October 30, 2020
Print This PagePrint This Page

  *
Session:
Bill #:
Session:
Chamber: View Search Tips
Search Term:
Year: View Search Tips
Search Term:
Senate Bill 0192

Senate Bill sb0192c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                            CS for SB 192

    By the Committee on Judiciary; and Senator Campbell





    308-907-04

  1                      A bill to be entitled

  2         An act relating to magistrates and masters;

  3         amending ss. 26.012, 27.06, 34.01, 48.20,

  4         142.09, 316.635, 373.603, 381.0012, 450.121,

  5         560.306, 633.14, 648.44, 817.482, 832.05,

  6         876.42, 893.12, 901.01, 901.02, 901.07, 901.08,

  7         901.09, 901.11, 901.12, 901.25, 902.15, 902.17,

  8         902.20, 902.21, 903.03, 903.32, 903.34, 914.22,

  9         923.01, 933.01, 933.06, 933.07, 933.10,

10         933.101, 933.13, 933.14, 939.02, 939.14,

11         941.13, 941.14, 941.15, 941.17, 941.18,

12         947.141, 948.06, 985.05, F.S., relating to

13         various court procedures; redesignating

14         "magistrates" as "trial court judges"; amending

15         ss. 56.071, 56.29, 61.1826, 64.061, 65.061,

16         69.051, 70.51, 92.142, 112.41, 112.43, 112.47,

17         162.03, 162.06, 162.09, 173.09, 173.10, 173.11,

18         173.12, 194.013, 194.034, 194.035, 206.16,

19         207.016, 320.411, 393.11, 394.467, 397.311,

20         397.681, 447.207, 447.403, 447.405, 447.407,

21         447.409, 475.011, 489.127, 489.531, 496.420,

22         501.207, 501.618, 559.936, 582.23, 631.182,

23         631.331, 633.052, 744.369, 760.11, 837.011,

24         838.014, 839.17, 916.107, 938.30, 945.43, F.S.,

25         relating to various administrative and judicial

26         proceedings; redesignating "masters" and

27         "general or special masters" as "general or

28         special magistrates"; providing an effective

29         date.

30  

31  Be It Enacted by the Legislature of the State of Florida:

                                  1

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1         Section 1.  Subsection (5) is added to section 26.012,

 2  Florida Statutes, to read:

 3         26.012  Jurisdiction of circuit court.--

 4         (5)  A circuit court is a trial court.

 5         Section 2.  Section 27.06, Florida Statutes, is amended

 6  to read:

 7         27.06  Habeas corpus and preliminary trials.--The

 8  several state attorneys of this state shall represent the

 9  state in all cases of habeas corpus arising in their

10  respective circuits, and shall also represent the state,

11  either in person or by assistant, in cases of preliminary

12  trials of persons charged with capital offenses in all cases

13  where the committing trial court judge magistrate shall have

14  given due and timely notice of the time and place of such

15  trial.  Notice of the application for the writ of habeas

16  corpus shall be given to the prosecuting officer of the court

17  wherein the statute under attack is being applied, the

18  criminal law proceeding is being maintained, or the conviction

19  has occurred.

20         Section 3.  Subsections (2) and (3) of section 34.01,

21  Florida Statutes, are amended, and subsection (5) is added to

22  that section, to read:

23         34.01  Jurisdiction of county court.--

24         (2)  The county courts shall have jurisdiction

25  previously exercised by county judges' courts other than that

26  vested in the circuit court by s. 26.012, except that county

27  court judges may hear matters involving dissolution of

28  marriage under the simplified dissolution procedure pursuant

29  to Rule 1.611(c), Florida Family Law Rules of Civil Procedure

30  or may issue a final order for dissolution in cases where the

31  matter is uncontested, and the jurisdiction previously

                                  2

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1  exercised by county courts, the claims court, small claims

 2  courts, small claims magistrates courts, magistrates courts,

 3  justice of the peace courts, municipal courts, and courts of

 4  chartered counties, including but not limited to the counties

 5  referred to in ss. 9, 10, 11, and 24, Art. VIII of the State

 6  Constitution of 1968 1885.

 7         (3)  Judges of county courts shall also be committing

 8  trial court judges magistrates. Judges of county courts shall

 9  be coroners unless otherwise provided by law or by rule of the

10  Supreme Court.

11         (4)  Judges of county courts may hear all matters in

12  equity involved in any case within the jurisdictional amount

13  of the county court, except as otherwise restricted by the

14  State Constitution or the laws of Florida.

15         (5)  A county court is a trial court.

16         Section 4.  Section 48.20, Florida Statutes, is amended

17  to read:

18         48.20  Service of process on Sunday.--Service or

19  execution on Sunday of any writ, process, warrant, order, or

20  judgment is void and the person serving or executing, or

21  causing it to be served or executed, is liable to the party

22  aggrieved for damages for so doing as if he or she had done it

23  without any process, writ, warrant, order, or judgment.  If

24  affidavit is made by the person requesting service or

25  execution that he or she has good reason to believe that any

26  person liable to have any such writ, process, warrant, order,

27  or judgment served on him or her intends to escape from this

28  state under protection of Sunday, any officer furnished with

29  an order authorizing service or execution by the trial court

30  judge or magistrate of any incorporated town may serve or

31  execute such writ, process, warrant, order, or judgment on

                                  3

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1  Sunday, and it is as valid as if it had been done on any other

 2  day.

 3         Section 5.  Section 142.09, Florida Statutes, is

 4  amended to read:

 5         142.09  If defendant is not convicted or dies.--If the

 6  defendant is not convicted, or the prosecution is abated by

 7  the death of the defendant, or if the costs are imposed on the

 8  defendant and execution against him or her is returned no

 9  property found, or if a nolle prosse be entered, in each of

10  these cases the fees of witnesses and officers arising from

11  criminal causes shall be paid by the county in the manner

12  specified in ss. 142.10-142.12; provided, that when a

13  committing trial court judge magistrate holds to bail or

14  commits a person to answer to a criminal charge and an

15  information is not filed or an indictment found against such

16  person, the costs and fees of such committing trial shall not

17  be paid by the county, except the costs of executing the

18  warrants.

19         Section 6.  Subsection (3) of section 316.635, Florida

20  Statutes, is amended to read:

21         316.635  Courts having jurisdiction over traffic

22  violations; powers relating to custody and detention of

23  minors.--

24         (3)  If a minor is taken into custody for a criminal

25  traffic offense or a violation of chapter 322 and the minor

26  does not demand to be taken before a trial court judge, or a

27  Civil Traffic Infraction Hearing Officer, who has jurisdiction

28  over the offense or violation magistrate, the arresting

29  officer or booking officer shall immediately notify, or cause

30  to be notified, the minor's parents, guardian, or responsible

31  adult relative of the action taken. After making every

                                  4

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1  reasonable effort to give notice, the arresting officer or

 2  booking officer may:

 3         (a)  Issue a notice to appear pursuant to chapter 901

 4  and release the minor to a parent, guardian, responsible adult

 5  relative, or other responsible adult;

 6         (b)  Issue a notice to appear pursuant to chapter 901

 7  and release the minor pursuant to s. 903.06;

 8         (c)  Issue a notice to appear pursuant to chapter 901

 9  and deliver the minor to an appropriate substance abuse

10  treatment or rehabilitation facility or refer the minor to an

11  appropriate medical facility as provided in s. 901.29.  If the

12  minor cannot be delivered to an appropriate substance abuse

13  treatment or rehabilitation facility or medical facility, the

14  arresting officer may deliver the minor to an appropriate

15  intake office of the Department of Juvenile Justice, which

16  shall take custody of the minor and make any appropriate

17  referrals; or

18         (d)  If the violation constitutes a felony and the

19  minor cannot be released pursuant to s. 903.03, transport and

20  deliver the minor to an appropriate Department of Juvenile

21  Justice intake office. Upon delivery of the minor to the

22  intake office, the department shall assume custody and proceed

23  pursuant to chapter 984 or chapter 985.

24  

25  If action is not taken pursuant to paragraphs (a)-(d), the

26  minor shall be delivered to the Department of Juvenile

27  Justice, and the department shall make every reasonable effort

28  to contact the parents, guardian, or responsible adult

29  relative to take custody of the minor. If there is no parent,

30  guardian, or responsible adult relative available, the

31  department may retain custody of the minor for up to 24 hours.

                                  5

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1         Section 7.  Section 373.603, Florida Statutes, is

 2  amended to read:

 3         373.603  Power to enforce.--The Department of

 4  Environmental Protection or the governing board of any water

 5  management district and any officer or agent thereof may

 6  enforce any provision of this law or any rule or regulation

 7  adopted and promulgated or order issued thereunder to the same

 8  extent as any peace officer is authorized to enforce the law.

 9  Any officer or agent of any such board may appear before any

10  trial court judge magistrate empowered to issue warrants in

11  criminal cases and make an affidavit and apply for the

12  issuance of a warrant in the manner provided by law.; and said

13  magistrate, If such affidavit alleges shall allege the

14  commission of an offense, the trial court judge shall issue a

15  warrant directed to any sheriff or deputy for the arrest of

16  any offender. The provisions of this section shall apply to

17  the Florida Water Resources Act of 1972 in its entirety.

18         Section 8.  Subsection (4) of section 381.0012, Florida

19  Statutes, is amended to read:

20         381.0012  Enforcement authority.--

21         (4)  The department may appear before any trial court

22  judge magistrate empowered to issue warrants in criminal cases

23  and request the issuance of a warrant.  The trial court judge

24  magistrate shall issue a warrant directed to any sheriff,

25  deputy, or police officer to assist in any way to carry out

26  the purpose and intent of this chapter.

27         Section 9.  Subsections (3) and (4) of section 450.121,

28  Florida Statutes, are amended to read:

29         450.121  Enforcement of Child Labor Law.--

30         (3)  It is the duty of any trial court judge magistrate

31  of any court in the state to issue warrants and try cases made

                                  6

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1  within the limit of any municipality city over which such

 2  magistrate has jurisdiction in connection with the violation

 3  of this law.

 4         (4)  Grand juries shall have inquisitorial powers to

 5  investigate violations of this chapter; also, trial county

 6  court judges and judges of the circuit courts shall specially

 7  charge the grand jury, at the beginning of each term of the

 8  court, to investigate violations of this chapter.

 9         Section 10.  Subsection (2) of section 560.306, Florida

10  Statutes, is amended to read:

11         560.306  Standards.--

12         (2)  The office may deny registration if it finds that

13  the applicant, or any money transmitter-affiliated party of

14  the applicant, has been convicted of a crime involving moral

15  turpitude in any jurisdiction or of a crime which, if

16  committed in this state, would constitute a crime involving

17  moral turpitude under the laws of this state. For the purposes

18  of this part, a person shall be deemed to have been convicted

19  of a crime if such person has either pleaded guilty to or been

20  found guilty of a charge before a court or a federal

21  magistrate, or by the verdict of a jury, irrespective of the

22  pronouncement of sentence or the suspension thereof. The

23  office may take into consideration the fact that such plea of

24  guilty, or such decision, judgment, or verdict, has been set

25  aside, reversed, or otherwise abrogated by lawful judicial

26  process or that the person convicted of the crime received a

27  pardon from the jurisdiction where the conviction was entered

28  or received a certificate pursuant to any provision of law

29  which removes the disability under this part because of such

30  conviction.

31  

                                  7

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1         Section 11.  Section 633.14, Florida Statutes, is

 2  amended to read:

 3         633.14  Agents; powers to make arrests, conduct

 4  searches and seizures, serve summonses, and carry

 5  firearms.--Agents of the State Fire Marshal shall have the

 6  same authority to serve summonses, make arrests, carry

 7  firearms, and make searches and seizures, as the sheriff or

 8  her or his deputies, in the respective counties where such

 9  investigations, hearings, or inspections may be held; and

10  affidavits necessary to authorize any such arrests, searches,

11  or seizures may be made before any trial court judge

12  magistrate having authority under the law to issue appropriate

13  processes.

14         Section 12.  Paragraph (e) of subsection (1) and

15  paragraph (c) of subsection (2) of section 648.44, Florida

16  Statutes, are amended to read:

17         648.44  Prohibitions; penalty.--

18         (1)  A bail bond agent or temporary bail bond agent may

19  not:

20         (e)  Pay a fee or rebate or give or promise anything of

21  value to a jailer, police officer, peace officer, or

22  committing trial court judge magistrate or any other person

23  who has power to arrest or to hold in custody or to any public

24  official or public employee in order to secure a settlement,

25  compromise, remission, or reduction of the amount of any bail

26  bond or estreatment thereof.

27         (2)  The following persons or classes shall not be bail

28  bond agents, temporary bail bond agents, or employees of a

29  bail bond agent or a bail bond business and shall not directly

30  or indirectly receive any benefits from the execution of any

31  bail bond:

                                  8

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1         (c)  Committing trial court judges magistrates,

 2  employees of a court, or employees of the clerk of any court.

 3         Section 13.  Subsection (3) of section 817.482, Florida

 4  Statutes, is amended to read:

 5         817.482  Possessing or transferring device for theft of

 6  telecommunications service; concealment of destination of

 7  telecommunications service.--

 8         (3)  Any such instrument, apparatus, equipment, or

 9  device, or plans or instructions therefor, referred to in

10  subsections (1) and (2), may be seized by court order or under

11  a search warrant of a judge or magistrate or incident to a

12  lawful arrest; and upon the conviction of any person for a

13  violation of any provision of this act, or s. 817.481, such

14  instrument, apparatus, equipment, device, plans, or

15  instructions either shall be destroyed as contraband by the

16  sheriff of the county in which such person was convicted or

17  turned over to the telephone company in whose territory such

18  instrument, apparatus, equipment, device, plans, or

19  instructions were seized.

20         Section 14.  Subsection (8) of section 832.05, Florida

21  Statutes, is amended to read:

22         832.05  Giving worthless checks, drafts, and debit card

23  orders; penalty; duty of drawee; evidence; costs; complaint

24  form.--

25         (8)  COSTS.--When a prosecution is initiated under this

26  section before any committing trial court judge magistrate,

27  the party applying for the warrant shall be held liable for

28  costs accruing in the event the case is dismissed for want of

29  prosecution.  No costs shall be charged to the county in such

30  dismissed cases.

31  

                                  9

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1         Section 15.  Section 876.42, Florida Statutes, is

 2  amended to read:

 3         876.42  Witnesses' privileges.--No person shall be

 4  excused from attending and testifying, or producing any books,

 5  papers, or other documents before any court, magistrate,

 6  referee, or grand jury upon any investigation, proceeding, or

 7  trial, for or relating to or concerned with a violation of any

 8  section of this law or attempt to commit such violation, upon

 9  the ground or for the reason that the testimony or evidence,

10  documentary or otherwise, required by the state may tend to

11  convict the person of a crime or to subject him or her to a

12  penalty or forfeiture; but no person shall be prosecuted or

13  subjected to any penalty or forfeiture for or on account of

14  any transaction, matter, or thing concerning which the person

15  may so testify or produce evidence, documentary or otherwise,

16  and no testimony so given or produced shall be received

17  against the person, upon any criminal investigation,

18  proceeding, or trial, except upon a prosecution for perjury or

19  contempt of court, based upon the giving or producing of such

20  testimony.

21         Section 16.  Paragraph (a) of subsection (1) of section

22  893.12, Florida Statutes, is amended to read:

23         893.12  Contraband; seizure, forfeiture, sale.--

24         (1)  All substances controlled by this chapter and all

25  listed chemicals, which substances or chemicals are handled,

26  delivered, possessed, or distributed contrary to any

27  provisions of this chapter, and all such controlled substances

28  or listed chemicals the lawful possession of which is not

29  established or the title to which cannot be ascertained, are

30  declared to be contraband, are subject to seizure and

31  confiscation by any person whose duty it is to enforce the

                                  10

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1  provisions of the chapter, and shall be disposed of as

 2  follows:

 3         (a)  Except as in this section otherwise provided, the

 4  court having jurisdiction shall order such controlled

 5  substances or listed chemicals forfeited and destroyed.  A

 6  record of the place where said controlled substances or listed

 7  chemicals were seized, of the kinds and quantities of

 8  controlled substances or listed chemicals destroyed, and of

 9  the time, place, and manner of destruction shall be kept, and

10  a return under oath reporting said destruction shall be made

11  to the court or magistrate by the officer who destroys them.

12         Section 17.  Section 901.01, Florida Statutes, is

13  amended to read:

14         901.01  Judicial officers have to be committing

15  authority magistrates.--Each state judicial officer is a

16  conservator of the peace and has a committing magistrate with

17  authority to issue warrants of arrest, commit offenders to

18  jail, and recognize them to appear to answer the charge.  He

19  or she may require sureties of the peace when the peace has

20  been substantially threatened or disturbed.

