January 21, 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 sb0192er

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


    ENROLLED

    2004 Legislature                          CS for CS for SB 192



  1                                 

  2         An act relating to magistrates and masters;

  3         amending ss. 26.012, 27.06, 29.004, 34.01,

  4         48.20, 142.09, 316.635, 373.603, 381.0012,

  5         450.121, 560.306, 633.14, 648.44, 817.482,

  6         832.05, 876.42, 893.12, 901.01, 901.02, 901.07,

  7         901.08, 901.09, 901.11, 901.12, 901.25, 902.15,

  8         902.17, 902.20, 902.21, 903.03, 903.32, 903.34,

  9         914.22, 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.




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



 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.  Subsection (8) of section 29.004, Florida

21  Statutes, as amended by section 40 of chapter 2003-402, Laws

22  of Florida, is amended to read:

23         29.004  State courts system.--For purposes of

24  implementing s. 14, Art. V of the State Constitution, the

25  elements of the state courts system to be provided from state

26  revenues appropriated by general law are as follows:

27         (8)  General magistrates, special magistrates, Masters

28  and hearing officers.

29         Section 4.  Subsections (2) and (3) of section 34.01,

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

31  that section, to read:


                                  2

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



 1         34.01  Jurisdiction of county court.--

 2         (2)  The county courts shall have jurisdiction

 3  previously exercised by county judges' courts other than that

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

 5  court judges may hear matters involving dissolution of

 6  marriage under the simplified dissolution procedure pursuant

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

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

 9  matter is uncontested, and the jurisdiction previously

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

11  courts, small claims magistrates courts, magistrates courts,

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

13  chartered counties, including but not limited to the counties

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

15  Constitution of 1885, as preserved by s. (6)(e), Art. VIII of

16  the State Constitution of 1968.

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

18  trial court judges magistrates. Judges of county courts shall

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

20  Supreme Court.

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

22  equity involved in any case within the jurisdictional amount

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

24  State Constitution or the laws of Florida.

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

26         Section 5.  Section 48.20, Florida Statutes, is amended

27  to read:

28         48.20  Service of process on Sunday.--Service or

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

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

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


                                  3

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



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

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

 3  affidavit is made by the person requesting service or

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

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

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

 7  state under protection of Sunday, any officer furnished with

 8  an order authorizing service or execution by the trial court

 9  judge or magistrate of any incorporated town may serve or

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

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

12  day.

13         Section 6.  Section 142.09, Florida Statutes, is

14  amended to read:

15         142.09  If defendant is not convicted or dies.--If the

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

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

18  defendant and execution against him or her is returned no

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

20  these cases the fees of witnesses and officers arising from

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

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

23  committing trial court judge magistrate holds to bail or

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

25  information is not filed or an indictment found against such

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

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

28  warrants.

29         Section 7.  Subsection (3) of section 316.635, Florida

30  Statutes, is amended to read:

31  


                                  4

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



 1         316.635  Courts having jurisdiction over traffic

 2  violations; powers relating to custody and detention of

 3  minors.--

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

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

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

 7  Civil Traffic Infraction Hearing Officer, who has jurisdiction

 8  over the offense or violation magistrate, the arresting

 9  officer or booking officer shall immediately notify, or cause

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

11  adult relative of the action taken. After making every

12  reasonable effort to give notice, the arresting officer or

13  booking officer may:

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

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

16  relative, or other responsible adult;

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

18  and release the minor pursuant to s. 903.06;

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

20  and deliver the minor to an appropriate substance abuse

21  treatment or rehabilitation facility or refer the minor to an

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

23  minor cannot be delivered to an appropriate substance abuse

24  treatment or rehabilitation facility or medical facility, the

25  arresting officer may deliver the minor to an appropriate

26  intake office of the Department of Juvenile Justice, which

27  shall take custody of the minor and make any appropriate

28  referrals; or

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

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

31  deliver the minor to an appropriate Department of Juvenile


                                  5

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



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

 2  intake office, the department shall assume custody and proceed

 3  pursuant to chapter 984 or chapter 985.

 4  

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

 6  minor shall be delivered to the Department of Juvenile

 7  Justice, and the department shall make every reasonable effort

 8  to contact the parents, guardian, or responsible adult

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

10  guardian, or responsible adult relative available, the

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

12         Section 8.  Section 373.603, Florida Statutes, is

13  amended to read:

14         373.603  Power to enforce.--The Department of

15  Environmental Protection or the governing board of any water

16  management district and any officer or agent thereof may

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

18  adopted and promulgated or order issued thereunder to the same

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

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

21  trial court judge magistrate empowered to issue warrants in

22  criminal cases and make an affidavit and apply for the

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

24  magistrate, If such affidavit alleges shall allege the

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

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

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

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

29         Section 9.  Subsection (4) of section 381.0012, Florida

30  Statutes, is amended to read:

31         381.0012  Enforcement authority.--


                                  6

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



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

 2  judge magistrate empowered to issue warrants in criminal cases

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

 4  magistrate shall issue a warrant directed to any sheriff,

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

 6  the purpose and intent of this chapter.

 7         Section 10.  Subsections (3) and (4) of section

 8  450.121, Florida Statutes, are amended to read:

 9         450.121  Enforcement of Child Labor Law.--

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

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

12  within the limit of any city over which such trial court judge

13  magistrate has jurisdiction in connection with the violation

14  of this law.

15         (4)  Grand juries shall have inquisitorial powers to

16  investigate violations of this chapter; also, trial county

17  court judges and judges of the circuit courts shall specially

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

19  court, to investigate violations of this chapter.

20         Section 11.  Subsection (2) of section 560.306, Florida

21  Statutes, is amended to read:

22         560.306  Standards.--

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

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

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

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

27  committed in this state, would constitute a crime involving

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

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

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

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


                                  7

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



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

 2  pronouncement of sentence or the suspension thereof. The

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

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

 5  aside, reversed, or otherwise abrogated by lawful judicial

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

 7  pardon from the jurisdiction where the conviction was entered

 8  or received a certificate pursuant to any provision of law

 9  which removes the disability under this part because of such

10  conviction.

11         Section 12.  Section 633.14, Florida Statutes, is

12  amended to read:

13         633.14  Agents; powers to make arrests, conduct

14  searches and seizures, serve summonses, and carry

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

16  same authority to serve summonses, make arrests, carry

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

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

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

20  affidavits necessary to authorize any such arrests, searches,

21  or seizures may be made before any trial court judge

22  magistrate having authority under the law to issue appropriate

23  processes.

24         Section 13.  Paragraph (e) of subsection (1) and

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

26  Statutes, are amended to read:

27         648.44  Prohibitions; penalty.--

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

29  not:

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

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


                                  8

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



 1  committing trial court judge magistrate or any other person

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

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

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

 5  bond or estreatment thereof.

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

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

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

 9  or indirectly receive any benefits from the execution of any

10  bail bond:

11         (c)  Committing trial court judges magistrates,

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

13         Section 14.  Subsection (3) of section 817.482, Florida

14  Statutes, is amended to read:

15         817.482  Possessing or transferring device for theft of

16  telecommunications service; concealment of destination of

17  telecommunications service.--

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

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

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

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

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

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

24  instrument, apparatus, equipment, device, plans, or

25  instructions either shall be destroyed as contraband by the

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

27  turned over to the telephone company in whose territory such

28  instrument, apparatus, equipment, device, plans, or

29  instructions were seized.

30         Section 15.  Subsection (8) of section 832.05, Florida

31  Statutes, is amended to read:


                                  9

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



 1         832.05  Giving worthless checks, drafts, and debit card

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

 3  form.--

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

 5  section before any committing trial court judge magistrate,

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

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

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

 9  dismissed cases.

10         Section 16.  Section 876.42, Florida Statutes, is

11  amended to read:

12         876.42  Witnesses' privileges.--No person shall be

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

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

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

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

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

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

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

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

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

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

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

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

25  and no testimony so given or produced shall be received

26  against the person, upon any criminal investigation,

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

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

29  testimony.

30         Section 17.  Paragraph (a) of subsection (1) of section

31  893.12, Florida Statutes, is amended to read:


                                  10

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



 1         893.12  Contraband; seizure, forfeiture, sale.--

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

 3  listed chemicals, which substances or chemicals are handled,

 4  delivered, possessed, or distributed contrary to any

 5  provisions of this chapter, and all such controlled substances

 6  or listed chemicals the lawful possession of which is not

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

 8  declared to be contraband, are subject to seizure and

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

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

11  follows:

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

13  court having jurisdiction shall order such controlled

14  substances or listed chemicals forfeited and destroyed.  A

15  record of the place where said controlled substances or listed

16  chemicals were seized, of the kinds and quantities of

17  controlled substances or listed chemicals destroyed, and of

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

19  a return under oath reporting said destruction shall be made

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

21         Section 18.  Section 901.01, Florida Statutes, is

22  amended to read:

23         901.01  Judicial officers have to be committing

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

25  conservator of the peace and has a committing magistrate with

26  authority to issue warrants of arrest, commit offenders to

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

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

29  been substantially threatened or disturbed.

30         Section 19.  Subsection (1) of section 901.02, Florida

31  Statutes, is amended to read:


                                  11

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



 1         901.02  When warrant of arrest to be issued.--

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

 3  person complained against if the trial court judge magistrate,

 4  from the examination of the complainant and other witnesses,

 5  reasonably believes that the person complained against has

 6  committed an offense within the trial court judge's

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

 8  is signed by the trial court judge magistrate.

 9         Section 20.  Section 901.07, Florida Statutes, is

10  amended to read:

11         901.07  Admission to bail when arrest occurs in another

12  county.--

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

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

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

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

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

18  trial court judge magistrate or other official of the same

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

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

21  before the trial court judge magistrate who issued the

22  warrant.

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

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

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

26  the officer having the warrant shall take the person before

27  the trial court judge magistrate who issued the warrant.

28         Section 21.  Section 901.08, Florida Statutes, is

29  amended to read:

30         901.08  Issue of warrant when offense triable in

31  another county.--


                                  12

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



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

 2  magistrate charges the commission of an offense that is

 3  punishable by death or life imprisonment and is triable in

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

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

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

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

 8  warrant shall require the person against whom the complaint is

 9  made to be taken before a designated trial court judge

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

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

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

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

14  before a trial court judge magistrate or other official having

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

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

17  or her appearance before the trial court judge magistrate

18  designated in the warrant.

