_h5401er
CS/HB 5401

1
A bill to be entitled
2An act relating to the state judicial system; amending s.
325.241, F.S.; requiring that $50 from the Supreme Court
4filing fee be deposited into the State Courts Revenue
5Trust Fund to fund court operations; amending s. 25.383,
6F.S.; conforming provisions to the renaming of the
7Operating Trust Fund in the state courts system; amending
8s. 25.3844, F.S.; renaming the Operating Trust Fund in the
9state courts system as the Administrative Trust Fund;
10amending s. 25.386, F.S.; conforming provisions to the
11renaming of the Operating Trust Fund in the state courts
12system; amending s. 27.40, F.S.; requiring private court-
13appointed counsel compensated by the state to maintain
14records and documents in a prescribed manner; providing
15for waiver of the right to seek fees in excess of
16prescribed limits if the attorney refuses to allow the
17Justice Administrative Commission to review the
18documentation; providing that the commission's finding of
19a valid waiver of fees may be overcome by competent and
20substantial evidence; amending s. 27.425, F.S.;
21eliminating a requirement for the chief judge of the
22judicial circuit to recommend and submit compensation
23rates for state-funded due process service providers;
24requiring the Justice Administrative Commission to approve
25forms and procedures governing billings for the provision
26of due process services; amending s. 27.511, F.S.;
27providing for the appointment of criminal conflict and
28civil regional counsel in certain proceedings under the
29Florida Rules of Criminal Procedure and in certain
30adoption proceedings; providing for private court-
31appointed counsel, rather than criminal conflict and civil
32regional counsel, to have primary responsibility for
33representing minors in proceedings under the Parental
34Notice of Abortion Act; amending s. 27.52, F.S.; requiring
35the clerk of the court to review certain property records
36in evaluating an application from a criminal defendant for
37a determination of indigency; providing that the Justice
38Administrative Commission has standing in a motion seeking
39to have a person declared indigent for purposes of state
40payment of due process costs; providing a presumption that
41a person is not indigent for costs if the person's
42attorney's fees are being paid from private funds at a
43specified level; providing that the presumption may be
44overcome through clear and convincing evidence; providing
45requirements and rates for reimbursement of due process
46costs; providing that a person who receives state-funded
47due process services after being deemed indigent for costs
48is liable for repayment to the state; requiring the person
49to submit an accounting to the court of state-paid costs;
50providing for the court to issue an order determining the
51amount of the costs; providing for creation and
52enforcement of a repayment lien; amending s. 27.5304,
53F.S.; providing for a reduction in the amount paid for an
54attorney's fees, costs, and related expenses as increased
55penalties for submitting a bill to the state after
56prescribed periods; providing a definition; creating s.
5727.5305, F.S.; prescribing conditions and requirements
58related to payment by the state of legal fees and the
59costs of due process services in certain criminal and
60civil cases; prescribing conditions and requirements
61governing electronic funds transfer, transcripts, court
62reporters and investigators, expert witnesses and
63mitigation specialists, and discovery; amending s. 28.241,
64F.S.; providing that the section does not require
65assessment of a filing fee if the assessment is otherwise
66prohibited by law; amending s. 28.245, F.S.; decreasing
67the period allowed clerks of the court for transmission of
68deposits electronically to the Department of Revenue;
69amending s. 28.246, F.S.; requiring the clerk to give a
70copy of an application for appointment of court-appointed
71counsel to a private attorney or collection agent employed
72by the clerk to collect moneys from the person; amending
73s. 28.36, F.S.; revising the core services for the budget
74requests for the clerks of the court; revising the
75procedures for the Florida Clerks of Court Operations
76Corporation to release appropriations each quarter;
77providing a procedure for the corporation to follow if the
78projected expenditures will exceed the amount appropriated
79by law; repealing s. 29.0095, F.S., relating to a
80requirement for chief judges, state attorneys, and public
81defenders to submit budget expenditure reports; amending
82s. 29.0195, F.S.; conforming provisions to the renaming of
83the Operating Trust Fund in the state courts system;
84amending s. 34.041, F.S.; specifying that the prescribed
85filing fee for an action involving claims of not more than
86$1,000 filed along with an action for replevin is the
87total filing fee; amending s. 35.22, F.S.; requiring that
88$50 from the district court of appeals filing fee be
89deposited into the State Courts Revenue Trust Fund;
90amending s. 39.0134, F.S.; providing that certain parents
91in proceedings related to children are liable for fees and
92costs after receiving legal representation or due process
93services funded by the state; authorizing the court to
94make payment of attorney's fees and costs part of a case
95plan in dependency proceedings; authorizing and providing
96for enforcement of a lien upon court-ordered payment of
97fees and costs; providing for deposit of fees and costs
98into the Indigent Civil Defense Trust Fund; amending s.
9939.821, F.S.; requiring certain background screenings for
100persons certified as a guardian ad litem; amending s.
10157.082, F.S.; prescribing circumstances for payment of an
102application fee when a person seeks to be determined
103indigent and eligible for appointment of counsel in
104proceedings relating to children; providing for the court
105to order payment of the fee and the clerk of the court to
106pursue collection of the fee; amending s. 68.085, F.S.;
107providing that Medicaid fraud recoveries by the Attorney
108General are to be deposited into the Operating Trust Fund
109rather than in the Legal Affairs Revolving Trust Fund;
110amending s. 119.0714, F.S.; delaying from January 1, 2011,
111to January 1, 2012, the obligation of a clerk of court to
112redact certain confidential information from court files;
113amending s. 318.18, F.S.; providing that a county may
114elect among various surcharges on traffic offenses;
115limiting counties to only one surcharge at a time;
116amending s. 320.061, F.S.; creating a noncriminal
117infraction for altering or obscuring a license plate or
118mobile home sticker; deleting the second-degree
119misdemeanor penalty imposed for the offense; amending s.
120320.131, F.S.; creating a noncriminal traffic infraction
121for the unlawful use of a temporary tag; deleting the
122second-degree misdemeanor penalty imposed for the offense;
123amending s. 322.03, F.S.; creating a noncriminal traffic
124infraction for a commercial motor vehicle driver who fails
125to surrender driver's licenses from other jurisdictions
126before issuance of a license by the Department of Highway
127Safety and Motor Vehicles; extending the period allowed
128for operating a motor vehicle after expiration of a
129driver's license; amending s. 322.16, F.S.; creating a
130noncriminal traffic infraction for persons who fail to
131abide by driver's license restrictions other than
132restrictions recommended by a court or by corrections
133officials; deleting the second-degree misdemeanor penalty
134recommended for offenses other than violation of
135restrictions recommended by a court or by corrections
136officials; amending s. 775.083, F.S.; redirecting revenues
137from certain criminal fines from the State Courts Revenue
138Trust Fund into the General Revenue Fund; amending s.
139832.08, F.S.; providing for deposit of bad check diversion
140program fees into the State Attorneys Revenue Trust Fund;
141amending s. 938.06, F.S.; requiring the assessment of a
142court cost after conviction of a criminal offense;
143defining the term "convicted" for purposes of the assessed
144cost; amending s. 938.27, F.S.; providing for deposit of
145certain court costs after criminal convictions into the
146State Attorneys Revenue Trust Fund rather than the state
147attorney's grants and donations trust fund; amending s.
148938.29, F.S.; specifying that a lien for the cost of
149court-appointed counsel against a parent for services
150provided to a child does not expire upon the emancipation
151of the child or upon the child reaching the age of
152majority; amending s. 939.08, F.S.; authorizing a designee
153of the trial court administrator to review, approve, and
154certify certain bills related to costs, fees, or expenses
155of the state courts system; amending s. 939.185, F.S.;
156authorizing the chief judge of the circuit to determine
157innovations eligible for funding from a county-assessed
158court cost; amending s. 943.03, F.S.; requiring the
159Department of Law Enforcement to modify the statewide
160uniform statute table in its criminal history system;
161providing an implementation deadline; amending s. 943.053,
162F.S.; providing for a discounted fee for criminal history
163record checks for the guardian ad litem program;
164transferring certain funds from the state court's
165Operating Trust Fund to the State Courts Revenue Trust
166Fund and the Administrative Trust Fund within the state
167courts system; transferring certain unexpended balances in
168the state attorney's grants and donations trust fund to
169the State Attorneys Revenue Trust Fund; making a specific
170appropriation; providing for a transfer of funds to pay
171the general revenue service charge; providing effective
172dates.
173
174Be It Enacted by the Legislature of the State of Florida:
175
176     Section 1.  Subsection (5) of section 25.241, Florida
177Statutes, is amended to read:
178     25.241  Clerk of Supreme Court; compensation; assistants;
179filing fees, etc.-
180     (5)  The Clerk of the Supreme Court is hereby required to
181prepare a statement of all fees collected each month and remit
182such statement, together with all fees collected by him or her,
183to the Chief Financial Officer. The Chief Financial Officer
184shall deposit $250 of each $300 filing fee and all other fees
185collected into the General Revenue Fund. The Chief Financial
186Officer shall deposit $50 of each filing fee collected into the
187State Courts Revenue state court's Operating Trust Fund to fund
188court operations improvement projects as authorized in the
189General Appropriations Act.