21         Section 18.  Subsection (1) of section 901.02, Florida

22  Statutes, is amended to read:

23         901.02  When warrant of arrest to be issued.--

24         (1)  A warrant may be issued for the arrest of the

25  person complained against if the trial court judge magistrate,

26  from the examination of the complainant and other witnesses,

27  reasonably believes that the person complained against has

28  committed an offense within the trial court judge's

29  magistrate's jurisdiction. A warrant is issued at the time it

30  is signed by the trial court judge magistrate.

31  

                                  11

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1         Section 19.  Section 901.07, Florida Statutes, is

 2  amended to read:

 3         901.07  Admission to bail when arrest occurs in another

 4  county.--

 5         (1)  When an arrest by a warrant occurs in a county

 6  other than the one in which the alleged offense was committed

 7  and the warrant issued, if the person arrested has a right to

 8  bail, the arresting officer shall inform the person of his or

 9  her right and, upon request, shall take the person before a

10  trial court judge magistrate or other official of the same

11  county having authority to admit to bail. The official shall

12  admit the person arrested to bail for his or her appearance

13  before the trial court judge magistrate who issued the

14  warrant.

15         (2)  If the person arrested does not have a right to

16  bail or, when informed of his or her right to bail, does not

17  furnish bail immediately, the officer who made the arrest or

18  the officer having the warrant shall take the person before

19  the trial court judge magistrate who issued the warrant.

20         Section 20.  Section 901.08, Florida Statutes, is

21  amended to read:

22         901.08  Issue of warrant when offense triable in

23  another county.--

24         (1)  When a complaint before a trial court judge

25  magistrate charges the commission of an offense that is

26  punishable by death or life imprisonment and is triable in

27  another county of the state, but it appears that the person

28  against whom the complaint is made is in the county where the

29  complaint is made, the same proceedings for issuing a warrant

30  shall be used as prescribed in this chapter, except that the

31  warrant shall require the person against whom the complaint is

                                  12

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1  made to be taken before a designated trial court judge

 2  magistrate of the county in which the offense is triable.

 3         (2)  If the person arrested has a right to bail, the

 4  officer making the arrest shall inform the person of his or

 5  her right to bail and, on request, shall take the person

 6  before a trial court judge magistrate or other official having

 7  authority to admit to bail in the county in which the arrest

 8  is made.  The official shall admit the person to bail for his

 9  or her appearance before the trial court judge magistrate

10  designated in the warrant.

11         (3)  If the person arrested does not have a right to

12  bail or, when informed of his or her right to bail, does not

13  furnish bail immediately, he or she shall be taken before the

14  trial court judge magistrate designated in the warrant.

15         Section 21.  Section 901.09, Florida Statutes, is

16  amended to read:

17         901.09  When summons shall be issued.--

18         (1)  When the complaint is for an offense that the

19  trial court judge magistrate is empowered to try summarily,

20  the trial court judge magistrate shall issue a summons instead

21  of a warrant, unless she or he reasonably believes that the

22  person against whom the complaint was made will not appear

23  upon a summons, in which event the trial court judge

24  magistrate shall issue a warrant.

25         (2)  When the complaint is for a misdemeanor that the

26  trial court judge magistrate is not empowered to try

27  summarily, the trial court judge magistrate shall issue a

28  summons instead of a warrant if she or he reasonably believes

29  that the person against whom the complaint was made will

30  appear upon a summons.

31  

                                  13

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1         (3)  The summons shall set forth substantially the

 2  nature of the offense and shall command the person against

 3  whom the complaint was made to appear before the trial court

 4  judge magistrate at a stated time and place.

 5         Section 22.  Section 901.11, Florida Statutes, is

 6  amended to read:

 7         901.11  Effect of not answering summons.--Failure to

 8  appear as commanded by a summons without good cause is an

 9  indirect criminal contempt of court and may be punished by a

10  fine of not more than $100.  When a person fails to appear as

11  commanded by a summons, the trial court judge magistrate shall

12  issue a warrant.  If the trial court judge magistrate acquires

13  reason to believe that the person summoned will not appear as

14  commanded after issuing a summons, the trial court judge

15  magistrate may issue a warrant.

16         Section 23.  Section 901.12, Florida Statutes, is

17  amended to read:

18         901.12  Summons against corporation.--When a complaint

19  of an offense is made against a corporation, the trial court

20  judge magistrate shall issue a summons that shall set forth

21  substantially the nature of the offense and command the

22  corporation to appear before the trial court judge magistrate

23  at a stated time and place.

24         Section 24.  Subsection (3) of section 901.25, Florida

25  Statutes, is amended to read:

26         901.25  Fresh pursuit; arrest outside jurisdiction.--

27         (3)  If an arrest is made in this state by an officer

28  outside the county within which his or her jurisdiction lies,

29  the officer shall immediately notify the officer in charge of

30  the jurisdiction in which the arrest is made.  Such officer in

31  charge of the jurisdiction shall, along with the officer

                                  14

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1  making the arrest, take the person so arrested before a trial

 2  county court judge or other committing magistrate of the

 3  county in which the arrest was made without unnecessary delay.

 4         Section 25.  Section 902.15, Florida Statutes, is

 5  amended to read:

 6         902.15  Undertaking by witness.--When a defendant is

 7  held to answer on a charge for a crime punishable by death or

 8  life imprisonment, the trial court judge magistrate at the

 9  preliminary hearing may require each material witness to enter

10  into a written recognizance to appear at the trial or forfeit

11  a sum fixed by the trial court judge magistrate. Additional

12  security may be required in the discretion of the trial court

13  judge magistrate.

14         Section 26.  Subsections (1), (2), and (3) of section

15  902.17, Florida Statutes, are amended to read:

16         902.17  Procedure when witness does not give

17  security.--

18         (1)  If a witness required to enter into a recognizance

19  to appear refuses to comply with the order, the trial court

20  judge magistrate shall commit the witness to custody until she

21  or he complies or she or he is legally discharged.

22         (2)  If the trial court judge magistrate requires a

23  witness to give security for her or his appearance and the

24  witness is unable to give the security, the witness may apply

25  to the court having jurisdiction to try the defendant for a

26  reduction of the security.

27         (3)  If it appears from examination on oath of the

28  witness or any other person that the witness is unable to give

29  security, the trial court judge magistrate or the court having

30  jurisdiction to try the defendant shall make an order finding

31  that fact, and the witness shall be detained pending

                                  15

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1  application for her or his conditional examination. Within 3

 2  days after from the entry of the order, the witness shall be

 3  conditionally examined on application of the state or the

 4  defendant.  The examination shall be by question and answer in

 5  the presence of the other party and counsel, and shall be

 6  transcribed by a court reporter or stenographer selected by

 7  the parties. At the completion of the examination the witness

 8  shall be discharged. The deposition of the witness may be

 9  introduced in evidence at the trial by the defendant, or, if

10  the prosecuting attorney and the defendant and the defendant's

11  counsel agree, it may be admitted in evidence by stipulation.

12  The deposition shall not be admitted on behalf of the state

13  without the consent of the defendant.

14         Section 27.  Section 902.20, Florida Statutes, is

15  amended to read:

16         902.20  Contempts before committing trial court judge

17  magistrate.--A committing trial court judge magistrate holding

18  a preliminary hearing shall have the same power to punish for

19  contempts that she or he has while presiding at the trial of

20  criminal cases.

21         Section 28.  Section 902.21, Florida Statutes, is

22  amended to read:

23         902.21  Commitment to jail in another county.--If a

24  person is committed in a county where there is no jail, the

25  committing trial court judge magistrate shall direct the

26  sheriff to deliver the accused to a jail in another county.

27         Section 29.  Subsection (1) of section 903.03, Florida

28  Statutes, is amended to read:

29         903.03  Jurisdiction of trial court to admit to bail;

30  duties and responsibilities of Department of Corrections.--

31  

                                  16

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1         (1)  After a person is held to answer by a trial court

 2  judge magistrate, the court having jurisdiction to try the

 3  defendant shall, before indictment, affidavit, or information

 4  is filed, have jurisdiction to hear and decide all preliminary

 5  motions regarding bail and production or impounding of all

 6  articles, writings, moneys, or other exhibits expected to be

 7  used at the trial by either the state or the defendant.

 8         Section 30.  Subsection (2) of section 903.32, Florida

 9  Statutes, is amended to read:

10         903.32  Defects in bond.--

11         (2)  If no day, or an impossible day, is stated in a

12  bond for the defendant's appearance before a trial court judge

13  magistrate for a hearing, the defendant shall be bound to

14  appear 10 days after receipt of notice to appear by the

15  defendant, the defendant's counsel, or any surety on the

16  undertaking. If no day, or an impossible day, is stated in a

17  bond for the defendant's appearance for trial, the defendant

18  shall be bound to appear on the first day of the next term of

19  court that will commence more than 3 days after the

20  undertaking is given.

21         Section 31.  Section 903.34, Florida Statutes, is

22  amended to read:

23         903.34  Who may admit to bail.--In criminal actions

24  instituted or pending in any state court, bonds given by

25  defendants before trial until appeal shall be approved by a

26  committing trial court judge magistrate or the sheriff. Appeal

27  bonds shall be approved as provided in s. 924.15.

28         Section 32.  Subsection (4) of section 914.22, Florida

29  Statutes, is amended to read:

30         914.22  Tampering with a witness, victim, or

31  informant.--

                                  17

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1         (4)  In a prosecution for an offense under this

 2  section, no state of mind need be proved with respect to the

 3  circumstance:

 4         (a)  That the official proceeding before a judge,

 5  court, magistrate, grand jury, or government agency is before

 6  a judge or court of the state, a state or local grand jury, or

 7  a state agency; or

 8         (b)  That the judge is a judge of the state or that the

 9  law enforcement officer is an officer or employee of the state

10  or a person authorized to act for or on behalf of the state or

11  serving the state as an adviser or consultant.

12         Section 33.  Section 923.01, Florida Statutes, is

13  amended to read:

14         923.01  Criminal report.--Each committing trial court

15  judge magistrate at the time commitment papers are sent by her

16  or him to the proper trial court, and the sheriff when an

17  arrest is made, other than on a capias, shall transmit to the

18  prosecuting attorney of the trial court having jurisdiction, a

19  report in the following form:

20  

21                         CRIMINAL REPORT

22  Date: .... Name and address of defendant: .... Age: ..... If

23  under 18, give name and address of parent, next friend, or

24  guardian: .... Name of offense, such as murder, assault,

25  robbery, etc.: .... Date and place where committed: .... Value

26  of property stolen: .... Kind of property stolen: .... Kind of

27  building robbed: .... Name and address of owner of property

28  stolen or building robbed: .... Name and address of occupant

29  of building robbed: .... Name of party assaulted or murdered:

30  .... Weapon used in assault or murder: .... Exhibits taken at

31  scene of crime or from defendant: .... Name of custodian of

                                  18

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1  such exhibits: .... Location of building or place where

 2  offense committed: .... Previous prison record of defendant:

 3  .... Has defendant been arrested: .... Does defendant desire

 4  to plead guilty: .... Names and addresses of state witnesses:

 5  .... Name of defendant's lawyer: .... If defendant is released

 6  on bond, names and addresses of sureties: .... Brief statement

 7  of facts: .... Name of committing trial court judge

 8  magistrate: .... If additional space required, use reverse

 9  side of this sheet.

10                  ...(Signature of party making this report.)...

11         Section 34.  Section 933.01, Florida Statutes, is

12  amended to read:

13         933.01  Persons competent to issue search warrant.--A

14  search warrant authorized by law may be issued by any judge,

15  including the judge of any circuit court of this state or

16  county court judge, or committing judge of the trial court

17  magistrate having jurisdiction where the place, vehicle, or

18  thing to be searched may be.

19         Section 35.  Section 933.06, Florida Statutes, is

20  amended to read:

21         933.06  Sworn application required before

22  issuance.--The judge or magistrate must, before issuing the

23  warrant, have the application of some person for said warrant

24  duly sworn to and subscribed, and may receive further

25  testimony from witnesses or supporting affidavits, or

26  depositions in writing, to support the application.  The

27  affidavit and further proof, if same be had or required, must

28  set forth the facts tending to establish the grounds of the

29  application or probable cause for believing that they exist.

30         Section 36.  Subsection (1) of section 933.07, Florida

31  Statutes, is amended to read:

                                  19

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1         933.07  Issuance of search warrants.--

 2         (1)  The judge, upon examination of the application and

 3  proofs submitted, if satisfied that probable cause exists for

 4  the issuing of the search warrant, shall thereupon issue a

 5  search warrant signed by him or her with his or her name of

 6  office, to any sheriff and the sheriff's deputies or any

 7  police officer or other person authorized by law to execute

 8  process, commanding the officer or person forthwith to search

 9  the property described in the warrant or the person named, for

10  the property specified, and to bring the property and any

11  person arrested in connection therewith before the judge

12  magistrate or some other court having jurisdiction of the

13  offense.

14         Section 37.  Section 933.10, Florida Statutes, is

15  amended to read:

16         933.10  Execution of search warrant during day or

17  night.--A search warrant issued under the provisions of this

18  chapter may, if expressly authorized in such warrant by the

19  judge or magistrate issuing the same, be executed by being

20  served either in the daytime or in the nighttime, as the

21  exigencies of the occasion may demand or require.

22         Section 38.  Section 933.101, Florida Statutes, is

23  amended to read:

24         933.101  Service on Sunday.--A search warrant may be

25  executed by being served on Sunday, if expressly authorized in

26  such warrant by the judge or magistrate issuing the same.

27         Section 39.  Section 933.13, Florida Statutes, is

28  amended to read:

29         933.13  Copy of inventory shall be delivered upon

30  request.--The judge or magistrate to whom the warrant is

31  returned, upon the request of any claimant or any person from

                                  20

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1  whom said property is taken, or the officer who executed the

 2  search warrant, shall deliver to said applicant a true copy of

 3  the inventory of the property mentioned in the return on said

 4  warrant.

 5         Section 40.  Subsections (1), (3), and (4) of section

 6  933.14, Florida Statutes, are amended to read:

 7         933.14  Return of property taken under search

 8  warrant.--

 9         (1)  If it appears to the magistrate or judge before

10  whom the warrant is returned that the property or papers taken

11  are not the same as that described in the warrant, or that

12  there is no probable cause for believing the existence of the

13  grounds upon which the warrant was issued, or if it appears to

14  the judge magistrate before whom any property is returned that

15  the property was secured by an "unreasonable" search, the

16  judge or magistrate may order a return of the property taken;

17  provided, however, that in no instance shall contraband such

18  as slot machines, gambling tables, lottery tickets, tally

19  sheets, rundown sheets, or other gambling devices,

20  paraphernalia and equipment, or narcotic drugs, obscene prints

21  and literature be returned to anyone claiming an interest

22  therein, it being the specific intent of the Legislature that

23  no one has any property rights subject to be protected by any

24  constitutional provision in such contraband; provided,

25  further, that the claimant of said contraband may upon sworn

26  petition and proof submitted by him or her in the circuit

27  court of the county where seized, show that said contraband

28  articles so seized were held, used or possessed in a lawful

29  manner, for a lawful purpose, and in a lawful place, the

30  burden of proof in all cases being upon the claimant.  The

31  sworn affidavit or complaint upon which the search warrant was

                                  21

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1  issued or the testimony of the officers showing probable cause

 2  to search without a warrant or incident to a legal arrest, and

 3  the finding of such slot machines, gambling tables, lottery

 4  tickets, tally sheets, rundown sheets, scratch sheets, or

 5  other gambling devices, paraphernalia, and equipment,

 6  including money used in gambling or in furtherance of

 7  gambling, or narcotic drugs, obscene prints and literature, or

 8  any of them, shall constitute prima facie evidence of the

 9  illegal possession of such contraband and the burden shall be

10  upon the claimant for the return thereof, to show that such

11  contraband was lawfully acquired, possessed, held, and used.

12         (3)  No pistol or firearm taken by any officer with a

13  search warrant or without a search warrant upon a view by the

14  officer of a breach of the peace shall be returned except

15  pursuant to an order of a trial circuit judge or a county

16  court judge.

17         (4)  If no cause is shown for the return of any

18  property seized or taken under a search warrant, the judge or

19  magistrate shall order that the same be impounded for use as

20  evidence at any trial of any criminal or penal cause growing

21  out of the having or possession of said property, but

22  perishable property held or possessed in violation of law may

23  be sold where the same is not prohibited, as may be directed

24  by the court, or returned to the person from whom taken.  The

25  judge or magistrate to whom said search warrant is returned

26  shall file the same with the inventory and sworn return in the

27  proper office, and if the original affidavit and proofs upon

28  which the warrant was issued are in his or her possession, he

29  or she shall apply to the officer having the same and the

30  officer shall transmit and deliver all of the papers, proofs,

31  

                                  22

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1  and certificates to the proper office where the proceedings

 2  are lodged.

