk for court-related services
1873during the period from October 1, 2003, to June 30, 2004, shall
1874be funded by the county.
1875     (4)(3)  Beginning January 1, 2005, for the period July 1,
18762004, through September 30, 2004, and each January 1 thereafter
1877for the preceding county fiscal year of October 1 through
1878September 30, the clerk of the court must remit to the
1879Department of Revenue for deposit in the General Revenue Fund
1880the cumulative excess of all fees, service charges, court costs,
1881and fines retained by the clerks of the court statutory fines,
1882fees, service charges, and costs collected for the clerk's
1883court-related functions over the amount needed to meet the
1884approved budget amounts established under s. 28.36.
1885     (5)(4)  The Department of Revenue shall adopt rules
1886governing the remittance of the funds to be transferred to the
1887General Revenue Fund under this section, the required forms and
1888procedures, and penalties for failure to comply. The Department
1889of Revenue shall collect any funds that the corporation Clerk of
1890Court Operations conference determines upon investigation were
1891due on January 1 but not remitted to the department.
1892     Section 25.  Subsections (3) and (5) of section 29.005,
1893Florida Statutes, as amended by chapter 2003-402, Laws of
1894Florida, are amended to read:
1895     29.005  State attorneys' offices and prosecution
1896expenses.--For purposes of implementing s. 14, Art. V of the
1897-For purposes of implementing s. 14, Art. V of the State
1898Constitution, the elements of the state attorneys' offices to be
1899provided from state revenues appropriated by general law are as
1900follows:
1901     (3)  Witnesses, including expert witnesses, summoned to
1902appear for an investigation, preliminary hearing, or trial in a
1903criminal case when the witnesses are summoned by a state
1904attorney, and any other expert witnesses required in a court
1905hearing by law or whomever the state attorney deems necessary
1906for the performance of his or her duties.
1907     (5)  Reasonable transportation services in the performance
1908of constitutional and statutory responsibilities. Motor vehicles
1909provided by counties to state attorneys as of July 1, 2003, and
1910any additional vehicles provided to state attorneys during
1911fiscal year 2003-2004 shall be transferred to the state
1912effective July 1, 2004.
1913     Section 26.  Subsections (3) and (5) of section 29.006,
1914Florida Statutes, as amended by chapter 2003-402, Laws of
1915Florida, are amended to read:
1916     29.006  Public defenders and indigent defense costs.--For
1917purposes of implementing s. 14, Art. V of the State
1918Constitution, the elements of the public defenders' offices to
1919be provided from state revenues appropriated by general law are
1920as follows:
1921     (3)  Witnesses, including expert witnesses, summoned to
1922appear for an investigation, preliminary hearing, or trial in a
1923criminal case when the witnesses are summoned on behalf of an
1924indigent defendant, and any other expert witnesses required in a
1925court hearing by law or whomever the public defender deems
1926necessary for the performance of his or her duties approved by
1927the court.
1928     (5)  Reasonable transportation services in the performance
1929of constitutional and statutory responsibilities. Motor vehicles
1930provided by counties to public defenders as of July 1, 2003, and
1931any additional vehicles provided to public defenders during
1932fiscal year 2003-2004 shall be transferred by title to the state
1933effective July 1, 2004.
1934     Section 27.  Paragraphs (a), (b), (d), and (f) of
1935subsection (1) and paragraph (a) of subsection (3) of section
193629.008, Florida Statutes, as amended by chapter 2003-402, Laws
1937of Florida, are amended, and subsection (4) is added to said
1938section, to read:
1939     29.008  County funding of court-related functions.--
1940     (1)  Counties are required by s. 14, Art. V of the State
1941Constitution to fund the cost of communications services,
1942existing radio systems, existing multiagency criminal justice
1943information systems, and the cost of construction or lease,
1944maintenance, utilities, and security of facilities for the
1945circuit and county courts, public defenders' offices, state
1946attorneys' offices, guardian ad litem offices, and the offices
1947of the clerks of the circuit and county courts performing court-
1948related functions. For purposes of implementing these
1949requirements, the term:
1950     (a)  "Facility" means reasonable and necessary buildings
1951and office space and appurtenant equipment and furnishings,
1952structures, real estate, easements, and related interests in
1953real estate, including, but not limited to, those for the
1954purpose of housing legal materials for use by the general public
1955and personnel, equipment, or functions of the circuit or county
1956courts, public defenders' offices, state attorneys' offices, and
1957court-related functions of the office of the clerks of the
1958circuit and county courts and all storage. The term also
1959includes access to parking for such facilities in connection
1960with such court-related functions that may be available free or
1961from a private provider or a local government for a fee. The
1962office space provided by a county may not be less than the
1963standards for space allotment adopted by the Department of
1964Management Services. County funding must include physical
1965modifications and improvements to all facilities as are required
1966for compliance with the Americans with Disabilities Act. Upon
1967mutual agreement of a county and the affected entity in this
1968paragraph, the office space provided by the county may vary from
1969the standards for space allotment adopted by the Department of
1970Management Services. This section applies only to facilities
1971that are leased, or on which construction commences, after June
197230, 2003.
1973     1.  As of July 1, 2005, equipment and furnishings shall be
1974limited to that appropriate and customary for courtrooms, jury
1975facilities, and other public areas in courthouses and any other
1976facility occupied by the courts, state attorneys, and public
1977defenders.
1978     2.  Equipment and furnishings under this paragraph in
1979existence and owned by counties on July 1, 2005, except for that
1980in the possession of the clerks, for areas other than
1981courtrooms, jury facilities, and other public areas in
1982courthouses and any other facility occupied by the courts, state
1983attorneys, and public defenders, shall be transferred to the
1984state at no charge.
1985     (b)1.  "Construction or lease" includes, but is not limited
1986to, all reasonable and necessary costs of the acquisition or
1987lease of facilities, equipment, and furnishings for all judicial
1988officers, staff, jurors, volunteers of a tenant agency, and the
1989public for the circuit and county courts, the public defenders'
1990offices, state attorneys' offices, and for performing the court-
1991related functions of the offices of the clerks of the circuit
1992and county courts. This includes expenses related to financing
1993such facilities and the existing and future cost and bonded
1994indebtedness associated with placing the facilities in use.
1995     2.  As of July 1, 2005, equipment and furnishings shall be
1996limited to that appropriate and customary for courtrooms, jury
1997facilities, and other public areas in courthouses.
1998     3.  Equipment and furnishings under this paragraph in
1999existence and owned by counties on July 1, 2005, for areas other
2000than courtrooms, jury facilities, and other public areas in
2001courthouses, shall be transferred to the state at no charge.
2002     (d)  "Utilities" means all electricity services for light,
2003heat, and or power; natural or manufactured gas services for
2004light, heat, and or power; water and wastewater services and
2005systems, stormwater or runoff services and systems, sewer
2006services and systems, all costs or fees associated with these
2007services and systems, and any costs or fees associated with the
2008mitigation of environmental impacts directly related to the
2009facility.
2010     (f)  "Communications services" are defined as any
2011reasonable and necessary transmission, emission, and reception
2012of signs, signals, writings, images, and sounds of intelligence
2013of any nature by wire, radio, optical, or other electromagnetic
2014systems and includes all facilities and equipment owned, leased,
2015or used by judges, clerks, public defenders, state attorneys,
2016and all staff of the state courts system, state attorneys'
2017offices, public defenders' offices, and clerks of the circuit
2018and county courts performing court-related functions. Such
2019system or services shall include, but not be limited to:
2020     1.  Telephone system infrastructure, including computer
2021lines, telephone switching equipment, and maintenance, and
2022facsimile, wireless communications, cellular telephones, pagers,
2023and video teleconferencing equipment and line charges. Each
2024county shall continue to provide access to a local carrier for
2025local and long distance service and shall pay toll charges for
2026the local and long distance service. Telephone equipment,
2027including facsimile and video teleconferencing equipment, owned
2028by the counties shall be transferred to the state at no charge,
2029effective July 1, 2004.
2030     2.  All computer systems and equipment, including computer
2031hardware and software, modems, printers, wiring, network
2032connections, maintenance, support staff or services including
2033any county-funded support staff located in the offices of the
2034circuit court, county courts, state attorneys, and public
2035defenders, training, supplies, and line charges necessary for an
2036integrated computer system to support the operations and
2037management of the state courts system, the offices of the public
2038defenders, the offices of the state attorneys, and the offices
2039of the clerks of the circuit and county courts and the
2040capability to connect those entities and reporting data to the
2041state as required for the transmission of revenue, performance
2042accountability, case management, data collection, budgeting, and
2043auditing purposes. The integrated computer system shall be
2044operational by July January 1, 2006, and, at a minimum, permit
2045the exchange of financial, performance accountability, case
2046management, case disposition, and other data across multiple
2047state and county information systems involving multiple users at
2048both the state level and within each judicial circuit and must
2049be able to electronically exchange judicial case background
2050data, sentencing guidelines and scoresheets, and video evidence
2051information stored in integrated case management systems over
2052secure networks. Once the integrated system becomes operational,
2053counties may reject requests to purchase communication services
2054included in this subparagraph not in compliance with standards,
2055protocols, or processes adopted by the board established
2056pursuant to s. 29.0085.
2057     3.  Courier messenger and subpoena services.
2058     4.  Auxiliary aids and services for qualified individuals
2059with a disability which are necessary to ensure access to the
2060courts. Such auxiliary aids and services include, but are not
2061limited to, sign language interpretation services required under
2062the federal Americans with Disabilities Act other than services
2063required to satisfy due process requirements and identified as a
2064state funding responsibility pursuant to ss. 29.004, 29.005,
206529.006, and 29.007, real-time transcription services for
2066individuals who are hearing impaired, and assistive listening
2067devices and the equipment necessary to implement such
2068accommodations.
2069     (3)  The following shall be considered a local requirement
2070pursuant to subparagraph (2)(a)1.:
2071     (a)  Legal aid programs, which shall be funded at a level
2072equal to or greater than the amount provided from filing fees
2073and surcharges to legal aid programs from October 1, 2002, to
2074September 30, 2003. Counties with a population of less than
207575,000 are exempt from this requirement.
2076     (4)(a)  Except for revenues used for the payment of
2077principal or interest on bonds, tax anticipation certificates,
2078or any other form of indebtedness as allowed under ss.
2079218.25(1), (2), or (4), the Department of Revenue shall withhold
2080revenue sharing receipts distributed pursuant to part II of
2081chapter 218 from any county not in compliance with the county
2082funding obligations for items specified in paragraphs (1)(a),
2083(c), (d), (e), (f), (g), and (h) and subsection (3). The
2084department shall withhold an amount equal to the difference
2085between the amount spent by the county for the particular item
2086in county fiscal year 2002-2003, the base year, plus 3 percent,
2087and the amount budgeted by the county for these obligations in
2088county fiscal year 2004-2005, if the latter is less than the
2089former. Every year thereafter, the department shall withhold
2090such an amount if the amount budgeted in that year is less than
2091the base year plus 1.5 percent growth per year. On or before
2092December 31, 2004, each county shall send to the department a
2093certified copy of their budget documents for the respective 2
2094years, separately identifying expenditure amounts for each
2095county funding obligation specified in paragraphs (1)(a), (c),
2096(d), (e), (f), (g), and (h), and subsection (3). Each year
2097thereafter, on or before December 31 of that year, each county
2098shall send a certified copy of its budget document to the
2099department.
2100     (b)  Beginning in fiscal year 2005-2006, additional amounts
2101shall be withheld pursuant to paragraph (a), if the amount spent
2102in the previous fiscal year on the items specified in paragraphs
2103(1)(a), (c), (d), (e), (f), (g), and (h), and subsection (3) is
2104less than the amount budgeted for those items. Each county shall
2105certify expenditures for these county obligations for the prior
2106fiscal year to the department within 90 days after the end of
2107the fiscal year.
2108     (c)  The department shall transfer the withheld payments to
2109the General Revenue Fund by March 31 of each year. These
2110payments are hereby appropriated to pay for these
2111responsibilities on behalf of the county.
2112     Section 28.  Section 29.0086, Florida Statutes, is created
2113to read:
2114     29.0086  Article V Technology Board.--
2115     (1)  The Article V Technology Board is created.
2116     (2)  The board shall be composed of ten members, as
2117follows:
2118     (a)  A person appointed by the Governor to represent
2119executive branch agencies that maintain information routinely
2120accessed by the courts in performance of official duties.
2121     (b)  The Chief Justice of the Supreme Court, or his or her
2122designee, who shall serve as chair.
2123     (c)  A person appointed by the President of the Senate.
2124     (d)  A person appointed by the Speaker of the House of
2125Representatives.
2126     (e)  A state attorney, appointed by the Florida Prosecuting
2127Attorneys Association.