190     Section 2.  Section 25.383, Florida Statutes, is amended to
191read:
192     25.383  Standards for court reporters; procedures; rules of
193professional conduct, discipline, and training.-The Supreme
194Court shall establish minimum standards and procedures for
195qualifications, certification, discipline, and training for
196court reporters. The Supreme Court shall determine the amount of
197fees to charge applicants for certification and renewal of
198certification. Fees shall be set in an amount necessary to
199recover the full cost of administering the certification
200process. All proceeds from fees collected pursuant to this
201section shall be deposited into the Administrative Operating
202Trust Fund within the state courts. The Supreme Court may
203appoint or employ such personnel as are necessary to assist the
204court in exercising its powers and performing its duties under
205this section.
206     Section 3.  Section 25.3844, Florida Statutes, is amended
207to read:
208     25.3844  Administrative Operating Trust Fund.-
209     (1)  The Administrative Operating Trust Fund is created
210within the state courts system.
211     (2)  The fund is established for use as a depository of
212fees and related revenue for the purpose of supporting the
213program operations of the judicial branch and for such other
214purposes as may be appropriate, and shall be expended only
215pursuant to legislative appropriation or an approved amendment
216to the agency's operating budget pursuant to the provisions of
217chapter 216.
218     Section 4.  Section 25.386, Florida Statutes, is amended to
219read:
220     25.386  Foreign language court interpreters.-The Supreme
221Court shall establish minimum standards and procedures for
222qualifications, certification, professional conduct, discipline,
223and training of foreign language court interpreters who are
224appointed by a court of competent jurisdiction. The Supreme
225Court shall set fees to be charged to applicants for
226certification and renewal of certification as a foreign language
227court interpreter. The revenues generated from such fees shall
228be used to offset the costs of administration of the
229certification program and shall be deposited into the
230Administrative Operating Trust Fund within the state courts
231system. The Supreme Court may appoint or employ such personnel
232as are necessary to assist the court in administering this
233section.
234     Section 5.  Subsection (7) of section 27.40, Florida
235Statutes, is amended to read:
236     27.40  Court-appointed counsel; circuit registries; minimum
237requirements; appointment by court.-
238     (7)(a)  A private attorney appointed by the court from the
239registry to represent a client is entitled to payment as
240provided in s. 27.5304. An attorney appointed by the court who
241is not on the registry list may be compensated under s. 27.5304
242if the court finds in the order of appointment that there were
243no registry attorneys available for representation for that
244case.
245     (b)1.  The attorney shall maintain appropriate
246documentation, including contemporaneous and detailed hourly
247accounting of time spent representing the client. If the
248attorney fails to maintain such contemporaneous and detailed
249hourly records, the attorney waives the right to seek
250compensation in excess of the flat fee established in s. 27.5304
251and the General Appropriations Act. These records and documents
252are subject to review by the Justice Administrative Commission,
253subject to the attorney-client privilege and work-product
254privilege. The attorney shall maintain the records and documents
255in a manner that enables the attorney to redact any information
256subject to a privilege in order to facilitate the commission's
257review of the records and documents and not to impede such
258review. The attorney may redact information from the records and
259documents only to the extent necessary to comply with the
260privilege.
261     2.  If an attorney fails, refuses, or declines to permit
262the commission to review documentation for a case as provided in
263this paragraph, the attorney waives the right to seek, and the
264commission may not pay, compensation in excess of the flat fee
265established in s. 27.5304 and the General Appropriations Act for
266that case.
267     3.  A finding by the commission that an attorney has waived
268the right to seek compensation in excess of the flat fee
269established in s. 27.5304 and the General Appropriations Act, as
270provided in this paragraph, is presumed to be valid, unless, as
271determined by a court, the commission's finding is not supported
272by competent and substantial evidence.
273     Section 6.  Section 27.425, Florida Statutes, is amended to
274read:
275     27.425  Due process service rates; responsibilities of
276chief judge.-
277     (1)  The maximum chief judge of each circuit shall
278recommend compensation rates for state-funded due process
279service providers in cases in which the court has appointed
280private counsel or declared a person indigent for costs shall be
281specified annually in the General Appropriations Act. For
282purposes of this section, due process compensation rates do not
283include attorney's fees for legal representation of the client.
284     (2)  Annually, the chief judge shall submit proposed due
285process compensation rates to the Office of the State Courts
286Administrator for inclusion in the legislative budget request
287for the state courts system.
288     (3)  The maximum rates shall be specified annually in the
289General Appropriations Act. For the 2007-2008 fiscal year, the
290maximum rates shall be the rates in effect on June 30, 2007.
291     (2)(4)  The total amount expended for providers of due
292process services in eligible cases may not exceed the amount
293budgeted in the General Appropriations Act for the particular
294due process service.
295     (3)  The Justice Administrative Commission shall approve
296uniform contract forms for use in procuring due process services
297and uniform procedures for use by a due process provider, or a
298private attorney on behalf of a due process provider, in support
299of billing for due process services to demonstrate completion of
300the specified services.
301     Section 7.  Subsections (5) and paragraph (a) of subsection
302(6) of section 27.511, Florida Statutes, are amended to read:
303     27.511  Offices of criminal conflict and civil regional
304counsel; legislative intent; qualifications; appointment;
305duties.-
306     (5)  Effective October 1, 2007, When the Office of the
307Public Defender, at any time during the representation of two or
308more defendants, determines that the interests of those accused
309are so adverse or hostile that they cannot all be counseled by
310the public defender or his or her staff without a conflict of
311interest, or that none can be counseled by the public defender
312or his or her staff because of a conflict of interest, and the
313court grants the public defender's motion to withdraw, the
314office of criminal conflict and civil regional counsel shall be
315appointed and shall provide legal services, without additional
316compensation, to any person determined to be indigent under s.
31727.52, who is:
318     (a)  Under arrest for, or charged with, a felony;
319     (b)  Under arrest for, or charged with:
320     1.  A misdemeanor authorized for prosecution by the state
321attorney;
322     2.  A violation of chapter 316 punishable by imprisonment;
323     3.  Criminal contempt; or
324     4.  A violation of a special law or county or municipal
325ordinance ancillary to a state charge or, if not ancillary to a
326state charge, only if the office of criminal conflict and civil
327regional counsel contracts with the county or municipality to
328provide representation pursuant to ss. 27.54 and 125.69.
329
330The office of criminal conflict and civil regional counsel may
331not provide representation pursuant to this paragraph if the
332court, prior to trial, files in the cause an order of no
333imprisonment as provided in s. 27.512;
334     (c)  Alleged to be a delinquent child pursuant to a
335petition filed before a circuit court;
336     (d)  Sought by petition filed in such court to be
337involuntarily placed as a mentally ill person under part I of
338chapter 394, involuntarily committed as a sexually violent
339predator under part V of chapter 394, or involuntarily admitted
340to residential services as a person with developmental
341disabilities under chapter 393;
342     (e)  Convicted and sentenced to death, for purposes of
343handling an appeal to the Supreme Court; or
344     (f)  Is Appealing a matter in a case arising under
345paragraphs (a)-(d); or.
346     (g)  Seeking correction, reduction, or modification of a
347sentence under Rule 3.800, Florida Rules of Criminal Procedure,
348or seeking postconviction relief under Rule 3.850, Florida Rules
349of Criminal Procedure, if, in either case, the court determines
350that appointment of counsel is necessary to protect a person's
351due process rights.
352     (6)(a)  Effective October 1, 2007, The office of criminal
353conflict and civil regional counsel has primary responsibility
354for representing persons entitled to court-appointed counsel
355under the Federal or State Constitution or as authorized by
356general law in civil proceedings, including, but not limited to,
357proceedings under s. 393.12 and chapters 39, 390, 392, 397, 415,
358743, 744, and 984 and proceedings to terminate parental rights
359under chapter 63. Private court-appointed counsel eligible under
360s. 27.40 have primary responsibility for representing minors who
361request counsel under s. 390.01114, the Parental Notice of
362Abortion Act; however, the office of criminal conflict and civil
363regional counsel may represent a minor under that section if the
364court finds that no private court-appointed attorney is
365available.
366     Section 8.  Section 27.52, Florida Statutes, is amended to
367read:
368     27.52  Determination of indigent status.-
369     (1)  APPLICATION TO THE CLERK.-A person seeking appointment
370of a public defender under s. 27.51 based upon an inability to
371pay must apply to the clerk of the court for a determination of
372indigent status using an application form developed by the
373Florida Clerks of Court Operations Corporation with final
374approval by the Supreme Court.
375     (a)  The application must include, at a minimum, the
376following financial information:
377     1.  Net income, consisting of total salary and wages, minus
378deductions required by law, including court-ordered support
379payments.
380     2.  Other income, including, but not limited to, social
381security benefits, union funds, veterans' benefits, workers'
382compensation, other regular support from absent family members,
383public or private employee pensions, unemployment compensation,
384dividends, interest, rent, trusts, and gifts.