 3         Section 41.  Section 939.02, Florida Statutes, is

 4  amended to read:

 5         939.02  Costs before committing trial court judge

 6  magistrate.--All costs accruing before a committing trial

 7  court judge magistrate shall be taxed against the defendant on

 8  conviction or estreat of recognizance.

 9         Section 42.  Section 939.14, Florida Statutes, is

10  amended to read:

11         939.14  County not to pay costs in cases where

12  information is not filed or indictment found.--When a

13  committing trial court judge magistrate holds to bail or

14  commits any person to answer a criminal charge in a county

15  court or a circuit court, and an information is not filed nor

16  an indictment found against such person, the costs of such

17  committing trial shall not be paid by the county, except the

18  costs for executing the warrant.

19         Section 43.  Section 941.13, Florida Statutes, is

20  amended to read:

21         941.13  Arrest prior to requisition.--Whenever any

22  person within this state shall be charged on the oath of any

23  credible person before any judge or magistrate of this state

24  with the commission of any crime in any other state, and,

25  except in cases arising under s. 941.06, with having fled from

26  justice or with having been convicted of a crime in that state

27  and having escaped from confinement, or having broken the

28  terms of his or her bail, probation, or parole, or whenever

29  complaint shall have been made before any judge or magistrate

30  in this state setting forth on the affidavit of any credible

31  person in another state that a crime has been committed in

                                  23

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1  such other state and that the accused has been charged in such

 2  state with the commission of the crime, and, except in cases

 3  arising under s. 941.06, has fled from justice, or with having

 4  been convicted of a crime in that state and having escaped

 5  from confinement, or having broken the terms of his or her

 6  bail, probation, or parole, and is believed to be in this

 7  state, the judge or magistrate shall issue a warrant directed

 8  to any peace officer commanding him or her to apprehend the

 9  person named therein, wherever the person may be found in this

10  state, and to bring the person before the same or any other

11  judge, magistrate, or court who or which may be available in,

12  or convenient of, access to the place where the arrest may be

13  made, to answer the charge or complaint and affidavit, and a

14  certified copy of the sworn charge or complaint and affidavit

15  upon which the warrant is issued shall be attached to the

16  warrant.

17         Section 44.  Section 941.14, Florida Statutes, is

18  amended to read:

19         941.14  Arrest without a warrant.--The arrest of a

20  person may be lawfully made also by any peace officer or a

21  private person, without a warrant upon reasonable information

22  that the accused stands charged in the courts of a state with

23  a crime punishable by death or imprisonment for a term

24  exceeding 1 year, but when so arrested the accused must be

25  taken before a judge or magistrate with all practicable speed

26  and complaint must be made against the accused under oath

27  setting forth the ground for the arrest as in the preceding

28  section; and thereafter his or her answer shall be heard as if

29  the accused had been arrested on a warrant.

30         Section 45.  Section 941.15, Florida Statutes, is

31  amended to read:

                                  24

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1         941.15  Commitment to await requisition; bail.--If from

 2  the examination before the judge or magistrate it appears that

 3  the person held is the person charged with having committed

 4  the crime alleged and, except in cases arising under s.

 5  941.06, that the person has fled from justice, the judge or

 6  magistrate must, by a warrant reciting the accusation, commit

 7  the person to the county jail for such a time not exceeding 30

 8  days and specified in the warrant, as will enable the arrest

 9  of the accused to be made under a warrant of the Governor on a

10  requisition of the executive authority of the state having

11  jurisdiction of the offense, unless the accused gives give

12  bail as provided in s. 941.16 the next section, or until the

13  accused shall be legally discharged.

14         Section 46.  Section 941.17, Florida Statutes, is

15  amended to read:

16         941.17  Extension of time of commitment,

17  adjournment.--If the accused is not arrested under warrant of

18  the Governor by the expiration of the time specified in the

19  warrant or bond, a judge or magistrate may discharge the

20  accused or may recommit him or her for a further period not to

21  exceed 60 days, or a judge or magistrate judge may again take

22  bail for his or her appearance and surrender, as provided in

23  s. 941.16, but within a period not to exceed 60 days after the

24  date of such new bond.

25         Section 47.  Section 941.18, Florida Statutes, is

26  amended to read:

27         941.18  Forfeiture of bail.--If the prisoner is

28  admitted to bail, and fails to appear and surrender himself or

29  herself according to the conditions of his or her bond, the

30  judge, or magistrate by proper order, shall declare the bond

31  forfeited and order his or her immediate arrest without

                                  25

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1  warrant if he or she is be within this state. Recovery may be

 2  had on such bond in the name of the state as in the case of

 3  other bonds given by the accused in criminal proceedings

 4  within this state.

 5         Section 48.  Subsection (2) of section 947.141, Florida

 6  Statutes, is amended to read:

 7         947.141  Violations of conditional release, control

 8  release, or conditional medical release or addiction-recovery

 9  supervision.--

10         (2)  Upon the arrest on a felony charge of an offender

11  who is on release supervision under s. 947.1405, s. 947.146,

12  s. 947.149, or s. 944.4731, the offender must be detained

13  without bond until the initial appearance of the offender at

14  which a judicial determination of probable cause is made. If

15  the trial court judge magistrate determines that there was no

16  probable cause for the arrest, the offender may be released.

17  If the trial court judge magistrate determines that there was

18  probable cause for the arrest, such determination also

19  constitutes reasonable grounds to believe that the offender

20  violated the conditions of the release. Within 24 hours after

21  the trial court judge's magistrate's finding of probable

22  cause, the detention facility administrator or designee shall

23  notify the commission and the department of the finding and

24  transmit to each a facsimile copy of the probable cause

25  affidavit or the sworn offense report upon which the trial

26  court judge's magistrate's probable cause determination is

27  based. The offender must continue to be detained without bond

28  for a period not exceeding 72 hours excluding weekends and

29  holidays after the date of the probable cause determination,

30  pending a decision by the commission whether to issue a

31  warrant charging the offender with violation of the conditions

                                  26

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1  of release. Upon the issuance of the commission's warrant, the

 2  offender must continue to be held in custody pending a

 3  revocation hearing held in accordance with this section.

 4         Section 49.  Subsection (1) of section 948.06, Florida

 5  Statutes, is amended to read:

 6         948.06  Violation of probation or community control;

 7  revocation; modification; continuance; failure to pay

 8  restitution or cost of supervision.--

 9         (1)  Whenever within the period of probation or

10  community control there are reasonable grounds to believe that

11  a probationer or offender in community control has violated

12  his or her probation or community control in a material

13  respect, any law enforcement officer who is aware of the

14  probationary or community control status of the probationer or

15  offender in community control or any parole or probation

16  supervisor may arrest or request any county or municipal law

17  enforcement officer to arrest such probationer or offender

18  without warrant wherever found and forthwith return him or her

19  to the court granting such probation or community control. Any

20  committing trial court judge magistrate may issue a warrant,

21  upon the facts being made known to him or her by affidavit of

22  one having knowledge of such facts, for the arrest of the

23  probationer or offender, returnable forthwith before the court

24  granting such probation or community control. Any parole or

25  probation supervisor, any officer authorized to serve criminal

26  process, or any peace officer of this state is authorized to

27  serve and execute such warrant. Upon the filing of an

28  affidavit alleging a violation of probation or community

29  control and following issuance of a warrant under s. 901.02,

30  the probationary period is tolled until the court enters a

31  ruling on the violation. Notwithstanding the tolling of

                                  27

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1  probation as provided in this subsection, the court shall

 2  retain jurisdiction over the offender for any violation of the

 3  conditions of probation or community control that is alleged

 4  to have occurred during the tolling period. The probation

 5  officer is permitted to continue to supervise any offender who

 6  remains available to the officer for supervision until the

 7  supervision expires pursuant to the order of probation or

 8  community control or until the court revokes or terminates the

 9  probation or community control, whichever comes first. The

10  court, upon the probationer or offender being brought before

11  it, shall advise him or her of such charge of violation and,

12  if such charge is admitted to be true, may forthwith revoke,

13  modify, or continue the probation or community control or

14  place the probationer into a community control program. If

15  probation or community control is revoked, the court shall

16  adjudge the probationer or offender guilty of the offense

17  charged and proven or admitted, unless he or she has

18  previously been adjudged guilty, and impose any sentence which

19  it might have originally imposed before placing the

20  probationer on probation or the offender into community

21  control. If such violation of probation or community control

22  is not admitted by the probationer or offender, the court may

23  commit him or her or release him or her with or without bail

24  to await further hearing, or it may dismiss the charge of

25  probation or community control violation. If such charge is

26  not at that time admitted by the probationer or offender and

27  if it is not dismissed, the court, as soon as may be

28  practicable, shall give the probationer or offender an

29  opportunity to be fully heard on his or her behalf in person

30  or by counsel. After such hearing, the court may revoke,

31  modify, or continue the probation or community control or

                                  28

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1  place the probationer into community control. If such

 2  probation or community control is revoked, the court shall

 3  adjudge the probationer or offender guilty of the offense

 4  charged and proven or admitted, unless he or she has

 5  previously been adjudged guilty, and impose any sentence which

 6  it might have originally imposed before placing the

 7  probationer or offender on probation or into community

 8  control. Notwithstanding s. 775.082, when a period of

 9  probation or community control has been tolled, upon

10  revocation or modification of the probation or community

11  control, the court may impose a sanction with a term that when

12  combined with the amount of supervision served and tolled,

13  exceeds the term permissible pursuant to s. 775.082 for a term

14  up to the amount of the tolled period supervision. If the

15  court dismisses an affidavit alleging a violation of probation

16  or community control, the offender's probation or community

17  control shall continue as previously imposed, and the offender

18  shall receive credit for all tolled time against his or her

19  term of probation or community control.

20         Section 50.  Paragraph (b) of subsection (4) of section

21  985.05, Florida Statutes, is amended to read:

22         985.05  Court records.--

23         (4)  A court record of proceedings under this part is

24  not admissible in evidence in any other civil or criminal

25  proceeding, except that:

26         (b)  Orders binding an adult over for trial on a

27  criminal charge, made by the committing trial court judge as a

28  committing magistrate, are admissible in evidence in the court

29  to which the adult is bound over.

30         Section 51.  Section 56.071, Florida Statutes, is

31  amended to read:

                                  29

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1         56.071  Executions on equities of redemption; discovery

 2  of value.--On motion made by the party causing a levy to be

 3  made on an equity of redemption, the court from which the

 4  execution issued shall order the mortgagor, mortgagee, and all

 5  other persons interested in the mortgaged property levied on

 6  to appear and be examined about the amount remaining due on

 7  the mortgage, the amount that has been paid, the party to whom

 8  that amount has been paid, and the date when that amount was

 9  paid to whom and when paid so that the value of the equity of

10  redemption may be ascertained before the property it is sold.

11  The court may appoint a general or special magistrate master

12  to conduct the examination.  This section shall also apply to

13  the interest of and personal property in possession of a

14  vendee under a retained title contract or conditional sales

15  contract.

16         Section 52.  Subsections (2), (7), and (10) of section

17  56.29, Florida Statutes, are amended to read:

18         56.29  Proceedings supplementary.--

19         (2)  On such plaintiff's motion the court shall require

20  the defendant in execution to appear before it or a general or

21  special magistrate master at a time and place specified by the

22  order in the county of the defendant's residence to be

23  examined concerning his or her property.

24         (7)  At any time the court may refer the proceeding to

25  a general or special magistrate master who may be directed to

26  report findings of law or fact, or both.  The general or

27  special magistrate master has all the powers thereof,

28  including the power to issue subpoena, and shall be paid the

29  fees provided by law.

30         (10)  Any person failing to obey any order issued under

31  this section by a judge or general or special magistrate

                                  30

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1  master or failing to attend in response to a subpoena served

 2  on him or her may be held in contempt.

 3         Section 53.  Subsection (4) of section 61.1826, Florida

 4  Statutes, is amended to read:

 5         61.1826  Procurement of services for State Disbursement

 6  Unit and the non-Title IV-D component of the State Case

 7  Registry; contracts and cooperative agreements; penalties;

 8  withholding payment.--

 9         (4)  COOPERATIVE AGREEMENT AND CONTRACT TERMS.--The

10  contract between the Florida Association of Court Clerks and

11  the department, and cooperative agreements entered into by the

12  depositories and the department, must contain, but are not

13  limited to, the following terms:

14         (a)  The initial term of the contract and cooperative

15  agreements is for 5 years. The subsequent term of the contract

16  and cooperative agreements is for 3 years, with the option of

17  two 1-year renewal periods, at the sole discretion of the

18  department.

19         (b)  The duties and responsibilities of the Florida

20  Association of Court Clerks, the depositories, and the

21  department.

22         (c)  Under s. 287.058(1)(a), all providers and

23  subcontractors shall submit to the department directly, or

24  through the Florida Association of Court Clerks, a report of

25  monthly expenditures in a format prescribed by the department

26  and in sufficient detail for a proper preaudit and postaudit

27  thereof.

28         (d)  All providers and subcontractors shall submit to

29  the department directly, or through the Florida Association of

30  Court Clerks, management reports in a format prescribed by the

31  department.

                                  31

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1         (e)  All subcontractors shall comply with chapter 280,

 2  as may be required.

 3         (f)  Federal financial participation for eligible Title

 4  IV-D expenditures incurred by the Florida Association of Court

 5  Clerks and the depositories shall be at the maximum level

 6  permitted by federal law for expenditures incurred for the

 7  provision of services in support of child support enforcement

 8  in accordance with 45 C.F.R. part 74 and Federal Office of

 9  Management and Budget Circulars A-87 and A-122 and based on an

10  annual cost allocation study of each depository. The

11  depositories shall submit directly, or through the Florida

12  Association of Court Clerks, claims for Title IV-D

13  expenditures monthly to the department in a standardized

14  format as prescribed by the department. The Florida

15  Association of Court Clerks shall contract with a certified

16  public accounting firm, selected by the Florida Association of

17  Court Clerks and the department, to audit and certify

18  quarterly to the department all claims for expenditures

19  submitted by the depositories for Title IV-D reimbursement.

20         (g)  Upon termination of the contracts between the

21  department and the Florida Association of Court Clerks or the

22  depositories, the Florida Association of Court Clerks, its

23  agents, and the depositories shall assist the department in

24  making an orderly transition to a private vendor.

25         (h)  Interest on late payment by the department shall

26  be in accordance with s. 215.422.

27  

28  If either the department or the Florida Association of Court

29  Clerks objects to a term of the standard cooperative agreement

30  or contract specified in subsections (2) and (3), the disputed

31  term or terms shall be presented jointly by the parties to the

                                  32

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1  Attorney General or the Attorney General's designee, who shall

 2  act as special magistrate master. The special magistrate

 3  master shall resolve the dispute in writing within 10 days.

 4  The resolution of a dispute by the special magistrate master

 5  is binding on the department and the Florida Association of

 6  Court Clerks.

 7         Section 54.  Section 64.061, Florida Statutes, is

 8  amended to read:

 9         64.061  Partition of property; commissioners; special

10  magistrate master.--

11         (1)  APPOINTMENT AND REMOVAL.--When a judgment of

12  partition is made, the court shall appoint three suitable

13  persons as commissioners to make the partition.  They shall be

14  selected by the court unless agreed on by the parties. They

15  may be removed by the court for good cause and others

16  appointed in their places.

17         (2)  POWERS, DUTIES, COMPENSATION AND REPORT OF

18  COMMISSIONERS.--The commissioners shall be sworn to execute

19  the trust imposed in them faithfully and impartially before

20  entering on their duties; have power to employ a surveyor, if

21  necessary, for the purpose of making partition; be allowed

22  such sum as is reasonable for their services; to make

23  partition of the lands in question according to the court's

24  order and report it in writing to the court without delay.

25         (3)  EXCEPTIONS TO REPORT AND FINAL JUDGMENT.--Any

26  party may file objections to the report of the commissioners

27  within 10 days after it is served.  If no objections are filed

28  or if the court is satisfied on hearing any such objections

29  that they are not well-founded, the report shall be confirmed,

30  and a final judgment entered vesting in the parties the title

31  to the parcels of the lands allotted to them respectively, and

                                  33

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1  giving each of them the possession of and quieting title to

 2  their respective shares as against the other parties to the

 3  action or those claiming through or under them.

 4         (4)  APPOINTMENT OF SPECIAL MAGISTRATE MASTER WHERE

 5  PROPERTY NOT SUBJECT TO PARTITION.--On an uncontested

 6  allegation in a pleading that the property sought to be

 7  partitioned is indivisible and is not subject to partition

 8  without prejudice to the owners of it or if a judgment of

 9  partition is entered and the court is satisfied that the

10  allegation is correct, on motion of any party and notice to

11  the others the court may appoint a special magistrate master

12  or the clerk to make sale of the property either at private

13  sale or as provided by s. 64.071.