2128     (f)  A public defender, appointed by the Florida Public
2129Defender Association.
2130     (g)  A court clerk, appointed by the Florida Association of
2131Court Clerks.
2132     (h)  A county commissioner, appointed by the Florida
2133Association of Counties.
2134     (i)  A sheriff, appointed by the Florida Sheriff's
2135Association.
2136     (j)  The executive director of the Department of Law
2137Enforcement, or his or her designee.
2138     (3)  The board shall:
2139     (a)  Inventory existing communications services identified
2140in s. 29.008(1)(f) serving the state courts system, state
2141attorneys, public defenders, and clerks of court at both the
2142state level and within each judicial circuit.
2143     (b)  Propose various alternative models, along with
2144advantages and disadvantages, for achieving system integration.
2145     (c)  Propose solutions to achieve system integration and
2146data exchange across multiple state and county systems involving
2147multiple users at both the state level and within each judicial
2148circuit through the development of standards and procedures,
2149including common identifiers, common data field elements, data
2150transfer protocols, and a common data dictionary.
2151     (d)  Propose a governance structure to achieve the
2152necessary coordination among system users at both the state and
2153circuit levels.
2154     (e)  Propose solutions for maintaining system security to
2155prevent unauthorized access to applications or data.
2156     (4)  The board shall issue recommendations, together with
2157any statutory changes necessary to implement proposed solutions,
2158to the Legislature by February 1, 2005.
2159     Section 29.  Subsection (1) of section 29.016, Florida
2160Statutes, as created by chapter 2003-402, Laws of Florida, is
2161amended to read:
2162     29.016  Contingency fund; judicial branch.--
2163     (1)  An appropriation may be provided in the General
2164Appropriations Act for the judicial branch to serve as a
2165contingency fund to alleviate deficits in contracted due process
2166services appropriation categories, including private court-
2167appointed counsel categories, that may occur from time to time
2168due to extraordinary events that lead to unexpected
2169expenditures.
2170     Section 30.  Subsections (1) and (2) of section 34.01,
2171Florida Statutes, are amended to read:
2172     34.01  Jurisdiction of county court.--
2173     (1)  County courts shall have original jurisdiction:
2174     (a)  In all misdemeanor cases not cognizable by the circuit
2175courts;
2176     (b)  Of all violations of municipal and county ordinances;
2177and
2178     (c)  Of all actions at law in which the matter in
2179controversy does not exceed the sum of $15,000, exclusive of
2180interest, costs, and attorney's fees, except those within the
2181exclusive jurisdiction of the circuit courts. The party
2182instituting any civil action, suit, or proceeding pursuant to
2183this paragraph where the amount in controversy is in excess of
2184$5,000 shall pay to the clerk of the county court the filing
2185fees and service charges in the same amounts and in the same
2186manner as provided in s. 28.241.
2187     (2)  The county courts shall have jurisdiction previously
2188exercised by county judges' courts other than that vested in the
2189circuit court by s. 26.012, except that county court judges may
2190hear matters involving dissolution of marriage under the
2191simplified dissolution procedure pursuant to the Rule 1.611(c),
2192Florida Family Rules of Civil Procedure or may issue a final
2193order for dissolution in cases where the matter is uncontested,
2194and the jurisdiction previously exercised by county courts, the
2195claims court, small claims courts, small claims magistrates
2196courts, magistrates courts, justice of the peace courts,
2197municipal courts, and courts of chartered counties, including
2198but not limited to the counties referred to in ss. 9, 10, 11,
2199and 24, Art. VIII of the State Constitution of 1885.
2200     Section 31.  Section 34.041, Florida Statutes, as amended
2201by chapter 2003-402, Laws of Florida, is amended to read:
2202     34.041  Filing fees.--
2203     (1)(a)  Upon the institution of any civil action, suit, or
2204proceeding in county court, the party shall clerk of court may
2205require the plaintiff, when filing an action or proceeding, to
2206pay the following filing fee, not to exceed:
2207     1.(a)  For all claims less than
2208$100....................$50.
2209     2.(b)  For all claims of $100 or more but not more than
2210$500.........................................................$75
2211.
2212     3.(c)  For all claims of more than $500 but not more than
2213$2,500......................................................$150
2214.
2215     4.(d)  For all claims of more than
2216$2,500..............$250.
2217     5.(e)  In addition, for all proceedings of garnishment,
2218attachment, replevin, and
2219distress...........................$75.
2220     6.(f)  For removal of tenant
2221action.....................$75.
2222     (b)  The first $50 of the filing fee collected under
2223subparagraph (a)4. paragraph (d) shall be remitted to the
2224Department of Revenue for deposit into the General Revenue Fund.
2225One-third of any filing fees collected by the clerk under this
2226section paragraph (d) in excess of the first $50 collected under
2227subparagraph (a)4. shall be remitted to the Department of
2228Revenue for deposit into the Department of Revenue Clerks of the
2229Court Trust Fund. An additional filing fee of $4 shall be paid
2230to the clerk. The clerk shall transfer $3.50 to the Department
2231of Revenue for deposit into the Court Education Trust Fund and
2232shall transfer 50 cents to the Clerk of Court Operations
2233Conference to fund clerk education. Postal charges incurred by
2234the clerk of the county court in making service by mail on
2235defendants or other parties shall be paid by the party at whose
2236instance service is made. Except as provided herein, filing fees
2237and service charges for performing duties of the clerk relating
2238to the county court shall be as provided in ss. 28.24 and
223928.241. Except as otherwise provided herein, all filing fees
2240shall be retained as fee income of the office of the clerk of
2241circuit court. Filing fees imposed by this section may not be
2242added to any penalty imposed by chapter 316 or chapter 318.
2243     (2)  A party reopening any civil action, suit, or
2244proceeding in the county court shall pay to the clerk of court a
2245filing fee set by the clerk in an amount not to exceed $25 for
2246all claims of not more than $500 and an amount not to exceed $50
2247for all claims of more than $500. For purposes of this section,
2248a case is reopened when a case previously reported as disposed
2249of is resubmitted to a court. A party is exempt from paying the
2250fee for any of the following:
2251     1.  A writ of garnishment;
2252     2.  A writ of replevin;
2253     3.  A distress writ;
2254     4.  A writ of attachment;
2255     5.  A motion for rehearing filed within 10 days;
2256     6.  A motion for attorney's fees filed within 30 days of
2257the entry of the judgment or final order;
2258     7.  A motion for dismissal filed after a mediation
2259agreement has been filed;
2260     8.  A motion to withdraw by attorneys;
2261     9.  Stipulations; or
2262     10.  Responsive pleadings.
2263     (3)(2)  If a nonindigent party fails shall fail to pay
2264accrued costs, though able to do so, the judge shall have power
2265to deny that party the right to file any new case while such
2266costs remain unpaid and, likewise, to deny such litigant the
2267right to proceed further in any pending case pending.
2268     (4)(3)  In criminal proceedings in county courts, costs
2269shall be taxed against a person in county court upon conviction
2270or estreature pursuant to chapter 939.
2271     (5)(4)  Upon the institution of any appellate proceeding
2272from the county court to the circuit court, including any appeal
2273filed by a county or municipality, the clerk shall charge and
2274collect filing fees as provided in s. 28.241(2) there shall be
2275charged and collected from the party or parties instituting the
2276such appellate proceedings, including appeals filed by a county
2277or municipality, filing fees as provided in chapter 28. If the
2278party is determined to be indigent, the clerk shall defer
2279payment of the fee.
2280     (6)(5)  A charge or a fee may not be imposed upon a party
2281for responding by pleading, motion, or other paper to a civil or
2282criminal action, suit, or proceeding in a county court or to an
2283appeal to the circuit court.
2284     (7)(6)  For purposes of this section, the term "party"
2285"plaintiff" includes a county or municipality filing any civil
2286action.
2287     (8)  From each attorney appearing pro hac vice, the clerk
2288must collect a fee of $100 for deposit into the General Revenue
2289Fund.
2290     Section 32.  Section 34.045, Florida Statutes, is created
2291to read:
2292     34.045  Cost recovery; use of the county court for
2293ordinance or special law violations.--
2294     (1)(a)  In lieu of payment of a filing fee under s. 34.041,
2295a filing fee of $10 shall be paid by a county or municipality
2296when filing a violation of a county or municipal ordinance or a
2297violation of a special law in county court. This fee shall be
2298paid to the clerk of the court for performing court-related
2299functions.
2300     (b)  No other filing fee may be assessed for filing the
2301violation in county court. If a person contests the violation in
2302court, the court shall assess $40 in costs against the
2303nonprevailing party. The county or municipality shall be
2304considered the prevailing party when there is a finding of
2305violation to any count or lesser included offense of the charge.
2306Cost recovered pursuant to this paragraph shall be deposited
2307into the clerk's fine and forfeiture fund established pursuant
2308to s. 142.01.
2309     (2)  To offset costs incurred by the clerks of the court in
2310performing court-related functions associated with the
2311processing of violations of special laws and county and
2312municipal ordinances, 30 percent of the total amount of fines
2313paid to each county and municipality for special law or
2314ordinance violations filed in county court shall be directed to
2315the clerk of the court for deposit into the clerk's fine and
2316forfeiture fund established pursuant to s. 142.01, except for
2317fines a portion of which the clerk of the court retains pursuant
2318to any other provision of state law.
2319     Section 33.  Section 34.191, Florida Statutes, as amended
2320by chapter 2003-402, Laws of Florida, is amended to read:
2321     34.191  Fines and forfeitures; ordinance violations.--All
2322fines and forfeitures arising from offenses tried in the county
2323court shall be collected and accounted for by the clerk of the
2324court and disbursed to the appropriate entities in accordance
2325with ss. 28.2402, 34.045, 142.01, and 142.13 and are subject to
2326the provisions of s. 28.246(5). All fines and forfeitures
2327received from violations of municipal ordinances committed
2328within a municipality within the territorial jurisdiction of the
2329county court shall be paid monthly to the municipality except as
2330provided in s. 318.21 or s. 943.25. All other fines and
2331forfeitures collected by the clerk shall be considered income of
2332the office of the clerk for use in performing court-related
2333duties of the office.
2334     Section 34.  Subsection (3) of section 35.22, Florida
2335Statutes, is amended to read:
2336     35.22  Clerk of district court; appointment; compensation;
2337assistants; filing fees; teleconferencing.--
2338     (3)  The clerk, upon the filing of a certified copy of a
2339notice of appeal or petition, shall charge and collect a filing
2340fee service charge of $250 for each case docketed, and service
2341charges as provided in s. 28.24 for copying, certifying or
2342furnishing opinions, records, papers or other instruments and
2343for other services the same service charges as provided in s.
234428.24. The State of Florida or its agencies, when appearing as
2345appellant or petitioner, is exempt from the filing fee required
2346in this subsection. The clerk shall collect from each attorney
2347appearing pro hac vice the fee imposed by the Supreme Court
2348pursuant to s. 25.241.
2349     Section 35.  Section 39.0134, Florida Statutes, as amended
2350by chapter 2003-402, Laws of Florida, is amended to read:
2351     39.0134  Appointed counsel; compensation.--If counsel is
2352entitled to receive compensation for representation pursuant to
2353a court appointment in a dependency proceeding or a termination
2354of parental rights proceeding pursuant to this chapter,
2355compensation shall be paid in accordance with s. 27.5304. The
2356state may acquire and enforce a lien upon court-ordered payment
2357of attorney's fees and costs in accordance with s. 984.08.
2358     Section 36.  Section 40.29, Florida Statutes, as amended by
2359chapter 2003-402, Laws of Florida, is amended to read:
2360     40.29  Payment of Clerks to make estimates and requisitions
2361for certain due process costs.--
2362     (1)(a)  Each clerk of the circuit court, on behalf of the
2363courts, the state attorney, and the public defender shall
2364forward to the Justice Administrative Commission, by county, a
2365quarterly estimate of funds necessary to pay for witnesses,
2366except for expert witnesses paid pursuant to a contract or other
2367professional services agreement, pursuant to ss. 29.005 and
236829.006.
2369     (b)  Each clerk of the circuit court shall forward to the
2370Office of the State Courts Administrator, by county, a quarterly
2371estimate of funds necessary to pay juror compensation. The clerk
2372of the court in and for any county shall make an estimate of the
2373amount necessary during any quarterly fiscal period beginning
2374July 1 and during each succeeding quarterly fiscal period for
2375the payment by the state of juror compensation and expenses;
2376court reporter, interpreter, and translator services; witnesses,
2377including expert witnesses; mental health professionals; and
2378private court-appointed counsel, each in accordance with the
2379applicable requirements of ss. 29.005, 29.006, and 29.007. The
2380clerk of such court shall forward each such estimate to the
2381Justice Administrative Commission no later than the date
2382scheduled by the Justice Administrative Commission. At the time
2383of any forwarding of such estimate, the clerk of such court
2384shall make a requisition upon the Justice Administrative
2385Commission for the amount of such estimate; and the Justice
2386Administrative Commission may reduce the amount upon finding
2387that the costs are unreasonable, inconsistent with applicable
2388contractual terms, or inconsistent with compensation standards
2389established by general law.