385     3.  Assets, including, but not limited to, cash, savings
386accounts, bank accounts, stocks, bonds, certificates of deposit,
387equity in real estate, and equity in a boat or a motor vehicle
388or in other tangible property.
389     4.  All liabilities and debts.
390     5.  If applicable, the amount of any bail paid for the
391applicant's release from incarceration and the source of the
392funds.
393
394The application must include a signature by the applicant which
395attests to the truthfulness of the information provided. The
396application form developed by the corporation must include
397notice that the applicant may seek court review of a clerk's
398determination that the applicant is not indigent, as provided in
399this section.
400     (b)  An applicant shall pay a $50 application fee to the
401clerk for each application for court-appointed counsel filed.
402The applicant shall pay the fee within 7 days after submitting
403the application. If the applicant does not pay the fee prior to
404the disposition of the case, the clerk shall notify the court,
405and the court shall:
406     1.  Assess the application fee as part of the sentence or
407as a condition of probation; or
408     2.  Assess the application fee pursuant to s. 938.29.
409     (c)  Notwithstanding any provision of law, court rule, or
410administrative order, the clerk shall assign the first $50 of
411any fees or costs paid by an indigent person as payment of the
412application fee. A person found to be indigent may not be
413refused counsel or other required due process services for
414failure to pay the fee.
415     (d)  All application fees collected by the clerk under this
416section shall be transferred monthly by the clerk to the
417Department of Revenue for deposit in the Indigent Criminal
418Defense Trust Fund administered by the Justice Administrative
419Commission, to be used to as appropriated by the Legislature.
420The clerk may retain 2 percent of application fees collected
421monthly for administrative costs prior to remitting the
422remainder to the Department of Revenue.
423     (e)1.  The clerk shall assist a person who appears before
424the clerk and requests assistance in completing the application,
425and the clerk shall notify the court if a person is unable to
426complete the application after the clerk has provided
427assistance.
428     2.  If the person seeking appointment of a public defender
429is incarcerated, the public defender is responsible for
430providing the application to the person and assisting him or her
431in its completion and is responsible for submitting the
432application to the clerk on the person's behalf. The public
433defender may enter into an agreement for jail employees,
434pretrial services employees, or employees of other criminal
435justice agencies to assist the public defender in performing
436functions assigned to the public defender under this
437subparagraph.
438     (2)  DETERMINATION BY THE CLERK.-The clerk of the court
439shall determine whether an applicant seeking appointment of a
440public defender is indigent based upon the information provided
441in the application and the criteria prescribed in this
442subsection.
443     (a)1.  An applicant, including an applicant who is a minor
444or an adult tax-dependent person, is indigent if the applicant's
445income is equal to or below 200 percent of the then-current
446federal poverty guidelines prescribed for the size of the
447household of the applicant by the United States Department of
448Health and Human Services or if the person is receiving
449Temporary Assistance for Needy Families-Cash Assistance,
450poverty-related veterans' benefits, or Supplemental Security
451Income (SSI).
452     2.a.  There is a presumption that the applicant is not
453indigent if the applicant owns, or has equity in, any intangible
454or tangible personal property or real property or the expectancy
455of an interest in any such property having a net equity value of
456$2,500 or more, excluding the value of the person's homestead
457and one vehicle having a net value not exceeding $5,000.
458     b.  Notwithstanding the information that the applicant
459provides, the clerk shall conduct a review of the property
460records for the county in which the applicant resides and the
461motor vehicle title records of the state to identify any
462property interests of the applicant under this subparagraph. The
463clerk shall evaluate and consider the results of the review in
464making a determination under this subsection. The clerk shall
465maintain the results of the review in a file with the
466application and provide the file to the court if the applicant
467seeks review under subsection (4) of the clerk's determination
468of indigent status.
469     (b)  Based upon its review, the clerk shall make one of the
470following determinations:
471     1.  The applicant is not indigent.
472     2.  The applicant is indigent.
473     (c)1.  If the clerk determines that the applicant is
474indigent, the clerk shall submit the determination to the office
475of the public defender and immediately file the determination in
476the case file.
477     2.  If the public defender is unable to provide
478representation due to a conflict pursuant to s. 27.5303, the
479public defender shall move the court for withdrawal from
480representation and appointment of the office of criminal
481conflict and civil regional counsel.
482     (d)  The duty of the clerk in determining whether an
483applicant is indigent shall be limited to receiving the
484application and comparing the information provided in the
485application to the criteria prescribed in this subsection. The
486determination of indigent status is a ministerial act of the
487clerk and not a decision based on further investigation or the
488exercise of independent judgment by the clerk. The clerk may
489contract with third parties to perform functions assigned to the
490clerk under this section.
491     (e)  The applicant may seek review of the clerk's
492determination that the applicant is not indigent in the court
493having jurisdiction over the matter at the next scheduled
494hearing. If the applicant seeks review of the clerk's
495determination of indigent status, the court shall make a final
496determination as provided in subsection (4).
497     (3)  APPOINTMENT OF COUNSEL ON INTERIM BASIS.-If the clerk
498of the court has not made a determination of indigent status at
499the time a person requests appointment of a public defender, the
500court shall make a preliminary determination of indigent status,
501pending further review by the clerk, and may, by court order,
502appoint a public defender, the office of criminal conflict and
503civil regional counsel, or private counsel on an interim basis.
504     (4)  REVIEW OF CLERK'S DETERMINATION.-
505     (a)  If the clerk of the court determines that the
506applicant is not indigent, and the applicant seeks review of the
507clerk's determination, the court shall make a final
508determination of indigent status by reviewing the information
509provided in the application against the criteria prescribed in
510subsection (2) and by considering the following additional
511factors:
512     1.  Whether the applicant has been released on bail in an
513amount of $5,000 or more.
514     2.  Whether a bond has been posted, the type of bond, and
515who paid the bond.
516     3.  Whether paying for private counsel in an amount that
517exceeds the limitations in s. 27.5304, or other due process
518services creates a substantial hardship for the applicant or the
519applicant's family.
520     4.  Any other relevant financial circumstances of the
521applicant or the applicant's family.
522     (b)  Based upon its review, the court shall make one of the
523following determinations and, if the applicant is indigent,
524shall appoint a public defender, the office of criminal conflict
525and civil regional counsel, or, if appropriate, private counsel:
526     1.  The applicant is not indigent.
527     2.  The applicant is indigent.
528     (5)  INDIGENT FOR COSTS.-A person who is eligible to be
529represented by a public defender under s. 27.51 but who is
530represented by private counsel not appointed by the court for a
531reasonable fee as approved by the court or, on a pro bono basis,
532or who is proceeding pro se, may move the court for a
533determination that he or she is indigent for costs and eligible
534for the provision of due process services, as prescribed by ss.
53529.006 and 29.007, funded by the state.
536     (a)  The person must file a written motion with the court
537and submit to the court:
538     1.  The completed application prescribed in subsection (1).
539     2.  In the case of a person represented by counsel, an
540affidavit attesting to the estimated amount of attorney's fees
541and the source of payment for these fees.
542     (b)  The person shall arrange for service of a copy of the
543motion and attachments on the Justice Administrative Commission.
544The commission has standing to appear before the court to
545contest any motion to declare a person indigent for costs and
546may participate in a hearing on the motion by use of telephonic
547or other communication equipment.
548     (c)  If the person did not apply for a determination of
549indigent status under subsection (1) in the same case and is not
550already liable for the application fee required under that
551subsection, he or she becomes liable for payment of the fee upon
552filing the motion with the court.
553     (d)(b)  In reviewing the motion, the court shall consider:
554     1.  Whether the applicant applied for a determination of
555indigent status under subsection (1) and the outcome of such
556application.
557     2.  The extent to which the person's income equals or
558exceeds the income criteria prescribed in subsection (2).
559     3.  The additional factors prescribed in subsection (4).
560     4.  Whether the applicant is proceeding pro se.
561     5.  When the applicant retained private counsel.
562     6.  The amount of any attorney's fees and who is paying the
563fees. There is a presumption that the applicant is not indigent
564for costs if the amount of attorney's fees exceeds $5,000 for a
565noncapital case or $25,000 for a capital case in which the state
566is seeking the death penalty. To overcome this presumption, the
567applicant has the burden to show through clear and convincing
568evidence that the fees are reasonable based on the nature and
569complexity of the case. In determining the reasonableness of the
570fees, the court shall consider the amount that a private court-
571appointed attorney paid by the state would receive for providing
572representation for that type of case.
573     (e)(c)  Based upon its review, the court shall make one of
574the following determinations:
575     1.  The applicant is not indigent for costs.
576     2.  The applicant is indigent for costs.
577     (f)(d)  The provision of due process services based upon a
578determination that a person is indigent for costs under this
579subsection must be effectuated pursuant to a court order, a copy
580of which the clerk shall provide to counsel representing the
581person, or to the person directly if he or she is proceeding pro
582se, for use in requesting payment of due process expenses
583through the Justice Administrative Commission. Private counsel
584representing a person declared indigent for costs shall execute
585the Justice Administrative Commission's contract for counsel
586representing persons determined to be indigent for costs.