14         Section 55.  Subsection (5) of section 65.061, Florida

15  Statutes, is amended to read:

16         65.061  Quieting title; additional remedy.--

17         (5)  RECORDING FINAL JUDGMENTS.--All final judgments

18  may be recorded in the county or counties in which the land is

19  situated and operate to vest title in like manner as though a

20  conveyance were executed by a special magistrate master or

21  commissioner.

22         Section 56.  Section 69.051, Florida Statutes, is

23  amended to read:

24         69.051  General and special magistrates Masters in

25  chancery; compensation.--General and special magistrates

26  appointed by the court Masters in chancery shall be allowed

27  such compensation for any services as the court deems

28  reasonable, including time consumed in legal research required

29  in preparing and summarizing their findings of fact and law.

30         Section 57.  Section 70.51, Florida Statutes, is

31  amended to read:

                                  34

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1         70.51  Land use and environmental dispute resolution.--

 2         (1)  This section may be cited as the "Florida Land Use

 3  and Environmental Dispute Resolution Act."

 4         (2)  As used in this section, the term:

 5         (a)  "Development order" means any order, or notice of

 6  proposed state or regional governmental agency action, which

 7  is or will have the effect of granting, denying, or granting

 8  with conditions an application for a development permit, and

 9  includes the rezoning of a specific parcel.  Actions by the

10  state or a local government on comprehensive plan amendments

11  are not development orders.

12         (b)  "Development permit" means any building permit,

13  zoning permit, subdivision approval, certification, special

14  exception, variance, or any other similar action of local

15  government, as well as any permit authorized to be issued

16  under state law by state, regional, or local government which

17  has the effect of authorizing the development of real property

18  including, but not limited to, programs implementing chapters

19  125, 161, 163, 166, 187, 258, 372, 373, 378, 380, and 403.

20         (c)  "Special magistrate master" means a person

21  selected by the parties to perform the duties prescribed in

22  this section.  The special magistrate master must be a

23  resident of the state and possess experience and expertise in

24  mediation and at least one of the following disciplines and a

25  working familiarity with the others: land use and

26  environmental permitting, land planning, land economics, local

27  and state government organization and powers, and the law

28  governing the same.

29         (d)  "Owner" means a person with a legal or equitable

30  interest in real property who filed an application for a

31  development permit for the property at the state, regional, or

                                  35

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1  local level and who received a development order, or who holds

 2  legal title to real property that is subject to an enforcement

 3  action of a governmental entity.

 4         (e)  "Proposed use of the property" means the proposal

 5  filed by the owner to develop his or her real property.

 6         (f)  "Governmental entity" includes an agency of the

 7  state, a regional or a local government created by the State

 8  Constitution or by general or special act, any county or

 9  municipality, or any other entity that independently exercises

10  governmental authority.  The term does not include the United

11  States or any of its agencies.

12         (g)  "Land" or "real property" means land and includes

13  any appurtenances and improvements to the land, including any

14  other relevant real property in which the owner had a relevant

15  interest.

16         (3)  Any owner who believes that a development order,

17  either separately or in conjunction with other development

18  orders, or an enforcement action of a governmental entity, is

19  unreasonable or unfairly burdens the use of the owner's real

20  property, may apply within 30 days after receipt of the order

21  or notice of the governmental action for relief under this

22  section.

23         (4)  To initiate a proceeding under this section, an

24  owner must file a request for relief with the elected or

25  appointed head of the governmental entity that issued the

26  development order or orders, or that initiated the enforcement

27  action.  The head of the governmental entity may not charge

28  the owner for the request for relief and must forward the

29  request for relief to the special magistrate master who is

30  mutually agreed upon by the owner and the governmental entity

31  within 10 days after receipt of the request.

                                  36

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1         (5)  The governmental entity with whom a request has

 2  been filed shall also serve a copy of the request for relief

 3  by United States mail or by hand delivery to:

 4         (a)  Owners of real property contiguous to the owner's

 5  property at the address on the latest county tax roll.

 6         (b)  Any substantially affected party who submitted

 7  oral or written testimony, sworn or unsworn, of a substantive

 8  nature which stated with particularity objections to or

 9  support for any development order at issue or enforcement

10  action at issue.  Notice under this paragraph is required only

11  if that party indicated a desire to receive notice of any

12  subsequent special magistrate master proceedings occurring on

13  the development order or enforcement action. Each governmental

14  entity must maintain in its files relating to particular

15  development orders a mailing list of persons who have

16  presented oral or written testimony and who have requested

17  notice.

18         (6)  The request for relief must contain:

19         (a)  A brief statement of the owner's proposed use of

20  the property.

21         (b)  A summary of the development order or description

22  of the enforcement action.  A copy of the development order or

23  the documentation of an enforcement action at issue must be

24  attached to the request.

25         (c)  A brief statement of the impact of the development

26  order or enforcement action on the ability of the owner to

27  achieve the proposed use of the property.

28         (d)  A certificate of service showing the parties,

29  including the governmental entity, served.

30  

31  

                                  37

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1         (7)  The special magistrate master may require other

 2  information in the interest of gaining a complete

 3  understanding of the request for relief.

 4         (8)  The special magistrate master may conduct a

 5  hearing on whether the request for relief should be dismissed

 6  for failing to include the information required in subsection

 7  (6).  If the special magistrate master dismisses the case, the

 8  special magistrate master shall allow the owner to amend the

 9  request and refile.  Failure to file an adequate amended

10  request within the time specified shall result in a dismissal

11  with prejudice as to this proceeding.

12         (9)  By requesting relief under this section, the owner

13  consents to grant the special magistrate master and the

14  parties reasonable access to the real property with advance

15  notice at a time and in a manner acceptable to the owner of

16  the real property.

17         (10)(a)  Before initiating a special magistrate master

18  proceeding to review a local development order or local

19  enforcement action, the owner must exhaust all nonjudicial

20  local government administrative appeals if the appeals take no

21  longer than 4 months.  Once nonjudicial local administrative

22  appeals are exhausted and the development order or enforcement

23  action is final, or within 4 months after issuance of the

24  development order or notice of the enforcement action if the

25  owner has pursued local administrative appeals even if the

26  appeals have not been concluded, the owner may initiate a

27  proceeding under this section.  Initiation of a proceeding

28  tolls the time for seeking judicial review of a local

29  government development order or enforcement action until the

30  special magistrate's master's recommendation is acted upon by

31  the local government. Election by the owner to file for

                                  38

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1  judicial review of a local government development order or

 2  enforcement action prior to initiating a proceeding under this

 3  section waives any right to a special magistrate master

 4  proceeding.

 5         (b)  If an owner requests special master relief under

 6  this section from a development order or enforcement action

 7  issued by a state or regional agency, the time for challenging

 8  agency action under ss. 120.569 and 120.57 is tolled. If an

 9  owner chooses to bring a proceeding under ss. 120.569 and

10  120.57 before initiating a special master proceeding under

11  this section, then the owner waives any right to a special

12  magistrate master proceeding unless all parties consent to

13  proceeding to mediation.

14         (11)  The initial party to the proceeding is the

15  governmental entity that issues the development order to the

16  owner or that is taking the enforcement action.  In those

17  instances when the development order or enforcement action is

18  the culmination of a process involving more than one

19  governmental entity or when a complete resolution of all

20  relevant issues would require the active participation of more

21  than one governmental entity, the special magistrate master

22  may, upon application of a party, join those governmental

23  entities as parties to the proceeding if it will assist in

24  effecting the purposes of this section, and those governmental

25  entities so joined shall actively participate in the

26  procedure.

27         (12)  Within 21 days after receipt of the request for

28  relief, any owner of land contiguous to the owner's property

29  and any substantially affected person who submitted oral or

30  written testimony, sworn or unsworn, of a substantive nature

31  which stated with particularity objections to or support for

                                  39

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1  the development order or enforcement action at issue may

 2  request to participate in the proceeding.  Those persons may

 3  be permitted to participate in the hearing but shall not be

 4  granted party or intervenor status. The participation of such

 5  persons is limited to addressing issues raised regarding

 6  alternatives, variances, and other types of adjustment to the

 7  development order or enforcement action which may impact their

 8  substantial interests, including denial of the development

 9  order or application of an enforcement action.

10         (13)  Each party must make efforts to assure that those

11  persons qualified by training or experience necessary to

12  address issues raised by the request or by the special

13  magistrate master and further qualified to address

14  alternatives, variances, and other types of modifications to

15  the development order or enforcement action are present at the

16  hearing.

17         (14)  The special magistrate master may subpoena any

18  nonparty witnesses in the state whom the special magistrate

19  master believes will aid in the disposition of the matter.

20         (15)(a)  The special magistrate master shall hold a

21  hearing within 45 days after his or her receipt of the request

22  for relief unless a different date is agreed to by all the

23  parties.  The hearing must be held in the county in which the

24  property is located.

25         (b)  The special magistrate master must provide notice

26  of the place, date, and time of the hearing to all parties and

27  any other persons who have requested such notice at least 40

28  days prior to the hearing.

29         (16)(a)  Fifteen days following the filing of a request

30  for relief, the governmental entity that issued the

31  development order or that is taking the enforcement action

                                  40

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1  shall file a response to the request for relief with the

 2  special magistrate master together with a copy to the owner.

 3  The response must set forth in reasonable detail the position

 4  of the governmental entity regarding the matters alleged by

 5  the owner.  The response must include a brief statement

 6  explaining the public purpose of the regulations on which the

 7  development order or enforcement action is based.

 8         (b)  Any governmental entity that is added by the

 9  special magistrate master as a party must file a response to

10  the request for relief prior to the hearing but not later than

11  15 days following its admission.

12         (c)  Any party may incorporate in the response to the

13  request for relief a request to be dropped from the

14  proceeding.  The request to be dropped must set forth facts

15  and circumstances relevant to aid the special magistrate

16  master in ruling on the request.  All requests to be dropped

17  must be disposed of prior to conducting any hearings on the

18  merits of the request for relief.

19         (17)  In all respects, the hearing must be informal and

20  open to the public and does not require the use of an

21  attorney.  The hearing must operate at the direction and under

22  the supervision of the special magistrate master.  The object

23  of the hearing is to focus attention on the impact of the

24  governmental action giving rise to the request for relief and

25  to explore alternatives to the development order or

26  enforcement action and other regulatory efforts by the

27  governmental entities in order to recommend relief, when

28  appropriate, to the owner.

29         (a)  The first responsibility of the special magistrate

30  master is to facilitate a resolution of the conflict between

31  the owner and governmental entities to the end that some

                                  41

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1  modification of the owner's proposed use of the property or

 2  adjustment in the development order or enforcement action or

 3  regulatory efforts by one or more of the governmental parties

 4  may be reached. Accordingly, the special magistrate master

 5  shall act as a facilitator or mediator between the parties in

 6  an effort to effect a mutually acceptable solution.  The

 7  parties shall be represented at the mediation by persons with

 8  authority to bind their respective parties to a solution, or

 9  by persons with authority to recommend a solution directly to

10  the persons with authority to bind their respective parties to

11  a solution.

12         (b)  If an acceptable solution is not reached by the

13  parties after the special magistrate's master's attempt at

14  mediation, the special magistrate master shall consider the

15  facts and circumstances set forth in the request for relief

16  and any responses and any other information produced at the

17  hearing in order to determine whether the action by the

18  governmental entity or entities is unreasonable or unfairly

19  burdens the real property.

20         (c)  In conducting the hearing, the special magistrate

21  master may hear from all parties and witnesses that are

22  necessary to an understanding of the matter. The special

23  magistrate master shall weigh all information offered at the

24  hearing.

25         (18)  The circumstances to be examined in determining

26  whether the development order or enforcement action, or the

27  development order or enforcement action in conjunction with

28  regulatory efforts of other governmental parties, is

29  unreasonable or unfairly burdens use of the property may

30  include, but are not limited to:

31  

                                  42

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1         (a)  The history of the real property, including when

 2  it was purchased, how much was purchased, where it is located,

 3  the nature of the title, the composition of the property, and

 4  how it was initially used.

 5         (b)  The history or development and use of the real

 6  property, including what was developed on the property and by

 7  whom, if it was subdivided and how and to whom it was sold,

 8  whether plats were filed or recorded, and whether

 9  infrastructure and other public services or improvements may

10  have been dedicated to the public.

11         (c)  The history of environmental protection and land

12  use controls and other regulations, including how and when the

13  land was classified, how use was proscribed, and what changes

14  in classifications occurred.

15         (d)  The present nature and extent of the real

16  property, including its natural and altered characteristics.

17         (e)  The reasonable expectations of the owner at the

18  time of acquisition, or immediately prior to the

19  implementation of the regulation at issue, whichever is later,

20  under the regulations then in effect and under common law.

21         (f)  The public purpose sought to be achieved by the

22  development order or enforcement action, including the nature

23  and magnitude of the problem addressed by the underlying

24  regulations on which the development order or enforcement

25  action is based; whether the development order or enforcement

26  action is necessary to the achievement of the public purpose;

27  and whether there are alternative development orders or

28  enforcement action conditions that would achieve the public

29  purpose and allow for reduced restrictions on the use of the

30  property.

31  

                                  43

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1         (g)  Uses authorized for and restrictions placed on

 2  similar property.

 3         (h)  Any other information determined relevant by the

 4  special magistrate master.

 5         (19)  Within 14 days after the conclusion of the

 6  hearing, the special magistrate master shall prepare and file

 7  with all parties a written recommendation.

 8         (a)  If the special magistrate master finds that the

 9  development order at issue, or the development order or

10  enforcement action in combination with the actions or

11  regulations of other governmental entities, is not

12  unreasonable or does not unfairly burden the use of the

13  owner's property, the special magistrate master must recommend

14  that the development order or enforcement action remain

15  undisturbed and the proceeding shall end, subject to the

16  owner's retention of all other available remedies.

17         (b)  If the special magistrate master finds that the

18  development order or enforcement action, or the development

19  order or enforcement action in combination with the actions or

20  regulations of other governmental entities, is unreasonable or

21  unfairly burdens use of the owner's property, the special

22  magistrate master, with the owner's consent to proceed, may

23  recommend one or more alternatives that protect the public

24  interest served by the development order or enforcement action

25  and regulations at issue but allow for reduced restraints on

26  the use of the owner's real property, including, but not

27  limited to:

28         1.  An adjustment of land development or permit

29  standards or other provisions controlling the development or

30  use of land.

31  

                                  44

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1         2.  Increases or modifications in the density,

 2  intensity, or use of areas of development.

 3         3.  The transfer of development rights.

 4         4.  Land swaps or exchanges.

 5         5.  Mitigation, including payments in lieu of onsite

 6  mitigation.

 7         6.  Location on the least sensitive portion of the

 8  property.

 9         7.  Conditioning the amount of development or use

10  permitted.

11         8.  A requirement that issues be addressed on a more

12  comprehensive basis than a single proposed use or development.

13         9.  Issuance of the development order, a variance,

14  special exception, or other extraordinary relief, including

15  withdrawal of the enforcement action.

16         10.  Purchase of the real property, or an interest

17  therein, by an appropriate governmental entity.

18         (c)  This subsection does not prohibit the owner and

19  governmental entity from entering in to an agreement as to the

20  permissible use of the property prior to the special

21  magistrate master entering a recommendation.  An agreement for

22  a permissible use must be incorporated in the special

23  magistrate's master's recommendation.

24         (20)  The special magistrate's master's recommendation

25  is a public record under chapter 119.  However, actions or

26  statements of all participants to the special magistrate

27  master proceeding are evidence of an offer to compromise and

28  inadmissible in any proceeding, judicial or administrative.

29         (21)  Within 45 days after receipt of the special

30  magistrate's master's recommendation, the governmental entity

31  responsible for the development order or enforcement action

                                  45

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1  and other governmental entities participating in the

 2  proceeding must consult among themselves and each governmental

 3  entity must:

 4         (a)  Accept the recommendation of the special

 5  magistrate master as submitted and proceed to implement it by

 6  development agreement, when appropriate, or by other method,

 7  in the ordinary course and consistent with the rules and

 8  procedures of that governmental entity.  However, the decision

 9  of the governmental entity to accept the recommendation of the

10  special magistrate master with respect to granting a

11  modification, variance, or special exception to the

12  application of statutes, rules, regulations, or ordinances as

13  they would otherwise apply to the subject property does not

14  require an owner to duplicate previous processes in which the

15  owner has participated in order to effectuate the granting of

16  the modification, variance, or special exception;

17         (b)  Modify the recommendation as submitted by the

18  special magistrate master and proceed to implement it by

19  development agreement, when appropriate, or by other method,

20  in the ordinary course and consistent with the rules and

21  procedures of that governmental entity; or

22         (c)  Reject the recommendation as submitted by the

23  special magistrate master. Failure to act within 45 days is a

24  rejection unless the period is extended by agreement of the

25  owner and issuer of the development order or enforcement

26  action.