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

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

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

22  trial court judge magistrate designated in the warrant.

23         Section 22.  Section 901.09, Florida Statutes, is

24  amended to read:

25         901.09  When summons shall be issued.--

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

27  trial court judge magistrate is empowered to try summarily,

28  the trial court judge magistrate shall issue a summons instead

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

30  person against whom the complaint was made will not appear

31  


                                  13

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



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

 2  magistrate shall issue a warrant.

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

 4  trial court judge magistrate is not empowered to try

 5  summarily, the trial court judge magistrate shall issue a

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

 7  that the person against whom the complaint was made will

 8  appear upon a summons.

 9         (3)  The summons shall set forth substantially the

10  nature of the offense and shall command the person against

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

12  judge magistrate at a stated time and place.

13         Section 23.  Section 901.11, Florida Statutes, is

14  amended to read:

15         901.11  Effect of not answering summons.--Failure to

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

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

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

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

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

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

22  commanded after issuing a summons, the trial court judge

23  magistrate may issue a warrant.

24         Section 24.  Section 901.12, Florida Statutes, is

25  amended to read:

26         901.12  Summons against corporation.--When a complaint

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

28  judge magistrate shall issue a summons that shall set forth

29  substantially the nature of the offense and command the

30  corporation to appear before the trial court judge magistrate

31  at a stated time and place.


                                  14

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



 1         Section 25.  Subsection (3) of section 901.25, Florida

 2  Statutes, is amended to read:

 3         901.25  Fresh pursuit; arrest outside jurisdiction.--

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

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

 6  the officer shall immediately notify the officer in charge of

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

 8  charge of the jurisdiction shall, along with the officer

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

10  county court judge or other committing magistrate of the

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

12         Section 26.  Section 902.15, Florida Statutes, is

13  amended to read:

14         902.15  Undertaking by witness.--When a defendant is

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

16  life imprisonment, the trial court judge magistrate at the

17  preliminary hearing may require each material witness to enter

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

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

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

21  judge magistrate.

22         Section 27.  Subsections (1), (2), and (3) of section

23  902.17, Florida Statutes, are amended to read:

24         902.17  Procedure when witness does not give

25  security.--

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

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

28  judge magistrate shall commit the witness to custody until she

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

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

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


                                  15

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



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

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

 3  reduction of the security.

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

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

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

 7  jurisdiction to try the defendant shall make an order finding

 8  that fact, and the witness shall be detained pending

 9  application for her or his conditional examination. Within 3

10  days from the entry of the order, the witness shall be

11  conditionally examined on application of the state or the

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

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

14  transcribed by a court reporter or stenographer selected by

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

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

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

18  the prosecuting attorney and the defendant and the defendant's

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

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

21  without the consent of the defendant.

22         Section 28.  Section 902.20, Florida Statutes, is

23  amended to read:

24         902.20  Contempts before committing trial court judge

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

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

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

28  criminal cases.

29         Section 29.  Section 902.21, Florida Statutes, is

30  amended to read:

31  


                                  16

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



 1         902.21  Commitment to jail in another county.--If a

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

 3  committing trial court judge magistrate shall direct the

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

 5         Section 30.  Subsection (1) of section 903.03, Florida

 6  Statutes, is amended to read:

 7         903.03  Jurisdiction of trial court to admit to bail;

 8  duties and responsibilities of Department of Corrections.--

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

10  judge magistrate, the court having jurisdiction to try the

11  defendant shall, before indictment, affidavit, or information

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

13  motions regarding bail and production or impounding of all

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

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

16         Section 31.  Subsection (2) of section 903.32, Florida

17  Statutes, is amended to read:

18         903.32  Defects in bond.--

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

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

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

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

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

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

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

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

27  court that will commence more than 3 days after the

28  undertaking is given.

29         Section 32.  Section 903.34, Florida Statutes, is

30  amended to read:

31  


                                  17

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



 1         903.34  Who may admit to bail.--In criminal actions

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

 3  defendants before trial until appeal shall be approved by a

 4  committing trial court judge magistrate or the sheriff. Appeal

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

 6         Section 33.  Subsection (4) of section 914.22, Florida

 7  Statutes, is amended to read:

 8         914.22  Tampering with a witness, victim, or

 9  informant.--

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

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

12  circumstance:

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

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

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

16  a state agency; or

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

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

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

20  serving the state as an adviser or consultant.

21         Section 34.  Section 923.01, Florida Statutes, is

22  amended to read:

23         923.01  Criminal report.--Each committing trial court

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

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

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

27  prosecuting attorney of the trial court having jurisdiction, a

28  report in the following form:

29  

30                         CRIMINAL REPORT

31  


                                  18

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



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

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

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

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

 5  of property stolen: .... Kind of property stolen: .... Kind of

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

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

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

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

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

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

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

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

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

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

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

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

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

19  side of this sheet.

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

21         Section 35.  Section 933.01, Florida Statutes, is

22  amended to read:

23         933.01  Persons competent to issue search warrant.--A

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

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

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

27  magistrate having jurisdiction where the place, vehicle, or

28  thing to be searched may be.

29         Section 36.  Section 933.06, Florida Statutes, is

30  amended to read:

31  


                                  19

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



 1         933.06  Sworn application required before

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

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

 4  duly sworn to and subscribed, and may receive further

 5  testimony from witnesses or supporting affidavits, or

 6  depositions in writing, to support the application.  The

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

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

 9  application or probable cause for believing that they exist.

10         Section 37.  Subsection (1) of section 933.07, Florida

11  Statutes, is amended to read:

12         933.07  Issuance of search warrants.--

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

14  proofs submitted, if satisfied that probable cause exists for

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

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

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

18  police officer or other person authorized by law to execute

19  process, commanding the officer or person forthwith to search

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

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

22  person arrested in connection therewith before the judge

23  magistrate or some other court having jurisdiction of the

24  offense.

25         Section 38.  Section 933.10, Florida Statutes, is

26  amended to read:

27         933.10  Execution of search warrant during day or

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

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

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

31  


                                  20

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



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

 2  exigencies of the occasion may demand or require.

 3         Section 39.  Section 933.101, Florida Statutes, is

 4  amended to read:

 5         933.101  Service on Sunday.--A search warrant may be

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

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

 8         Section 40.  Section 933.13, Florida Statutes, is

 9  amended to read:

10         933.13  Copy of inventory shall be delivered upon

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

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

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

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

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

16  warrant.

17         Section 41.  Subsections (1), (3), and (4) of section

18  933.14, Florida Statutes, are amended to read:

19         933.14  Return of property taken under search

20  warrant.--

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

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

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

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

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

26  the judge magistrate before whom any property is returned that

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

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

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

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

31  sheets, rundown sheets, or other gambling devices,


                                  21

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



 1  paraphernalia and equipment, or narcotic drugs, obscene prints

 2  and literature be returned to anyone claiming an interest

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

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

 5  constitutional provision in such contraband; provided,

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

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

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

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

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

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

12  sworn affidavit or complaint upon which the search warrant was

13  issued or the testimony of the officers showing probable cause

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

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

16  tickets, tally sheets, rundown sheets, scratch sheets, or

17  other gambling devices, paraphernalia, and equipment,

18  including money used in gambling or in furtherance of

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

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

21  illegal possession of such contraband and the burden shall be

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

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

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

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

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

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

28  court judge.

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

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

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


                                  22

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



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

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

 3  perishable property held or possessed in violation of law may

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

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

 6  judge or magistrate to whom said search warrant is returned

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

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

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

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

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

12  and certificates to the proper office where the proceedings

13  are lodged.

14         Section 42.  Section 939.02, Florida Statutes, is

15  amended to read:

16         939.02  Costs before committing trial court judge

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

18  court judge magistrate shall be taxed against the defendant on

19  conviction or estreat of recognizance.

20         Section 43.  Section 939.14, Florida Statutes, is

21  amended to read:

22         939.14  County not to pay costs in cases where

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

24  committing trial court judge magistrate holds to bail or

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

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

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

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

29  costs for executing the warrant.

30         Section 44.  Section 941.13, Florida Statutes, is

31  amended to read:


                                  23

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



 1         941.13  Arrest prior to requisition.--Whenever any

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

 3  credible person before any judge or magistrate of this state

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

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

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

 7  and having escaped from confinement, or having broken the

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

 9  complaint shall have been made before any judge or magistrate

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

25  certified copy of the sworn charge or complaint and affidavit

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

27  warrant.

28         Section 45.  Section 941.14, Florida Statutes, is

29  amended to read:

30         941.14  Arrest without a warrant.--The arrest of a

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


                                  24

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



 1  private person, without a warrant upon reasonable information

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

 3  a crime punishable by death or imprisonment for a term

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

 5  taken before a judge or magistrate with all practicable speed

 6  and complaint must be made against the accused under oath

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

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

 9  the accused had been arrested on a warrant.

10         Section 46.  Section 941.15, Florida Statutes, is

11  amended to read:

12         941.15  Commitment to await requisition; bail.--If from

13  the examination before the judge or magistrate it appears that

14  the person held is the person charged with having committed

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

16  941.06, that the person has fled from justice, the judge or

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

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

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

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

21  requisition of the executive authority of the state having

22  jurisdiction of the offense, unless the accused gives give

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

24  accused shall be legally discharged.

25         Section 47.  Section 941.17, Florida Statutes, is

26  amended to read:

27         941.17  Extension of time of commitment,

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

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

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

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


                                  25

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



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

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

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

 4  date of such new bond.

 5         Section 48.  Section 941.18, Florida Statutes, is

 6  amended to read:

 7         941.18  Forfeiture of bail.--If the prisoner is

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

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

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

11  forfeited and order his or her immediate arrest without

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

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

14  other bonds given by the accused in criminal proceedings

15  within this state.