2390     (2)  Upon receipt of an estimate pursuant to subsection
2391(1), the Justice Administrative Commission or Office of State
2392Courts Administrator, as applicable, shall endorse the amount
2393deemed necessary for payment by the clerk of the court during
2394the quarterly fiscal period and shall submit a request for
2395payment to the Chief Financial Officer. The provisions of
2396chapter 82-176, Laws of Florida, shall take effect July 1, 1982,
2397except that those provisions which provide for the state
2398assumption of witness fees which are currently paid by the
2399counties shall take effect on a date determined by the
2400appropriation of funds for this purpose.
2401     (3)  Upon receipt of the funds from the Chief Financial
2402Officer, the clerk of the court shall pay all invoices approved
2403and submitted by the state attorney, public defender, and
2404circuit court administrator for the items enumerated in
2405paragraphs (1)(a) and (b).
2406     (4)  After review for compliance with the rates and
2407requirements set by the circuit Article V indigent services
2408committees, the Article V Indigent Services Advisory Board, and
2409other applicable general laws, the Justice Administrative
2410Commission shall pay all due process service related invoices,
2411except those enumerated in paragraphs (1)(a) and (b), approved
2412and submitted by the state attorney, public defender, or court
2413appointed counsel in accordance with the applicable requirements
2414of ss. 29.005, 29.006, and 29.007.
2415     Section 37.  Section 40.32, Florida Statutes, is amended to
2416read:
2417     40.32  Clerks to disburse money.--All moneys drawn from the
2418treasury under the provisions of this chapter by the clerk of
2419the court shall be disbursed by the clerk of the court as far as
2420needed in payment of jurors and witnesses, except for expert
2421witnesses paid pursuant to a contract or other professional
2422services agreement pursuant to ss. 29.004, 29.005, 29.006, and
242329.007, for the legal compensation for service during the
2424quarterly fiscal period for which said moneys were drawn and for
2425no other purposes. Jurors and witnesses shall be paid by the
2426clerk of the court either in cash or by warrant within 20 days
2427after completion of jury service or of completion of service as
2428a witness. Whenever the clerk of the court pays a juror or
2429witness by cash, said juror or witness shall sign the payroll in
2430the presence of the clerk, a deputy clerk, or some other person
2431designated by the clerk. Whenever the clerk pays a juror or
2432witness by warrant, he or she shall endorse on the payroll
2433opposite the juror's or witness's name the words "Paid by
2434warrant," giving the number and date of the warrant.
2435     Section 38.  Section 40.33, Florida Statutes, is amended to
2436read:
2437     40.33  Deficiency.--If the funds required for payment of
2438the items enumerated in s. 40.29(1)(a) or (b) in any county
2439compensation of jurors and witnesses during a quarterly fiscal
2440period exceeds the amount of the funds provided pursuant to s.
244140.29(3) estimated by the clerk of the court and therefore is
2442insufficient to pay in full the jurors and witnesses, the state
2443attorney or public defender, as applicable, clerk of the court
2444shall make a further request requisition upon the Justice
2445Administrative Commission for the items enumerated in s.
244640.29(1)(a) or the clerk of court shall make a further request
2447upon the Office of the State Courts Administrator for items
2448enumerated in s. 40.29(1)(b) for the amount necessary to allow
2449for full payment pay such default, and the amount required shall
2450be transmitted to the clerk of the court by warrant issued by
2451the Chief Financial Officer in the same manner as the original
2452requisition or order.
2453     Section 39.  Section 40.361, Florida Statutes, is created
2454to read:
2455     40.361  Applicability of laws regarding state budgeting and
2456finances.--The requirements contained within chapter 216,
2457including the provisions of s. 216.192 related to release of
2458funds, chapter 29, including ss. 29.015 and 29.016 related to
2459use of contingency funds for due process services, and all other
2460laws of this state relating to state budgeting and financing
2461shall apply to all processes authorized or required under this
2462chapter for the payment of the items enumerated in s.
246340.29(1)(a) and (b).
2464     Section 40.  Subsection (3) of section 44.103, Florida
2465Statutes, is amended to read:
2466     44.103  Court-ordered, nonbinding arbitration.--
2467     (3)  Arbitrators shall be selected and compensated in
2468accordance with rules adopted by the Supreme Court. Arbitrators
2469shall may be compensated by the county or by the parties, or,
2470upon a finding by the court that a party is indigent, an
2471arbitrator may be partially or fully compensated from state
2472funds according to the party's present ability to pay. Prior to
2473approving the use of state funds to reimburse an arbitrator, the
2474court must ensure that the party reimburses the portion of the
2475total cost that the party is immediately able to pay and that
2476the party has agreed to a payment plan established by the clerk
2477of the court that will fully reimburse the state for the balance
2478of all state costs for both the arbitrator and any costs of
2479administering the payment plan and any collection efforts that
2480may be necessary in the future. Compensation for arbitrators
2481shall not exceed $200 per day, unless otherwise agreed by the
2482parties and approved by the court. Whenever possible, qualified
2483individuals who have volunteered their time to serve as
2484arbitrators shall be appointed. If an arbitration program is
2485funded pursuant to s. 44.108, volunteer arbitrators shall be
2486entitled to be reimbursed pursuant to s. 112.061 for all actual
2487expenses necessitated by service as an arbitrator.
2488     Section 41.  Section 44.108, Florida Statutes, as amended
2489by chapter 2003-402, Laws of Florida, is amended to read:
2490     44.108  Funding of mediation and arbitration.--
2491     (1)  Mediation and arbitration should be accessible to all
2492parties regardless of financial status. A filing fee of $1 is
2493levied on all proceedings in the circuit or county courts to
2494fund mediation and arbitration services which are the
2495responsibility of the Supreme Court pursuant to the provisions
2496of s. 44.106. The clerk of the court shall forward the moneys
2497collected to the Department of Revenue for deposit in the state
2498courts' Mediation and Arbitration Trust Fund.
2499     (2)  When court-ordered mediation services are provided by
2500a circuit court's mediation program, the following fees, unless
2501otherwise established in the General Appropriations Act, shall
2502be collected by the clerk of court:
2503     (a)  Eighty dollars per person per session in family
2504mediation when the parties' combined income is greater than
2505$50,000, but less than $100,000 per year;
2506     (b)  Forty dollars per person per session in family
2507mediation when the parties' combined income is less than
2508$50,000; or
2509     (c)  Fifty dollars per person per session in county court
2510cases.
2511
2512No mediation fees shall be assessed under this subsection in
2513eviction cases, against a party found to be indigent, or for any
2514small claims action. Fees collected by the clerk of court
2515pursuant to this section shall be used to fund court-ordered
2516mediation. The clerk of court may deduct $1 per fee assessment
2517for processing this fee.
2518     Section 42.  Subsection (1) of section 45.031, Florida
2519Statutes, is amended to read:
2520     45.031  Judicial sales procedure.--In any sale of real or
2521personal property under an order or judgment, the following
2522procedure may be followed as an alternative to any other sale
2523procedure if so ordered by the court:
2524     (1)  SALE BY CLERK.--In the order or final judgment, the
2525court shall direct the clerk to sell the property at public sale
2526on a specified day that shall be not less than 20 days or more
2527than 35 days after the date thereof, on terms and conditions
2528specified in the order or judgment. A sale may be held more than
252935 days after the date of final judgment or order if the
2530plaintiff or plaintiff's attorney consents to such time. Any
2531sale held more than 35 days after the final judgment or order
2532shall not affect the validity or finality of the final judgment
2533or order or any sale held pursuant thereto. Notice of sale shall
2534be published once a week for 2 consecutive weeks in a newspaper
2535of general circulation, as defined in chapter 50, published in
2536the county where the sale is to be held. The second publication
2537shall be at least 5 days before the sale. The notice shall
2538contain:
2539     (a)  A description of the property to be sold.
2540     (b)  The time and place of sale.
2541     (c)  A statement that the sale will be made pursuant to the
2542order or final judgment.
2543     (d)  The caption of the action.
2544     (e)  The name of the clerk making the sale.
2545
2546The clerk shall receive a service charge of up to $60 $40 for
2547services in making, recording, and certifying the sale and title
2548that shall be assessed as costs. The court, in its discretion,
2549may enlarge the time of the sale. Notice of the changed time of
2550sale shall be published as provided herein.
2551     Section 43.  Section 50.0711, Florida Statutes, is created
2552to read:
2553     50.0711  Court docket fund; service charges;
2554publications.--
2555     (1)  The clerk of the court in each county may establish a
2556court docket fund for the purpose of paying the cost of
2557publication of the fact of the filing of any civil case in the
2558circuit court of the county by the style and of the calendar
2559relating to such cases. This court docket fund shall be funded
2560by a service charge of $1 added to the filing fee for all civil
2561actions, suits, or proceedings filed in the circuit court of the
2562county. The clerk shall maintain such funds separate and apart,
2563and the proceeds from the service charge shall not be diverted
2564to any other fund or for any purpose other than that established
2565in this section. The clerk of the court shall dispense the fund
2566to the designated record newspaper in the county on a quarterly
2567basis.
2568     (2)  A newspaper qualified under the terms of s. 50.011
2569shall be designated as the record newspaper for such publication
2570by an order of the majority of the judges in the judicial
2571circuit in which such county is located, and such order shall be
2572filed and recorded with the clerk of the circuit court for such
2573county. The designated record newspaper may be changed at the
2574end of any fiscal year of the county by a majority vote of the
2575judges of the judicial circuit of the county ordering such
2576change 30 days prior to the end of the fiscal year, notice of
2577which order shall be given to the previously designated record
2578newspaper.
2579     (3)  The publishers of any designated record newspapers
2580receiving payment from this court docket fund shall publish,
2581without additional charge, the fact of the filing of any civil
2582case, suit, or action filed in such county in the circuit. Such
2583publication shall be in accordance with a schedule agreed upon
2584between the record newspaper and the clerk of the court in such
2585county.
2586     (4)  The publishers of any designated record newspapers
2587receiving revenues from the court docket fund established in
2588subsection (1) shall, without charge, accept legal
2589advertisements for the purpose of service of process by
2590publication under s. 49.011(4), (10), and (11) when such
2591publication is required of persons authorized to proceed as
2592indigent persons under s. 57.081.
2593     Section 44.  Subsection (5) of section 55.10, Florida
2594Statutes, as amended by chapter 2003-402, Laws of Florida, is
2595amended to read:
2596     55.10  Judgments, orders, and decrees; lien of all,
2597generally; extension of liens; transfer of liens to other
2598security.--
2599     (5)  Any lien claimed under this section may be
2600transferred, by any person having an interest in the real
2601property upon which the lien is imposed or the contract under
2602which the lien is claimed, from such real property to other
2603security by either depositing in the clerk's office a sum of
2604money or filing in the clerk's office a bond executed as surety
2605by a surety insurer licensed to do business in this state. Such
2606deposit or bond shall be in an amount equal to the amount
2607demanded in such claim of lien plus interest thereon at the
2608legal rate for 3 years plus $500 to apply on any court costs
2609which may be taxed in any proceeding to enforce said lien. Such
2610deposit or bond shall be conditioned to pay any judgment, order,
2611or decree which may be rendered for the satisfaction of the lien
2612for which such claim of lien was recorded and costs plus $500
2613for court costs. Upon such deposit being made or such bond being
2614filed, the clerk shall make and record a certificate showing the
2615transfer of the lien from the real property to the security and
2616mail a copy thereof by registered or certified mail to the
2617lienor named in the claim of lien so transferred, at the address
2618stated therein. Upon the filing of the certificate of transfer,
2619the real property shall thereupon be released from the lien
2620claimed, and such lien shall be transferred to said security.
2621The clerk shall be entitled to a service charge fee of up to $15
2622for making and serving the certificate. If the transaction
2623involves the transfer of multiple liens, an additional service
2624charge of up to $7.50 for each additional lien shall be charged.
2625Any number of liens may be transferred to one such security.
2626     Section 45.  Subsection (2) of section 55.141, Florida
2627Statutes, as amended by chapter 2003-402, Laws of Florida, is
2628amended to read:
2629     55.141  Satisfaction of judgments and decrees; duties of
2630clerk and judge.--
2631     (2)  Upon such payment, the clerk, or the judge if there is
2632no clerk, shall issue his or her receipt therefor and shall
2633record a satisfaction of judgment, provided by the judgment
2634holder, upon payment of the recording charge prescribed in s.