27         (22)  If a governmental entity accepts the special

28  magistrate's master's recommendation or modifies it and the

29  owner rejects the acceptance or modification, or if a

30  governmental entity rejects the special magistrate's master's

31  recommendation, the governmental entity must issue a written

                                  46

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1  decision within 30 days that describes as specifically as

 2  possible the use or uses available to the subject real

 3  property.

 4         (23)  The procedure established by this section may not

 5  continue longer than 165 days, unless the period is extended

 6  by agreement of the parties.  A decision describing available

 7  uses constitutes the last prerequisite to judicial action and

 8  the matter is ripe or final for subsequent judicial

 9  proceedings unless the owner initiates a proceeding under ss.

10  120.569 and 120.57. If the owner brings a proceeding under ss.

11  120.569 and 120.57, the matter is ripe when the proceeding

12  culminates in a final order whether further appeal is

13  available or not.

14         (24)  The procedure created by this section is not

15  itself, nor does it create, a judicial cause of action.  Once

16  the governmental entity acts on the special magistrate's

17  master's recommendation, the owner may elect to file suit in a

18  court of competent jurisdiction. Invoking the procedures of

19  this section is not a condition precedent to filing a civil

20  action.

21         (25)  Regardless of the action the governmental entity

22  takes on the special magistrate's master's recommendation, a

23  recommendation that the development order or enforcement

24  action, or the development order or enforcement action in

25  combination with other governmental regulatory actions, is

26  unreasonable or unfairly burdens use of the owner's real

27  property may serve as an indication of sufficient hardship to

28  support modification, variances, or special exceptions to the

29  application of statutes, rules, regulations, or ordinances to

30  the subject property.

31  

                                  47

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1         (26)  A special magistrate's master's recommendation

 2  under this section constitutes data in support of, and a

 3  support document for, a comprehensive plan or comprehensive

 4  plan amendment, but is not, in and of itself, dispositive of a

 5  determination of compliance with chapter 163.  Any

 6  comprehensive plan amendment necessary to carry out the

 7  approved recommendation of a special magistrate master under

 8  this section is exempt from the twice-a-year limit on plan

 9  amendments and may be adopted by the local government

10  amendments in s. 163.3184(16)(d).

11         (27)  The special magistrate master shall send a copy

12  of the recommendation in each case to the Department of Legal

13  Affairs. Each governmental entity, within 15 days after its

14  action on the special magistrate's master's recommendation,

15  shall notify the Department of Legal Affairs in writing as to

16  what action the governmental entity took on the special

17  magistrate's master's recommendation.

18         (28)  Each governmental entity may establish procedural

19  guidelines to govern the conduct of proceedings authorized by

20  this section, which must include, but are not limited to,

21  payment of special magistrate master fees and expenses,

22  including the costs of providing notice and effecting service

23  of the request for relief under this section, which shall be

24  borne equally by the governmental entities and the owner.

25         (29)  This section shall be liberally construed to

26  effect fully its obvious purposes and intent, and governmental

27  entities shall direct all available resources and authorities

28  to effect fully the obvious purposes and intent of this

29  section in resolving disputes.  Governmental entities are

30  encouraged to expedite notice and time-related provisions to

31  implement resolution of disputes under this section.  The

                                  48

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1  procedure established by this section may be used to resolve

 2  disputes in pending judicial proceedings, with the agreement

 3  of the parties to the judicial proceedings, and subject to the

 4  approval of the court in which the judicial proceedings are

 5  pending.  The provisions of this section are cumulative, and

 6  do not supplant other methods agreed to by the parties and

 7  lawfully available for arbitration, mediation, or other forms

 8  of alternative dispute resolution.

 9         (30)  This section applies only to development orders

10  issued, modified, or amended, or to enforcement actions

11  issued, on or after October 1, 1995.

12         Section 58.  Subsection (1) of section 92.142, Florida

13  Statutes, is amended to read:

14         92.142  Witnesses; pay.--

15         (1)  Witnesses in all cases, civil and criminal, in all

16  courts, now or hereafter created, and witnesses summoned

17  before any arbitrator or general or special magistrate

18  appointed by the court master in chancery shall receive for

19  each day's actual attendance $5 and also 6 cents per mile for

20  actual distance traveled to and from the courts.  A witness in

21  a criminal case required to appear in a county other than the

22  county of his or her residence and residing more than 50 miles

23  from the location of the trial shall be entitled to per diem

24  and travel expenses at the same rate provided for state

25  employees under s. 112.061, in lieu of any other witness fee

26  at the discretion of the court.

27         Section 59.  Section 112.41, Florida Statutes, is

28  amended to read:

29         112.41  Contents of order of suspension; Senate select

30  committee; special magistrate examiner.--

31  

                                  49

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1         (1)  The order of the Governor, in suspending any

 2  officer pursuant to the provisions of  s. 7, Art. IV of the

 3  State Constitution, shall specify facts sufficient to advise

 4  both the officer and the Senate as to the charges made or the

 5  basis of the suspension.

 6         (2)  The Senate shall conduct a hearing in the manner

 7  prescribed by rules of the Senate adopted for this purpose.

 8         (3)  The Senate may provide for a select committee to

 9  be appointed by the Senate in accordance with its rules for

10  the purpose of hearing the evidence and making its

11  recommendation to the Senate as to the removal or

12  reinstatement of the suspended officer.

13         (4)  The Senate may, in lieu of the use of a select

14  committee, appoint a special examiner or a special magistrate

15  master to receive the evidence and make recommendations to the

16  Senate.

17         Section 60.  Section 112.43, Florida Statutes, is

18  amended to read:

19         112.43  Prosecution of suspension before Senate.--All

20  suspensions heard by the Senate, a select committee, or

21  special magistrate master, or examiner in accordance with

22  rules of the Senate shall be prosecuted by the Governor, the

23  Governor's legal staff, or an attorney designated by the

24  Governor.  Should the Senate, or the select committee

25  appointed by the Senate to hear the evidence and to make

26  recommendations, desire private counsel, either the Senate or

27  the select committee shall be entitled to employ its own

28  counsel for this purpose.  Nothing herein shall prevent the

29  Senate or its select committee from making its own

30  investigation and presenting such evidence as its

31  investigation may reveal.  The Governor may request the advice

                                  50

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1  of the Department of Legal Affairs relative to the suspension

 2  order prior to its issuance by the Governor. Following the

 3  issuance of the suspension order, either the Senate or the

 4  select committee may request the Department of Legal Affairs

 5  to provide counsel for the Senate to advise on questions of

 6  law or otherwise advise with the Senate or the select

 7  committee, but the Department of Legal Affairs shall not be

 8  required to prosecute before the Senate or the committee and

 9  shall, pursuant to the terms of this section, act as the legal

10  adviser only.

11         Section 61.  Section 112.47, Florida Statutes, is

12  amended to read:

13         112.47  Hearing before Senate select committee;

14  notice.--The Senate shall afford each suspended official a

15  hearing before a select committee or special magistrate,

16  master, or examiner, and shall notify such suspended official

17  of the time and place of the hearing sufficiently in advance

18  thereof to afford such official an opportunity fully and

19  adequately to prepare such defenses as the official may be

20  advised are necessary and proper, and all such defenses may be

21  presented by the official or by the official's attorney.  In

22  the furtherance of this provision the Senate shall adopt

23  sufficient procedural rules to afford due process both to the

24  Governor in the presentation of his or her evidence and to the

25  suspended official, but in the absence of such adoption, this

26  section shall afford a full and complete hearing, public in

27  nature, as required by the State Constitution.  However,

28  nothing in this part shall prevent either the select committee

29  or the Senate from conducting portions of the hearing in

30  executive session if the Senate rules so provide.

31  

                                  51

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1         Section 62.  Subsection (2) of section 162.03, Florida

 2  Statutes, is amended to read:

 3         162.03  Applicability.--

 4         (2)  A charter county, a noncharter county, or a

 5  municipality may, by ordinance, adopt an alternate code

 6  enforcement system that which gives code enforcement boards or

 7  special magistrates masters designated by the local governing

 8  body, or both, the authority to hold hearings and assess fines

 9  against violators of the respective county or municipal codes

10  and ordinances. A special magistrate master shall have the

11  same status as an enforcement board under this chapter.

12  References in this chapter to an enforcement board, except in

13  s. 162.05, shall include a special magistrate master if the

14  context permits.

15         Section 63.  Subsection (5) of section 162.06, Florida

16  Statutes, is amended to read:

17         162.06  Enforcement procedure.--

18         (5)  If the owner of property that which is subject to

19  an enforcement proceeding before an enforcement board, special

20  magistrate master, or court transfers ownership of such

21  property between the time the initial pleading was served and

22  the time of the hearing, such owner shall:

23         (a)  Disclose, in writing, the existence and the nature

24  of the proceeding to the prospective transferee.

25         (b)  Deliver to the prospective transferee a copy of

26  the pleadings, notices, and other materials relating to the

27  code enforcement proceeding received by the transferor.

28         (c)  Disclose, in writing, to the prospective

29  transferee that the new owner will be responsible for

30  compliance with the applicable code and with orders issued in

31  the code enforcement proceeding.

                                  52

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1         (d)  File a notice with the code enforcement official

 2  of the transfer of the property, with the identity and address

 3  of the new owner and copies of the disclosures made to the new

 4  owner, within 5 days after the date of the transfer.

 5  

 6  A failure to make the disclosures described in paragraphs (a),

 7  (b), and (c) before the transfer creates a rebuttable

 8  presumption of fraud. If the property is transferred before

 9  the hearing, the proceeding shall not be dismissed, but the

10  new owner shall be provided a reasonable period of time to

11  correct the violation before the hearing is held.

12         Section 64.  Paragraph (d) of subsection (2) of section

13  162.09, Florida Statutes, is amended to read:

14         162.09  Administrative fines; costs of repair; liens.--

15         (2)

16         (d)  A county or a municipality having a population

17  equal to or greater than 50,000 may adopt, by a vote of at

18  least a majority plus one of the entire governing body of the

19  county or municipality, an ordinance that gives code

20  enforcement boards or special magistrates masters, or both,

21  authority to impose fines in excess of the limits set forth in

22  paragraph (a).  Such fines shall not exceed $1,000 per day per

23  violation for a first violation, $5,000 per day per violation

24  for a repeat violation, and up to $15,000 per violation if the

25  code enforcement board or special magistrate master finds the

26  violation to be irreparable or irreversible in nature.  In

27  addition to such fines, a code enforcement board or special

28  magistrate master may impose additional fines to cover all

29  costs incurred by the local government in enforcing its codes

30  and all costs of repairs pursuant to subsection (1).  Any

31  ordinance imposing such fines shall include criteria to be

                                  53

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1  considered by the code enforcement board or special magistrate

 2  master in determining the amount of the fines, including, but

 3  not limited to, those factors set forth in paragraph (b).

 4         Section 65.  Section 173.09, Florida Statutes, is

 5  amended to read:

 6         173.09  Judgment for complainant; special magistrate's

 7  master's sale; complainant may purchase and later sell.--

 8         (1)  Any such decree shall direct the special

 9  magistrate master thereby appointed to sell the several

10  parcels of land separately to the highest and best bidder for

11  cash (or, at the option of complainant, to the extent of

12  special assessments included in such judgment, for bonds or

13  interest coupons issued by complainant), at public outcry at

14  the courthouse door of the county in which such suit is

15  pending, or at such point or place in the complainant

16  municipality as the court in such final decree may direct,

17  after having advertised such sale (which advertisement may

18  include all lands so ordered sold) once each week for 2

19  consecutive weeks in some newspaper published in the city or

20  town in which is the complainant municipality is situated or,

21  if there is no such newspaper, in a newspaper published in the

22  county in which the suit is pending, and if all the lands so

23  advertised for sale be not sold on the day specified in such

24  advertisement, such sale shall be continued from day to day

25  until the sale of all such land is completed.

26         (2)  Such sales shall be subject to confirmation by the

27  court, and the said special magistrate master shall, upon

28  confirmation of the sale or sales, deliver to the purchaser or

29  purchasers at said sale a deed of conveyance of the property

30  so sold; provided, however, that in any case where any lands

31  are offered for sale by the special magistrate master and the

                                  54

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1  sum of the tax, tax certificates and special assessments,

 2  interest, penalty, costs, and attorney's fee is not bid for

 3  the same, the complainant may bid the whole amount due and the

 4  special magistrate master shall thereupon convey such parcel

 5  or parcels of land to the complainant.

 6         (3)  The property so bid in by complainant shall become

 7  its property in fee simple and may be disposed of by it in the

 8  manner provided by law, except that in the sale or disposition

 9  of any such lands the municipality city or town may, in its

10  discretion, accept in payment or part payment therefor any

11  bonds or interest coupons constituting liabilities of the

12  municipality said city or town.

13         Section 66.  Section 173.10, Florida Statutes, is

14  amended to read:

15         173.10  Judgment for complainant; court may order

16  payment of other taxes or sale subject to taxes; special

17  magistrate's master's conveyances.--

18         (1)  In the judgment or decree the court may, in its

19  discretion, direct the payment of all unpaid state and county

20  taxes and also all unpaid municipal city or town taxes and

21  special assessments or installments thereof, imposed or

22  falling due since the institution of the suit, with the

23  penalties and costs, out of the proceeds of such foreclosure

24  sale, or it may order and direct such sale or sales to be made

25  subject to such state, and county, and municipal city or town

26  taxes and special assessments.

27         (2)  Any and all conveyances by the special magistrate

28  master shall vest in the purchaser the fee simple title to the

29  property so sold, subject only to such liens for state and

30  county taxes or taxing districts whose liens are of equal

31  dignity, and liens for municipal taxes and special

                                  55

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1  assessments, or installments thereof, as are not directed by

 2  the decree of sale to be paid out of the proceeds of said

 3  sale.

 4         Section 67.  Section 173.11, Florida Statutes, is

 5  amended to read:

 6         173.11  Distribution of proceeds of sale.--The proceeds

 7  of any foreclosure sale authorized by this chapter shall be

 8  distributed by the special magistrate master conducting the

 9  sale according to the final decree, and if any surplus remains

10  after the payment of the full amount of the decree, costs and

11  attorney's fees, and any subsequent tax liens that which may

12  be directed by such decree to be paid from the proceeds of

13  sale, such surplus shall be deposited with the clerk of the

14  court and disbursed under order of the court.

15         Section 68.  Section 173.12, Florida Statutes, is

16  amended to read:

17         173.12  Lands may be redeemed prior to sale.--Any

18  person interested in any lands included in the suit may redeem

19  such lands at any time prior to the sale thereof by the

20  special magistrate master by paying into the registry of the

21  court the amount due for delinquent taxes, interest and

22  penalties thereon, and such proportionate part of the expense,

23  attorney's fees, and costs of suit as may have been fixed by

24  the court in its decree of sale, or by written stipulation of

25  complainant, and thereupon such lands shall be dismissed from

26  the cause.

27         Section 69.  Subsection (1) of section 194.013, Florida

28  Statutes, is amended to read:

29         194.013  Filing fees for petitions; disposition;

30  waiver.--

31  

                                  56

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1         (1)  If so required by resolution of the value

 2  adjustment board, a petition filed pursuant to s. 194.011

 3  shall be accompanied by a filing fee to be paid to the clerk

 4  of the value adjustment board in an amount determined by the

 5  board not to exceed $15 for each separate parcel of property,

 6  real or personal, covered by the petition and subject to

 7  appeal. However, no such filing fee may be required with

 8  respect to an appeal from the disapproval of homestead

 9  exemption under s. 196.151 or from the denial of tax deferral

10  under s. 197.253.  Only a single filing fee shall be charged

11  under this section as to any particular parcel of property

12  despite the existence of multiple issues and hearings

13  pertaining to such parcel.  For joint petitions filed pursuant

14  to s. 194.011(3)(e) or (f), a single filing fee shall be

15  charged. Such fee shall be calculated as the cost of the

16  special magistrate master for the time involved in hearing the

17  joint petition and shall not exceed $5 per parcel.  Said fee

18  is to be proportionately paid by affected parcel owners.

19         Section 70.  Paragraph (d) of subsection (1) and

20  subsections (2) and (6) of section 194.034, Florida Statutes,

21  are amended to read:

22         194.034  Hearing procedures; rules.--

23         (1)

24         (d)  Notwithstanding the provisions of this subsection,

25  no petitioner may present for consideration, nor may a board

26  or special magistrate master accept for consideration,

27  testimony or other evidentiary materials that were requested

28  of the petitioner in writing by the property appraiser of

29  which the petitioner had knowledge and denied to the property

30  appraiser.