16         Section 49.  Subsection (2) of section 947.141, Florida

17  Statutes, is amended to read:

18         947.141  Violations of conditional release, control

19  release, or conditional medical release or addiction-recovery

20  supervision.--

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

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

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

24  without bond until the initial appearance of the offender at

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

26  the trial court judge magistrate determines that there was no

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

28  If the trial court judge magistrate determines that there was

29  probable cause for the arrest, such determination also

30  constitutes reasonable grounds to believe that the offender

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


                                  26

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



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

 2  cause, the detention facility administrator or designee shall

 3  notify the commission and the department of the finding and

 4  transmit to each a facsimile copy of the probable cause

 5  affidavit or the sworn offense report upon which the trial

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

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

 8  for a period not exceeding 72 hours excluding weekends and

 9  holidays after the date of the probable cause determination,

10  pending a decision by the commission whether to issue a

11  warrant charging the offender with violation of the conditions

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

13  offender must continue to be held in custody pending a

14  revocation hearing held in accordance with this section.

15         Section 50.  Subsection (1) of section 948.06, Florida

16  Statutes, is amended to read:

17         948.06  Violation of probation or community control;

18  revocation; modification; continuance; failure to pay

19  restitution or cost of supervision.--

20         (1)  Whenever within the period of probation or

21  community control there are reasonable grounds to believe that

22  a probationer or offender in community control has violated

23  his or her probation or community control in a material

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

25  probationary or community control status of the probationer or

26  offender in community control or any parole or probation

27  supervisor may arrest or request any county or municipal law

28  enforcement officer to arrest such probationer or offender

29  without warrant wherever found and forthwith return him or her

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

31  committing trial court judge magistrate may issue a warrant,


                                  27

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



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

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

 3  probationer or offender, returnable forthwith before the court

 4  granting such probation or community control. Any parole or

 5  probation supervisor, any officer authorized to serve criminal

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

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

 8  affidavit alleging a violation of probation or community

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

10  the probationary period is tolled until the court enters a

11  ruling on the violation. Notwithstanding the tolling of

12  probation as provided in this subsection, the court shall

13  retain jurisdiction over the offender for any violation of the

14  conditions of probation or community control that is alleged

15  to have occurred during the tolling period. The probation

16  officer is permitted to continue to supervise any offender who

17  remains available to the officer for supervision until the

18  supervision expires pursuant to the order of probation or

19  community control or until the court revokes or terminates the

20  probation or community control, whichever comes first. The

21  court, upon the probationer or offender being brought before

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

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

24  modify, or continue the probation or community control or

25  place the probationer into a community control program. If

26  probation or community control is revoked, the court shall

27  adjudge the probationer or offender guilty of the offense

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

29  previously been adjudged guilty, and impose any sentence which

30  it might have originally imposed before placing the

31  probationer on probation or the offender into community


                                  28

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



 1  control. If such violation of probation or community control

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

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

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

 5  probation or community control violation. If such charge is

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

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

 8  practicable, shall give the probationer or offender an

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

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

11  modify, or continue the probation or community control or

12  place the probationer into community control. If such

13  probation or community control is revoked, the court shall

14  adjudge the probationer or offender guilty of the offense

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

16  previously been adjudged guilty, and impose any sentence which

17  it might have originally imposed before placing the

18  probationer or offender on probation or into community

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

20  probation or community control has been tolled, upon

21  revocation or modification of the probation or community

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

23  combined with the amount of supervision served and tolled,

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

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

26  court dismisses an affidavit alleging a violation of probation

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

28  control shall continue as previously imposed, and the offender

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

30  term of probation or community control.

31  


                                  29

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



 1         Section 51.  Paragraph (b) of subsection (4) of section

 2  985.05, Florida Statutes, is amended to read:

 3         985.05  Court records.--

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

 5  not admissible in evidence in any other civil or criminal

 6  proceeding, except that:

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

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

 9  committing magistrate, are admissible in evidence in the court

10  to which the adult is bound over.

11         Section 52.  Section 56.071, Florida Statutes, is

12  amended to read:

13         56.071  Executions on equities of redemption; discovery

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

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

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

17  other persons interested in the mortgaged property levied on

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

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

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

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

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

23  The court may appoint a general or special magistrate master

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

25  the interest of and personal property in possession of a

26  vendee under a retained title contract or conditional sales

27  contract.

28         Section 53.  Subsections (2), (7), and (10) of section

29  56.29, Florida Statutes, are amended to read:

30         56.29  Proceedings supplementary.--

31  


                                  30

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



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

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

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

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

 5  examined concerning his or her property.

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

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

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

 9  special magistrate master has all the powers thereof,

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

11  fees provided by law.

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

13  this section by a judge or general or special magistrate

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

15  on him or her may be held in contempt.

16         Section 54.  Subsection (4) of section 61.1826, Florida

17  Statutes, is amended to read:

18         61.1826  Procurement of services for State Disbursement

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

20  Registry; contracts and cooperative agreements; penalties;

21  withholding payment.--

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

23  contract between the Florida Association of Court Clerks and

24  the department, and cooperative agreements entered into by the

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

26  limited to, the following terms:

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

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

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

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

31  department.


                                  31

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



 1         (b)  The duties and responsibilities of the Florida

 2  Association of Court Clerks, the depositories, and the

 3  department.

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

 5  subcontractors shall submit to the department directly, or

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

 7  monthly expenditures in a format prescribed by the department

 8  and in sufficient detail for a proper preaudit and postaudit

 9  thereof.

10         (d)  All providers and subcontractors shall submit to

11  the department directly, or through the Florida Association of

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

13  department.

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

15  as may be required.

16         (f)  Federal financial participation for eligible Title

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

18  Clerks and the depositories shall be at the maximum level

19  permitted by federal law for expenditures incurred for the

20  provision of services in support of child support enforcement

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

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

23  annual cost allocation study of each depository. The

24  depositories shall submit directly, or through the Florida

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

26  expenditures monthly to the department in a standardized

27  format as prescribed by the department. The Florida

28  Association of Court Clerks shall contract with a certified

29  public accounting firm, selected by the Florida Association of

30  Court Clerks and the department, to audit and certify

31  


                                  32

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



 1  quarterly to the department all claims for expenditures

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

 3         (g)  Upon termination of the contracts between the

 4  department and the Florida Association of Court Clerks or the

 5  depositories, the Florida Association of Court Clerks, its

 6  agents, and the depositories shall assist the department in

 7  making an orderly transition to a private vendor.

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

 9  be in accordance with s. 215.422.

10  

11  If either the department or the Florida Association of Court

12  Clerks objects to a term of the standard cooperative agreement

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

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

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

16  act as special magistrate master. The special magistrate

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

18  The resolution of a dispute by the special magistrate master

19  is binding on the department and the Florida Association of

20  Court Clerks.

21         Section 55.  Section 64.061, Florida Statutes, is

22  amended to read:

23         64.061  Partition of property; commissioners; special

24  magistrate master.--

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

26  partition is made, the court shall appoint three suitable

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

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

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

30  appointed in their places.

31  


                                  33

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



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

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

 3  the trust imposed in them faithfully and impartially before

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

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

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

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

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

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

10  party may file objections to the report of the commissioners

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

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

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

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

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

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

17  their respective shares as against the other parties to the

18  action or those claiming through or under them.

19         (4)  APPOINTMENT OF SPECIAL MAGISTRATE MASTER WHERE

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

21  allegation in a pleading that the property sought to be

22  partitioned is indivisible and is not subject to partition

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

24  partition is entered and the court is satisfied that the

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

26  the others the court may appoint a special magistrate master

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

28  sale or as provided by s. 64.071.

29         Section 56.  Subsection (5) of section 65.061, Florida

30  Statutes, is amended to read:

31         65.061  Quieting title; additional remedy.--


                                  34

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



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

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

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

 4  conveyance were executed by a special magistrate master or

 5  commissioner.

 6         Section 57.  Section 69.051, Florida Statutes, is

 7  amended to read:

 8         69.051  General and special magistrates Masters in

 9  chancery; compensation.--General and special magistrates

10  appointed by the court Masters in chancery shall be allowed

11  such compensation for any services as the court deems

12  reasonable, including time consumed in legal research required

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

14         Section 58.  Section 70.51, Florida Statutes, is

15  amended to read:

16         70.51  Land use and environmental dispute resolution.--

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

18  and Environmental Dispute Resolution Act."

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

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

21  proposed state or regional governmental agency action, which

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

23  with conditions an application for a development permit, and

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

25  state or a local government on comprehensive plan amendments

26  are not development orders.

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

28  zoning permit, subdivision approval, certification, special

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

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

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


                                  35

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



 1  has the effect of authorizing the development of real property

 2  including, but not limited to, programs implementing chapters

 3  125, 161, 163, 166, 187, 258, 372, 373, 378, 380, and 403.

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

 5  selected by the parties to perform the duties prescribed in

 6  this section.  The special magistrate master must be a

 7  resident of the state and possess experience and expertise in

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

 9  working familiarity with the others: land use and

10  environmental permitting, land planning, land economics, local

11  and state government organization and powers, and the law

12  governing the same.

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

14  interest in real property who filed an application for a

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

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

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

18  action of a governmental entity.

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

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

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

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

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

24  municipality, or any other entity that independently exercises

25  governmental authority.  The term does not include the United

26  States or any of its agencies.

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

28  any appurtenances and improvements to the land, including any

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

30  interest.

31  


                                  36

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



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

 2  either separately or in conjunction with other development

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

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

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

 6  or notice of the governmental action for relief under this

 7  section.

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

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

10  appointed head of the governmental entity that issued the

11  development order or orders, or that initiated the enforcement

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

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

14  request for relief to the special magistrate master who is

15  mutually agreed upon by the owner and the governmental entity

16  within 10 days after receipt of the request.

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

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

19  by United States mail or by hand delivery to:

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

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

22         (b)  Any substantially affected party who submitted

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

24  nature which stated with particularity objections to or

25  support for any development order at issue or enforcement

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

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

28  subsequent special magistrate master proceedings occurring on

29  the development order or enforcement action. Each governmental

30  entity must maintain in its files relating to particular

31  development orders a mailing list of persons who have


                                  37

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



 1  presented oral or written testimony and who have requested

 2  notice.

 3         (6)  The request for relief must contain:

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

 5  the property.

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

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

 8  the documentation of an enforcement action at issue must be

 9  attached to the request.