263528.24(15)(12) plus the necessary costs of mailing to the clerk
2636or judge. The clerk or judge shall formally notify the owner of
2637record of such judgment or decree, if such person and his or her
2638address are known to the clerk or judge receiving such payment,
2639and, upon request therefor, shall pay over to the person
2640entitled, or to his or her order, the full amount of the payment
2641so received, less his or her service charge fees for providing a
2642receipt upon the court issuing a writ of execution on such
2643judgment or decree, if any has been issued, and less his or her
2644service charge fees for receiving into and paying out of the
2645registry of the court such payment, together with the service
2646charge fees of the clerk for receiving into and paying such
2647money out of the registry of the court.
2648     Section 46.  Subsections (2), (3), (4), and (5) of section
264957.085, Florida Statutes, as amended by chapter 2003-402, Laws
2650of Florida, are amended to read:
2651     57.085  Deferral Waiver of prepayment of court costs and
2652fees for indigent prisoners.--
2653     (2)  When a prisoner who is intervening in or initiating a
2654judicial proceeding seeks to defer the prepayment of court costs
2655and fees because of indigence, the prisoner must file an
2656affidavit of indigence with the appropriate clerk of the court.
2657The affidavit must contain complete information about the
2658prisoner's identity; the nature and amount of the prisoner's
2659income; all real property owned by the prisoner; all tangible
2660and intangible property worth more than $100 which is owned by
2661the prisoner; the amount of cash held by the prisoner; the
2662balance of any checking, savings, or money market account held
2663by the prisoner; the prisoner's dependents, including their
2664names and ages; the prisoner's debts, including the name of each
2665creditor and the amount owed to each creditor; and the
2666prisoner's monthly expenses. The prisoner must certify in the
2667affidavit whether the prisoner has been adjudicated indigent
2668under this section, certified indigent under s. 57.081, or
2669authorized to proceed as an indigent under 28 U.S.C. s. 1915 by
2670a federal court. The prisoner must attach to the affidavit a
2671photocopy of the prisoner's trust account records for the
2672preceding 6 months or for the length of the prisoner's
2673incarceration, whichever period is shorter. The affidavit must
2674contain the following statements: "I am presently unable to pay
2675court costs and fees. Under penalty of perjury, I swear or
2676affirm that all statements in this affidavit are true and
2677complete."
2678     (3)  Before a prisoner may receive a deferral of prepayment
2679of any court costs and fees for an action brought under this
2680section, the clerk of court must review the affidavit and
2681determine certify the prisoner to be is indigent.
2682     (4)  When the clerk has found the prisoner to be indigent
2683issued a certificate of indigence under this section but
2684concludes the prisoner is able to pay part of the court costs
2685and fees required by law, the court shall order the prisoner to
2686make, prior to service of process, an initial partial payment of
2687those court costs and fees. The initial partial payment must
2688total at least 20 percent of the average monthly balance of the
2689prisoner's trust account for the preceding 6 months or for the
2690length of the prisoner's incarceration, whichever period is
2691shorter.
2692     (5)  When the clerk has found the prisoner to be indigent
2693issued a certificate of indigence under this section, the court
2694shall order the prisoner to make monthly payments of no less
2695than 20 percent of the balance of the prisoner's trust account
2696as payment of court costs and fees. When a court orders such
2697payment, the Department of Corrections or the local detention
2698facility shall place a lien on the inmate's trust account for
2699the full amount of the court costs and fees, and shall withdraw
2700money maintained in that trust account and forward the money,
2701when the balance exceeds $10, to the appropriate clerk of the
2702court until the prisoner's court costs and fees are paid in
2703full.
2704     Section 47.  Paragraphs (b), (d), (e), and (f) of
2705subsection (6) of section 61.14, Florida Statutes, as amended by
2706chapter 2003-402, Laws of Florida, are amended to read:
2707     61.14  Enforcement and modification of support,
2708maintenance, or alimony agreements or orders.--
2709     (6)
2710     (b)1.  When an obligor is 15 days delinquent in making a
2711payment or installment of support and the amount of the
2712delinquency is greater than the periodic payment amount ordered
2713by the court, the local depository shall serve notice on the
2714obligor informing him or her of:
2715     a.  The delinquency and its amount.
2716     b.  An impending judgment by operation of law against him
2717or her in the amount of the delinquency and all other amounts
2718which thereafter become due and are unpaid, together with costs
2719and a service charge fee of up to $7.50 $5, for failure to pay
2720the amount of the delinquency.
2721     c.  The obligor's right to contest the impending judgment
2722and the ground upon which such contest can be made.
2723     d.  The local depository's authority to release information
2724regarding the delinquency to one or more credit reporting
2725agencies.
2726     2.  The local depository shall serve the notice by mailing
2727it by first class mail to the obligor at his or her last address
2728of record with the local depository. If the obligor has no
2729address of record with the local depository, service shall be by
2730publication as provided in chapter 49.
2731     3.  When service of the notice is made by mail, service is
2732complete on the date of mailing.
2733     (d)  The court shall hear the obligor's motion to contest
2734the impending judgment within 15 days after the date of the
2735filing of the motion. Upon the court's denial of the obligor's
2736motion, the amount of the delinquency and all other amounts
2737which thereafter become due, together with costs and a service
2738charge fee of up to $7.50, become a final judgment by operation
2739of law against the obligor. The depository shall charge interest
2740at the rate established in s. 55.03 on all judgments for
2741support.
2742     (e)  If the obligor fails to file a motion to contest the
2743impending judgment within the time limit prescribed in paragraph
2744(c) and fails to pay the amount of the delinquency and all other
2745amounts which thereafter become due, together with costs and a
2746service charge fee of up to $7.50, such amounts become a final
2747judgment by operation of law against the obligor at the
2748expiration of the time for filing a motion to contest the
2749impending judgment.
2750     (f)1.  Upon request of any person, the local depository
2751shall issue, upon payment of a service charge fee of up to
2752$7.50, a payoff statement of the total amount due under the
2753judgment at the time of the request. The statement may be relied
2754upon by the person for up to 30 days from the time it is issued
2755unless proof of satisfaction of the judgment is provided.
2756     2.  When the depository records show that the obligor's
2757account is current, the depository shall record a satisfaction
2758of the judgment upon request of any interested person and upon
2759receipt of the appropriate recording fee. Any person shall be
2760entitled to rely upon the recording of the satisfaction.
2761     3.  The local depository, at the direction of the
2762department, or the obligee in a non-IV-D case, may partially
2763release the judgment as to specific real property, and the
2764depository shall record a partial release upon receipt of the
2765appropriate recording fee.
2766     4.  The local depository is not liable for errors in its
2767recordkeeping, except when an error is a result of unlawful
2768activity or gross negligence by the clerk or his or her
2769employees.
2770     Section 48.  Paragraph (b) of subsection (2) of section
277161.181, Florida Statutes, as amended by chapter 2003-402, Laws
2772of Florida, is amended to read:
2773     61.181  Depository for alimony transactions, support,
2774maintenance, and support payments; fees.--
2775     (2)
2776     (b)1.  For the period of July 1, 1992, through June 30,
27772004, The fee imposed in paragraph (a) shall be increased to 4
2778percent of the support payments which the party is obligated to
2779pay, except that no fee shall be more than $5.25. The fee shall
2780be considered by the court in determining the amount of support
2781that the obligor is, or may be, required to pay. Notwithstanding
2782the provisions of s. 145.022, 75 percent of the additional
2783revenues generated by this paragraph shall be remitted monthly
2784to the Clerk of the Court Child Support Enforcement Collection
2785System Trust Fund administered by the department as provided in
2786subparagraph 2. These funds shall be used exclusively for the
2787development, implementation, and operation of the Clerk of the
2788Court Child Support Enforcement Collection System to be operated
2789by the depositories, including the automation of civil case
2790information necessary for the State Case Registry. The
2791department shall contract with the Florida Association of Court
2792Clerks and the depositories to design, establish, operate,
2793upgrade, and maintain the automation of the depositories to
2794include, but not be limited to, the provision of on-line
2795electronic transfer of information to the IV-D agency as
2796otherwise required by this chapter. The department's obligation
2797to fund the automation of the depositories is limited to the
2798state share of funds available in the Clerk of the Court Child
2799Support Enforcement Collection System Trust Fund. Each
2800depository created under this section shall fully participate in
2801the Clerk of the Court Child Support Enforcement Collection
2802System and transmit data in a readable format as required by the
2803contract between the Florida Association of Court Clerks and the
2804department.
2805     2.  Moneys to be remitted to the department by the
2806depository shall be done daily by electronic funds transfer and
2807calculated as follows:
2808     a.  For each support payment of less than $33, 18.75 cents.
2809     b.  For each support payment between $33 and $140, an
2810amount equal to 18.75 percent of the fee charged.
2811     c.  For each support payment in excess of $140, 18.75
2812cents.
2813     3.  The fees established by this section shall be set forth
2814and included in every order of support entered by a court of
2815this state which requires payment to be made into the
2816depository.
2817     Section 49.  Subsections (1) and (2) of section 125.69,
2818Florida Statutes, as amended by chapter 2003-402, Laws of
2819Florida, are amended, subsections (3), (4), and (5) of said
2820section are renumbered as subsections (2), (3), and (4),
2821respectively, and present subsections (3) and (4) of said
2822section are amended, to read:
2823     125.69  Penalties; enforcement by code inspectors.--
2824     (1)  Violations of county ordinances shall be prosecuted in
2825the same manner as misdemeanors are prosecuted. Such violations
2826shall be prosecuted in the name of the state county in a court
2827having jurisdiction of misdemeanors by the prosecuting attorney
2828thereof and upon conviction shall be punished by a fine not to
2829exceed $500 or by imprisonment in the county jail not to exceed
283060 days or by both such fine and imprisonment. However, a county
2831may specify, by ordinance, a violation of a county ordinance
2832which is punishable by a fine in an amount exceeding $500, but
2833not exceeding $2,000 a day, if the county must have authority to
2834punish a violation of that ordinance by a fine in an amount
2835greater than $500 in order for the county to carry out a
2836federally mandated program.
2837     (2)  For the purpose of prosecuting violations of special
2838laws and county ordinances notwithstanding the prosecutorial
2839authority of the state attorney pursuant to s. 27.02(1), the
2840board of county commissioners of each county and the governing
2841board of each charter county may designate as the county's
2842prosecuting attorney an attorney employed by the county or a
2843contract attorney. Subject to the control and oversight of the
2844appointing authority, such attorney may employ assistants as
2845necessary. Such person shall have all powers exercisable by the
2846state attorney in the prosecution of violations of county
2847ordinances under this section as of June 30, 2004. Such person
2848shall be subject to suspension and removal by the Governor and
2849Senate from the exercise of prosecutorial powers in the same
2850manner as state attorneys.
2851     (2)(3)  Each county is authorized and required to pay any
2852attorney appointed by the court to represent a defendant charged
2853with a criminal violation of a special law or county ordinance
2854not ancillary to a state charge prosecuted under this section if
2855the defendant is indigent and otherwise entitled to court-
2856appointed counsel under provision of an attorney at public
2857expense is required by the Constitution of the United States or
2858the Constitution of the State of Florida and if the party is
2859indigent as established pursuant to s. 27.52. In these such
2860cases, the court shall appoint counsel to represent the
2861defendant in accordance with s. 27.40, and shall order the
2862county to pay the reasonable attorney's fees, expenses, and
2863costs, and related expenses of the of such defense. The county
2864may contract with the public defender of the judicial circuit in
2865which the county is located to serve as court-appointed counsel
2866pursuant to s. 27.54.
2867     (3)(4)  The county shall bear all court fees and costs of
2868any prosecution under this section, and may, If the county is
2869the prevailing party it prevails, the county may recover the
2870court fees and costs paid by it and the fees and expenses paid
2871to court-appointed counsel as part of its judgment. The state
2872shall bear no expense of actions brought under this section
2873except those that it would bear in an ordinary civil action
2874between private parties in county court.
2875     Section 50.  Subsection (3) of section 129.02, Florida
2876Statutes, is amended to read:
2877     129.02  Requisites of budgets.--Each budget shall conform
2878to the following specific directions and requirements:
2879     (3)  The budget for the county fine and forfeiture fund
2880budget shall contain an estimate of receipts by source and
2881balances as provided herein, and an itemized estimate of
2882expenditures that need to be incurred to carry on all criminal
2883prosecution as provided in s. 142.01, and all other law
2884enforcement functions and activities of the county now or
2885hereafter authorized by law, and of indebtedness of the county
2886fine and forfeiture fund; also of the reserve for contingencies
2887and the balance, as hereinbefore provided, which should be
2888carried forward at the end of the year.