31  

                                  57

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1         (2)  In each case, except when a complaint is withdrawn

 2  by the petitioner or is acknowledged as correct by the

 3  property appraiser, the value adjustment board shall render a

 4  written decision.  All such decisions shall be issued within

 5  20 calendar days after of the last day the board is in session

 6  under s. 194.032.  The decision of the board shall contain

 7  findings of fact and conclusions of law and shall include

 8  reasons for upholding or overturning the determination of the

 9  property appraiser.  When a special magistrate master has been

10  appointed, the recommendations of the special magistrate

11  master shall be considered by the board.  The clerk, upon

12  issuance of the decisions, shall, on a form provided by the

13  Department of Revenue, notify by first-class mail each

14  taxpayer, the property appraiser, and the department of the

15  decision of the board.

16         (6)  For purposes of hearing joint petitions filed

17  pursuant to s. 194.011(3)(e), each included parcel shall be

18  considered by the board as a separate petition.  Such separate

19  petitions shall be heard consecutively by the board.  If a

20  special magistrate master is appointed, such separate

21  petitions shall all be assigned to the same special magistrate

22  master.

23         Section 71.  Section 194.035, Florida Statutes, is

24  amended to read:

25         194.035  Special magistrates masters; property

26  evaluators.--

27         (1)  In counties having a population of more than

28  75,000, the board shall appoint special magistrates masters

29  for the purpose of taking testimony and making recommendations

30  to the board, which recommendations the board may act upon

31  without further hearing. These Such special magistrates

                                  58

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1  masters may not be elected or appointed officials or employees

 2  of the county but shall be selected from a list of those

 3  qualified individuals who are willing to serve as special

 4  magistrates masters. Employees and elected or appointed

 5  officials of a taxing jurisdiction or of the state may not

 6  serve as special magistrates masters. The clerk of the board

 7  shall annually notify such individuals or their professional

 8  associations to make known to them that opportunities to serve

 9  as special magistrates masters exist. The Department of

10  Revenue shall provide a list of qualified special magistrates

11  masters to any county with a population of 75,000 or less.

12  Subject to appropriation, the department shall reimburse

13  counties with a population of 75,000 or less for payments made

14  to special magistrates masters appointed for the purpose of

15  taking testimony and making recommendations to the value

16  adjustment board pursuant to this section. The department

17  shall establish a reasonable range for payments per case to

18  special magistrates masters based on such payments in other

19  counties. Requests for reimbursement of payments outside this

20  range shall be justified by the county. If the total of all

21  requests for reimbursement in any year exceeds the amount

22  available pursuant to this section, payments to all counties

23  shall be prorated accordingly. A special magistrate master

24  appointed to hear issues of exemptions and classifications

25  shall be a member of The Florida Bar with no less than 5

26  years' experience in the area of ad valorem taxation. A

27  special magistrate master appointed to hear issues regarding

28  the valuation of real estate shall be a state certified real

29  estate appraiser with not less than 5 years' experience in

30  real property valuation. A special magistrate master appointed

31  to hear issues regarding the valuation of tangible personal

                                  59

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1  property shall be a designated member of a nationally

 2  recognized appraiser's organization with not less than 5

 3  years' experience in tangible personal property valuation. A

 4  special magistrate master need not be a resident of the county

 5  in which he or she serves. A No special magistrate may not

 6  master shall be permitted to represent a person before the

 7  board in any tax year during which he or she has served that

 8  board as a special magistrate master. The board shall appoint

 9  special magistrates such masters from the list so compiled

10  prior to convening of the board. The expense of hearings

11  before magistrates masters and any compensation of special

12  magistrates masters shall be borne three-fifths by the board

13  of county commissioners and two-fifths by the school board.

14         (2)  The value adjustment board of each county may

15  employ qualified property appraisers or evaluators to appear

16  before the value adjustment board at that meeting of the board

17  which is held for the purpose of hearing complaints. Such

18  property appraisers or evaluators shall present testimony as

19  to the just value of any property the value of which is

20  contested before the board and shall submit to examination by

21  the board, the taxpayer, and the property appraiser.

22         Section 72.  Section 206.16, Florida Statutes, is

23  amended to read:

24         206.16  Officer selling property.--

25         (1)  No sheriff, receiver, assignee, general or special

26  magistrate master, or other officer shall sell the property or

27  franchise of any person for failure to pay fuel taxes,

28  penalties, or interest without first filing with the

29  department a statement containing the following information:

30         (a)  The name of the plaintiff or party at whose

31  instance or upon whose account the sale is made;

                                  60

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1         (b)  The name of the person whose property or franchise

 2  is to be sold;

 3         (c)  The time and place of sale; and

 4         (d)  The nature of the property and the location of the

 5  same.

 6         (2)  The department, after receiving notice as

 7  aforesaid, shall furnish to the sheriff, receiver, trustee,

 8  assignee, general or special magistrate master, or other

 9  officer having charge of the sale a certified copy or copies

10  of all fuel taxes, penalties, and interest on file in the

11  office of the department as liens against such person, and, in

12  the event there are no such liens, a certificate showing that

13  fact, which certified copies or copy of certificate shall be

14  publicly read by such officer at and immediately before the

15  sale of the property or franchise of such person.

16         Section 73.  Section 207.016, Florida Statutes, is

17  amended to read:

18         207.016  Officer's sale of property or franchise.--

19         (1)  No sheriff, receiver, assignee, general or special

20  magistrate master, or other officer shall sell the property or

21  franchise of any person for failure to pay taxes, penalties,

22  or interest without first filing with the department a

23  statement containing the following information:

24         (a)  The name of the plaintiff or party at whose

25  instance or upon whose account the sale is made.

26         (b)  The name of the person whose property or franchise

27  is to be sold.

28         (c)  The time and place of sale.

29         (d)  The nature of the property and the location of the

30  same.

31  

                                  61

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1         (2)  The department, after receiving notice as provided

 2  in subsection (1), shall furnish to the sheriff, receiver,

 3  trustee, assignee, general or special magistrate master, or

 4  other officer having charge of the sale a certified copy or

 5  copies of all taxes, penalties, and interest on file in the

 6  office of the department as liens against such person and, in

 7  the event there are no such liens, a certificate showing that

 8  fact, which certified copy or copies of certificate shall be

 9  publicly read by such officer at and immediately before the

10  sale of the property or franchise of such person.

11         Section 74.  Section 320.411, Florida Statutes, is

12  amended to read:

13         320.411  Officer's sale of property or franchise.--

14         (1)  No sheriff, receiver, assignee, general or special

15  magistrate master, or other officer shall sell the property or

16  franchise of any motor carrier for failure to pay taxes,

17  penalties, or interest without first filing with the

18  department a statement containing the following information:

19         (a)  The name of the plaintiff or party at whose

20  instance or upon whose account the sale is made.

21         (b)  The name of the motor carrier whose property or

22  franchise is to be sold.

23         (c)  The time and place of sale.

24         (d)  The nature of the property and the location of the

25  same.

26         (2)  The department, after receiving notice as provided

27  in subsection (1), shall furnish to the sheriff, receiver,

28  trustee, assignee, general or special magistrate master, or

29  other officer having charge of the sale a certified copy of

30  all taxes, penalties, and interest on file in the office of

31  the department as liens against such motor carrier and, in the

                                  62

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1  event there are no such liens, a certificate showing that

 2  fact, which certified copy or copies of certificate shall be

 3  publicly read by such officer at and immediately before the

 4  sale of the property or franchise of such motor carrier.

 5         Section 75.  Subsection (7) of section 393.11, Florida

 6  Statutes, is amended to read:

 7         393.11  Involuntary admission to residential

 8  services.--

 9         (7)  HEARING.--

10         (a)  The hearing for involuntary admission shall be

11  conducted, and the order shall be entered, in the county in

12  which the person is residing or be as convenient to the person

13  as may be consistent with orderly procedure. The hearing shall

14  be conducted in a physical setting not likely to be injurious

15  to the person's condition.

16         (b)  A hearing on the petition shall be held as soon as

17  practicable after the petition is filed, but reasonable delay

18  for the purpose of investigation, discovery, or procuring

19  counsel or witnesses shall be granted.

20         (c)  The court may appoint a general or special

21  magistrate master to preside.  Except as otherwise specified,

22  the magistrate's master's proceeding shall be governed by Rule

23  1.490, Florida Rules of Civil Procedure.

24         (d)  The person with mental retardation shall be

25  physically present throughout the entire proceeding.  If the

26  person's attorney believes that the person's presence at the

27  hearing is not in the person's best interest, the person's

28  presence may be waived once the court has seen the person and

29  the hearing has commenced.

30         (e)  The person shall have the right to present

31  evidence and to cross-examine all witnesses and other evidence

                                  63

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1  alleging the appropriateness of the person's admission to

 2  residential care. Other relevant and material evidence

 3  regarding the appropriateness of the person's admission to

 4  residential services; the most appropriate, least restrictive

 5  residential placement; and the appropriate care, treatment,

 6  and habilitation of the person, including written or oral

 7  reports, may be introduced at the hearing by any interested

 8  person.

 9         (f)  The petitioning commission may be represented by

10  counsel at the hearing.  The petitioning commission shall have

11  the right to call witnesses, present evidence, cross-examine

12  witnesses, and present argument on behalf of the petitioning

13  commission.

14         (g)  All evidence shall be presented according to

15  chapter 90.  The burden of proof shall be on the party

16  alleging the appropriateness of the person's admission to

17  residential services. The burden of proof shall be by clear

18  and convincing evidence.

19         (h)  All stages of each proceeding shall be

20  stenographically reported.

21         Section 76.  Subsections (6) and (7) of section

22  394.467, Florida Statutes, are amended to read:

23         394.467  Involuntary placement.--

24         (6)  HEARING ON INVOLUNTARY PLACEMENT.--

25         (a)1.  The court shall hold the hearing on involuntary

26  placement within 5 days, unless a continuance is granted.  The

27  hearing shall be held in the county where the patient is

28  located and shall be as convenient to the patient as may be

29  consistent with orderly procedure and shall be conducted in

30  physical settings not likely to be injurious to the patient's

31  condition.  If the court finds that the patient's attendance

                                  64

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1  at the hearing is not consistent with the best interests of

 2  the patient, and the patient's counsel does not object, the

 3  court may waive the presence of the patient from all or any

 4  portion of the hearing.  The state attorney for the circuit in

 5  which the patient is located shall represent the state, rather

 6  than the petitioning facility administrator, as the real party

 7  in interest in the proceeding.

 8         2.  The court may appoint a general or special

 9  magistrate master to preside at the hearing. One of the

10  professionals who executed the involuntary placement

11  certificate shall be a witness.  The patient and the patient's

12  guardian or representative shall be informed by the court of

13  the right to an independent expert examination.  If the

14  patient cannot afford such an examination, the court shall

15  provide for one. The independent expert's report shall be

16  confidential and not discoverable, unless the expert is to be

17  called as a witness for the patient at the hearing. The

18  testimony in the hearing must be given under oath, and the

19  proceedings must be recorded. The patient may refuse to

20  testify at the hearing.

21         (b)  If the court concludes that the patient meets the

22  criteria for involuntary placement, it shall order that the

23  patient be transferred to a treatment facility or, if the

24  patient is at a treatment facility, that the patient be

25  retained there or be treated at any other appropriate

26  receiving or treatment facility, or that the patient receive

27  services from a receiving or treatment facility, on an

28  involuntary basis, for a period of up to 6 months. The order

29  shall specify the nature and extent of the patient's mental

30  illness. The facility shall discharge a patient any time the

31  patient no longer meets the criteria for involuntary

                                  65

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1  placement, unless the patient has transferred to voluntary

 2  status.

 3         (c)  If at any time prior to the conclusion of the

 4  hearing on involuntary placement it appears to the court that

 5  the person does not meet the criteria for involuntary

 6  placement under this chapter, but instead meets the criteria

 7  for involuntary assessment, protective custody, or involuntary

 8  admission pursuant to s. 397.675, then the court may order the

 9  person to be admitted for involuntary assessment for a period

10  of 5 days pursuant to s. 397.6811.  Thereafter, all

11  proceedings shall be governed by chapter 397.

12         (d)  At the hearing on involuntary placement, the court

13  shall consider testimony and evidence regarding the patient's

14  competence to consent to treatment.  If the court finds that

15  the patient is incompetent to consent to treatment, it shall

16  appoint a guardian advocate as provided in s. 394.4598.

17         (e)  The administrator of the receiving facility shall

18  provide a copy of the court order and adequate documentation

19  of a patient's mental illness to the administrator of a

20  treatment facility whenever a patient is ordered for

21  involuntary placement, whether by civil or criminal court.

22  Such documentation shall include any advance directives made

23  by the patient, a psychiatric evaluation of the patient, and

24  any evaluations of the patient performed by a clinical

25  psychologist or a clinical social worker. The administrator of

26  a treatment facility may refuse admission to any patient

27  directed to its facilities on an involuntary basis, whether by

28  civil or criminal court order, who is not accompanied at the

29  same time by adequate orders and documentation.

30         (7)  PROCEDURE FOR CONTINUED INVOLUNTARY PLACEMENT.--

31  

                                  66

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1         (a)  Hearings on petitions for continued involuntary

 2  placement shall be administrative hearings and shall be

 3  conducted in accordance with the provisions of s. 120.57(1),

 4  except that any order entered by the administrative law judge

 5  hearing officer shall be final and subject to judicial review

 6  in accordance with s. 120.68.  Orders concerning patients

 7  committed after successfully pleading not guilty by reason of

 8  insanity shall be governed by the provisions of s. 916.15.

 9         (b)  If the patient continues to meet the criteria for

10  involuntary placement, the administrator shall, prior to the

11  expiration of the period during which the treatment facility

12  is authorized to retain the patient, file a petition

13  requesting authorization for continued involuntary placement.

14  The request shall be accompanied by a statement from the

15  patient's physician or clinical psychologist justifying the

16  request, a brief description of the patient's treatment during

17  the time he or she was involuntarily placed, and an

18  individualized plan of continued treatment.  Notice of the

19  hearing shall be provided as set forth in s. 394.4599. If at

20  the hearing the administrative law judge hearing officer finds

21  that attendance at the hearing is not consistent with the best

22  interests of the patient, the administrative law judge hearing

23  officer may waive the presence of the patient from all or any

24  portion of the hearing, unless the patient, through counsel,

25  objects to the waiver of presence.  The testimony in the

26  hearing must be under oath, and the proceedings must be

27  recorded.

28         (c)  Unless the patient is otherwise represented or is

29  ineligible, he or she shall be represented at the hearing on

30  the petition for continued involuntary placement by the public

31  defender of the circuit in which the facility is located.

                                  67

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1         (d)  If at a hearing it is shown that the patient

 2  continues to meet the criteria for involuntary placement, the

 3  administrative law judge shall sign the order for continued

 4  involuntary placement for a period not to exceed 6 months.

 5  The same procedure shall be repeated prior to the expiration

 6  of each additional period the patient is retained.

 7         (e)  If continued involuntary placement is necessary

 8  for a patient admitted while serving a criminal sentence, but

 9  whose sentence is about to expire, or for a patient

10  involuntarily placed while a minor but who is about to reach

11  the age of 18, the administrator shall petition the

12  administrative law judge for an order authorizing continued

13  involuntary placement.

14         (f)  If the patient has been previously found

15  incompetent to consent to treatment, the administrative law

16  judge hearing officer shall consider testimony and evidence

17  regarding the patient's competence.  If the administrative law

18  judge hearing officer finds evidence that the patient is now

19  competent to consent to treatment, the administrative law

20  judge hearing officer may issue a recommended order to the

21  court that found the patient incompetent to consent to

22  treatment that the patient's competence be restored and that

23  any guardian advocate previously appointed be discharged.

24         Section 77.  Subsection (7) of section 397.311, Florida

25  Statutes, is amended to read:

26         397.311  Definitions.--As used in this chapter, except

27  part VIII:

28         (7)  "Court" means, with respect to all involuntary

29  proceedings under this chapter, the circuit court of the

30  county in which the judicial proceeding is pending or where

31  the substance abuse impaired person resides or is located, and

                                  68

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1  includes any general or special magistrate master that may be

 2  appointed by the chief judge to preside over all or part of

 3  such proceeding. Otherwise, "court" refers to the court of

 4  legal jurisdiction in the context in which the term is used in

 5  this chapter.

 6         Section 78.  Subsection (1) of section 397.681, Florida

 7  Statutes, is amended to read:

 8         397.681  Involuntary petitions; general provisions;

 9  court jurisdiction and right to counsel.--

10         (1)  JURISDICTION.--The courts have jurisdiction of

11  involuntary assessment and stabilization petitions and

12  involuntary treatment petitions for substance abuse impaired

13  persons, and such petitions must be filed with the clerk of

14  the court in the county where the person is located.  The

15  chief judge may appoint a general or special magistrate master

16  to preside over all or part of the proceedings. The alleged

17  impaired person is named as the respondent.

18         Section 79.  Subsection (5) of section 447.207, Florida

19  Statutes, is amended to read:

20         447.207  Commission; powers and duties.--

21         (5)  The commission shall adopt rules as to the

22  qualifications of persons who may serve as mediators and

23  special magistrates masters and shall maintain lists of such

24  qualified persons who are not employees of the commission.