587Private counsel representing a person declared indigent for
588costs may not receive state funds, either directly or on behalf
589of due process providers, unless the attorney has executed the
590contract required under this paragraph.
591     (g)  Costs shall be reimbursed at the rates established
592under ss. 27.425 and 27.5305. To receive reimbursement of costs,
593either directly or on behalf of due process providers, private
594counsel representing a person declared indigent for costs shall
595comply with the procedures and requirements under this chapter
596governing billings by and compensation of private court-
597appointed counsel.
598     (h)  The court may not appoint an attorney paid by the
599state based on a finding that the defendant is indigent for
600costs if the defendant has privately retained and paid counsel.
601     (i)  A defendant who is found guilty of a criminal act by a
602court or jury or enters a plea of guilty or nolo contendere and
603who received due process services after being found indigent for
604costs under this subsection is liable for payment of due process
605costs expended by the state.
606     1.  The attorney representing the defendant, or the
607defendant if he or she is proceeding pro se, shall provide an
608accounting to the court delineating all costs paid or to be paid
609by the state within 90 days after disposition of the case
610notwithstanding any appeals.
611     2.  The court shall issue an order determining the amount
612of all costs paid by the state and any costs for which
613prepayment was waived under this section or s. 57.081. The clerk
614shall cause a certified copy of the order to be recorded in the
615official records of the county, at no cost. The recording
616constitutes a lien against the person in favor of the state in
617the county in which the order is recorded. The lien may be
618enforced in the same manner prescribed in s. 938.29.
619     3.  If the attorney or the pro se defendant fails to
620provide a complete accounting of costs expended by the state and
621consequently costs are omitted from the lien, the attorney or
622pro se defendant may not receive reimbursement or any other form
623of direct or indirect payment for those costs if the state has
624not paid the costs. The attorney or pro se defendant shall repay
625the state for those costs if the state has already paid the
626costs. The clerk of the court may establish a payment plan under
627s. 28.246 and may charge the attorney or pro se defendant a one-
628time administrative processing charge under s. 28.24(26)(c).
629     (6)  DUTIES OF PARENT OR LEGAL GUARDIAN.-A nonindigent
630parent or legal guardian of an applicant who is a minor or an
631adult tax-dependent person shall furnish the minor or adult tax-
632dependent person with the necessary legal services and costs
633incident to a delinquency proceeding or, upon transfer of such
634person for criminal prosecution as an adult pursuant to chapter
635985, a criminal prosecution in which the person has a right to
636legal counsel under the Constitution of the United States or the
637Constitution of the State of Florida. The failure of a parent or
638legal guardian to furnish legal services and costs under this
639section does not bar the appointment of legal counsel pursuant
640to this section, s. 27.40, or s. 27.5303. When the public
641defender, the office of criminal conflict and civil regional
642counsel, a private court-appointed conflict counsel, or a
643private attorney is appointed to represent a minor or an adult
644tax-dependent person in any proceeding in circuit court or in a
645criminal proceeding in any other court, the parents or the legal
646guardian shall be liable for payment of the fees, charges, and
647costs of the representation even if the person is a minor being
648tried as an adult. Liability for the fees, charges, and costs of
649the representation shall be imposed in the form of a lien
650against the property of the nonindigent parents or legal
651guardian of the minor or adult tax-dependent person. The lien is
652enforceable as provided in s. 27.561 or s. 938.29.
653     (7)  FINANCIAL DISCREPANCIES; FRAUD; FALSE INFORMATION.-
654     (a)  If the court learns of discrepancies between the
655application or motion and the actual financial status of the
656person found to be indigent or indigent for costs, the court
657shall determine whether the public defender, office of criminal
658conflict and civil regional counsel, or private attorney shall
659continue representation or whether the authorization for any
660other due process services previously authorized shall be
661revoked. The person may be heard regarding the information
662learned by the court. If the court, based on the information,
663determines that the person is not indigent or indigent for
664costs, the court shall order the public defender, office of
665criminal conflict and civil regional counsel, or private
666attorney to discontinue representation and revoke the provision
667of any other authorized due process services.
668     (b)  If the court has reason to believe that any applicant,
669through fraud or misrepresentation, was improperly determined to
670be indigent or indigent for costs, the matter shall be referred
671to the state attorney. Twenty-five percent of any amount
672recovered by the state attorney as reasonable value of the
673services rendered, including fees, charges, and costs paid by
674the state on the person's behalf, shall be remitted to the
675Department of Revenue for deposit into the Grants and Donations
676Trust Fund within the Justice Administrative Commission.
677Seventy-five percent of any amount recovered shall be remitted
678to the Department of Revenue for deposit into the General
679Revenue Fund.
680     (c)  A person who knowingly provides false information to
681the clerk or the court in seeking a determination of indigent
682status under this section commits a misdemeanor of the first
683degree, punishable as provided in s. 775.082 or s. 775.083.
684     Section 9.  Subsection (4) of section 27.5304, Florida
685Statutes, is amended to read:
686     27.5304  Private court-appointed counsel; compensation.-
687     (4)(a)  The attorney shall submit a bill for attorney's
688fees, costs, and related expenses within 90 days after the
689disposition of the case at the lower court level,
690notwithstanding any appeals. The Justice Administrative
691Commission shall provide by contract with the attorney for
692imposition of a penalty of:
693     1.  Fifteen 15 percent of the allowable attorney's fees,
694costs, and related expenses for a bill that is submitted more
695than 90 days after the disposition of the case at the lower
696court level, notwithstanding any appeals;.
697     2.  For cases for which disposition occurs on or after July
6981, 2010, 50 percent of the allowable attorney's fees, costs, and
699related expenses for a bill that is submitted more than 1 year
700after the disposition of the case at the lower court level,
701notwithstanding any appeals; or
702     3.  For cases for which disposition occurs on or after July
7031, 2010, 75 percent of the allowable attorney's fees, costs, and
704related expenses for a bill that is submitted more than 2 years
705after the disposition of the case at the lower court level,
706notwithstanding any appeals.
707     (b)  For purposes of this subsection, the term
708"disposition" means:
709     1.  At the trial court level, that the court has entered a
710final appealable judgment, unless rendition of judgment is
711stayed by the filing of a timely motion for rehearing. The
712filing of a notice of appeal does not stay the time for
713submission of an intended billing; and
714     2.  At the appellate court level, that the court has issued
715its mandate.
716     Section 10.  Section 27.5305, Florida Statutes, is created
717to read:
718     27.5305  Attorney or provider compensation; conditions;
719requirements.-This section applies to the payment by the state
720through the Justice Administrative Commission of legal fees and
721due process costs in an eligible criminal or civil matter when a
722person receives the services of a private court-appointed
723attorney or is declared indigent for costs.
724     (1)  ELECTRONIC FUNDS TRANSFER.-
725     (a)  A person requesting compensation from the state
726through the Justice Administrative Commission for the provision
727of criminal or civil legal representation or other due process
728services must, as a condition for compensation, participate in a
729direct-deposit program under which the person authorizes the
730transfer of funds electronically to an account in the person's
731name at a federally chartered or state-chartered financial
732institution.
733     (b)  The Justice Administrative Commission may exempt a
734person from compliance with this section if the commission finds
735that participation in a direct-deposit program creates a
736financial hardship for the person.
737     (c)  This subsection applies to compensation for services
738that are provided on or after January 1, 2011.
739     (2)  TRANSCRIPTS.-
740     (a)  The state may pay for the cost of preparing a
741transcript of a deposition only if the private court-appointed
742attorney secures an order from the court finding that
743preparation of the transcript is necessary, in which case the
744state may pay for one original and one copy only.
745     (b)  The state may pay for the cost of one original
746transcript of any deposition, hearing, or other proceeding. Any
747other payment for a transcript of that same deposition, hearing,
748or other proceeding, regardless of whether the transcript is an
749additional original transcript or a copy, shall be at the rate
750paid for a copy of a transcript. This paragraph applies
751regardless of which state agency pays for the first original
752transcript.
753     (3)  COURT REPORTERS; INVESTIGATORS.-Beginning with the
7542010-2011 fiscal year, and applicable to services performed
755starting in that year, uniform statewide rates shall be
756prescribed annually in the General Appropriations Act for the
757payment of:
758     (a)  Court reporting services that are not provided through
759the state courts system; and
760     (b)  Private investigation services.
761     (4)  EXPERT WITNESSES; MITIGATION SPECIALISTS.-A private
762court-appointed attorney must obtain authorization from the
763court to employ an out-of-state expert or mitigation specialist
764upon a showing that an expert or mitigation specialist who has
765appropriate skills or expertise is not available from within the
766county in which the case was filed or from elsewhere in the
767state. An order authorizing the employment must be in writing
768and contain specific findings regarding the unavailability of a
769qualified in-state expert or mitigation specialist. The attorney
770shall submit a copy of the order to the Justice Administrative
771Commission.
772     (5)  RIGHT TO DISCOVERY.-The Justice Administrative
773Commission has a right to engage in discovery in accordance with
774the Florida Rules of Civil Procedure on a motion to the court
775seeking payment of attorney's fees, costs, or other expenses.