2889     Section 51.  Section 142.01, Florida Statutes, as amended
2890by chapter 2003-402, Laws of Florida, is amended to read:
2891     142.01  Fine and forfeiture fund; clerk of the circuit
2892court.--There shall be established by the clerk of the circuit
2893court in each county of this state a separate fund to be known
2894as the fine and forfeiture fund for use by the clerk of the
2895circuit court in performing court-related functions. The fund
2896shall consist of the following:
2897     (1)  Fines and penalties pursuant to ss. 28.2402(2),
289834.045(2), 316.193, 327.35, 327.72, 372.72(1), and 775.083(1).
2899     (2)  That portion of civil penalties directed to this fund
2900pursuant to s. 318.21.
2901     (3)  Court costs pursuant to ss. 28.2402(1)(b),
290234.045(1)(b), 318.14(10)(b), 318.18(11)(a), 327.73(9)(a) and
2903(11)(a), and 938.05(3).
2904     (4)  Proceeds from forfeited bail bonds or recognizances
2905pursuant to ss. 321.05(4)(a), 372.72(1), and 903.26(3)(a) all
2906fines and forfeitures collected by the clerk of the court for
2907violations of the penal or traffic laws of the state, except
2908those fines imposed under s. 775.0835(1); allocations of court
2909costs and civil penalties pursuant to ss. 318.18 and 318.21;
2910assessments imposed under ss. 938.21, 938.23, and 938.25; and
2911all costs refunded to the county.
2912     Section 52.  Section 142.03, Florida Statutes, as amended
2913by chapter 2003-402, Laws of Florida, is amended to read:
2914     142.03  Disposition of fines, forfeitures, and civil
2915penalties to municipalities.--Except as to Fines, forfeitures,
2916and civil penalties collected in cases involving violations of
2917municipal ordinances, violations of chapter 316 committed within
2918a municipality, or infractions under the provisions of chapter
2919318 committed within a municipality, in which cases such fines,
2920forfeitures, and civil penalties shall be fully paid in full
2921each month monthly to the appropriate municipality as provided
2922in ss. 28.2402, 34.045 34.191, 316.660, and 318.21, and except
2923as to fines imposed under s. 775.0835(1), and assessments
2924imposed under ss. 938.21, 938.23, and 938.25, all fines imposed
2925under the penal laws of this state in all other cases, and the
2926proceeds of all forfeited bail bonds or recognizances in all
2927other cases, shall be paid into the fine and forfeiture fund of
2928the clerk of the county in which the indictment was found or the
2929prosecution commenced, and judgment must be entered therefor in
2930favor of the state for the use by the clerk of the circuit court
2931in performing court-related functions.
2932     Section 53.  Section 142.09, Florida Statutes, is amended
2933to read:
2934     142.09  If defendant is not convicted or dies.--If the
2935defendant is not convicted, or the prosecution is abated by the
2936death of the defendant, or if the costs are imposed on the
2937defendant and execution against him or her is returned no
2938property found, or if a nolle prosse be entered, in each of
2939these cases the fees of witnesses and officers arising from
2940criminal causes shall be paid by the state county in the manner
2941specified in s. 40.29 ss. 142.10-142.12; provided, that when a
2942committing magistrate holds to bail or commits a person to
2943answer to a criminal charge and an information is not filed or
2944an indictment found against such person, the costs and fees of
2945such committing trial shall not be paid by the state county,
2946except the costs of executing the warrants.
2947     Section 54.  Subsection (3) is added to section 218.245,
2948Florida Statutes, to read:
2949     218.245  Revenue sharing; apportionment.--
2950     (3)  Revenues attributed to the increase in distribution to
2951the Revenue Sharing Trust Fund for Municipalities pursuant to s.
2952212.20(6)(d)6. from 1.0715 percent to 1.3409 percent provided in
2953chapter 2003-402, Laws of Florida, shall be distributed to each
2954eligible municipality and any unit of local government which is
2955consolidated as provided by s. 9, Article VIII of the State
2956Constitution of 1885, as preserved by s. 6(e), Art. VIII, 1968
2957revised constitution, as follows: each eligible local
2958government's allocation shall be based on the amount it received
2959from the half-cent sales tax under s. 218.61 in the prior state
2960fiscal year divided by the total receipts under s. 218.61 in the
2961prior state fiscal year for all eligible local governments. For
2962eligible municipalities that began participating in the
2963allocation of half-cent sales tax under s. 218.61 in the
2964previous state fiscal year, their annual receipts shall be
2965calculated by dividing their actual receipts by the number of
2966months they participated, and the result multiplied by 12.
2967     Section 55.  Subsection (4) of section 218.25, Florida
2968Statutes, as amended by chapter 2003-402, Laws of Florida, is
2969amended to read:
2970     218.25  Limitation of shared funds; holders of bonds
2971protected; limitation on use of second guaranteed entitlement
2972for counties.--
2973     (4)  Notwithstanding subsections (1) and (2), a local
2974government may assign, pledge, or set aside as a trust for the
2975payment of principal or interest on bonds, tax anticipation
2976certificates, or any other form of indebtedness an amount of up
2977to 50 percent of the funds received in the prior year and, in
2978the case of any county as defined in s. 125.011(1), from the
2979amounts received from the Revenue Sharing Trust Fund for
2980Counties, an additional amount equal to the amount necessary to
2981secure payment of the principal and interest on bonds issued by
2982the county before July 1, 2003, to finance state court
2983facilities until the date of stated maturity.
2984     Section 56.  Paragraph (b) of subsection (10) of section
2985318.14, Florida Statutes, is amended to read:
2986     318.14  Noncriminal traffic infractions; exception;
2987procedures.--
2988     (10)
2989     (b)  Any person cited for an offense listed in this
2990subsection shall present proof of compliance prior to the
2991scheduled court appearance date. For the purposes of this
2992subsection, proof of compliance shall consist of a valid,
2993renewed, or reinstated driver's license or registration
2994certificate and proper proof of maintenance of security as
2995required by s. 316.646. Notwithstanding waiver of fine, any
2996person establishing proof of compliance shall be assessed court
2997costs of $22, except that a person charged with violation of s.
2998316.646(1)-(3) may be assessed court costs of $7. One dollar of
2999such costs shall be remitted to the Department of Revenue for
3000deposit into the Child Welfare Training Trust Fund of the
3001Department of Children and Family Services. One dollar of such
3002costs shall be distributed to the Department of Juvenile Justice
3003for deposit into the Juvenile Justice Training Trust Fund.
3004Twelve dollars of such costs shall be distributed to the
3005municipality and $8 shall be deposited by the clerk of the court
3006into the fine and forfeiture fund established pursuant to s.
3007142.01 retained by the county, if the offense was committed
3008within the municipality. If the offense was committed in an
3009unincorporated area of a county or if the citation was for a
3010violation of s. 316.646(1)-(3), the county shall retain the
3011entire amount shall be deposited by the clerk of the court into
3012the fine and forfeiture fund established pursuant to s. 142.01,
3013except for the moneys to be deposited into the Child Welfare
3014Training Trust Fund and the Juvenile Justice Training Trust
3015Fund. This subsection shall not be construed to authorize the
3016operation of a vehicle without a valid driver's license, without
3017a valid vehicle tag and registration, or without the maintenance
3018of required security.
3019     Section 57.  Subsection (2) of section 318.15, Florida
3020Statutes, as amended by chapter 2003-402, Laws of Florida, is
3021amended to read:
3022     318.15  Failure to comply with civil penalty or to appear;
3023penalty.--
3024     (2)  After suspension of the driver's license and privilege
3025to drive of a person under subsection (1), the license and
3026privilege may not be reinstated until the person complies with
3027all obligations and penalties imposed on him or her under s.
3028318.18 and presents to a driver license office a certificate of
3029compliance issued by the court, together with a nonrefundable
3030service charge fee of up to $47.50 $37.50 imposed under s.
3031322.29, or presents a certificate of compliance and pays the
3032aforementioned service charge fee of up to $47.50 $37.50 to the
3033clerk of the court or tax collector clearing such suspension. Of
3034the charge collected by the clerk of the court or the tax
3035collector, $10 shall be remitted to the Department of Revenue to
3036be deposited into the Highway Safety Operating Trust Fund. Such
3037person shall also be in compliance with requirements of chapter
3038322 prior to reinstatement.
3039     Section 58.  Paragraph (a) of subsection (11) of section
3040318.18, Florida Statutes, as amended by chapter 2003-402, Laws
3041of Florida, is amended, and subsection (13) is added to said
3042section, to read:
3043     318.18  Amount of civil penalties.--The penalties required
3044for a noncriminal disposition pursuant to s. 318.14 are as
3045follows:
3046     (11)(a)  Court costs that are to be In addition to the
3047stated fine, court costs must be paid in an amount not less than
3048the following amounts and shall be deposited by the clerk into
3049the fine and forfeiture fund established pursuant to s. 142.01:
3050
3051For pedestrian infractions          $ 3.
3052For nonmoving traffic infractions          $
305316.
3054For moving traffic infractions          $
305530.
3056     (13)  In addition to any penalties imposed for noncriminal
3057traffic infractions pursuant to chapter 318 or imposed for
3058criminal violations listed in s. 318.17, a board of county
3059commissioners may impose by ordinance a surcharge of up to $15
3060for any infraction or violation for the exclusive purpose of
3061securing payment of the principal and interest on bonds issued
3062by the county to finance state court facilities until the date
3063of stated maturity. The court shall not waive this surcharge.
3064The bonds may be refunded only if savings will be realized on
3065payments of debt service and the refunding bonds are scheduled
3066to mature on the same date or before the bonds being refunded.
3067     Section 59.  Paragraphs (a), (g), and (h) of subsection (2)
3068and paragraphs (a) and (b) of subsection (3) of section 318.21,
3069Florida Statutes, as amended by chapter 2003-402, Laws of
3070Florida, are amended to read:
3071     318.21  Disposition of civil penalties by county
3072courts.--All civil penalties received by a county court pursuant
3073All civil penalties received by a county court pursuant to the
3074provisions of this chapter shall be distributed and paid monthly
3075as follows:
3076     (2)  Of the remainder:
3077     (a)  Twenty and six-tenths percent shall be remitted to the
3078Department of Revenue for deposit into the General Revenue Fund
3079of the state, except that the first $300,000 shall be deposited
3080into the Grants and Donations Trust Fund in the Justice
3081Administrative Commission state courts system for administrative
3082costs, training costs, and costs associated with the
3083implementation and maintenance of Florida foster care citizen
3084review panels in a constitutional charter county as provided for
3085in s. 39.702.
3086     (g)1.  If the violation occurred within a municipality or a
3087special improvement district of the Seminole Indian Tribe or
3088Miccosukee Indian Tribe, 56.4 percent shall be paid to that
3089municipality or special improvement district and 8.4 percent
3090shall be deposited into the fine and forfeiture fund established
3091pursuant to s. 142.01.
3092     2.  If the violation occurred within a municipality, 48
3093percent shall be paid to that municipality and 8.4 percent shall
3094be deposited to the fine and forfeiture trust fund established
3095pursuant to s. 142.01.
3096     3.2.  If the violation occurred within the unincorporated
3097area of a county that is not within a special improvement
3098district of the Seminole Indian Tribe or Miccosukee Indian
3099Tribe, 56.4 percent shall be deposited into the fine and
3100forfeiture fund established pursuant to s. 142.01.
3101     (h)  Fifteen percent must be deposited into the General
3102Revenue Fund.
3103     (3)(a)  Moneys paid to a municipality or special
3104improvement district under subparagraph (2)(g)1. must be used to
3105fund local criminal justice training as provided in s. 938.15
3106when such a program is established by ordinance; to fund a
3107municipal school crossing guard training program; and for any
3108other lawful purpose.
3109     (b)  Moneys paid to a county under subparagraph (2)(g)2.
3110shall be used to fund local criminal justice training as
3111provided in s. 938.15 when such a program is established by
3112ordinance, to fund a county school crossing guard training
3113program, and for any other lawful purpose.
3114     Section 60.  Section 318.37, Florida Statutes, is amended
3115to read:
3116     318.37  Funding.--In any county electing to establish a
3117Civil Traffic Infraction Hearing Officer Program under ss.
3118318.30-318.38 the court shall develop a plan for its
3119implementation and shall submit the plan to the Office of the
3120State Courts Administrator. Funds for the program are to be used
3121for hearing officer salaries, which may not exceed $50 per hour,
3122and other necessary expenses such as hearing officer training,
3123office rental, furniture, and administrative staff salaries,
3124providing and maintaining court facilities and personnel, and
3125other general courthouse expenses. Any county electing to
3126establish such a program shall provide the funds necessary to
3127operate the program.