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

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

12  achieve the proposed use of the property.

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

14  including the governmental entity, served.

15         (7)  The special magistrate master may require other

16  information in the interest of gaining a complete

17  understanding of the request for relief.

18         (8)  The special magistrate master may conduct a

19  hearing on whether the request for relief should be dismissed

20  for failing to include the information required in subsection

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

22  special magistrate master shall allow the owner to amend the

23  request and refile.  Failure to file an adequate amended

24  request within the time specified shall result in a dismissal

25  with prejudice as to this proceeding.

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

27  consents to grant the special magistrate master and the

28  parties reasonable access to the real property with advance

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

30  the real property.

31  


                                  38

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



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

 2  proceeding to review a local development order or local

 3  enforcement action, the owner must exhaust all nonjudicial

 4  local government administrative appeals if the appeals take no

 5  longer than 4 months.  Once nonjudicial local administrative

 6  appeals are exhausted and the development order or enforcement

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

 8  development order or notice of the enforcement action if the

 9  owner has pursued local administrative appeals even if the

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

11  proceeding under this section.  Initiation of a proceeding

12  tolls the time for seeking judicial review of a local

13  government development order or enforcement action until the

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

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

16  judicial review of a local government development order or

17  enforcement action prior to initiating a proceeding under this

18  section waives any right to a special magistrate master

19  proceeding.

20         (b)  If an owner requests special magistrate master

21  relief from a development order or enforcement action issued

22  by a state or regional agency, the time for challenging agency

23  action under ss. 120.569 and 120.57 is tolled. If an owner

24  chooses to bring a proceeding under ss. 120.569 and 120.57

25  before initiating a special magistrate master proceeding, then

26  the owner waives any right to a special magistrate master

27  proceeding unless all parties consent to proceeding to

28  mediation.

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

30  governmental entity that issues the development order to the

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


                                  39

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



 1  instances when the development order or enforcement action is

 2  the culmination of a process involving more than one

 3  governmental entity or when a complete resolution of all

 4  relevant issues would require the active participation of more

 5  than one governmental entity, the special magistrate master

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

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

 8  effecting the purposes of this section, and those governmental

 9  entities so joined shall actively participate in the

10  procedure.

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

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

13  and any substantially affected person who submitted oral or

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

15  which stated with particularity objections to or support for

16  the development order or enforcement action at issue may

17  request to participate in the proceeding.  Those persons may

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

19  granted party or intervenor status. The participation of such

20  persons is limited to addressing issues raised regarding

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

22  development order or enforcement action which may impact their

23  substantial interests, including denial of the development

24  order or application of an enforcement action.

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

26  persons qualified by training or experience necessary to

27  address issues raised by the request or by the special

28  magistrate master and further qualified to address

29  alternatives, variances, and other types of modifications to

30  the development order or enforcement action are present at the

31  hearing.


                                  40

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



 1         (14)  The special magistrate master may subpoena any

 2  nonparty witnesses in the state whom the special magistrate

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

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

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

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

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

 8  property is located.

 9         (b)  The special magistrate master must provide notice

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

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

12  days prior to the hearing.

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

14  for relief, the governmental entity that issued the

15  development order or that is taking the enforcement action

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

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

18  The response must set forth in reasonable detail the position

19  of the governmental entity regarding the matters alleged by

20  the owner.  The response must include a brief statement

21  explaining the public purpose of the regulations on which the

22  development order or enforcement action is based.

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

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

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

26  15 days following its admission.

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

28  request for relief a request to be dropped from the

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

30  and circumstances relevant to aid the special magistrate

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


                                  41

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



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

 2  merits of the request for relief.

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

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

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

 6  the supervision of the special magistrate master.  The object

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

 8  governmental action giving rise to the request for relief and

 9  to explore alternatives to the development order or

10  enforcement action and other regulatory efforts by the

11  governmental entities in order to recommend relief, when

12  appropriate, to the owner.

13         (a)  The first responsibility of the special magistrate

14  master is to facilitate a resolution of the conflict between

15  the owner and governmental entities to the end that some

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

17  adjustment in the development order or enforcement action or

18  regulatory efforts by one or more of the governmental parties

19  may be reached. Accordingly, the special magistrate master

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

21  an effort to effect a mutually acceptable solution.  The

22  parties shall be represented at the mediation by persons with

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

24  by persons with authority to recommend a solution directly to

25  the persons with authority to bind their respective parties to

26  a solution.

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

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

29  mediation, the special magistrate master shall consider the

30  facts and circumstances set forth in the request for relief

31  and any responses and any other information produced at the


                                  42

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



 1  hearing in order to determine whether the action by the

 2  governmental entity or entities is unreasonable or unfairly

 3  burdens the real property.

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

 5  master may hear from all parties and witnesses that are

 6  necessary to an understanding of the matter. The special

 7  magistrate master shall weigh all information offered at the

 8  hearing.

 9         (18)  The circumstances to be examined in determining

10  whether the development order or enforcement action, or the

11  development order or enforcement action in conjunction with

12  regulatory efforts of other governmental parties, is

13  unreasonable or unfairly burdens use of the property may

14  include, but are not limited to:

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

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

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

18  how it was initially used.

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

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

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

22  whether plats were filed or recorded, and whether

23  infrastructure and other public services or improvements may

24  have been dedicated to the public.

25         (c)  The history of environmental protection and land

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

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

28  in classifications occurred.

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

30  property, including its natural and altered characteristics.

31  


                                  43

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



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

 2  time of acquisition, or immediately prior to the

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

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

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

 6  development order or enforcement action, including the nature

 7  and magnitude of the problem addressed by the underlying

 8  regulations on which the development order or enforcement

 9  action is based; whether the development order or enforcement

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

11  and whether there are alternative development orders or

12  enforcement action conditions that would achieve the public

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

14  property.

15         (g)  Uses authorized for and restrictions placed on

16  similar property.

17         (h)  Any other information determined relevant by the

18  special magistrate master.

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

20  hearing, the special magistrate master shall prepare and file

21  with all parties a written recommendation.

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

23  development order at issue, or the development order or

24  enforcement action in combination with the actions or

25  regulations of other governmental entities, is not

26  unreasonable or does not unfairly burden the use of the

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

28  that the development order or enforcement action remain

29  undisturbed and the proceeding shall end, subject to the

30  owner's retention of all other available remedies.

31  


                                  44

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



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

 2  development order or enforcement action, or the development

 3  order or enforcement action in combination with the actions or

 4  regulations of other governmental entities, is unreasonable or

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

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

 7  recommend one or more alternatives that protect the public

 8  interest served by the development order or enforcement action

 9  and regulations at issue but allow for reduced restraints on

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

11  limited to:

12         1.  An adjustment of land development or permit

13  standards or other provisions controlling the development or

14  use of land.

15         2.  Increases or modifications in the density,

16  intensity, or use of areas of development.

17         3.  The transfer of development rights.

18         4.  Land swaps or exchanges.

19         5.  Mitigation, including payments in lieu of onsite

20  mitigation.

21         6.  Location on the least sensitive portion of the

22  property.

23         7.  Conditioning the amount of development or use

24  permitted.

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

26  comprehensive basis than a single proposed use or development.

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

28  special exception, or other extraordinary relief, including

29  withdrawal of the enforcement action.

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

31  therein, by an appropriate governmental entity.


                                  45

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



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

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

 3  permissible use of the property prior to the special

 4  magistrate master entering a recommendation.  An agreement for

 5  a permissible use must be incorporated in the special

 6  magistrate's master's recommendation.

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

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

 9  statements of all participants to the special magistrate

10  master proceeding are evidence of an offer to compromise and

11  inadmissible in any proceeding, judicial or administrative.

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

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

14  responsible for the development order or enforcement action

15  and other governmental entities participating in the

16  proceeding must consult among themselves and each governmental

17  entity must:

18         (a)  Accept the recommendation of the special

19  magistrate master as submitted and proceed to implement it by

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

21  in the ordinary course and consistent with the rules and

22  procedures of that governmental entity.  However, the decision

23  of the governmental entity to accept the recommendation of the

24  special magistrate master with respect to granting a

25  modification, variance, or special exception to the

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

27  they would otherwise apply to the subject property does not

28  require an owner to duplicate previous processes in which the

29  owner has participated in order to effectuate the granting of

30  the modification, variance, or special exception;

31  


                                  46

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



 1         (b)  Modify the recommendation as submitted by the

 2  special magistrate master and proceed to implement it by

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

 4  in the ordinary course and consistent with the rules and

 5  procedures of that governmental entity; or

 6         (c)  Reject the recommendation as submitted by the

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

 8  rejection unless the period is extended by agreement of the

 9  owner and issuer of the development order or enforcement

10  action.

11         (22)  If a governmental entity accepts the special

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

13  owner rejects the acceptance or modification, or if a

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

15  recommendation, the governmental entity must issue a written

16  decision within 30 days that describes as specifically as

17  possible the use or uses available to the subject real

18  property.

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

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

21  by agreement of the parties.  A decision describing available

22  uses constitutes the last prerequisite to judicial action and

23  the matter is ripe or final for subsequent judicial

24  proceedings unless the owner initiates a proceeding under ss.

25  120.569 and 120.57. If the owner brings a proceeding under ss.

26  120.569 and 120.57, the matter is ripe when the proceeding

27  culminates in a final order whether further appeal is

28  available or not.

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

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

31  the governmental entity acts on the special magistrate's


                                  47

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



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

 2  court of competent jurisdiction. Invoking the procedures of

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

 4  action.

 5         (25)  Regardless of the action the governmental entity

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

 7  recommendation that the development order or enforcement

 8  action, or the development order or enforcement action in

 9  combination with other governmental regulatory actions, is

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

11  property may serve as an indication of sufficient hardship to

12  support modification, variances, or special exceptions to the

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

14  the subject property.

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

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

17  support document for, a comprehensive plan or comprehensive

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

19  determination of compliance with chapter 163.  Any

20  comprehensive plan amendment necessary to carry out the

21  approved recommendation of a special magistrate master under

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

23  amendments and may be adopted by the local government

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

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

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

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

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

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

30  what action the governmental entity took on the special

31  magistrate's master's recommendation.