776This right includes a reasonable opportunity to obtain discovery
777before a hearing on the motion.
778     Section 11.  Subsection (7) is added to section 28.241,
779Florida Statutes, to read:
780     28.241  Filing fees for trial and appellate proceedings.-
781     (7)  Nothing in this section authorizes the assessment of a
782filing fee if the assessment is otherwise prohibited by law.
783     Section 12.  Section 28.245, Florida Statutes, is amended
784to read:
785     28.245  Transmittal of funds to Department of Revenue;
786uniform remittance form required.-Notwithstanding any other
787provision of law, all moneys collected by the clerks of the
788court as part of the clerk's court-related functions for
789subsequent distribution to any state entity must be transmitted
790electronically, by the 10th 20th day of the month immediately
791after following the month in which the moneys are collected, to
792the Department of Revenue for appropriate distribution. A
793uniform remittance form provided by the Department of Revenue
794detailing the specific amounts due each fund must accompany such
795submittal. All moneys collected by the clerks of court for
796remittance to any entity must be distributed pursuant to the law
797in effect at the time of collection.
798     Section 13.  Subsection (6) of section 28.246, Florida
799Statutes, is amended to read:
800     28.246  Payment of court-related fees, charges, and costs;
801partial payments; distribution of funds.-
802     (6)  A clerk of court shall pursue the collection of any
803fees, service charges, fines, court costs, and liens for the
804payment of attorney's fees and costs pursuant to s. 938.29 which
805remain unpaid after 90 days by referring the account to a
806private attorney who is a member in good standing of The Florida
807Bar or collection agent who is registered and in good standing
808pursuant to chapter 559. In pursuing the collection of such
809unpaid financial obligations through a private attorney or
810collection agent, the clerk of the court must have attempted to
811collect the unpaid amount through a collection court,
812collections docket, or other collections process, if any,
813established by the court, find this to be cost-effective and
814follow any applicable procurement practices. The collection fee,
815including any reasonable attorney's fee, paid to any attorney or
816collection agent retained by the clerk may be added to the
817balance owed in an amount not to exceed 40 percent of the amount
818owed at the time the account is referred to the attorney or
819agent for collection. The clerk shall give the private attorney
820or collection agent the application for the appointment of
821court-appointed counsel regardless of whether the court file is
822otherwise confidential from disclosure.
823     Section 14.  Subsections (3) and (10) of section 28.36,
824Florida Statutes, are amended to read:
825     28.36  Budget procedure.-There is established a budget
826procedure for preparing budget requests for funding for the
827court-related functions of the clerks of the court.
828     (3)  Each clerk shall include in his or her budget request
829the number of personnel and the proposed budget for each of the
830following core services:
831     (a)  Circuit criminal Case processing.
832     (b)  County criminal Financial processing.
833     (c)  Juvenile delinquency Jury management.
834     (d)  Criminal traffic Information and reporting.
835     (e)  Circuit civil.
836     (f)  County civil.
837     (g)  Civil traffic.
838     (h)  Probate.
839     (i)  Family.
840     (j)  Juvenile dependency.
841
842Central administrative costs shall be allocated among the core-
843services categories.
844     (10)(a)  Beginning in the 2010-2011 fiscal year, the
845corporation shall release appropriations to each clerk
846quarterly. If funds in the Clerks of Court Trust Fund are
847insufficient to provide a release in a quarter in a single
848release, the corporation may release partial amounts for that
849quarter so long as the total of those partial amounts does not
850exceed that quarter's release. If funds in the Clerks of Court
851Trust Fund are insufficient for the first quarter release, the
852corporation may make a request to the Governor for a trust fund
853loan pursuant to chapter 215. The amount of the first three
854releases shall be based on one quarter of the estimated budget
855for each clerk as identified in the General Appropriations Act.
856     (b)  The corporation shall estimate the fourth quarter's
857number of units to be performed by each clerk. The amount of the
858fourth-quarter release shall be based on the approved unit cost
859times the estimated number of units of the fourth quarter with
860the following adjustment: the fourth-quarter release shall be
861adjusted based on the first three quarter's actual number of
862service units provided as reported to the corporation by each
863clerk. If the clerk has performed fewer service units in the
864first three quarters of the year compared to three quarters of
865the estimated number of service units in the General
866Appropriations Act, the corporation shall decrease the fourth-
867quarter release. The amount of the decrease shall equal the
868amount of the difference between estimated number of service
869units for the first three quarters and the actual number of
870service units provided in the first three quarters times the
871approved unit cost.
872     (c)  No adjustment for the fourth-quarter release shall be
873made if the clerk has performed more units than the estimate for
874the first three quarters.
875     (d)  If the clerk performs fewer units in the fourth
876quarter than estimated by the corporation, the corporation shall
877decrease the first-quarter release for the clerk in the next
878fiscal year by the amount of the difference between the
879estimated number of service units for the fourth quarter and the
880actual number of service units performed in that quarter times
881the approved unit cost.
882     (e)  The total of all releases to the clerks of court may
883not exceed the amount appropriated in the General Appropriations
884Act. If, during the year, the corporation determines that the
885projected releases of appropriations for service units will
886exceed the estimate used in the General Appropriations Act and
887result in statewide expenditures greater than the amount
888appropriated by law, the corporation shall reduce all service
889unit costs of all clerks by the amount necessary to ensure that
890service units are funded within the total amount appropriated to
891the clerks of court. If such action is necessary, the
892corporation shall notify the Legislative Budget Commission. If
893the Legislative Budget Commission objects to the adjustments,
894the Legislative Budget Commission shall adjust all service unit
895costs by the amount necessary to ensure that projected units of
896service are funded within the total amount appropriated to the
897clerks of court at its next scheduled meeting. For the 2009-2010
898fiscal year, the corporation shall release appropriations in an
899amount equal to one-twelfth of each clerk's approved budget each
900month. The statewide total appropriation for the 2009-2010
901fiscal year shall be set in the General Appropriations Act. The
902corporation shall determine the amount of each clerk of court
903budget, but the statewide total of such amounts may not exceed
904the amount listed in the General Appropriations Act. Beginning
905in the 2010-2011 fiscal year, the corporation shall release
906appropriations to each clerk quarterly. The amount of the
907release shall be based on the prior quarter's performance of
908service units identified in the four core services and the
909established unit costs for each clerk.
910     Section 15.  Section 29.0095, Florida Statutes, is
911repealed.
912     Section 16.  Section 29.0195, Florida Statutes, is amended
913to read:
914     29.0195  Recovery of expenditures for state-funded
915services.-The trial court administrator of each circuit shall
916recover expenditures for state-funded services when those
917services have been furnished to a user of the state court system
918who possesses the present ability to pay. The rate of
919compensation for such services shall be the actual cost of the
920services, including the cost of recovery. The trial court
921administrator shall deposit moneys recovered under this section
922in the Administrative Operating Trust Fund within the state
923courts court system. The trial court administrator shall recover
924the costs of court reporter services and transcription; court
925interpreter services, including translation; and any other
926service for which state funds were used to provide a product or
927service within the circuit. This section does not authorize cost
928recovery from entities described in ss. 29.005, 29.006, and
92929.007.
930     Section 17.  Paragraph (a) of subsection (1) of section
93134.041, Florida Statutes, is amended to read:
932     34.041  Filing fees.-
933     (1)(a)  Upon the institution of any civil action, suit, or
934proceeding in county court, the party shall pay the following
935filing fee, not to exceed:
936     1.  For all claims less than $100     $50.
937     2.  For all claims of $100 or more but not more than $500
938     $75.
939     3.  For all claims of more than $500 but not more than
940$2,500     $170.
941     4.  For all claims of more than $2,500     $295.
942     5.  In addition, for all proceedings of garnishment,
943attachment, replevin, and distress     $85.
944     6.  Notwithstanding subparagraphs 3. and 5., for all claims
945of not more than $1,000 filed simultaneously with an action for
946replevin of property that is the subject of the claim     $125.
947     7.  For removal of tenant action     $180.
948
949The filing fee in subparagraph 6. is the total fee due under
950this paragraph for that type of filing, and no other filing fee
951under this paragraph may be assessed against such a filing.
952     Section 18.  Subsection (6) of section 35.22, Florida
953Statutes, is amended to read:
954     35.22  Clerk of district court; appointment; compensation;
955assistants; filing fees; teleconferencing.-
956     (6)  The clerk of each district court of appeal is required
957to deposit all fees collected in the State Treasury to the
958credit of the General Revenue Fund, except that $50 of each $300
959filing fee collected shall be deposited into the State Courts
960Revenue state court's Operating Trust Fund to fund court
961operations improvement projects as authorized in the General
962Appropriations Act. The clerk shall retain an accounting of each
963such remittance.
964     Section 19.  Section 39.0134, Florida Statutes, is amended
965to read:
966     39.0134  Appointed counsel; compensation.-
967     (1)  If counsel is entitled to receive compensation for
968representation pursuant to a court appointment in a dependency
969proceeding or a termination of parental rights proceeding
970pursuant to this chapter, compensation shall be paid in
971accordance with s. 27.5304. The state may acquire and enforce a
972lien upon court-ordered payment of attorney's fees and costs in
973the same manner prescribed in s. 938.29 accordance with s.