3128     Section 61.  Paragraph (a) of subsection (4) of section
3129321.05, Florida Statutes, is amended to read:
3130     321.05  Duties, functions, and powers of patrol
3131officers.--The members of the Florida Highway Patrol are hereby
3132The members of the Florida Highway Patrol are hereby declared to
3133be conservators of the peace and law enforcement officers of the
3134state, with the common-law right to arrest a person who, in the
3135presence of the arresting officer, commits a felony or commits
3136an affray or breach of the peace constituting a misdemeanor,
3137with full power to bear arms; and they shall apprehend, without
3138warrant, any person in the unlawful commission of any of the
3139acts over which the members of the Florida Highway Patrol are
3140given jurisdiction as hereinafter set out and deliver him or her
3141to the sheriff of the county that further proceedings may be had
3142against him or her according to law. In the performance of any
3143of the powers, duties, and functions authorized by law, members
3144of the Florida Highway Patrol shall have the same protections
3145and immunities afforded other peace officers, which shall be
3146recognized by all courts having jurisdiction over offenses
3147against the laws of this state, and shall have authority to
3148apply for, serve, and execute search warrants, arrest warrants,
3149capias, and other process of the court in those matters in which
3150patrol officers have primary responsibility as set forth in
3151subsection (1). The patrol officers under the direction and
3152supervision of the Department of Highway Safety and Motor
3153Vehicles shall perform and exercise throughout the state the
3154following duties, functions, and powers:
3155     (4)(a)  All fines and costs and the proceeds of the
3156forfeiture of bail bonds and recognizances resulting from the
3157enforcement of this chapter by patrol officers shall be paid
3158into the fine and forfeiture fund established pursuant to s.
3159142.01 of the county where the offense is committed. In all
3160cases of arrest by patrol officers, the person arrested shall be
3161delivered forthwith by said officer to the sheriff of the
3162county, or he or she shall obtain from such person arrested a
3163recognizance or, if deemed necessary, a cash bond or other
3164sufficient security conditioned for his or her appearance before
3165the proper tribunal of such county to answer the charge for
3166which he or she has been arrested; and all fees accruing shall
3167be taxed against the party arrested, which fees are hereby
3168declared to be part of the compensation of said sheriffs
3169authorized to be fixed by the Legislature under s. 5(c), Art. II
3170of the State Constitution, to be paid such sheriffs in the same
3171manner as fees are paid for like services in other criminal
3172cases. All patrol officers are hereby directed to deliver all
3173bonds accepted and approved by them to the sheriff of the county
3174in which the offense is alleged to have been committed. However,
3175no sheriff shall be paid any arrest fee for the arrest of a
3176person for violation of any section of chapter 316 when the
3177arresting officer was transported in a Florida Highway Patrol
3178car to the vicinity where the arrest was made; and no sheriff
3179shall be paid any fee for mileage for himself or herself or a
3180prisoner for miles traveled in a Florida Highway Patrol car. No
3181patrol officer shall be entitled to any fee or mileage cost
3182except when responding to a subpoena in a civil cause or except
3183when such patrol officer is appearing as an official witness to
3184testify at any hearing or law action in any court of this state
3185as a direct result of his or her employment as a patrol officer
3186during time not compensated as a part of his or her normal
3187duties. Nothing herein shall be construed as limiting the power
3188to locate and to take from any person under arrest or about to
3189be arrested deadly weapons. Nothing contained in this section
3190shall be construed as a limitation upon existing powers and
3191duties of sheriffs or police officers.
3192     Section 62.  Section 322.245, Florida Statutes, as amended
3193by chapter 2003-402, Laws of Florida, is amended to read:
3194     322.245  Suspension of license upon failure of person
3195charged with specified offense under chapter 316, chapter 320,
3196or this chapter to comply with directives ordered by traffic
3197court or upon failure to pay child support in non-IV-D cases as
3198provided in chapter 61 or failure to pay any financial
3199obligation in any other criminal case.--
3200     (1)  If a person who is charged with a violation of any of
3201the criminal offenses enumerated in s. 318.17 or with the
3202commission of any offense constituting a misdemeanor under
3203chapter 320 or this chapter fails to comply with all of the
3204directives of the court within the time allotted by the court,
3205the clerk of the traffic court shall mail to the person, at the
3206address specified on the uniform traffic citation, a notice of
3207such failure, notifying him or her that, if he or she does not
3208comply with the directives of the court within 30 days after the
3209date of the notice and pay a delinquency fee of up to $15 to the
3210clerk, his or her driver's license will be suspended. The notice
3211shall be mailed no later than 5 days after such failure. The
3212delinquency fee may be retained by the office of the clerk to
3213defray the operating costs of the office.
3214     (2)  In non-IV-D cases, if a person fails to pay child
3215support under chapter 61 and the obligee so requests, the
3216depository or the clerk of the court shall mail in accordance
3217with s. 61.13016 the notice specified in that section, notifying
3218him or her that if he or she does not comply with the
3219requirements of that section and pay a delinquency fee of $10 to
3220the depository or the clerk, his or her driver's license and
3221motor vehicle registration will be suspended. The delinquency
3222fee may be retained by the depository or the office of the clerk
3223to defray the operating costs of the office.
3224     (3)  If the person fails to comply with the directives of
3225the court within the 30-day period, or, in non-IV-D cases, fails
3226to comply with the requirements of s. 61.13016 within the period
3227specified in that statute, the depository or the clerk of the
3228court shall notify the department of such failure within 10
3229days. Upon receipt of the notice, the department shall
3230immediately issue an order suspending the person's driver's
3231license and privilege to drive effective 20 days after the date
3232the order of suspension is mailed in accordance with s.
3233322.251(1), (2), and (6).
3234     (4)  After suspension of the driver's license of a person
3235pursuant to subsection (1), subsection (2), or subsection (3)
3236this section, the license may not be reinstated until the person
3237complies with all court directives imposed upon him or her,
3238including payment of the delinquency fee imposed by subsection
3239(1), and presents certification of such compliance to a driver
3240licensing office and complies with the requirements of this
3241chapter or, in the case of a license suspended for nonpayment of
3242child support in non-IV-D cases, until the person complies with
3243the reinstatement provisions of s. 322.058 and makes payment of
3244the delinquency fee imposed by subsection (2).
3245     (5)(a)  When the department receives notice from a clerk of
3246the court that a person licensed to operate a motor vehicle in
3247this state under the provisions of this chapter has failed to
3248pay financial obligations for any criminal offense other than
3249those specified in subsection (1), in full or in part under a
3250payment plan pursuant to s. 28.246(4), the department shall
3251suspend the license of the person named in the notice.
3252     (b)  The department must reinstate the driving privilege
3253when the clerk of the court provides an affidavit to the
3254department stating that:
3255     1.  The person has satisfied the financial obligation in
3256full or made all payments currently due under a payment plan;
3257     2.  The person has entered into a written agreement for
3258payment of the financial obligation if not presently enrolled in
3259a payment plan; or
3260     3.  A court has entered an order granting relief to the
3261person ordering the reinstatement of the license.
3262     (c)  The department shall not be held liable for any
3263license suspension resulting from the discharge of its duties
3264under this section.
3265     Section 63.  Paragraph (b) of subsection (4) of section
3266327.73, Florida Statutes, as amended by chapter 2003-402, Laws
3267of Florida, is amended to read:
3268     327.73  Noncriminal infractions.--
3269     (4)  Any person charged with a noncriminal infraction under
3270this section may:
3271     (b)  If he or she has posted bond, forfeit bond by not
3272appearing at the designated time and location.
3273
3274If the person cited follows either of the above procedures, he
3275or she shall be deemed to have admitted the noncriminal
3276infraction and to have waived the right to a hearing on the
3277issue of commission of the infraction. Such admission shall not
3278be used as evidence in any other proceedings. If a person who is
3279cited for a violation of s. 327.395 can show a boating safety
3280identification card issued to that person and valid at the time
3281of the citation, the clerk of the court may dismiss the case and
3282may assess a $5 dismissal fee of up to $7.50. If a person who is
3283cited for a violation of s. 328.72(13) can show proof of having
3284a registration for that vessel which was valid at the time of
3285the citation, the clerk may dismiss the case and may assess the
3286a $5 dismissal fee.
3287     Section 64.  Subsection (1) of section 372.72, Florida
3288Statutes, is amended to read:
3289     372.72  Disposition of fines, penalties, and forfeitures.--
3290     (1)  All moneys collected from fines, penalties, or
3291forfeitures of bail of persons convicted under this chapter
3292shall be deposited in the fine and forfeiture fund established
3293pursuant to s. 142.01 of the county where such convictions are
3294had, except for the disposition of moneys as provided in
3295subsection (2).
3296     Section 65.  Section 382.023, Florida Statutes, as amended
3297by chapter 2003-402, Laws of Florida, is amended to read:
3298     382.023  Department to receive dissolution-of-marriage
3299records; fees.--Clerks of the circuit courts shall collect for
3300their services at the time of the filing of a final judgment of
3301dissolution of marriage a fee of up to $10.50, of which 43
3302percent shall be retained by the clerk of the circuit court as a
3303part of the cost in the cause in which the judgment is granted.
3304The remaining 57 percent shall be remitted to the Department of
3305Revenue for deposit to the Department of Health to defray part
3306of the cost of maintaining the dissolution-of-marriage records.
3307A record of each and every judgment of dissolution of marriage
3308granted by the court during the preceding calendar month, giving
3309names of parties and such other data as required by forms
3310prescribed by the department, shall be transmitted to the
3311department, on or before the 10th day of each month, along with
3312an accounting of the funds remitted to the Department of Revenue
3313pursuant to this section.
3314     Section 66.  Section 384.288, Florida Statutes, is amended
3315to read:
3316     384.288  Fees and other compensation; payment by board of
3317county commissioners.--
3318     (1)  For the services required to be performed under the
3319provisions of ss. 384.27, 384.28, and 384.281, compensation
3320shall be paid as follows:
3321     (a)  The sheriff shall receive the same fees and mileage as
3322are prescribed for like services in criminal cases.
3323     (b)  The counsel appointed by the court to represent an
3324indigent person shall receive such reasonable compensation as
3325provided in s. 27.5304 is fixed by the court appointing him or
3326her.
3327     (2)  All court-related fees, mileage, and charges provided
3328to the sheriff pursuant to paragraph (1)(a) shall be taxed by
3329the court as costs in each proceeding and shall be paid by the
3330board of county commissioners out of the general fund or fine
3331and forfeiture fund of the county. All compensation provided to
3332court-appointed counsel pursuant to paragraph (1)(b) shall be
3333taxed by the court as costs and paid by the state.
3334     Section 67.  Section 392.68, Florida Statutes, is amended
3335to read:
3336     392.68  Fees and other compensation.--
3337     (1)  For the services required to be performed under ss.
3338392.55, 392.56, 392.57, and 392.62, compensation shall be paid
3339as follows:
3340     (a)  The sheriff shall receive the same fees and mileage as
3341are prescribed for like services in criminal cases.
3342     (b)  The counsel appointed by the court to represent an
3343indigent person shall receive such reasonable compensation as
3344provided in s. 27.5304 shall be fixed by the court appointing
3345him or her.
3346     (2)  All fees, mileage, and charges provided to the sheriff
3347pursuant to paragraph (1)(a) shall be taxed by the court as
3348costs in each proceeding and shall be paid by the board of
3349county commissioners out of the general funds or the fine and
3350forfeiture funds of the county. All compensation provided to
3351court-appointed counsel pursuant to paragraph (1)(b) shall be
3352taxed by the court as costs and paid by the state.
3353     Section 68.  Section 394.473, Florida Statutes, as amended
3354by chapter 2003-402, Laws of Florida, is amended to read:
3355     394.473  Attorney's fee; expert witness fee.--
3356     (1)  In the case of an indigent the indigence of any person
3357for whom an attorney is appointed pursuant to the provisions of
3358this part, the attorney shall be compensated by the state
3359pursuant to s. 27.5304 entitled to a reasonable fee to be
3360determined by the court and paid from the general fund of the
3361county from which the patient was involuntarily detained. In the
3362case of an indigent the indigence of any such person, the court
3363may appoint a public defender. The public defender shall receive
3364no additional compensation other than that usually paid his or
3365her office.
3366     (2)  In the case of an indigent the indigence of any person
3367for whom expert testimony is required in a court hearing
3368pursuant to the provisions of this act, the expert, except one
3369who is classified as a full-time employee of the state or who is
3370receiving remuneration from the state for his or her time in
3371attendance at the hearing, shall be compensated by the state
3372pursuant to s. 27.5304 entitled to a reasonable fee to be
3373determined by the court and paid from the general fund of the
3374county from which the patient was involuntarily detained.