                                  48

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



 1         (28)  Each governmental entity may establish procedural

 2  guidelines to govern the conduct of proceedings authorized by

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

 4  payment of special magistrate master fees and expenses,

 5  including the costs of providing notice and effecting service

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

 7  borne equally by the governmental entities and the owner.

 8         (29)  This section shall be liberally construed to

 9  effect fully its obvious purposes and intent, and governmental

10  entities shall direct all available resources and authorities

11  to effect fully the obvious purposes and intent of this

12  section in resolving disputes.  Governmental entities are

13  encouraged to expedite notice and time-related provisions to

14  implement resolution of disputes under this section.  The

15  procedure established by this section may be used to resolve

16  disputes in pending judicial proceedings, with the agreement

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

18  approval of the court in which the judicial proceedings are

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

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

21  lawfully available for arbitration, mediation, or other forms

22  of alternative dispute resolution.

23         (30)  This section applies only to development orders

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

25  issued, on or after October 1, 1995.

26         Section 59.  Subsection (1) of section 92.142, Florida

27  Statutes, is amended to read:

28         92.142  Witnesses; pay.--

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

30  courts, now or hereafter created, and witnesses summoned

31  before any arbitrator or general or special magistrate


                                  49

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



 1  appointed by the court master in chancery shall receive for

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

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

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

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

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

 7  and travel expenses at the same rate provided for state

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

 9  at the discretion of the court.

10         Section 60.  Section 112.41, Florida Statutes, is

11  amended to read:

12         112.41  Contents of order of suspension; Senate select

13  committee; special magistrate examiner.--

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

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

16  State Constitution, shall specify facts sufficient to advise

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

18  basis of the suspension.

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

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

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

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

23  the purpose of hearing the evidence and making its

24  recommendation to the Senate as to the removal or

25  reinstatement of the suspended officer.

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

27  committee, appoint a special examiner or a special magistrate

28  master to receive the evidence and make recommendations to the

29  Senate.

30         Section 61.  Section 112.43, Florida Statutes, is

31  amended to read:


                                  50

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



 1         112.43  Prosecution of suspension before Senate.--All

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

 3  special magistrate master, or examiner in accordance with

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

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

 6  Governor.  Should the Senate, or the select committee

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

 8  recommendations, desire private counsel, either the Senate or

 9  the select committee shall be entitled to employ its own

10  counsel for this purpose.  Nothing herein shall prevent the

11  Senate or its select committee from making its own

12  investigation and presenting such evidence as its

13  investigation may reveal.  The Governor may request the advice

14  of the Department of Legal Affairs relative to the suspension

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

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

17  select committee may request the Department of Legal Affairs

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

19  law or otherwise advise with the Senate or the select

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

21  required to prosecute before the Senate or the committee and

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

23  adviser only.

24         Section 62.  Section 112.47, Florida Statutes, is

25  amended to read:

26         112.47  Hearing before Senate select committee;

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

28  hearing before a select committee or special magistrate,

29  master, or examiner, and shall notify such suspended official

30  of the time and place of the hearing sufficiently in advance

31  thereof to afford such official an opportunity fully and


                                  51

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



 1  adequately to prepare such defenses as the official may be

 2  advised are necessary and proper, and all such defenses may be

 3  presented by the official or by the official's attorney.  In

 4  the furtherance of this provision the Senate shall adopt

 5  sufficient procedural rules to afford due process both to the

 6  Governor in the presentation of his or her evidence and to the

 7  suspended official, but in the absence of such adoption, this

 8  section shall afford a full and complete hearing, public in

 9  nature, as required by the State Constitution.  However,

10  nothing in this part shall prevent either the select committee

11  or the Senate from conducting portions of the hearing in

12  executive session if the Senate rules so provide.

13         Section 63.  Subsection (2) of section 162.03, Florida

14  Statutes, is amended to read:

15         162.03  Applicability.--

16         (2)  A charter county, a noncharter county, or a

17  municipality may, by ordinance, adopt an alternate code

18  enforcement system that which gives code enforcement boards or

19  special magistrates masters designated by the local governing

20  body, or both, the authority to hold hearings and assess fines

21  against violators of the respective county or municipal codes

22  and ordinances. A special magistrate master shall have the

23  same status as an enforcement board under this chapter.

24  References in this chapter to an enforcement board, except in

25  s. 162.05, shall include a special magistrate master if the

26  context permits.

27         Section 64.  Subsection (5) of section 162.06, Florida

28  Statutes, is amended to read:

29         162.06  Enforcement procedure.--

30         (5)  If the owner of property that which is subject to

31  an enforcement proceeding before an enforcement board, special


                                  52

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



 1  magistrate master, or court transfers ownership of such

 2  property between the time the initial pleading was served and

 3  the time of the hearing, such owner shall:

 4         (a)  Disclose, in writing, the existence and the nature

 5  of the proceeding to the prospective transferee.

 6         (b)  Deliver to the prospective transferee a copy of

 7  the pleadings, notices, and other materials relating to the

 8  code enforcement proceeding received by the transferor.

 9         (c)  Disclose, in writing, to the prospective

10  transferee that the new owner will be responsible for

11  compliance with the applicable code and with orders issued in

12  the code enforcement proceeding.

13         (d)  File a notice with the code enforcement official

14  of the transfer of the property, with the identity and address

15  of the new owner and copies of the disclosures made to the new

16  owner, within 5 days after the date of the transfer.

17  

18  A failure to make the disclosures described in paragraphs (a),

19  (b), and (c) before the transfer creates a rebuttable

20  presumption of fraud. If the property is transferred before

21  the hearing, the proceeding shall not be dismissed, but the

22  new owner shall be provided a reasonable period of time to

23  correct the violation before the hearing is held.

24         Section 65.  Paragraph (d) of subsection (2) of section

25  162.09, Florida Statutes, is amended to read:

26         162.09  Administrative fines; costs of repair; liens.--

27         (2)

28         (d)  A county or a municipality having a population

29  equal to or greater than 50,000 may adopt, by a vote of at

30  least a majority plus one of the entire governing body of the

31  county or municipality, an ordinance that gives code


                                  53

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



 1  enforcement boards or special magistrates masters, or both,

 2  authority to impose fines in excess of the limits set forth in

 3  paragraph (a).  Such fines shall not exceed $1,000 per day per

 4  violation for a first violation, $5,000 per day per violation

 5  for a repeat violation, and up to $15,000 per violation if the

 6  code enforcement board or special magistrate master finds the

 7  violation to be irreparable or irreversible in nature.  In

 8  addition to such fines, a code enforcement board or special

 9  magistrate master may impose additional fines to cover all

10  costs incurred by the local government in enforcing its codes

11  and all costs of repairs pursuant to subsection (1).  Any

12  ordinance imposing such fines shall include criteria to be

13  considered by the code enforcement board or special magistrate

14  master in determining the amount of the fines, including, but

15  not limited to, those factors set forth in paragraph (b).

16         Section 66.  Section 173.09, Florida Statutes, is

17  amended to read:

18         173.09  Judgment for complainant; special magistrate's

19  master's sale; complainant may purchase and later sell.--

20         (1)  Any such decree shall direct the special

21  magistrate master thereby appointed to sell the several

22  parcels of land separately to the highest and best bidder for

23  cash (or, at the option of complainant, to the extent of

24  special assessments included in such judgment, for bonds or

25  interest coupons issued by complainant), at public outcry at

26  the courthouse door of the county in which such suit is

27  pending, or at such point or place in the complainant

28  municipality as the court in such final decree may direct,

29  after having advertised such sale (which advertisement may

30  include all lands so ordered sold) once each week for 2

31  consecutive weeks in some newspaper published in the city or


                                  54

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



 1  town in which is the complainant is situated or, if there is

 2  no such newspaper, in a newspaper published in the county in

 3  which the suit is pending, and if all the lands so advertised

 4  for sale be not sold on the day specified in such

 5  advertisement, such sale shall be continued from day to day

 6  until the sale of all such land is completed.

 7         (2)  Such sales shall be subject to confirmation by the

 8  court, and the said special magistrate master shall, upon

 9  confirmation of the sale or sales, deliver to the purchaser or

10  purchasers at said sale a deed of conveyance of the property

11  so sold; provided, however, that in any case where any lands

12  are offered for sale by the special magistrate master and the

13  sum of the tax, tax certificates and special assessments,

14  interest, penalty, costs, and attorney's fee is not bid for

15  the same, the complainant may bid the whole amount due and the

16  special magistrate master shall thereupon convey such parcel

17  or parcels of land to the complainant.

18         (3)  The property so bid in by complainant shall become

19  its property in fee simple and may be disposed of by it in the

20  manner provided by law, except that in the sale or disposition

21  of any such lands the city or town may, in its discretion,

22  accept in payment or part payment therefor any bonds or

23  interest coupons constituting liabilities of said city or

24  town.

25         Section 67.  Section 173.10, Florida Statutes, is

26  amended to read:

27         173.10  Judgment for complainant; court may order

28  payment of other taxes or sale subject to taxes; special

29  magistrate's master's conveyances.--

30         (1)  In the judgment or decree the court may, in its

31  discretion, direct the payment of all unpaid state and county


                                  55

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



 1  taxes and also all unpaid city or town taxes and special

 2  assessments or installments thereof, imposed or falling due

 3  since the institution of the suit, with the penalties and

 4  costs, out of the proceeds of such foreclosure sale, or it may

 5  order and direct such sale or sales to be made subject to such

 6  state, and county, and city or town taxes and special

 7  assessments.

 8         (2)  Any and all conveyances by the special magistrate

 9  master shall vest in the purchaser the fee simple title to the

10  property so sold, subject only to such liens for state and

11  county taxes or taxing districts whose liens are of equal

12  dignity, and liens for municipal taxes and special

13  assessments, or installments thereof, as are not directed by

14  the decree of sale to be paid out of the proceeds of said

15  sale.

16         Section 68.  Section 173.11, Florida Statutes, is

17  amended to read:

18         173.11  Distribution of proceeds of sale.--The proceeds

19  of any foreclosure sale authorized by this chapter shall be

20  distributed by the special magistrate master conducting the

21  sale according to the final decree, and if any surplus remains

22  after the payment of the full amount of the decree, costs and

23  attorney's fees, and any subsequent tax liens that which may

24  be directed by such decree to be paid from the proceeds of

25  sale, such surplus shall be deposited with the clerk of the

26  court and disbursed under order of the court.