25  The commission may initiate dispute resolution procedures by

26  special magistrates masters, pursuant to the provisions of

27  this part.

28         Section 80.  Subsections (2), (3), and (4) of section

29  447.403, Florida Statutes, are amended to read:

30         447.403  Resolution of impasses.--

31  

                                  69

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1         (2)(a)  If no mediator is appointed, or upon the

 2  request of either party, the commission shall appoint, and

 3  submit all unresolved issues to, a special magistrate master

 4  acceptable to both parties. If the parties are unable to agree

 5  on the appointment of a special magistrate master, the

 6  commission shall appoint, in its discretion, a qualified

 7  special magistrate master.  However, if the parties agree in

 8  writing to waive the appointment of a special magistrate

 9  master, the parties may proceed directly to resolution of the

10  impasse by the legislative body pursuant to paragraph (4)(d).

11  Nothing in this section precludes the parties from using the

12  services of a mediator at any time during the conduct of

13  collective bargaining.

14         (b)  If the Governor is the public employer, no special

15  magistrate master shall be appointed. The parties may proceed

16  directly to the Legislature for resolution of the impasse

17  pursuant to paragraph (4)(d).

18         (3)  The special magistrate master shall hold hearings

19  in order to define the area or areas of dispute, to determine

20  facts relating to the dispute, and to render a decision on any

21  and all unresolved contract issues.  The hearings shall be

22  held at times, dates, and places to be established by the

23  special magistrate master in accordance with rules promulgated

24  by the commission.  The special magistrate master shall be

25  empowered to administer oaths and issue subpoenas on behalf of

26  the parties to the dispute or on his or her own behalf.

27  Within 15 calendar days after the close of the final hearing,

28  the special magistrate master shall transmit his or her

29  recommended decision to the commission and to the

30  representatives of both parties by registered mail, return

31  receipt requested.  Such recommended decision shall be

                                  70

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1  discussed by the parties, and each recommendation of the

 2  special magistrate master shall be deemed approved by both

 3  parties unless specifically rejected by either party by

 4  written notice filed with the commission within 20 calendar

 5  days after the date the party received the special

 6  magistrate's master's recommended decision.  The written

 7  notice shall include a statement of the cause for each

 8  rejection and shall be served upon the other party.

 9         (4)  If either the public employer or the employee

10  organization does not accept, in whole or in part, the

11  recommended decision of the special magistrate master:

12         (a)  The chief executive officer of the governmental

13  entity involved shall, within 10 days after rejection of a

14  recommendation of the special magistrate master, submit to the

15  legislative body of the governmental entity involved a copy of

16  the findings of fact and recommended decision of the special

17  magistrate master, together with the chief executive officer's

18  recommendations for settling the disputed impasse issues.  The

19  chief executive officer shall also transmit his or her

20  recommendations to the employee organization;

21         (b)  The employee organization shall submit its

22  recommendations for settling the disputed impasse issues to

23  such legislative body and to the chief executive officer;

24         (c)  The legislative body or a duly authorized

25  committee thereof shall forthwith conduct a public hearing at

26  which the parties shall be required to explain their positions

27  with respect to the rejected recommendations of the special

28  magistrate master;

29         (d)  Thereafter, the legislative body shall take such

30  action as it deems to be in the public interest, including the

31  

                                  71

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1  interest of the public employees involved, to resolve all

 2  disputed impasse issues; and

 3         (e)  Following the resolution of the disputed impasse

 4  issues by the legislative body, the parties shall reduce to

 5  writing an agreement which includes those issues agreed to by

 6  the parties and those disputed impasse issues resolved by the

 7  legislative body's action taken pursuant to paragraph (d). The

 8  agreement shall be signed by the chief executive officer and

 9  the bargaining agent and shall be submitted to the public

10  employer and to the public employees who are members of the

11  bargaining unit for ratification. If such agreement is not

12  ratified by all parties, pursuant to the provisions of s.

13  447.309, the legislative body's action taken pursuant to the

14  provisions of paragraph (d) shall take effect as of the date

15  of such legislative body's action for the remainder of the

16  first fiscal year which was the subject of negotiations;

17  however, the legislative body's action shall not take effect

18  with respect to those disputed impasse issues which establish

19  the language of contractual provisions which could have no

20  effect in the absence of a ratified agreement, including, but

21  not limited to, preambles, recognition clauses, and duration

22  clauses.

23         Section 81.  Section 447.405, Florida Statutes, is

24  amended to read:

25         447.405  Factors to be considered by the special

26  magistrate master.--The special magistrate master shall

27  conduct the hearings and render recommended decisions with the

28  objective of achieving a prompt, peaceful, and just settlement

29  of disputes between the public employee organizations and the

30  public employers.  The factors, among others, to be given

31  

                                  72

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1  weight by the special magistrate master in arriving at a

 2  recommended decision shall include:

 3         (1)  Comparison of the annual income of employment of

 4  the public employees in question with the annual income of

 5  employment maintained for the same or similar work of

 6  employees exhibiting like or similar skills under the same or

 7  similar working conditions in the local operating area

 8  involved.

 9         (2)  Comparison of the annual income of employment of

10  the public employees in question with the annual income of

11  employment of public employees in similar public employee

12  governmental bodies of comparable size within the state.

13         (3)  The interest and welfare of the public.

14         (4)  Comparison of peculiarities of employment in

15  regard to other trades or professions, specifically with

16  respect to:

17         (a)  Hazards of employment.

18         (b)  Physical qualifications.

19         (c)  Educational qualifications.

20         (d)  Intellectual qualifications.

21         (e)  Job training and skills.

22         (f)  Retirement plans.

23         (g)  Sick leave.

24         (h)  Job security.

25         (5)  Availability of funds.

26         Section 82.  Section 447.407, Florida Statutes, is

27  amended to read:

28         447.407  Compensation of mediator and special

29  magistrate master; expenses.--The compensation of the mediator

30  and special magistrate master, and all stenographic and other

31  expenses, shall be borne equally by the parties.

                                  73

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1         Section 83.  Section 447.409, Florida Statutes, is

 2  amended to read:

 3         447.409  Records.--All records that which are relevant

 4  to, or have a bearing upon, any issue or issues raised by the

 5  proceedings conducted by the special magistrate master shall

 6  be made available to the special magistrate master by a

 7  request in writing to any of the parties to the impasse

 8  proceedings.  Notice of such request must shall be furnished

 9  to all parties.  Any such records that which are made

10  available to the special magistrate must master shall also be

11  made available to any other party to the impasse proceedings,

12  upon written request.

13         Section 84.  Subsection (1) of section 475.011, Florida

14  Statutes, is amended to read:

15         475.011  Exemptions.--This part does not apply to:

16         (1)  Any person acting as an attorney in fact for the

17  purpose of the execution of contracts or conveyances only; as

18  an attorney at law within the scope of her or his duties as

19  such; as a certified public accountant, as defined in chapter

20  473, within the scope of her or his duties as such; as the

21  personal representative, receiver, trustee, or general or

22  special magistrate master under, or by virtue of, an

23  appointment by will or by order of a court of competent

24  jurisdiction; or as trustee under a deed of trust, or under a

25  trust agreement, the ultimate purpose and intent whereof is

26  charitable, is philanthropic, or provides for those having a

27  natural right to the bounty of the donor or trustor.

28         Section 85.  Paragraphs (d), (f), (g), (h), and (j) of

29  subsection (5) of section 489.127, Florida Statutes, are

30  amended to read:

31         489.127  Prohibitions; penalties.--

                                  74

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1         (5)  Each county or municipality may, at its option,

 2  designate one or more of its code enforcement officers, as

 3  defined in chapter 162, to enforce, as set out in this

 4  subsection, the provisions of subsection (1) and s. 489.132(1)

 5  against persons who engage in activity for which a county or

 6  municipal certificate of competency or license or state

 7  certification or registration is required.

 8         (d)  The act for which the citation is issued shall be

 9  ceased upon receipt of the citation; and the person charged

10  with the violation shall elect either to correct the violation

11  and pay the civil penalty in the manner indicated on the

12  citation or, within 10 days after of receipt of the citation,

13  exclusive of weekends and legal holidays, request an

14  administrative hearing before the enforcement or licensing

15  board or designated special magistrate master to appeal the

16  issuance of the citation by the code enforcement officer.

17         1.  Hearings shall be held before an enforcement or

18  licensing board or designated special magistrate master as

19  established by s. 162.03(2), and such hearings shall be

20  conducted pursuant to the requirements of ss. 162.07 and

21  162.08.

22         2.  Failure of a violator to appeal the decision of the

23  code enforcement officer within the time period set forth in

24  this paragraph shall constitute a waiver of the violator's

25  right to an administrative hearing.  A waiver of the right to

26  an administrative hearing shall be deemed an admission of the

27  violation, and penalties may be imposed accordingly.

28         3.  If the person issued the citation, or his or her

29  designated representative, shows that the citation is invalid

30  or that the violation has been corrected prior to appearing

31  before the enforcement or licensing board or designated

                                  75

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1  special magistrate master, the enforcement or licensing board

 2  or designated special magistrate master may dismiss the

 3  citation unless the violation is irreparable or irreversible.

 4         4.  Each day a willful, knowing violation continues

 5  shall constitute a separate offense under the provisions of

 6  this subsection.

 7         (f)  If the enforcement or licensing board or

 8  designated special magistrate master finds that a violation

 9  exists, the enforcement or licensing board or designated

10  special magistrate master may order the violator to pay a

11  civil penalty of not less than the amount set forth on the

12  citation but not more than $1,000 per day for each violation.

13  In determining the amount of the penalty, the enforcement or

14  licensing board or designated special magistrate master shall

15  consider the following factors:

16         1.  The gravity of the violation.

17         2.  Any actions taken by the violator to correct the

18  violation.

19         3.  Any previous violations committed by the violator.

20         (g)  Upon written notification by the code enforcement

21  officer that a violator had not contested the citation or paid

22  the civil penalty within the timeframe allowed on the

23  citation, or if a violation has not been corrected within the

24  timeframe set forth on the notice of violation, the

25  enforcement or licensing board or the designated special

26  magistrate master shall enter an order ordering the violator

27  to pay the civil penalty set forth on the citation or notice

28  of violation, and a hearing shall not be necessary for the

29  issuance of such order.

30         (h)  A certified copy of an order imposing a civil

31  penalty against an uncertified contractor may be recorded in

                                  76

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1  the public records and thereafter shall constitute a lien

 2  against any real or personal property owned by the violator.

 3  Upon petition to the circuit court, such order may be enforced

 4  in the same manner as a court judgment by the sheriffs of this

 5  state, including a levy against personal property; however,

 6  such order shall not be deemed to be a court judgment except

 7  for enforcement purposes.  A civil penalty imposed pursuant to

 8  this part shall continue to accrue until the violator comes

 9  into compliance or until judgment is rendered in a suit to

10  foreclose on a lien filed pursuant to this subsection,

11  whichever occurs first.  After 3 months following from the

12  filing of any such lien which remains unpaid, the enforcement

13  board or licensing board or designated special magistrate

14  master may authorize the local governing body's attorney to

15  foreclose on the lien. No lien created pursuant to the

16  provisions of this part may be foreclosed on real property

17  which is a homestead under s. 4, Art. X of the State

18  Constitution.

19         (j)  An aggrieved party, including the local governing

20  body, may appeal a final administrative order of an

21  enforcement board or licensing board or designated special

22  magistrate master to the circuit court.  Such an appeal shall

23  not be a hearing de novo but shall be limited to appellate

24  review of the record created before the enforcement board or

25  licensing board or designated special magistrate master. An

26  appeal shall be filed within 30 days after of the execution of

27  the order to be appealed.

28         Section 86.  Paragraphs (d), (f), (g), (h), and (j) of

29  subsection (4) of section 489.531, Florida Statutes, are

30  amended to read:

31         489.531  Prohibitions; penalties.--

                                  77

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1         (4)

 2         (d)  The act for which the citation is issued shall be

 3  ceased upon receipt of the citation; and the person charged

 4  with the violation shall elect either to correct the violation

 5  and pay the civil penalty in the manner indicated on the

 6  citation or, within 10 days after of receipt of the citation,

 7  exclusive of weekends and legal holidays, request an

 8  administrative hearing before the enforcement or licensing

 9  board or designated special magistrate master to appeal the

10  issuance of the citation by the code enforcement officer.

11         1.  Hearings shall be held before an enforcement or

12  licensing board or designated special magistrate master as

13  established by s. 162.03(2) and such hearings shall be

14  conducted pursuant to ss. 162.07 and 162.08.

15         2.  Failure of a violator to appeal the decision of the

16  code enforcement officer within the time period set forth in

17  this paragraph shall constitute a waiver of the violator's

18  right to an administrative hearing.  A waiver of the right to

19  administrative hearing shall be deemed an admission of the

20  violation and penalties may be imposed accordingly.

21         3.  If the person issued the citation, or his or her

22  designated representative, shows that the citation is invalid

23  or that the violation has been corrected prior to appearing

24  before the enforcement or licensing board or designated

25  special magistrate master, the enforcement or licensing board

26  or designated special magistrate master shall dismiss the

27  citation unless the violation is irreparable or irreversible.

28         4.  Each day a willful, knowing violation continues

29  shall constitute a separate offense under the provisions of

30  this subsection.

31  

                                  78

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1         (f)  If the enforcement or licensing board or

 2  designated special magistrate master finds that a violation

 3  exists, the enforcement or licensing board or designated

 4  special magistrate master may order the violator to pay a

 5  civil penalty of not less than the amount set forth on the

 6  citation but not more than $500 per day for each violation.

 7  In determining the amount of the penalty, the enforcement or

 8  licensing board or designated special magistrate master shall

 9  consider the following factors:

10         1.  The gravity of the violation.

11         2.  Any actions taken by the violator to correct the

12  violation.

13         3.  Any previous violations committed by the violator.

14         (g)  Upon written notification by the code enforcement

15  officer that a violator had not contested the citation or paid

16  the civil penalty within the timeframe allowed on the

17  citation, or if a violation has not been corrected within the

18  timeframe set forth on the notice of violation, the

19  enforcement or licensing board or the designated special

20  magistrate master shall enter an order ordering the violator

21  to pay the civil penalty set forth on the citation or notice

22  of violation, and a hearing shall not be necessary for the

23  issuance of such order.

24         (h)  A certified copy of an order imposing a civil

25  penalty against an uncertified contractor may be recorded in

26  the public records and thereafter shall constitute a lien

27  against any real or personal property owned by the violator.

28  Upon petition to the circuit court, such order may be enforced

29  in the same manner as a court judgment by the sheriffs of this

30  state, including a levy against personal property; however,

31  such order shall not be deemed to be a court judgment except

                                  79

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1  for enforcement purposes.  A civil penalty imposed pursuant to

 2  this part shall continue to accrue until the violator comes

 3  into compliance or until judgment is rendered in a suit to

 4  foreclose on a lien filed pursuant to this section, whichever

 5  occurs first.  After 3 months following from the filing of any

 6  such lien which remains unpaid, the enforcement or licensing

 7  board or designated special magistrate master may authorize

 8  the local governing body's attorney to foreclose on the lien.

 9  No lien created pursuant to the provisions of this part may be

10  foreclosed on real property which is a homestead under s. 4,

11  Art. X of the State Constitution.

12         (j)  An aggrieved party, including the local governing

13  body, may appeal a final administrative order of an

14  enforcement or licensing board or special designated special

15  magistrate master to the circuit court. Such an appeal shall

16  not be a hearing de novo but shall be limited to appellate

17  review of the record created before the enforcement or

18  licensing board or designated special magistrate master.  An

19  appeal shall be filed within 30 days of the execution of the

20  order to be appealed.

21         Section 87.  Subsection (1) of section 496.420, Florida

22  Statutes, is amended to read:

23         496.420  Civil remedies and enforcement.--

24         (1)  In addition to other remedies authorized by law,

25  the department may bring a civil action in circuit court to

26  enforce ss. 496.401-496.424 or s. 496.426. Upon a finding that

27  any person has violated any of these sections, a court may

28  make any necessary order or enter a judgment including, but

29  not limited to, a temporary or permanent injunction, a

30  declaratory judgment, the appointment of a general or special

31  magistrate master or receiver, the sequestration of assets,

                                  80

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1  the reimbursement of persons from whom contributions have been

 2  unlawfully solicited, the distribution of contributions in

 3  accordance with the charitable or sponsor purpose expressed in

 4  the registration statement or in accordance with the

 5  representations made to the person solicited, the

 6  reimbursement of the department for investigative costs,

 7  attorney's fees and costs, and any other equitable relief the

 8  court finds appropriate. Upon a finding that any person has

 9  violated any provision of ss. 496.401-496.424 or s. 496.426

10  with actual knowledge or knowledge fairly implied on the basis

11  of objective circumstances, a court may enter an order

12  imposing a civil penalty in an amount not to exceed $10,000

13  per violation.