974984.08.
975     (2)(a)  A parent whose child is dependent, regardless of
976whether adjudication was withheld, or whose parental rights are
977terminated and who has received the assistance of the office of
978criminal conflict and civil regional counsel, or any other
979court-appointed attorney, or who has received due process
980services after being found indigent for costs, shall be liable
981for payment of the assessed application fee under s. 57.082,
982together with reasonable attorney's fees and costs as determined
983by the court.
984     (b)  If reasonable attorney's fees or costs are assessed,
985the court, at its discretion, may make payment of the fees or
986costs part of any case plan in dependency proceedings. However,
987a case plan may not remain open for the sole issue of payment of
988attorney's fees or costs. At the court's discretion, a lien upon
989court-ordered payment of attorney's fees and costs may be
990ordered by the court and enforced in the same manner prescribed
991in s. 938.29.
992     (c)  The clerk of the court shall transfer monthly all
993attorney's fees and costs collected under this subsection to the
994Department of Revenue for deposit into the Indigent Civil
995Defense Trust Fund, to be used as appropriated by the
996Legislature and consistent with s. 27.511.
997     Section 20.  Subsection (1) of section 39.821, Florida
998Statutes, is amended to read:
999     39.821  Qualifications of guardians ad litem.-
1000     (1)  Because of the special trust or responsibility placed
1001in a guardian ad litem, the Guardian Ad Litem Program may use
1002any private funds collected by the program, or any state funds
1003so designated, to conduct a security background investigation
1004before certifying a volunteer to serve. A security background
1005investigation must include, but need not be limited to,
1006employment history checks, checks of references, local criminal
1007history records checks through local law enforcement agencies,
1008and statewide criminal history records checks through the
1009Department of Law Enforcement. Upon request, an employer shall
1010furnish a copy of the personnel record for the employee or
1011former employee who is the subject of a security background
1012investigation conducted under this section. The information
1013contained in the personnel record may include, but need not be
1014limited to, disciplinary matters and the reason why the employee
1015was terminated from employment. An employer who releases a
1016personnel record for purposes of a security background
1017investigation is presumed to have acted in good faith and is not
1018liable for information contained in the record without a showing
1019that the employer maliciously falsified the record. A security
1020background investigation conducted under this section must
1021ensure that a person is not certified as a guardian ad litem if
1022the person has an arrest awaiting final disposition for, been
1023convicted of, regardless of adjudication, or entered a plea of
1024nolo contendere or guilty to, or has been adjudicated delinquent
1025and the record has not been sealed or expunged for, any offense
1026prohibited under the provisions listed in s. 435.04. All
1027applicants certified on or after July 1, 2010, must undergo a
1028level 2 background screening pursuant to chapter 435 before
1029being certified the provisions of the Florida Statutes specified
1030in s. 435.04(2) or under any similar law in another
1031jurisdiction. Before certifying an applicant to serve as a
1032guardian ad litem, the Guardian Ad Litem Program may request a
1033federal criminal records check of the applicant through the
1034Federal Bureau of Investigation. In analyzing and evaluating the
1035information obtained in the security background investigation,
1036the program must give particular emphasis to past activities
1037involving children, including, but not limited to, child-related
1038criminal offenses or child abuse. The program has the sole
1039discretion in determining whether to certify a person based on
1040his or her security background investigation. The information
1041collected pursuant to the security background investigation is
1042confidential and exempt from s. 119.07(1).
1043     Section 21.  Subsections (1) and (5) of section 57.082,
1044Florida Statutes, are amended to read:
1045     57.082  Determination of civil indigent status.-
1046     (1)  APPLICATION TO THE CLERK.-A person seeking appointment
1047of an attorney in a civil case eligible for court-appointed
1048counsel, or seeking relief from payment of filing fees and
1049prepayment of costs under s. 57.081, based upon an inability to
1050pay must apply to the clerk of the court for a determination of
1051civil indigent status using an application form developed by the
1052Florida Clerks of Court Operations Corporation with final
1053approval by the Supreme Court.
1054     (a)  The application must include, at a minimum, the
1055following financial information:
1056     1.  Net income, consisting of total salary and wages, minus
1057deductions required by law, including court-ordered support
1058payments.
1059     2.  Other income, including, but not limited to, social
1060security benefits, union funds, veterans' benefits, workers'
1061compensation, other regular support from absent family members,
1062public or private employee pensions, unemployment compensation,
1063dividends, interest, rent, trusts, and gifts.
1064     3.  Assets, including, but not limited to, cash, savings
1065accounts, bank accounts, stocks, bonds, certificates of deposit,
1066equity in real estate, and equity in a boat or a motor vehicle
1067or in other tangible property.
1068     4.  All liabilities and debts.
1069
1070The application must include a signature by the applicant which
1071attests to the truthfulness of the information provided. The
1072application form developed by the corporation must include
1073notice that the applicant may seek court review of a clerk's
1074determination that the applicant is not indigent, as provided in
1075this section.
1076     (b)  The clerk shall assist a person who appears before the
1077clerk and requests assistance in completing the application, and
1078the clerk shall notify the court if a person is unable to
1079complete the application after the clerk has provided
1080assistance.
1081     (c)  The clerk shall accept an application that is signed
1082by the applicant and submitted on his or her behalf by a private
1083attorney who is representing the applicant in the applicable
1084matter.
1085     (d)  A person who seeks appointment of an attorney in a
1086proceeding case under chapter 39, at shelter hearings or during
1087the adjudicatory process, during the judicial review process,
1088upon the filing of a petition to terminate parental rights, or
1089upon the filing of any appeal, or if the person seeks
1090appointment of an attorney in a reopened proceeding the trial or
1091appellate level, for which an indigent person is eligible for
1092court-appointed representation, must shall pay a $50 application
1093fee to the clerk for each application filed. A person is not
1094required to pay more than one application fee per case. However,
1095an appeal or the reopening of a proceeding shall be deemed to be
1096a distinct case. The applicant must shall pay the fee within 7
1097days after submitting the application. If the applicant has not
1098paid the fee within 7 days, the court shall enter an order
1099requiring payment, and the clerk shall pursue collection under
1100s. 28.246. The clerk shall transfer monthly all application fees
1101collected under this paragraph to the Department of Revenue for
1102deposit into the Indigent Civil Defense Trust Fund, to be used
1103as appropriated by the Legislature. The clerk may retain 10
1104percent of application fees collected monthly for administrative
1105costs prior to remitting the remainder to the Department of
1106Revenue. A person found to be indigent may not be refused
1107counsel. If the person cannot pay the application fee, the clerk
1108shall enroll the person in a payment plan pursuant to s. 28.246.
1109     (5)  APPOINTMENT OF COUNSEL.-In appointing counsel after a
1110determination that a person is indigent under this section, the
1111court shall first appoint the office of criminal conflict and
1112civil regional counsel, as provided in s. 27.511, unless
1113specific provision is made in law for the appointment of the
1114public defender in the particular civil proceeding. The court
1115shall also order the person to pay the application fee under
1116subsection (1), or enroll in a payment plan if he or she is
1117unable to pay the fee, if the fee remains unpaid or if the
1118person has not enrolled in a payment plan at the time the court
1119appoints counsel. However, a person who is found to be indigent
1120may not be refused counsel.
1121     Section 22.  Subsection (4) of section 68.085, Florida
1122Statutes, is amended to read:
1123     68.085  Awards to plaintiffs bringing action.-
1124     (4)  Following any distributions under subsection (1),
1125subsection (2), or subsection (3), the agency injured by the
1126submission of a false or fraudulent claim shall be awarded an
1127amount not to exceed its compensatory damages. If the action was
1128based on a claim of funds from the state Medicaid program, 10
1129percent of any remaining proceeds shall be deposited into the
1130Operating Legal Affairs Revolving Trust Fund to fund rewards for
1131persons who report and provide information relating to Medicaid
1132fraud pursuant to s. 409.9203. Any remaining proceeds, including
1133civil penalties awarded under s. 68.082, shall be deposited in
1134the General Revenue Fund.
1135     Section 23.  Subsection (2) of section 119.0714, Florida
1136Statutes, is amended to read:
1137     119.0714  Court files; court records; official records.-
1138     (2)  COURT RECORDS.-
1139     (a)  Until January 1, 2012 2011, if a social security
1140number or a bank account, debit, charge, or credit card number
1141is included in a court file, such number may be included as part
1142of the court record available for public inspection and copying
1143unless redaction is requested by the holder of such number or by
1144the holder's attorney or legal guardian.
1145     (b)  A request for redaction must be a signed, legibly
1146written request specifying the case name, case number, document
1147heading, and page number. The request must be delivered by mail,
1148facsimile, electronic transmission, or in person to the clerk of
1149the court. The clerk of the court does not have a duty to
1150inquire beyond the written request to verify the identity of a
1151person requesting redaction.