27         Section 69.  Section 173.12, Florida Statutes, is

28  amended to read:

29         173.12  Lands may be redeemed prior to sale.--Any

30  person interested in any lands included in the suit may redeem

31  such lands at any time prior to the sale thereof by the


                                  56

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



 1  special magistrate master by paying into the registry of the

 2  court the amount due for delinquent taxes, interest and

 3  penalties thereon, and such proportionate part of the expense,

 4  attorney's fees, and costs of suit as may have been fixed by

 5  the court in its decree of sale, or by written stipulation of

 6  complainant, and thereupon such lands shall be dismissed from

 7  the cause.

 8         Section 70.  Subsection (1) of section 194.013, Florida

 9  Statutes, is amended to read:

10         194.013  Filing fees for petitions; disposition;

11  waiver.--

12         (1)  If so required by resolution of the value

13  adjustment board, a petition filed pursuant to s. 194.011

14  shall be accompanied by a filing fee to be paid to the clerk

15  of the value adjustment board in an amount determined by the

16  board not to exceed $15 for each separate parcel of property,

17  real or personal, covered by the petition and subject to

18  appeal. However, no such filing fee may be required with

19  respect to an appeal from the disapproval of homestead

20  exemption under s. 196.151 or from the denial of tax deferral

21  under s. 197.253.  Only a single filing fee shall be charged

22  under this section as to any particular parcel of property

23  despite the existence of multiple issues and hearings

24  pertaining to such parcel.  For joint petitions filed pursuant

25  to s. 194.011(3)(e) or (f), a single filing fee shall be

26  charged. Such fee shall be calculated as the cost of the

27  special magistrate master for the time involved in hearing the

28  joint petition and shall not exceed $5 per parcel.  Said fee

29  is to be proportionately paid by affected parcel owners.

30  

31  


                                  57

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



 1         Section 71.  Paragraph (d) of subsection (1) and

 2  subsections (2) and (6) of section 194.034, Florida Statutes,

 3  are amended to read:

 4         194.034  Hearing procedures; rules.--

 5         (1)

 6         (d)  Notwithstanding the provisions of this subsection,

 7  no petitioner may present for consideration, nor may a board

 8  or special magistrate master accept for consideration,

 9  testimony or other evidentiary materials that were requested

10  of the petitioner in writing by the property appraiser of

11  which the petitioner had knowledge and denied to the property

12  appraiser.

13         (2)  In each case, except when a complaint is withdrawn

14  by the petitioner or is acknowledged as correct by the

15  property appraiser, the value adjustment board shall render a

16  written decision.  All such decisions shall be issued within

17  20 calendar days of the last day the board is in session under

18  s. 194.032.  The decision of the board shall contain findings

19  of fact and conclusions of law and shall include reasons for

20  upholding or overturning the determination of the property

21  appraiser.  When a special magistrate master has been

22  appointed, the recommendations of the special magistrate

23  master shall be considered by the board.  The clerk, upon

24  issuance of the decisions, shall, on a form provided by the

25  Department of Revenue, notify by first-class mail each

26  taxpayer, the property appraiser, and the department of the

27  decision of the board.

28         (6)  For purposes of hearing joint petitions filed

29  pursuant to s. 194.011(3)(e), each included parcel shall be

30  considered by the board as a separate petition.  Such separate

31  petitions shall be heard consecutively by the board.  If a


                                  58

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



 1  special magistrate master is appointed, such separate

 2  petitions shall all be assigned to the same special magistrate

 3  master.

 4         Section 72.  Section 194.035, Florida Statutes, is

 5  amended to read:

 6         194.035  Special magistrates masters; property

 7  evaluators.--

 8         (1)  In counties having a population of more than

 9  75,000, the board shall appoint special magistrates masters

10  for the purpose of taking testimony and making recommendations

11  to the board, which recommendations the board may act upon

12  without further hearing. These Such special magistrates

13  masters may not be elected or appointed officials or employees

14  of the county but shall be selected from a list of those

15  qualified individuals who are willing to serve as special

16  magistrates masters. Employees and elected or appointed

17  officials of a taxing jurisdiction or of the state may not

18  serve as special magistrates masters. The clerk of the board

19  shall annually notify such individuals or their professional

20  associations to make known to them that opportunities to serve

21  as special magistrates masters exist. The Department of

22  Revenue shall provide a list of qualified special magistrates

23  masters to any county with a population of 75,000 or less.

24  Subject to appropriation, the department shall reimburse

25  counties with a population of 75,000 or less for payments made

26  to special magistrates masters appointed for the purpose of

27  taking testimony and making recommendations to the value

28  adjustment board pursuant to this section. The department

29  shall establish a reasonable range for payments per case to

30  special magistrates masters based on such payments in other

31  counties. Requests for reimbursement of payments outside this


                                  59

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



 1  range shall be justified by the county. If the total of all

 2  requests for reimbursement in any year exceeds the amount

 3  available pursuant to this section, payments to all counties

 4  shall be prorated accordingly. A special magistrate master

 5  appointed to hear issues of exemptions and classifications

 6  shall be a member of The Florida Bar with no less than 5

 7  years' experience in the area of ad valorem taxation. A

 8  special magistrate master appointed to hear issues regarding

 9  the valuation of real estate shall be a state certified real

10  estate appraiser with not less than 5 years' experience in

11  real property valuation. A special magistrate master appointed

12  to hear issues regarding the valuation of tangible personal

13  property shall be a designated member of a nationally

14  recognized appraiser's organization with not less than 5

15  years' experience in tangible personal property valuation. A

16  special magistrate master need not be a resident of the county

17  in which he or she serves. A No special magistrate may not

18  master shall be permitted to represent a person before the

19  board in any tax year during which he or she has served that

20  board as a special magistrate master. The board shall appoint

21  special magistrates such masters from the list so compiled

22  prior to convening of the board. The expense of hearings

23  before magistrates masters and any compensation of special

24  magistrates masters shall be borne three-fifths by the board

25  of county commissioners and two-fifths by the school board.

26         (2)  The value adjustment board of each county may

27  employ qualified property appraisers or evaluators to appear

28  before the value adjustment board at that meeting of the board

29  which is held for the purpose of hearing complaints. Such

30  property appraisers or evaluators shall present testimony as

31  to the just value of any property the value of which is


                                  60

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



 1  contested before the board and shall submit to examination by

 2  the board, the taxpayer, and the property appraiser.

 3         Section 73.  Section 206.16, Florida Statutes, is

 4  amended to read:

 5         206.16  Officer selling property.--

 6         (1)  No sheriff, receiver, assignee, general or special

 7  magistrate master, or other officer shall sell the property or

 8  franchise of any person for failure to pay fuel taxes,

 9  penalties, or interest without first filing with the

10  department a statement containing the following information:

11         (a)  The name of the plaintiff or party at whose

12  instance or upon whose account the sale is made;

13         (b)  The name of the person whose property or franchise

14  is to be sold;

15         (c)  The time and place of sale; and

16         (d)  The nature of the property and the location of the

17  same.

18         (2)  The department, after receiving notice as

19  aforesaid, shall furnish to the sheriff, receiver, trustee,

20  assignee, general or special magistrate master, or other

21  officer having charge of the sale a certified copy or copies

22  of all fuel taxes, penalties, and interest on file in the

23  office of the department as liens against such person, and, in

24  the event there are no such liens, a certificate showing that

25  fact, which certified copies or copy of certificate shall be

26  publicly read by such officer at and immediately before the

27  sale of the property or franchise of such person.

28         Section 74.  Section 207.016, Florida Statutes, is

29  amended to read:

30         207.016  Officer's sale of property or franchise.--

31  


                                  61

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



 1         (1)  No sheriff, receiver, assignee, general or special

 2  magistrate master, or other officer shall sell the property or

 3  franchise of any person for failure to pay taxes, penalties,

 4  or interest without first filing with the department a

 5  statement containing the following information:

 6         (a)  The name of the plaintiff or party at whose

 7  instance or upon whose account the sale is made.

 8         (b)  The name of the person whose property or franchise

 9  is to be sold.

10         (c)  The time and place of sale.

11         (d)  The nature of the property and the location of the

12  same.

13         (2)  The department, after receiving notice as provided

14  in subsection (1), shall furnish to the sheriff, receiver,

15  trustee, assignee, general or special magistrate master, or

16  other officer having charge of the sale a certified copy or

17  copies of all taxes, penalties, and interest on file in the

18  office of the department as liens against such person and, in

19  the event there are no such liens, a certificate showing that

20  fact, which certified copy or copies of certificate shall be

21  publicly read by such officer at and immediately before the

22  sale of the property or franchise of such person.

23         Section 75.  Section 320.411, Florida Statutes, is

24  amended to read:

25         320.411  Officer's sale of property or franchise.--

26         (1)  No sheriff, receiver, assignee, general or special

27  magistrate master, or other officer shall sell the property or

28  franchise of any motor carrier for failure to pay taxes,

29  penalties, or interest without first filing with the

30  department a statement containing the following information:

31  


                                  62

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



 1         (a)  The name of the plaintiff or party at whose

 2  instance or upon whose account the sale is made.

 3         (b)  The name of the motor carrier whose property or

 4  franchise is to be sold.

 5         (c)  The time and place of sale.

 6         (d)  The nature of the property and the location of the

 7  same.

 8         (2)  The department, after receiving notice as provided

 9  in subsection (1), shall furnish to the sheriff, receiver,

10  trustee, assignee, general or special magistrate master, or

11  other officer having charge of the sale a certified copy of

12  all taxes, penalties, and interest on file in the office of

13  the department as liens against such motor carrier and, in the

14  event there are no such liens, a certificate showing that

15  fact, which certified copy or copies of certificate shall be

16  publicly read by such officer at and immediately before the

17  sale of the property or franchise of such motor carrier.