14         Section 88.  Subsection (3) of section 501.207, Florida

15  Statutes, is amended to read:

16         501.207  Remedies of enforcing authority.--

17         (3)  Upon motion of the enforcing authority or any

18  interested party in any action brought under subsection (1),

19  the court may make appropriate orders, including, but not

20  limited to, appointment of a general or special magistrate

21  master or receiver or sequestration or freezing of assets, to

22  reimburse consumers or governmental entities found to have

23  been damaged; to carry out a transaction in accordance with

24  the reasonable expectations of consumers or governmental

25  entities; to strike or limit the application of clauses of

26  contracts to avoid an unconscionable result; to order any

27  defendant to divest herself or himself of any interest in any

28  enterprise, including real estate; to impose reasonable

29  restrictions upon the future activities of any defendant to

30  impede her or him from engaging in or establishing the same

31  type of endeavor; to order the dissolution or reorganization

                                  81

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1  of any enterprise; or to grant legal, equitable, or other

 2  appropriate relief.  The court may assess the expenses of a

 3  general or special magistrate master or receiver against a

 4  person who has violated, is violating, or is otherwise likely

 5  to violate this part.  Any injunctive order, whether temporary

 6  or permanent, issued by the court shall be effective

 7  throughout the state unless otherwise provided in the order.

 8         Section 89.  Section 501.618, Florida Statutes, is

 9  amended to read:

10         501.618  General civil remedies.--The department may

11  bring:

12         (1)  An action to obtain a declaratory judgment that an

13  act or practice violates the provisions of this part.

14         (2)  An action to enjoin a person who has violated, is

15  violating, or is otherwise likely to violate the provisions of

16  this part.

17         (3)  An action on behalf of one or more purchasers for

18  the actual damages caused by an act or practice performed in

19  violation of the provisions of this part. Such an action may

20  include, but is not limited to, an action to recover against a

21  bond, letter of credit, or certificate of deposit as otherwise

22  provided in this part.

23  

24  Upon motion of the enforcing authority in any action brought

25  under this section, the court may make appropriate orders,

26  including appointment of a general or special magistrate

27  master or receiver or sequestration of assets, to reimburse

28  consumers found to have been damaged, to carry out a consumer

29  transaction in accordance with the consumer's reasonable

30  expectations, or to grant other appropriate relief.  The court

31  may assess the expenses of a general or special magistrate

                                  82

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1  master or receiver against a commercial telephone seller.  Any

 2  injunctive order, whether temporary or permanent, issued by

 3  the court shall be effective throughout the state unless

 4  otherwise provided in the order.

 5         Section 90.  Subsection (6) of section 559.936, Florida

 6  Statutes, is amended to read:

 7         559.936  Civil penalties; remedies.--

 8         (6)  Upon motion of the department in any action

 9  brought under this part, the court may make appropriate

10  orders, including appointment of a general or special

11  magistrate master or receiver or sequestration of assets, to

12  reimburse consumers found to have been damaged, to carry out a

13  consumer transaction in accordance with the consumer's

14  reasonable expectations, or to grant other appropriate relief.

15         Section 91.  Subsection (1) of section 582.23, Florida

16  Statutes, is amended to read:

17         582.23  Performance of work under the regulations by

18  the supervisors.--

19         (1)  The supervisors may go upon any lands within the

20  district to determine whether land use regulations adopted are

21  being observed.  Where the supervisors of any district shall

22  find that any of the provisions of land use regulations

23  adopted are not being observed on particular lands, and that

24  such nonobservance tends to increase erosion on such lands and

25  is interfering with the prevention or control of erosion on

26  other lands within the district, the supervisors may present

27  to the circuit court for the county or counties within which

28  the lands of the defendant may lie, a petition, duly verified,

29  setting forth the adoption of the land use regulations, the

30  failure of the defendant landowner or occupier to observe such

31  regulations, and to perform particular work, operations, or

                                  83

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1  avoidances as required thereby, and that such nonobservance

 2  tends to increase erosion on such lands and is interfering

 3  with the prevention or control of erosion on other lands

 4  within the district, and praying the court to require the

 5  defendant to perform the work, operations, or avoidances

 6  within a reasonable time and to order that if the defendant

 7  shall fail so to perform the supervisors may go on the land,

 8  perform the work or other operations or otherwise bring the

 9  condition of such lands into conformity with the requirements

10  of such regulations, and recover the costs and expenses

11  thereof, with interest, from the owner of such land.  Upon the

12  presentation of such petition the court shall cause process to

13  be issued against the defendant, and shall hear the case.  If

14  it shall appear to the court that testimony is necessary for

15  the proper disposition of the matter, it may take evidence or

16  appoint a special magistrate master to take such evidence as

17  it may direct and report the same to the court within her or

18  his findings of fact and conclusions of law, which shall

19  constitute a part of the proceedings upon which the

20  determination of the court shall be made.

21         Section 92.  Subsection (2) of section 631.182, Florida

22  Statutes, is amended to read:

23         631.182  Receiver claims report and claimants

24  objections procedure.--

25         (2)  At the hearing, any interested person is entitled

26  to appear. The hearing shall not be de novo but shall be

27  limited to the record as described in s. 631.181(2). The court

28  shall enter an order allowing, allowing in part, or

29  disallowing the claim.  Any such order is deemed to be an

30  appealable order. In the interests of judicial economy, the

31  court may appoint a special magistrate master to resolve

                                  84

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1  objections or to perform any particular service required by

 2  the court. This subsection shall apply to receivership

 3  proceedings commencing prior to, or subsequent to, July 1,

 4  1997.

 5         Section 93.  Subsections (3) and (4) of section

 6  631.331, Florida Statutes, are amended to read:

 7         631.331  Assessment prima facie correct; notice;

 8  payment; proceeding to collect.--

 9         (3)  If any such member or subscriber fails to pay the

10  assessment within the period specified in the notice, which

11  period shall not be less than 20 days after mailing, the

12  department may obtain an order in the delinquency proceeding

13  requiring the member or subscriber to show cause at a time and

14  place fixed by the court why judgment should not be entered

15  against such member or subscriber for the amount of the

16  assessment, together with all costs., and A copy of the order

17  and a copy of the petition therefor shall be served upon the

18  member or subscriber within the time and in the manner

19  designated in the order.

20         (4)  If the subscriber or member after due service of a

21  copy of the order and petition referred to in subsection (3)

22  is made upon her or him:

23         (a)  Fails to appear at the time and place specified in

24  the order, judgment shall be entered against her or him as

25  prayed for in the petition; or

26         (b)  Appears in the manner and form required by law in

27  response to the order, the court shall hear and determine the

28  matter and enter a judgment in accordance with its decision.

29  In the interests of judicial economy, the court may appoint a

30  special magistrate master to resolve objections or to perform

31  any particular service required by the court. This paragraph

                                  85

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1  shall apply to receivership proceedings commencing prior to,

 2  or subsequent to, July 1, 1997.

 3         Section 94.  Subsection (2) of section 633.052, Florida

 4  Statutes, is amended to read:

 5         633.052  Ordinances relating to firesafety;

 6  definitions; penalties.--

 7         (2)  A county or municipality that which has created a

 8  code enforcement board or special magistrate master system

 9  pursuant to chapter 162 may enforce firesafety code violations

10  as provided in chapter 162. The governing body of a county or

11  municipality which has not created a code enforcement board or

12  special magistrate master system for firesafety under chapter

13  162 is authorized to enact ordinances relating to firesafety

14  codes, which ordinances shall provide:

15         (a)  That a violation of such an ordinance is a civil

16  infraction.

17         (b)  A maximum civil penalty not to exceed $500.

18         (c)  A civil penalty of less than the maximum civil

19  penalty if the person who has committed the civil infraction

20  does not contest the citation.

21         (d)  For the issuance of a citation by an officer who

22  has probable cause to believe that a person has committed a

23  violation of an ordinance relating to firesafety.

24         (e)  For the contesting of a citation in the county

25  court.

26         (f)  Such procedures and provisions necessary to

27  implement any ordinances enacted under the authority of this

28  section.

29         Section 95.  Subsection (2) of section 744.369, Florida

30  Statutes, is amended to read:

31         744.369  Judicial review of guardianship reports.--

                                  86

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1         (2)  The court may appoint general or special

 2  magistrate masters to assist the court in its review function.

 3  The court may require the general or special magistrate master

 4  to conduct random field audits.

 5         Section 96.  Subsection (11) of section 760.11, Florida

 6  Statutes, is amended to read:

 7         760.11  Administrative and civil remedies;

 8  construction.--

 9         (11)  If a complaint is within the jurisdiction of the

10  commission, the commission shall simultaneously with its other

11  statutory obligations attempt to eliminate or correct the

12  alleged discrimination by informal methods of conference,

13  conciliation, and persuasion.  Nothing said or done in the

14  course of such informal endeavors may be made public or used

15  as evidence in a subsequent civil proceeding, trial, or

16  hearing.  The commission may initiate dispute resolution

17  procedures, including voluntary arbitration, by special

18  magistrates masters or mediators.  The commission may adopt

19  rules as to the qualifications of persons who may serve as

20  special magistrates masters and mediators.

21         Section 97.  Subsection (1) of section 837.011, Florida

22  Statutes, is amended to read:

23         837.011  Definitions.--In this chapter, unless a

24  different meaning plainly is required:

25         (1)  "Official proceeding" means a proceeding heard, or

26  which may be or is required to be heard, before any

27  legislative, judicial, administrative, or other governmental

28  agency or official authorized to take evidence under oath,

29  including any referee, general or special magistrate master in

30  chancery, administrative law judge, hearing officer, hearing

31  examiner, commissioner, notary, or other person taking

                                  87

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1  testimony or a deposition in connection with any such

 2  proceeding.

 3         Section 98.  Subsection (6) of section 838.014, Florida

 4  Statutes, is amended to read:

 5         838.014  Definitions.--As used in this chapter, the

 6  term:

 7         (6)  "Public servant" means:

 8         (a)  Any officer or employee of a state, county,

 9  municipal, or special district agency or entity;

10         (b)  Any legislative or judicial officer or employee;

11         (c)  Any person, except a witness, who acts as a

12  general or special magistrate master, receiver, auditor,

13  arbitrator, umpire, referee, consultant, or hearing officer

14  while performing a governmental function; or

15         (d)  A candidate for election or appointment to any of

16  the positions listed in this subsection, or an individual who

17  has been elected to, but has yet to officially assume the

18  responsibilities of, public office.

19         Section 99.  Section 839.17, Florida Statutes, is

20  amended to read:

21         839.17  Misappropriation of moneys by commissioners to

22  make sales.--Any commissioner or general or special magistrate

23  master in chancery, having received the purchase money or the

24  securities resulting from any of the sales authorized by law,

25  who shall fail to deliver such moneys and securities, or

26  either of them, to the executor or administrator, or the

27  person entitled to receive the same, upon the order of the

28  court, unless she or he is rendered unable to do so by some

29  cause not attributable to her or his own default or neglect,

30  shall be fined in a sum equal to the amount received from the

31  purchaser, and commits shall be guilty of a felony of the

                                  88

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1  second degree, punishable as provided in s. 775.082, s.

 2  775.083, or s. 775.084.

 3         Section 100.  Paragraph (a) of subsection (3) of

 4  section 916.107, Florida Statutes, is amended to read:

 5         916.107  Rights of forensic clients.--

 6         (3)  RIGHT TO EXPRESS AND INFORMED CONSENT.--

 7         (a)  A client committed to the department pursuant to

 8  this act shall be asked to give express and informed written

 9  consent for treatment.  If a client in a forensic facility

10  refuses such treatment as is deemed necessary by the client's

11  multidisciplinary treatment team at the forensic facility for

12  the appropriate care of the client and the safety of the

13  client or others, such treatment may be provided under the

14  following circumstances:

15         1.  In an emergency situation in which there is

16  immediate danger to the safety of the client or others, such

17  treatment may be provided upon the written order of a

18  physician for a period not to exceed 48 hours, excluding

19  weekends and legal holidays.  If, after the 48-hour period,

20  the client has not given express and informed consent to the

21  treatment initially refused, the administrator or designee of

22  the forensic facility shall, within 48 hours, excluding

23  weekends and legal holidays, petition the committing court or

24  the circuit court serving the county in which the facility is

25  located, at the option of the facility administrator or

26  designee, for an order authorizing the continued treatment of

27  the client.  In the interim, treatment may be continued

28  without the consent of the client upon the continued written

29  order of a physician who has determined that the emergency

30  situation continues to present a danger to the safety of the

31  client or others.

                                  89

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1         2.  In a situation other than an emergency situation,

 2  the administrator or designee of the forensic facility shall

 3  petition the court for an order authorizing the treatment to

 4  the client.  The order shall allow such treatment for a period

 5  not to exceed 90 days from the date of the entry of the order.

 6  Unless the court is notified in writing that the client has

 7  provided express and informed consent in writing or that the

 8  client has been discharged by the committing court, the

 9  administrator or designee shall, prior to the expiration of

10  the initial 90-day order, petition the court for an order

11  authorizing the continuation of treatment for another 90-day

12  period.  This procedure shall be repeated until the client

13  provides consent or is discharged by the committing court.

14         3.  At the hearing on the issue of whether the court

15  should enter an order authorizing treatment for which a client

16  has refused to give express and informed consent, the court

17  shall determine by clear and convincing evidence that the

18  client is mentally ill, retarded, or autistic as defined in

19  this chapter, that the treatment not consented to is essential

20  to the care of the client, and that the treatment not

21  consented to is not experimental and does not present an

22  unreasonable risk of serious, hazardous, or irreversible side

23  effects.  In arriving at the substitute judgment decision, the

24  court must consider at least the following factors:

25         a.  The client's expressed preference regarding

26  treatment;

27         b.  The probability of adverse side effects;

28         c.  The prognosis without treatment; and

29         d.  The prognosis with treatment.

30  

31  

                                  90

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1  The hearing shall be as convenient to the client as may be

 2  consistent with orderly procedure and shall be conducted in

 3  physical settings not likely to be injurious to the client's

 4  condition. The court may appoint a general or special

 5  magistrate master to preside at the hearing. The client or the

 6  client's guardian, and the representative, shall be provided

 7  with a copy of the petition and the date, time, and location

 8  of the hearing. The client has the right to have an attorney

 9  represent him or her at the hearing, and, if the client is

10  indigent, the court shall appoint the office of the public

11  defender to represent the client at the hearing.  The client

12  may testify or not, as he or she chooses, and has the right to

13  cross-examine witnesses and may present his or her own

14  witnesses.

15         Section 101.  Subsection (11) of section 938.30,

16  Florida Statutes, is amended to read:

17         938.30  Financial obligations in criminal cases;

18  supplementary proceedings.--

19         (11)  The court may refer any proceeding under this

20  section to a special magistrate master who shall report

21  findings and make recommendations to the court. The court

22  shall act on such recommendations within a reasonable amount

23  of time.

24         Section 102.  Subsection (3) of section 945.43, Florida

25  Statutes, is amended to read:

26         945.43  Admission of inmate to mental health treatment

27  facility.--

28         (3)  PROCEDURE FOR HEARING ON TRANSFER OF AN INMATE FOR

29  MENTAL HEALTH TREATMENT.--If the inmate does not waive a

30  hearing or if the inmate or the inmate's representative files

31  a petition for a hearing after having waived it, the court

                                  91

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






    Florida Senate - 2004                            CS for SB 192
    308-907-04




 1  shall serve notice on the warden of the facility where the

 2  inmate is confined, the director, and the allegedly mentally

 3  ill inmate. The notice shall specify the date, time, and place

 4  of the hearing; the basis for the allegation of mental

 5  illness; and the names of the examining experts. The hearing

 6  shall be held within 5 days, and the court may appoint a

 7  general or special magistrate master to preside.  The hearing

 8  may be as informal as is consistent with orderly procedure.

 9  One of the experts whose opinion supported the recommendation

10  shall be present at the hearing for information purposes.  If,

11  at the hearing, the court finds that the inmate is mentally

12  ill and in need of care and treatment, it shall order that he

13  or she be transferred to a mental health treatment facility

14  and provided appropriate treatment.  The court shall provide a

15  copy of its order authorizing transfer and all supporting

16  documentation relating to the inmate's condition to the warden

17  of the treatment facility.  If the court finds that the inmate

18  is not mentally ill, it shall dismiss the petition for

19  transfer.

20         Section 103.  This act shall take effect October 1,

21  2004.

22  

23          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
24                              SB0192

25                                 

26  Makes additional conforming changes relating to the title
    redesignation of "masters" as "magistrates"
27  

28  

29  

30  

31  

                                  92

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

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