3375     Section 69.  Subsection (1) of section 395.3025, Florida
3376Statutes, as amended by chapter 2003-402, Laws of Florida, is
3377amended to read:
3378     395.3025  Patient and personnel records; copies;
3379examination.--
3380     (1)  Any licensed facility shall, upon written request, and
3381only after discharge of the patient, furnish, in a timely
3382manner, without delays for legal review, to any person admitted
3383therein for care and treatment or treated thereat, or to any
3384such person's guardian, curator, or personal representative, or
3385in the absence of one of those persons, to the next of kin of a
3386decedent or the parent of a minor, or to anyone designated by
3387such person in writing, a true and correct copy of all patient
3388records, including X rays, and insurance information concerning
3389such person, which records are in the possession of the licensed
3390facility, provided the person requesting such records agrees to
3391pay a charge. The exclusive charge for copies of patient records
3392may include sales tax and actual postage, and, except for
3393nonpaper records that which are subject to a charge not to
3394exceed $2 as provided in s. 28.24(6)(c), may not exceed $1 per
3395page, as provided in s. 28.24(5)(a). A fee of up to $1 may be
3396charged for each year of records requested. These charges shall
3397apply to all records furnished, whether directly from the
3398facility or from a copy service providing these services on
3399behalf of the facility. However, a patient whose records are
3400copied or searched for the purpose of continuing to receive
3401medical care is not required to pay a charge for copying or for
3402the search. The licensed facility shall further allow any such
3403person to examine the original records in its possession, or
3404microforms or other suitable reproductions of the records, upon
3405such reasonable terms as shall be imposed to assure that the
3406records will not be damaged, destroyed, or altered.
3407     Section 70.  Subsection (5) of section 397.334, Florida
3408Statutes, as amended by chapter 2003-402, Laws of Florida, is
3409amended to read:
3410     397.334  Treatment-based drug court programs.--
3411     (5)  If a county chooses to fund a treatment-based drug
3412court program, the county must secure funding from sources other
3413than the state for those costs not otherwise assumed by the
3414state pursuant to s. 29.004. However, this does not preclude
3415counties from using treatment and other service dollars provided
3416through state executive branch agencies. Counties may provide,
3417by interlocal agreement, for the collective funding of these
3418programs.
3419     Section 71.  Subsection (1) of section 713.24, Florida
3420Statutes, as amended by chapter 2003-402, Laws of Florida, is
3421amended to read:
3422     713.24  Transfer of liens to security.--
3423     (1)  Any lien claimed under this part may be transferred,
3424by any person having an interest in the real property upon which
3425the lien is imposed or the contract under which the lien is
3426claimed, from such real property to other security by either:
3427     (a)  Depositing in the clerk's office a sum of money, or
3428     (b)  Filing in the clerk's office a bond executed as surety
3429by a surety insurer licensed to do business in this state,
3430
3431either to be in an amount equal to the amount demanded in such
3432claim of lien, plus interest thereon at the legal rate for 3
3433years, plus $1,000 or 25 percent of the amount demanded in the
3434claim of lien, whichever is greater, to apply on any attorney's
3435fees and court costs that may be taxed in any proceeding to
3436enforce said lien. Such deposit or bond shall be conditioned to
3437pay any judgment or decree which may be rendered for the
3438satisfaction of the lien for which such claim of lien was
3439recorded. Upon making such deposit or filing such bond, the
3440clerk shall make and record a certificate showing the transfer
3441of the lien from the real property to the security and shall
3442mail a copy thereof by registered or certified mail to the
3443lienor named in the claim of lien so transferred, at the address
3444stated therein. Upon filing the certificate of transfer, the
3445real property shall thereupon be released from the lien claimed,
3446and such lien shall be transferred to said security. In the
3447absence of allegations of privity between the lienor and the
3448owner, and subject to any order of the court increasing the
3449amount required for the lien transfer deposit or bond, no other
3450judgment or decree to pay money may be entered by the court
3451against the owner. The clerk shall be entitled to a service
3452charge fee for making and serving the certificate, in the amount
3453sum of up to $15. If the transaction involves the transfer of
3454multiple liens, an additional charge of up to $7.50 for each
3455additional lien shall be charged. For recording the certificate
3456and approving the bond, the clerk shall receive her or his usual
3457statutory service charges as prescribed in s. 28.24. Any number
3458of liens may be transferred to one such security.
3459     Section 72.  Subsections (1) and (3) of section 721.83,
3460Florida Statutes, as amended by chapter 2003-402, Laws of
3461Florida, are amended to read:
3462     721.83  Consolidation of foreclosure actions.--
3463     (1)  A complaint in a foreclosure proceeding involving
3464timeshare estates may join in the same action multiple defendant
3465obligors and junior interestholders of separate timeshare
3466estates, provided:
3467     (a)  The foreclosure proceeding involves a single timeshare
3468property.;
3469     (b)  The foreclosure proceeding is filed by a single
3470plaintiff.;
3471     (c)  The default and remedy provisions in the written
3472instruments on which the foreclosure proceeding is based are
3473substantially the same for each defendant.; and
3474     (d)  The nature of the defaults alleged is the same for
3475each defendant.
3476     (e)  No more than fifteen timeshare estates, without regard
3477to the number of defendants, are joined within the same
3478consolidated foreclosure action.
3479     (3)  A consolidated timeshare foreclosure action shall be
3480considered a single action, suit, or proceeding for the payment
3481of filing fees and service charges pursuant to general law. In
3482addition to the payment of such filing fees and service charges,
3483an additional filing fee of up to $5 for each timeshare estate
3484joined in that action shall be paid to the clerk of court. The
3485clerk of court shall require a plaintiff to pay separate filing
3486fees and service charges as provided by general law for each
3487defendant in a consolidated foreclosure action filed pursuant to
3488this section.
3489     Section 73.  Subsection (2) of section 741.01, Florida
3490Statutes, is amended to read:
3491     741.01  County court judge or clerk of the circuit court to
3492issue marriage license; fee.--
3493     (2)  The fee charged for each marriage license issued in
3494the state shall be increased by the sum of $25 $30. This fee
3495shall be collected upon receipt of the application for the
3496issuance of a marriage license and remitted by the clerk to the
3497Department of Revenue for deposit in the Domestic Violence Trust
3498Fund. The Executive Office of the Governor shall establish a
3499Domestic Violence Trust Fund for the purpose of collecting and
3500disbursing funds generated from the increase in the marriage
3501license fee. Such funds which are generated shall be directed to
3502the Department of Children and Family Services for the specific
3503purpose of funding domestic violence centers, and the funds
3504shall be appropriated in a "grants-in-aid" category to the
3505Department of Children and Family Services for the purpose of
3506funding domestic violence centers. From the proceeds of the
3507surcharge deposited into the Domestic Violence Trust Fund as
3508required under s. 938.08, the Executive Office of the Governor
3509may spend up to $500,000 each year for the purpose of
3510administering a statewide public-awareness campaign regarding
3511domestic violence.
3512     Section 74.  Paragraph (b) of subsection (7) of section
3513744.331, Florida Statutes, is amended to read:
3514     744.331  Procedures to determine incapacity.--
3515     (7)  FEES.--
3516     (b)  The fees awarded under paragraph (a) shall be paid by
3517the guardian from the property of the ward or, if the ward is
3518indigent, by the state county. The state county shall have a
3519creditor's claim against the guardianship property for any
3520amounts paid under this section. The state may county must file
3521its claim within 90 days after the entry of an order awarding
3522attorney ad litem fees. If the state county does not file its
3523claim within the 90-day period, the state county is thereafter
3524barred from asserting the claim. Upon petition by the state
3525county for payment of the claim, the court shall enter an order
3526authorizing immediate payment out of the property of the ward.
3527The state board of county commissioners shall keep a record of
3528such payments.
3529     Section 75.  Subsection (6) of section 744.365, Florida
3530Statutes, as amended by chapter 2003-402, Laws of Florida, is
3531amended to read:
3532     744.365  Verified inventory.--
3533     (6)  AUDIT FEE.--
3534     (a)  Where the value of the ward's property exceeds
3535$25,000, a guardian shall pay from the ward's property to the
3536clerk of the circuit court a fee of up to $75, upon the filing
3537of the verified inventory, for the auditing of the inventory.
3538Upon petition by the guardian, the court may waive the auditing
3539fee upon a showing of insufficient funds in the ward's estate.
3540Any guardian unable to pay the auditing fee may petition the
3541court for waiver of the fee. The court may waive the fee after
3542it has reviewed the documentation filed by the guardian in
3543support of the waiver.
3544     (b)  An audit fee may not be charged to any ward whose
3545property has a value of less than $25,000. In such case, the
3546audit fee must be paid from the general fund of the county in
3547which the guardianship proceeding is conducted.
3548     Section 76.  Subsection (4) of section 744.3678, Florida
3549Statutes, as amended by chapter 2003-402, Laws of Florida, is
3550amended to read:
3551     744.3678  Annual accounting.--
3552     (4)  The guardian shall pay from the ward's estate to the
3553clerk of the circuit court a fee based upon the following
3554graduated fee schedule, upon the filing of the annual financial
3555return, for the auditing of the return:
3556     (a)  For estates with a value of $25,000 or less the clerk
3557of the court may charge a fee of up to $15.
3558     (b)  For estates with a value of more than $25,000 up to
3559and including $100,000 the clerk of the court may charge a fee
3560of up to $75.
3561     (c)  For estates with a value of more than $100,000 up to
3562and including $500,000 the clerk of the court may charge a fee
3563of up to $150.
3564     (d)  For estates with a value in excess of $500,000 the
3565clerk of the court may charge a fee of up to $225.
3566
3567Upon petition by the guardian, the court may waive the auditing
3568fee upon a showing of insufficient funds in the ward's estate.
3569Any guardian unable to pay the auditing fee may petition the
3570court for a waiver of the fee. The court may waive the fee after
3571it has reviewed the documentation filed by the guardian in
3572support of the waiver.
3573     Section 77.  Subsection (2) of section 766.104, Florida
3574Statutes, is amended to read:
3575     766.104  Pleading in medical negligence cases; claim for
3576punitive damages; authorization for release of records for
3577investigation.--
3578     (2)  Upon petition to the clerk of the court where the suit
3579will be filed and payment to the clerk of a filing fee, not to
3580exceed $37.50 $25, established by the chief judge, an automatic
358190-day extension of the statute of limitations shall be granted
3582to allow the reasonable investigation required by subsection
3583(1). This period shall be in addition to other tolling periods.
3584No court order is required for the extension to be effective.
3585The provisions of this subsection shall not be deemed to revive
3586a cause of action on which the statute of limitations has run.
3587     Section 78.  Subsection (2) of section 903.035, Florida
3588Statutes, is amended to read:
3589     903.035  Applications for bail; information provided;
3590hearing on application for modification; penalty for providing
3591false or misleading information or omitting material
3592information.--
3593     (2)  An application for modification of bail on any felony
3594charge must be heard by a court in person, at a hearing with the
3595defendant present, and with at least 3 hours' notice to the
3596state attorney and the county attorney.
3597     Section 79.  Paragraph (a) of subsection (3) and subsection
3598(8) of section 903.26, Florida Statutes, are amended to read:
3599     903.26  Forfeiture of the bond; when and how directed;
3600discharge; how and when made; effect of payment.--
3601     (3)  Sixty days after the forfeiture notice has been
3602mailed:
3603     (a)  State and county officials having custody of forfeited
3604money shall deposit the money in the county fine and forfeiture
3605fund established pursuant to s. 142.01;
3606     (8)  If the defendant is arrested and returned to the
3607county of jurisdiction of the court prior to judgment, the
3608clerk, upon affirmation by the sheriff or the chief correctional
3609officer, shall, without further order of the court, discharge
3610the forfeiture of the bond. However, if the surety agent fails
3611to pay the costs and expenses incurred in returning the
3612defendant to the county of jurisdiction, the clerk shall not
3613discharge the forfeiture of the bond. If the surety agent and
3614the state county attorney fail to agree on the amount of said
3615costs, then the court, after notice to the state county
3616attorney, shall determine the amount of the costs.
3617     Section 80.  Subsection (8) of section 903.28, Florida
3618Statutes, is amended to read:
3619     903.28  Remission of forfeiture; conditions.--
3620     (8)  An application for remission must be accompanied by
3621affidavits setting forth the facts on which it is founded;
3622however, the surety must establish by further documentation or
3623other evidence any claimed attempt at procuring or causing the
3624apprehension or surrender of the defendant before the court may
3625order remission based upon an attempt to procure or cause such
3626apprehension or surrender. The state attorney and the county
3627attorney must be given 20 days' notice before a hearing on an
3628application and be furnished copies of all papers, applications,
3629and affidavits. Remission shall be granted on the condition of
3630payment of costs, unless the ground for remission is that there
3631was no breach of the bond.