18         Section 76.  Subsection (7) of section 393.11, Florida

19  Statutes, is amended to read:

20         393.11  Involuntary admission to residential

21  services.--

22         (7)  HEARING.--

23         (a)  The hearing for involuntary admission shall be

24  conducted, and the order shall be entered, in the county in

25  which the person is residing or be as convenient to the person

26  as may be consistent with orderly procedure. The hearing shall

27  be conducted in a physical setting not likely to be injurious

28  to the person's condition.

29         (b)  A hearing on the petition shall be held as soon as

30  practicable after the petition is filed, but reasonable delay

31  


                                  63

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



 1  for the purpose of investigation, discovery, or procuring

 2  counsel or witnesses shall be granted.

 3         (c)  The court may appoint a general or special

 4  magistrate master to preside.  Except as otherwise specified,

 5  the magistrate's master's proceeding shall be governed by Rule

 6  1.490, Florida Rules of Civil Procedure.

 7         (d)  The person with mental retardation shall be

 8  physically present throughout the entire proceeding.  If the

 9  person's attorney believes that the person's presence at the

10  hearing is not in the person's best interest, the person's

11  presence may be waived once the court has seen the person and

12  the hearing has commenced.

13         (e)  The person shall have the right to present

14  evidence and to cross-examine all witnesses and other evidence

15  alleging the appropriateness of the person's admission to

16  residential care. Other relevant and material evidence

17  regarding the appropriateness of the person's admission to

18  residential services; the most appropriate, least restrictive

19  residential placement; and the appropriate care, treatment,

20  and habilitation of the person, including written or oral

21  reports, may be introduced at the hearing by any interested

22  person.

23         (f)  The petitioning commission may be represented by

24  counsel at the hearing.  The petitioning commission shall have

25  the right to call witnesses, present evidence, cross-examine

26  witnesses, and present argument on behalf of the petitioning

27  commission.

28         (g)  All evidence shall be presented according to

29  chapter 90.  The burden of proof shall be on the party

30  alleging the appropriateness of the person's admission to

31  


                                  64

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



 1  residential services. The burden of proof shall be by clear

 2  and convincing evidence.

 3         (h)  All stages of each proceeding shall be

 4  stenographically reported.

 5         Section 77.  Subsections (6) and (7) of section

 6  394.467, Florida Statutes, are amended to read:

 7         394.467  Involuntary placement.--

 8         (6)  HEARING ON INVOLUNTARY PLACEMENT.--

 9         (a)1.  The court shall hold the hearing on involuntary

10  placement within 5 days, unless a continuance is granted.  The

11  hearing shall be held in the county where the patient is

12  located and shall be as convenient to the patient as may be

13  consistent with orderly procedure and shall be conducted in

14  physical settings not likely to be injurious to the patient's

15  condition.  If the court finds that the patient's attendance

16  at the hearing is not consistent with the best interests of

17  the patient, and the patient's counsel does not object, the

18  court may waive the presence of the patient from all or any

19  portion of the hearing.  The state attorney for the circuit in

20  which the patient is located shall represent the state, rather

21  than the petitioning facility administrator, as the real party

22  in interest in the proceeding.

23         2.  The court may appoint a general or special

24  magistrate master to preside at the hearing. One of the

25  professionals who executed the involuntary placement

26  certificate shall be a witness.  The patient and the patient's

27  guardian or representative shall be informed by the court of

28  the right to an independent expert examination.  If the

29  patient cannot afford such an examination, the court shall

30  provide for one. The independent expert's report shall be

31  confidential and not discoverable, unless the expert is to be


                                  65

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



 1  called as a witness for the patient at the hearing. The

 2  testimony in the hearing must be given under oath, and the

 3  proceedings must be recorded. The patient may refuse to

 4  testify at the hearing.

 5         (b)  If the court concludes that the patient meets the

 6  criteria for involuntary placement, it shall order that the

 7  patient be transferred to a treatment facility or, if the

 8  patient is at a treatment facility, that the patient be

 9  retained there or be treated at any other appropriate

10  receiving or treatment facility, or that the patient receive

11  services from a receiving or treatment facility, on an

12  involuntary basis, for a period of up to 6 months. The order

13  shall specify the nature and extent of the patient's mental

14  illness. The facility shall discharge a patient any time the

15  patient no longer meets the criteria for involuntary

16  placement, unless the patient has transferred to voluntary

17  status.

18         (c)  If at any time prior to the conclusion of the

19  hearing on involuntary placement it appears to the court that

20  the person does not meet the criteria for involuntary

21  placement under this chapter, but instead meets the criteria

22  for involuntary assessment, protective custody, or involuntary

23  admission pursuant to s. 397.675, then the court may order the

24  person to be admitted for involuntary assessment for a period

25  of 5 days pursuant to s. 397.6811.  Thereafter, all

26  proceedings shall be governed by chapter 397.

27         (d)  At the hearing on involuntary placement, the court

28  shall consider testimony and evidence regarding the patient's

29  competence to consent to treatment.  If the court finds that

30  the patient is incompetent to consent to treatment, it shall

31  appoint a guardian advocate as provided in s. 394.4598.


                                  66

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



 1         (e)  The administrator of the receiving facility shall

 2  provide a copy of the court order and adequate documentation

 3  of a patient's mental illness to the administrator of a

 4  treatment facility whenever a patient is ordered for

 5  involuntary placement, whether by civil or criminal court.

 6  Such documentation shall include any advance directives made

 7  by the patient, a psychiatric evaluation of the patient, and

 8  any evaluations of the patient performed by a clinical

 9  psychologist or a clinical social worker. The administrator of

10  a treatment facility may refuse admission to any patient

11  directed to its facilities on an involuntary basis, whether by

12  civil or criminal court order, who is not accompanied at the

13  same time by adequate orders and documentation.

14         (7)  PROCEDURE FOR CONTINUED INVOLUNTARY PLACEMENT.--

15         (a)  Hearings on petitions for continued involuntary

16  placement shall be administrative hearings and shall be

17  conducted in accordance with the provisions of s. 120.57(1),

18  except that any order entered by the administrative law judge

19  hearing officer shall be final and subject to judicial review

20  in accordance with s. 120.68.  Orders concerning patients

21  committed after successfully pleading not guilty by reason of

22  insanity shall be governed by the provisions of s. 916.15.

23         (b)  If the patient continues to meet the criteria for

24  involuntary placement, the administrator shall, prior to the

25  expiration of the period during which the treatment facility

26  is authorized to retain the patient, file a petition

27  requesting authorization for continued involuntary placement.

28  The request shall be accompanied by a statement from the

29  patient's physician or clinical psychologist justifying the

30  request, a brief description of the patient's treatment during

31  the time he or she was involuntarily placed, and an


                                  67

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



 1  individualized plan of continued treatment.  Notice of the

 2  hearing shall be provided as set forth in s. 394.4599. If at

 3  the hearing the administrative law judge hearing officer finds

 4  that attendance at the hearing is not consistent with the best

 5  interests of the patient, the administrative law judge hearing

 6  officer may waive the presence of the patient from all or any

 7  portion of the hearing, unless the patient, through counsel,

 8  objects to the waiver of presence.  The testimony in the

 9  hearing must be under oath, and the proceedings must be

10  recorded.

11         (c)  Unless the patient is otherwise represented or is

12  ineligible, he or she shall be represented at the hearing on

13  the petition for continued involuntary placement by the public

14  defender of the circuit in which the facility is located.

15         (d)  If at a hearing it is shown that the patient

16  continues to meet the criteria for involuntary placement, the

17  administrative law judge shall sign the order for continued

18  involuntary placement for a period not to exceed 6 months.

19  The same procedure shall be repeated prior to the expiration

20  of each additional period the patient is retained.

21         (e)  If continued involuntary placement is necessary

22  for a patient admitted while serving a criminal sentence, but

23  whose sentence is about to expire, or for a patient

24  involuntarily placed while a minor but who is about to reach

25  the age of 18, the administrator shall petition the

26  administrative law judge for an order authorizing continued

27  involuntary placement.

28         (f)  If the patient has been previously found

29  incompetent to consent to treatment, the administrative law

30  judge hearing officer shall consider testimony and evidence

31  regarding the patient's competence.  If the administrative law


                                  68

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



 1  judge hearing officer finds evidence that the patient is now

 2  competent to consent to treatment, the administrative law

 3  judge hearing officer may issue a recommended order to the

 4  court that found the patient incompetent to consent to

 5  treatment that the patient's competence be restored and that

 6  any guardian advocate previously appointed be discharged.

 7         Section 78.  Subsection (7) of section 397.311, Florida

 8  Statutes, is amended to read:

 9         397.311  Definitions.--As used in this chapter, except

10  part VIII:

11         (7)  "Court" means, with respect to all involuntary

12  proceedings under this chapter, the circuit court of the

13  county in which the judicial proceeding is pending or where

14  the substance abuse impaired person resides or is located, and

15  includes any general or special magistrate master that may be

16  appointed by the chief judge to preside over all or part of

17  such proceeding. Otherwise, "court" refers to the court of

18  legal jurisdiction in the context in which the term is used in

19  this chapter.

20         Section 79.  Subsection (1) of section 397.681, Florida

21  Statutes, is amended to read:

22         397.681  Involuntary petitions; general provisions;

23  court jurisdiction and right to counsel.--

24         (1)  JURISDICTION.--The courts have jurisdiction of

25  involuntary assessment and stabilization petitions and

26  involuntary treatment petitions for substance abuse impaired

27  persons, and such petitions must be filed with the clerk of

28  the court in the county where the person is located.  The

29  chief judge may appoint a general or special magistrate master

30  to preside over all or part of the proceedings. The alleged

31  impaired person is named as the respondent.


                                  69

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



 1         Section 80.  Subsection (5) of section 447.207, Florida

 2  Statutes, is amended to read:

 3         447.207  Commission; powers and duties.--

 4         (5)  The commission shall adopt rules as to the

 5  qualifications of persons who may serve as mediators and

 6  special magistrates masters and shall maintain lists of such

 7  qualified persons who are not employees of the commission.

 8  The commission may initiate dispute resolution procedures by

 9  special magistrates masters, pursuant to the provisions of

10  this part.