1152     (c)  A fee may not be charged for the redaction of a social
1153security number or a bank account, debit, charge, or credit card
1154number pursuant to such request.
1155     (d)  The clerk of the court has no liability for the
1156inadvertent release of social security numbers, or bank account,
1157debit, charge, or credit card numbers, unknown to the clerk of
1158the court in court records filed on or before January 1, 2012
11592011.
1160     (e)1.  On January 1, 2012 2011, and thereafter, the clerk
1161of the court must keep social security numbers confidential and
1162exempt as provided for in s. 119.071(5)(a), and bank account,
1163debit, charge, and credit card numbers exempt as provided for in
1164s. 119.071(5)(b), without any person having to request
1165redaction.
1166     2.  Section 119.071(5)(a)7. and 8. does not apply to the
1167clerks of the court with respect to court records.
1168     Section 24.  Paragraph (b) of subsection (13) of section
1169318.18, Florida Statutes, is amended to read:
1170     318.18  Amount of penalties.-The penalties required for a
1171noncriminal disposition pursuant to s. 318.14 or a criminal
1172offense listed in s. 318.17 are as follows:
1173     (13)
1174     (b)  A county may not impose a surcharge the surcharges
1175authorized under subparagraph subparagraphs (a)1.,
1176subparagraph(a)2., or and subparagraph(a)3., but may not impose
1177more than one surcharge under this subsection concurrently. A
1178county may elect to impose a different authorized surcharge but
1179may not impose more than one surcharge at a time. The clerk of
1180court shall report, no later than 30 days after the end of the
1181quarter, the amount of funds collected under this subsection
1182during each quarter of the fiscal year. The clerk shall submit
1183the report, in a format developed by the Office of State Courts
1184Administrator, to the chief judge of the circuit, the Governor,
1185the President of the Senate, the Speaker of the House of
1186Representatives, and the board of county commissioners.
1187     Section 25.  Effective October 1, 2010, section 320.061,
1188Florida Statutes, is amended to read:
1189     320.061  Unlawful to alter motor vehicle registration
1190certificates, license plates, mobile home stickers, or
1191validation stickers or to obscure license plates; penalty.-No
1192person shall alter the original appearance of any registration
1193license plate, mobile home sticker, validation sticker, or
1194vehicle registration certificate issued for and assigned to any
1195motor vehicle or mobile home, whether by mutilation, alteration,
1196defacement, or change of color or in any other manner. No person
1197shall apply or attach any substance, reflective matter,
1198illuminated device, spray, coating, covering, or other material
1199onto or around any license plate that interferes with the
1200legibility, angular visibility, or detectability of any feature
1201or detail on the license plate or interferes with the ability to
1202record any feature or detail on the license plate. Any person
1203who violates this section commits a noncriminal traffic
1204infraction, punishable as a moving violation as provided in
1205chapter 318 misdemeanor of the second degree, punishable as
1206provided in s. 775.082 or s. 775.083.
1207     Section 26.  Effective October 1, 2010, subsection (3) of
1208section 320.131, Florida Statutes, is amended to read:
1209     320.131  Temporary tags.-
1210     (3)  Any person or corporation who unlawfully issues or
1211uses a temporary tag or violates this section or any rule
1212adopted by the department to implement this section commits is
1213guilty of a noncriminal infraction, punishable as a moving
1214violation as provided in chapter 318 misdemeanor of the second
1215degree punishable as provided in s. 775.082 or s. 775.083 in
1216addition to other administrative action by the department.,
1217except that Using a temporary tag that has been expired for a
1218period of 7 days or less is a noncriminal infraction, and is a
1219nonmoving violation punishable as provided for in chapter 318.
1220     Section 27.  Effective October 1, 2010, subsections (1) and
1221(5) of section 322.03, Florida Statutes, are amended to read:
1222     322.03  Drivers must be licensed; penalties.-
1223     (1)  Except as otherwise authorized in this chapter, a
1224person may not drive any motor vehicle upon a highway in this
1225state unless such person has a valid driver's license issued
1226under this chapter.
1227     (a)  A person who drives a commercial motor vehicle may not
1228receive a driver's license unless and until he or she surrenders
1229to the department all driver's licenses in his or her possession
1230issued to him or her by any other jurisdiction or makes an
1231affidavit that he or she does not possess a driver's license.
1232Any such person who fails to surrender such licenses commits a
1233noncriminal infraction, punishable as a moving violation as set
1234forth in chapter 318. Any such person or who makes a false
1235affidavit concerning such licenses commits a misdemeanor of the
1236first degree, punishable as provided in s. 775.082 or s.
1237775.083.
1238     (b)  All surrendered licenses may be returned by the
1239department to the issuing jurisdiction together with information
1240that the licensee is now licensed in a new jurisdiction or may
1241be destroyed by the department, which shall notify the issuing
1242jurisdiction of such destruction. A person may not have more
1243than one valid driver's license at any time.
1244     (c)  Part-time residents of this state issued a license
1245that is valid within this state only under paragraph (b) as that
1246paragraph existed before November 1, 2009, may continue to hold
1247such license until the next issuance of a Florida driver's
1248license or identification card. Licenses that are identified as
1249"Valid in Florida Only" may not be issued or renewed effective
1250November 1, 2009. This paragraph expires June 30, 2017.
1251     (5)  It is a violation of this section for any person whose
1252driver's license has been expired for more than 6 4 months to
1253operate a motor vehicle on the highways of this state.
1254     Section 28.  Effective October 1, 2010, subsections (5) and
1255(6) of section 322.16, Florida Statutes, are amended to read:
1256     322.16  License restrictions.-
1257     (5)  It is a misdemeanor of the second degree, punishable
1258as provided in s. 775.082 or s. 775.083, for any person to
1259operate a motor vehicle in any manner in violation of the
1260restrictions imposed under paragraph (1)(c) in a license issued
1261to him or her except for a violation of paragraph (1)(d),
1262subsection (2), or subsection (3).
1263     (6)  Any person who operates a motor vehicle in violation
1264of the restrictions imposed under paragraph (1)(a), paragraph
1265(1)(b), in subsection (2), or subsection (3) will be charged
1266with a moving violation and fined in accordance with chapter
1267318.
1268     Section 29.  Subsection (1) of section 775.083, Florida
1269Statutes, is amended to read:
1270     775.083  Fines.-
1271     (1)  A person who has been convicted of an offense other
1272than a capital felony may be sentenced to pay a fine in addition
1273to any punishment described in s. 775.082; when specifically
1274authorized by statute, he or she may be sentenced to pay a fine
1275in lieu of any punishment described in s. 775.082. A person who
1276has been convicted of a noncriminal violation may be sentenced
1277to pay a fine. Fines for designated crimes and for noncriminal
1278violations shall not exceed:
1279     (a)  $15,000, when the conviction is of a life felony.
1280     (b)  $10,000, when the conviction is of a felony of the
1281first or second degree.
1282     (c)  $5,000, when the conviction is of a felony of the
1283third degree.
1284     (d)  $1,000, when the conviction is of a misdemeanor of the
1285first degree.
1286     (e)  $500, when the conviction is of a misdemeanor of the
1287second degree or a noncriminal violation.
1288     (f)  Any higher amount equal to double the pecuniary gain
1289derived from the offense by the offender or double the pecuniary
1290loss suffered by the victim.
1291     (g)  Any higher amount specifically authorized by statute.
1292
1293Fines imposed in this subsection shall be deposited by the clerk
1294of the court in the fine and forfeiture fund established
1295pursuant to s. 142.01, except that the clerk shall remit fines
1296imposed when adjudication is withheld to the Department of
1297Revenue for deposit shall be deposited in the General Revenue
1298Fund State Courts Revenue Trust Fund, and such fines imposed
1299when adjudication is withheld are not revenue for purposes of s.
130028.36 and may not be used in establishing the budget of the
1301clerk of the court under that section or s. 28.35. If a
1302defendant is unable to pay a fine, the court may defer payment
1303of the fine to a date certain. As used in this subsection, the
1304term "convicted" or "conviction" means a determination of guilt
1305which is the result of a trial or the entry of a plea of guilty
1306or nolo contendere, regardless of whether adjudication is
1307withheld.
1308     Section 30.  Subsection (5) of section 832.08, Florida
1309Statutes, is amended to read:
1310     832.08  State attorney bad check diversion program; fees
1311for collections.-
1312     (5)  To fund the diversion program, the state attorney may
1313collect a fee on each check that is collected through the state
1314attorney's office, whether it is collected through prosecution
1315or through the diversion program. Funds collected under this
1316subsection shall be deposited in the State Attorneys Revenue
1317Trust Fund. However, the state attorney may not collect such a
1318fee on any check collected through a diversion program which was
1319in existence in another office prior to October 1, 1986. A fee
1320may be collected by an office operating such a preexisting
1321diversion program for the purpose of funding such program. The
1322amount of the fee for each check shall not exceed:
1323     (a)  Twenty-five dollars, if the face value does not exceed
1324$50.
1325     (b)  Thirty dollars, if the face value is more than $50 but
1326does not exceed $300.
1327     (c)  Forty dollars, if the face value is more than $300.