3632     Section 81.  Section 925.09, Florida Statutes, is amended
3633to read:
3634     925.09  Authority of state attorney to order
3635autopsies.--The state attorney may have an autopsy performed,
3636The state attorney may have an autopsy performed, before or
3637after interment, on a dead body found in the county when she or
3638he decides it is necessary in determining whether or not death
3639was the result of a crime. Physicians performing the autopsy
3640shall be paid reasonable fees by from the county fine and
3641forfeiture fund upon the approval of the county commission and
3642the state attorney ordering the autopsy.
3643     Section 82.  Subsection (4) of section 938.29, Florida
3644Statutes, as amended by chapter 2003-402, Laws of Florida, is
3645amended, and subsections (5) and (6) of said section are
3646renumbered as subsections (4) and (5), respectively, to read:
3647     938.29  Legal assistance; lien for payment of attorney's
3648fees or costs.--
3649     (4)  The clerk of the county claiming such lien is
3650authorized to contract with a private attorney or collection
3651agency for collection of such debts or liens, provided the fee
3652for such collection shall be on a contingent basis not to exceed
365350 percent of the recovery. However, no fee shall be paid to any
3654collection agency by reason of foreclosure proceedings against
3655real property or from the proceeds from the sale or other
3656disposition of real property.
3657     Section 83.  Section 938.35, Florida Statutes, as amended
3658by chapter 2003-402, Laws of Florida, is amended to read:
3659     938.35  Collection of court-related financial
3660obligations.--The board of county commissioners or the governing
3661-The board of county commissioners or the governing body of a
3662municipality may pursue the collection of any fees, service
3663charges, fines, court costs, or other costs to which it is
3664entitled which remain unpaid for 90 days or more, or refer the
3665account such collection to a private attorney who is a member in
3666good standing of The Florida Bar or collection agent who is
3667registered and in good standing pursuant to chapter 559. In
3668pursuing the collection of such unpaid financial obligations
3669through a private attorney or collection agent, the board of
3670county commissioners or the governing body of a municipality
3671must determine this is cost-effective and follow applicable
3672procurement practices. The collection fee, including any
3673reasonable attorney's fee, paid to any attorney or collection
3674agent retained by the board of county commissioners or the
3675governing body of a municipality may be added to the balance
3676owed, in an amount not to exceed 40 percent of the amount owed
3677at the time the account is referred to the attorney or agents
3678for collection.
3679     Section 84.  Section 939.185, Florida Statutes, is created
3680to read:
3681     939.185  Assessment of additional court costs.--
3682     (1)(a)  The board of county commissioners may adopt by
3683ordinance an additional court cost, not to exceed $60, to be
3684imposed by the court when a person pleads guilty or nolo
3685contendere to, or is found guilty of, any felony, misdemeanor,
3686or criminal traffic offense under the laws of this state. Such
3687additional assessment shall be accounted for separately by the
3688county in which the offense occurred and be used only in the
3689county imposing this cost, to be allocated as follows:
3690     1.  Thirty-four percent of the amount collected shall be
3691allocated to each judicial circuit to fund innovations to
3692supplement state funding for the elements of the state courts
3693system identified in s. 29.004 and county funding for local
3694requirements under s. 29.008(2)(a)2. The funds shall be
3695separately accounted for within the Grants and Donations Trust
3696Fund of the state courts according to the amount received in
3697each circuit.
3698     2.  Twenty-two percent of the amount collected shall be
3699allocated to assist counties in providing legal aid programs
3700required under s. 29.008(3)(a).
3701     3.  Twenty-two percent of the amount collected shall be
3702allocated to fund legal materials for the public as part of a
3703law library.
3704     4.  Twenty-two percent of the amount collected shall be
3705used as determined by the board of county commissioners to
3706support teen court programs and other juvenile alternative
3707programs.
3708
3709Any unspent funds at the close of the county fiscal year
3710allocated under subparagraphs 2., 3., and 4., shall be
3711transferred for use pursuant to subparagraph 1.
3712     (b)  The disbursement of costs collected under this section
3713shall be subordinate in priority order of disbursement to all
3714other state-imposed costs authorized in this chapter,
3715restitution or other compensation to victims, and child support
3716payments.
3717     (2)  The court shall order a person to pay the additional
3718court cost. If the person is determined to be indigent, the
3719clerk shall defer payment of this cost.
3720     Section 85.  Paragraph (l) of subsection (1) of section
3721960.001, Florida Statutes, as amended by chapter 2003-402, Laws
3722of Florida, is amended to read:
3723     960.001  Guidelines for fair treatment of victims and
3724witnesses in the criminal justice and juvenile justice
3725systems.--
3726     (1)  The Department of Legal Affairs, the state attorneys,
3727the Department of Corrections, the Department of Juvenile
3728Justice, the Parole Commission, the State Courts Administrator
3729and circuit court administrators, the Department of Law
3730Enforcement, and every sheriff's department, police department,
3731or other law enforcement agency as defined in s. 943.10(4) shall
3732develop and implement guidelines for the use of their respective
3733agencies, which guidelines are consistent with the purposes of
3734this act and s. 16(b), Art. I of the State Constitution and are
3735designed to implement the provisions of s. 16(b), Art. I of the
3736State Constitution and to achieve the following objectives:
3737     (l)  Local witness coordination services.--The requirements
3738for notification provided for in paragraphs (c)(b), (d), (f),
3739and (i) may be performed by the state attorney or public
3740defender for their own witnesses as provided in s. 27.0065, as
3741appropriate.
3742     Section 86.  Subsections (2) and (3) of section 985.203,
3743Florida Statutes, as amended by chapter 2003-402, Laws of
3744Florida, are amended to read:
3745     985.203  Right to counsel.--
3746     (2)  If the parents or legal guardian of an indigent child
3747are not indigent but refuse to employ counsel, the court shall
3748appoint counsel pursuant to s. 27.52(3)(d) to represent the
3749child at the detention hearing and until counsel is provided.
3750Costs of representation are hereby imposed as provided by ss.
375127.52(3)(d) and 938.29. Thereafter, the court shall not appoint
3752counsel for an indigent child with nonindigent parents or legal
3753guardian but shall order the parents or legal guardian to obtain
3754private counsel. A parent or legal guardian of an indigent child
3755who has been ordered to obtain private counsel for the child and
3756who willfully fails to follow the court order shall be punished
3757by the court in civil contempt proceedings.
3758     (3)  An indigent child with nonindigent parents or legal
3759guardian may have counsel appointed pursuant to s. 27.52(2)(d)
3760if the parents or legal guardian have willfully refused to obey
3761the court order to obtain counsel for the child and have been
3762punished by civil contempt and then still have willfully refused
3763to obey the court order. Costs of representation are hereby
3764imposed as provided by ss. 27.52(2)(d) and 938.29.
3765     Section 87.  Section 149 of chapter 2003-402, Laws of
3766Florida, is amended to read:
3767     Section 149.  Fees, service charges, and costs fees imposed
3768by the governing authority of counties by ordinance and special
3769law pursuant to authority granted in ss. 28.2401, 28.241, 34.041
377028.242-34.041, 938.17, and 938.19, Florida Statutes, prior to
3771June 30, 2004, are repealed and abolished effective July 1,
37722004.
3773     Section 88.  (1)  It is the intent of the Legislature to
3774implement Revision 7 to Article V of the State Constitution in a
3775way which recognizes the allocation of funding responsibilities
3776among the state, counties, and system users.
3777     (2)  The Legislature hereby declares that the provisions of
3778this act designed to achieve that allocation of responsibility
3779fulfill an important state interest.
3780     Section 89.  Court-related assessments to be retained by
3781the clerk of the court after July 1, 2004, to fund court-related
3782functions included on the standard list in s. 28.35(3)(a),
3783Florida Statutes, shall be remitted to the clerk of the court
3784after July 1, 2004, regardless of the date of assessment.
3785     Section 90.  On July 1, 2004, all cash balances within
3786county funds previously established to provide dedicated funding
3787to benefit specific court-related programs shall be used to fund
3788these programs after July 1, 2004, until those funds are
3789depleted.
3790     Section 91.  Cost sharing of due process costs; legislative
3791intent.--It is the intent of the Legislature to provide state-
3792funded due process services to the state courts system, state
3793attorneys, public defenders, and court-appointed counsel in the
3794most cost-effective and efficient manner. The state courts
3795system, state attorneys, public defenders, and court-appointed
3796counsel may enter into contractual agreements to share, on a pro
3797rata basis, the costs associated with court reporting services,
3798court interpreter and translation services, court experts, and
3799all other due process services funded by the state pursuant to
3800chapter 29, Florida Statutes. These costs shall be budgeted
3801within the funds appropriated to each of the affected users of
3802services.
3803     Section 92.  The Division of Statutory Revision of the
3804Office of Legislative Services shall redesignate, in the next
3805edition of the Florida Statutes, the title of chapter 40,
3806Florida Statutes, as "Juries; Payment of Jurors and Due Process
3807Costs."
3808     Section 93.  Billing submitted for payment of due process
3809services, including, but not limited to, court reporter
3810services, court interpreter services, expert witness services,
3811mental health evaluations, and court-appointed counsel services
3812must be paid by the counties if the services were rendered
3813before July 1, 2004. Counties must also pay for the entire cost
3814of any flat-fee-per-case payment pursuant to a contract or
3815professional services agreement with court-appointed counsel for
3816appointments made before July 1, 2004, regardless of whether
3817work on the case is actually concluded prior to July 1, 2004.
3818Except for flat-fee contracts with court-appointed counsel,
3819billings for services on any case that commenced prior to July
38201, 2004, but continues past July 1, 2004, must be submitted with
3821an itemized listing of payment due for services rendered before
3822July 1, 2004, and on or after July 1, 2004. The county shall pay
3823the portion of the bill for services rendered before July 1,
38242004, and provide a copy of the itemized bill to the Justice
3825Administrative Commission or the Office of the State Courts
3826Administrator as appropriate for payment of the portion of the
3827bill for services provided on or after July 1, 2004.
3828     Section 94.  No later than July 1, 2004, the Office of the
3829State Courts Administrator shall prepare and disseminate a
3830manual of court-related filing fees, service charges, costs, and
3831fines imposed pursuant to state law, organized by county for
3832each type of action and offense and classified as either
3833mandatory or discretionary. The Office of the State Courts
3834Administrator shall disseminate this manual to the chief judge,
3835state attorney, public defender, and court administrator in each
3836circuit and to the clerk of the court in each county. The Office
3837of the State Courts Administrator shall update and disseminate
3838this manual annually.
3839     Section 95.  Effective July 1, 2004, sections 11.75, 40.30,
3840142.04, 142.05, 142.06, 142.07, 142.08, 142.10, 142.11, 142.12,
3841142.13, 938.17, and 939.18, Florida Statutes, are repealed.
3842     Section 96.  The Department of Revenue shall adopt rules
3843necessary to carry out its responsibilities in ss. 28.35, 28.36,
3844and 28.37, Florida Statutes. The rules shall include forms and
3845procedures for transferring funds from the clerks of the court
3846to the Clerks of the Court Trust Fund within the Department of
3847Revenue.
3848     Section 97.  There is appropriated $2,500,000 from the
3849Department of Financial Services' Administrative Trust Fund and
3850five full-time equivalent positions are authorized for fiscal
3851year 2004-2005 to fund the contract with the Florida Clerks of
3852Court Operations Corporation created pursuant to s. 28.35,
3853Florida Statutes, and to provide for personnel and other
3854expenses necessary to implement the department's
3855responsibilities pursuant to this act. Funds for the contract
3856with the Clerks of the Court Operations Corporation shall be
3857appropriated in a special category created only for this purpose
3858by the Executive Office of the Governor in consultation with the
3859chairs of the respective committees responsible for
3860appropriations in the Senate and the House of Representatives.
3861     Section 98.  There is appropriated $20,000,000 from the
3862Clerks of the Court Trust Fund in the Department of Revenue for
3863fiscal year 2004-2005 to fund the revenue deficits for the
3864clerks of the circuit court in accordance with the provisions of
3865s. 28.36, Florida Statutes.  The Executive Office of the
3866Governor may provide release authority for these funds as needed
3867in accordance with the provisions of s. 28.36, Florida Statutes,
3868and subject to all other provisions of chapter 216, Florida
3869Statutes.
3870     Section 99.  There is appropriated from the Clerks of the
3871Court Trust Fund in the Department of Revenue, $4,000,000 from
3872funds resulting from the imposition of the filing fee for
3873reopened cases required by section 31 of 2003-402, Laws of
3874Florida. These funds shall be used for the purpose of addressing
3875cash-flow problems that may arise in Clerks of the Court offices
3876during July and August of 2004, and shall be distributed
3877pursuant to the provisions of s. 28.36, Florida Statutes.
3878     Section 100.  This act shall take effect July 1, 2004.


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