1328     Section 31.  Section 938.06, Florida Statutes, is amended
1329to read:
1330     938.06  Additional Cost for crime stoppers programs.-
1331     (1)  In addition to any fine prescribed by law, when a
1332person is convicted of for any criminal offense, the county or
1333circuit court shall assess there is hereby assessed as a court
1334cost an additional surcharge of $20 on such fine, which shall be
1335imposed by all county and circuit courts and collected by the
1336clerks of the courts together with such fine.
1337     (2)  The clerk of the court shall collect and forward, on a
1338monthly basis, all costs assessed under this section, less $3
1339per assessment as a service charge to be retained by the clerk,
1340to the Department of Revenue for deposit in the Crime Stoppers
1341Trust Fund, to be used as provided in s. 16.555.
1342     (3)  As used in this section, the term "convicted" means a
1343determination of guilt that is the result of a trial or the
1344entry of a plea of guilty or nolo contendere, regardless of
1345whether adjudication is withheld.
1346     Section 32.  Subsection (8) of section 938.27, Florida
1347Statutes, is amended to read:
1348     938.27  Judgment for costs on conviction.-
1349     (8)  Costs for the state attorney shall be set in all cases
1350at no less than $50 per case when a misdemeanor or criminal
1351traffic offense is charged and no less than $100 per case when a
1352felony offense is charged, including a proceeding in which the
1353underlying offense is a violation of probation or community
1354control. The court may set a higher amount upon a showing of
1355sufficient proof of higher costs incurred. Costs recovered on
1356behalf of the state attorney under this section shall be
1357deposited into the State Attorneys Revenue attorney's grants and
1358donations Trust Fund to be used during the fiscal year in which
1359the funds are collected, or in any subsequent fiscal year, for
1360actual expenses incurred in investigating and prosecuting
1361criminal cases, which may include the salaries of permanent
1362employees, or for any other purpose authorized by the
1363Legislature.
1364     Section 33.  Paragraph (b) of subsection (2) of section
1365938.29, Florida Statutes, is amended to read:
1366     938.29  Legal assistance; lien for payment of attorney's
1367fees or costs.-
1368     (2)
1369     (b)  A judgment showing the name and residence of the
1370defendant-recipient or parent shall be recorded in the public
1371record, without cost, by the clerk of the circuit court in the
1372county where the defendant-recipient or parent resides and in
1373each county in which such defendant-recipient or parent then
1374owns or later acquires any property. Such judgments shall be
1375enforced on behalf of the state by the clerk of the circuit
1376court of the county in which assistance was rendered. The lien
1377against a parent shall remain in force notwithstanding the child
1378becoming emancipated or the child reaching the age of majority.
1379     Section 34.  Section 939.08, Florida Statutes, is amended
1380to read:
1381     939.08  Costs to be certified before audit.-In all cases
1382wherein is claimed the payment of applicable bills of costs,
1383fees, or expenses of the state courts system as provided in s.
138429.004, other than juror and witness fees, in the adjudication
1385of any case payable by the state, the trial court administrator
1386or the administrator's designee shall review the itemized bill.
1387The bill shall not be paid until the trial court administrator
1388or the administrator's designee has approved it and certified
1389that it is just, correct, and reasonable and contains no
1390unnecessary or illegal item.
1391     Section 35.  Paragraph (a) of subsection (1) of section
1392939.185, Florida Statutes, is amended to read:
1393     939.185  Assessment of additional court costs and
1394surcharges.-
1395     (1)(a)  The board of county commissioners may adopt by
1396ordinance an additional court cost, not to exceed $65, to be
1397imposed by the court when a person pleads guilty or nolo
1398contendere to, or is found guilty of, or adjudicated delinquent
1399for, any felony, misdemeanor, delinquent act, or criminal
1400traffic offense under the laws of this state. Such additional
1401assessment shall be accounted for separately by the county in
1402which the offense occurred and be used only in the county
1403imposing this cost, to be allocated as follows:
1404     1.  Twenty-five percent of the amount collected shall be
1405allocated to fund innovations, as determined by the chief judge
1406of the circuit, to supplement state funding for the elements of
1407the state courts system identified in s. 29.004 and county
1408funding for local requirements under s. 29.008(2)(a)2.
1409     2.  Twenty-five percent of the amount collected shall be
1410allocated to assist counties in providing legal aid programs
1411required under s. 29.008(3)(a).
1412     3.  Twenty-five percent of the amount collected shall be
1413allocated to fund personnel and legal materials for the public
1414as part of a law library.
1415     4.  Twenty-five percent of the amount collected shall be
1416used as determined by the board of county commissioners to
1417support teen court programs, except as provided in s. 938.19(7),
1418juvenile assessment centers, and other juvenile alternative
1419programs.
1420
1421Each county receiving funds under this section shall report the
1422amount of funds collected pursuant to this section and an
1423itemized list of expenditures for all authorized programs and
1424activities. The report shall be submitted in a format developed
1425by the Supreme Court to the Governor, the Chief Financial
1426Officer, the President of the Senate, and the Speaker of the
1427House of Representatives on a quarterly basis beginning with the
1428quarter ending September 30, 2004. Quarterly reports shall be
1429submitted no later than 30 days after the end of the quarter.
1430Any unspent funds at the close of the county fiscal year
1431allocated under subparagraphs 2., 3., and 4., shall be
1432transferred for use pursuant to subparagraph 1.
1433     Section 36.  Subsection (15) is added to section 943.03,
1434Florida Statutes, to read:
1435     943.03  Department of Law Enforcement.-
1436     (15)  The Department of Law Enforcement, in consultation
1437with the Criminal and Juvenile Justice Information Systems
1438Council established in s. 943.06, shall modify the existing
1439statewide uniform statute table in its criminal history system
1440to meet the business requirements of state and local criminal
1441justice and law enforcement agencies. In order to accomplish
1442this objective, the department shall:
1443     (a)  Define the minimum business requirements necessary for
1444successful implementation.
1445     (b)  Consider the charging and booking requirements of
1446sheriffs' offices and police departments and the business
1447requirements of state attorneys, public defenders, criminal
1448conflict and civil regional counsel, clerks of court, judges,
1449and state law enforcement agencies.
1450     (c)  Adopt rules establishing the necessary technical and
1451business process standards required to implement, operate, and
1452ensure uniform system use and compliance.
1453
1454The required system modifications and adopted rules shall be
1455implemented by December 31, 2012.
1456     Section 37.  Paragraph (b) of subsection (3) of section
1457943.053, Florida Statutes, is amended to read:
1458     943.053  Dissemination of criminal justice information;
1459fees.-
1460     (3)
1461     (b)  The fee per record for criminal history information
1462provided pursuant to this subsection and s. 943.0542 is $24 per
1463name submitted, except that the fee for the guardian ad litem
1464program and vendors of the Department of Children and Family
1465Services, the Department of Juvenile Justice, and the Department
1466of Elderly Affairs shall be $8 for each name submitted; the fee
1467for a state criminal history provided for application processing
1468as required by law to be performed by the Department of
1469Agriculture and Consumer Services shall be $15 for each name
1470submitted; and the fee for requests under s. 943.0542, which
1471implements the National Child Protection Act, shall be $18 for
1472each volunteer name submitted. The state offices of the Public
1473Defender shall not be assessed a fee for Florida criminal
1474history information or wanted person information.
1475     Section 38.  The amount of unexpended balances in the state
1476court's Operating Trust Fund attributable to collections made
1477pursuant to ss. 25.241 and 35.22, Florida Statutes, before
1478amendment by this act shall be transferred to the State Courts
1479Revenue Trust Fund, FLAIR number 22-2-057. All other unexpended
1480funds in the Operating Trust Fund are transferred to the
1481Administrative Trust Fund within the state courts system.
1482     Section 39.  The amount of unexpended balances in the state
1483attorney's grants and donations trust fund attributable to
1484collections made pursuant to ss. 832.08 and 938.27, Florida
1485Statutes, before amendment by this act shall be transferred to
1486the State Attorneys Revenue Trust Fund, FLAIR number 21-2-058.
1487     Section 40.  The sum of $3,600,000 of nonrecurring funds
1488from the Clerks of Court Trust Fund is appropriated to the
1489Florida Clerks of Court Operations Corporation to be distributed
1490to the clerks of court where the state court system has
1491distributed the increased resources provided in the 2010-2011
1492General Appropriations Act for workload associated with
1493foreclosure and economic recovery. The corporation shall submit
1494a budget amendment pursuant to chapter 216, Florida Statutes, to
1495distribute the funding among the clerks of court.
1496     Section 41.  The sum of $18,600,000 from the State Courts
1497Revenue Trust Fund is transferred to the Clerks of the Court
1498Trust Fund in the Justice Administrative Commission for the
1499purpose of paying the general revenue service charge for the
1500state fiscal year 2009-2010. This section shall take effect upon
1501this act becoming a law.
1502     Section 42.  Except as otherwise expressly provided in this
1503act, and except for this section which shall take effect upon
1504this act becoming a law, this act shall take effect July 1,
15052010.


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

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