11         Section 81.  Subsections (2), (3), and (4) of section

12  447.403, Florida Statutes, are amended to read:

13         447.403  Resolution of impasses.--

14         (2)(a)  If no mediator is appointed, or upon the

15  request of either party, the commission shall appoint, and

16  submit all unresolved issues to, a special magistrate master

17  acceptable to both parties. If the parties are unable to agree

18  on the appointment of a special magistrate master, the

19  commission shall appoint, in its discretion, a qualified

20  special magistrate master.  However, if the parties agree in

21  writing to waive the appointment of a special magistrate

22  master, the parties may proceed directly to resolution of the

23  impasse by the legislative body pursuant to paragraph (4)(d).

24  Nothing in this section precludes the parties from using the

25  services of a mediator at any time during the conduct of

26  collective bargaining.

27         (b)  If the Governor is the public employer, no special

28  magistrate master shall be appointed. The parties may proceed

29  directly to the Legislature for resolution of the impasse

30  pursuant to paragraph (4)(d).

31  


                                  70

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



 1         (3)  The special magistrate master shall hold hearings

 2  in order to define the area or areas of dispute, to determine

 3  facts relating to the dispute, and to render a decision on any

 4  and all unresolved contract issues.  The hearings shall be

 5  held at times, dates, and places to be established by the

 6  special magistrate master in accordance with rules promulgated

 7  by the commission.  The special magistrate master shall be

 8  empowered to administer oaths and issue subpoenas on behalf of

 9  the parties to the dispute or on his or her own behalf.

10  Within 15 calendar days after the close of the final hearing,

11  the special magistrate master shall transmit his or her

12  recommended decision to the commission and to the

13  representatives of both parties by registered mail, return

14  receipt requested.  Such recommended decision shall be

15  discussed by the parties, and each recommendation of the

16  special magistrate master shall be deemed approved by both

17  parties unless specifically rejected by either party by

18  written notice filed with the commission within 20 calendar

19  days after the date the party received the special

20  magistrate's master's recommended decision.  The written

21  notice shall include a statement of the cause for each

22  rejection and shall be served upon the other party.

23         (4)  If either the public employer or the employee

24  organization does not accept, in whole or in part, the

25  recommended decision of the special magistrate master:

26         (a)  The chief executive officer of the governmental

27  entity involved shall, within 10 days after rejection of a

28  recommendation of the special magistrate master, submit to the

29  legislative body of the governmental entity involved a copy of

30  the findings of fact and recommended decision of the special

31  magistrate master, together with the chief executive officer's


                                  71

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



 1  recommendations for settling the disputed impasse issues.  The

 2  chief executive officer shall also transmit his or her

 3  recommendations to the employee organization;

 4         (b)  The employee organization shall submit its

 5  recommendations for settling the disputed impasse issues to

 6  such legislative body and to the chief executive officer;

 7         (c)  The legislative body or a duly authorized

 8  committee thereof shall forthwith conduct a public hearing at

 9  which the parties shall be required to explain their positions

10  with respect to the rejected recommendations of the special

11  magistrate master;

12         (d)  Thereafter, the legislative body shall take such

13  action as it deems to be in the public interest, including the

14  interest of the public employees involved, to resolve all

15  disputed impasse issues; and

16         (e)  Following the resolution of the disputed impasse

17  issues by the legislative body, the parties shall reduce to

18  writing an agreement which includes those issues agreed to by

19  the parties and those disputed impasse issues resolved by the

20  legislative body's action taken pursuant to paragraph (d). The

21  agreement shall be signed by the chief executive officer and

22  the bargaining agent and shall be submitted to the public

23  employer and to the public employees who are members of the

24  bargaining unit for ratification. If such agreement is not

25  ratified by all parties, pursuant to the provisions of s.

26  447.309, the legislative body's action taken pursuant to the

27  provisions of paragraph (d) shall take effect as of the date

28  of such legislative body's action for the remainder of the

29  first fiscal year which was the subject of negotiations;

30  however, the legislative body's action shall not take effect

31  with respect to those disputed impasse issues which establish


                                  72

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



 1  the language of contractual provisions which could have no

 2  effect in the absence of a ratified agreement, including, but

 3  not limited to, preambles, recognition clauses, and duration

 4  clauses.

 5         Section 82.  Section 447.405, Florida Statutes, is

 6  amended to read:

 7         447.405  Factors to be considered by the special

 8  magistrate master.--The special magistrate master shall

 9  conduct the hearings and render recommended decisions with the

10  objective of achieving a prompt, peaceful, and just settlement

11  of disputes between the public employee organizations and the

12  public employers.  The factors, among others, to be given

13  weight by the special magistrate master in arriving at a

14  recommended decision shall include:

15         (1)  Comparison of the annual income of employment of

16  the public employees in question with the annual income of

17  employment maintained for the same or similar work of

18  employees exhibiting like or similar skills under the same or

19  similar working conditions in the local operating area

20  involved.

21         (2)  Comparison of the annual income of employment of

22  the public employees in question with the annual income of

23  employment of public employees in similar public employee

24  governmental bodies of comparable size within the state.

25         (3)  The interest and welfare of the public.

26         (4)  Comparison of peculiarities of employment in

27  regard to other trades or professions, specifically with

28  respect to:

29         (a)  Hazards of employment.

30         (b)  Physical qualifications.

31         (c)  Educational qualifications.


                                  73

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



 1         (d)  Intellectual qualifications.

 2         (e)  Job training and skills.

 3         (f)  Retirement plans.

 4         (g)  Sick leave.

 5         (h)  Job security.

 6         (5)  Availability of funds.

 7         Section 83.  Section 447.407, Florida Statutes, is

 8  amended to read:

 9         447.407  Compensation of mediator and special

10  magistrate master; expenses.--The compensation of the mediator

11  and special magistrate master, and all stenographic and other

12  expenses, shall be borne equally by the parties.

13         Section 84.  Section 447.409, Florida Statutes, is

14  amended to read:

15         447.409  Records.--All records that which are relevant

16  to, or have a bearing upon, any issue or issues raised by the

17  proceedings conducted by the special magistrate master shall

18  be made available to the special magistrate master by a

19  request in writing to any of the parties to the impasse

20  proceedings.  Notice of such request must shall be furnished

21  to all parties.  Any such records that which are made

22  available to the special magistrate must master shall also be

23  made available to any other party to the impasse proceedings,

24  upon written request.

25         Section 85.  Subsection (1) of section 475.011, Florida

26  Statutes, is amended to read:

27         475.011  Exemptions.--This part does not apply to:

28         (1)  Any person acting as an attorney in fact for the

29  purpose of the execution of contracts or conveyances only; as

30  an attorney at law within the scope of her or his duties as

31  such; as a certified public accountant, as defined in chapter


                                  74

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



 1  473, within the scope of her or his duties as such; as the

 2  personal representative, receiver, trustee, or general or

 3  special magistrate master under, or by virtue of, an

 4  appointment by will or by order of a court of competent

 5  jurisdiction; or as trustee under a deed of trust, or under a

 6  trust agreement, the ultimate purpose and intent whereof is

 7  charitable, is philanthropic, or provides for those having a

 8  natural right to the bounty of the donor or trustor.

 9         Section 86.  Paragraphs (d), (f), (g), (h), and (j) of

10  subsection (5) of section 489.127, Florida Statutes, are

11  amended to read:

12         489.127  Prohibitions; penalties.--

13         (5)  Each county or municipality may, at its option,

14  designate one or more of its code enforcement officers, as

15  defined in chapter 162, to enforce, as set out in this

16  subsection, the provisions of subsection (1) and s. 489.132(1)

17  against persons who engage in activity for which a county or

18  municipal certificate of competency or license or state

19  certification or registration is required.

20         (d)  The act for which the citation is issued shall be

21  ceased upon receipt of the citation; and the person charged

22  with the violation shall elect either to correct the violation

23  and pay the civil penalty in the manner indicated on the

24  citation or, within 10 days of receipt of the citation,

25  exclusive of weekends and legal holidays, request an

26  administrative hearing before the enforcement or licensing

27  board or designated special magistrate master to appeal the

28  issuance of the citation by the code enforcement officer.

29         1.  Hearings shall be held before an enforcement or

30  licensing board or designated special magistrate master as

31  established by s. 162.03(2), and such hearings shall be


                                  75

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



 1  conducted pursuant to the requirements of ss. 162.07 and

 2  162.08.

 3         2.  Failure of a violator to appeal the decision of the

 4  code enforcement officer within the time period set forth in

 5  this paragraph shall constitute a waiver of the violator's

 6  right to an administrative hearing.  A waiver of the right to

 7  an administrative hearing shall be deemed an admission of the

 8  violation, and penalties may be imposed accordingly.

 9         3.  If the person issued the citation, or his or her

10  designated representative, shows that the citation is invalid

11  or that the violation has been corrected prior to appearing

12  before the enforcement or licensing board or designated

13  special magistrate master, the enforcement or licensing board

14  or designated special magistrate master may dismiss the

15  citation unless the violation is irreparable or irreversible.

16         4.  Each day a willful, knowing violation continues

17  shall constitute a separate offense under the provisions of

18  this subsection.

19         (f)  If the enforcement or licensing board or

20  designated special magistrate master finds that a violation

21  exists, the enforcement or licensing board or designated

22  special magistrate master may order the violator to pay a

23  civil penalty of not less than the amount set forth on the

24  citation but not more than $1,000 per day for each violation.

25  In determining the amount of the penalty, the enforcement or

26  licensing board or designated special magistrate master shall

27  consider the following factors:

28         1.  The gravity of the violation.

29         2.  Any actions taken by the violator to correct the

30  violation.

31         3.  Any previous violations committed by the violator.


                                  76

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



 1         (g)  Upon written notification by the code enforcement

 2  officer that a violator had not contested the citation or paid

 3  the civil penalty within the timeframe allowed on the

 4  citation, or if a violation has not been corrected within the

 5  timeframe set forth on the notice of violation, the

 6  enforcement or licensing board or the designated special

 7  magistrate master shall enter an order ordering the violator

 8  to pay the civil penalty set forth on the citation or notice

 9  of violation, and a hearing shall not be necessary for the

10  issuance of such order.

11         (h)  A certified copy of an order imposing a civil

12  penalty against an uncertified contractor may be recorded in

13  the public records and thereafter shall constitute a lien

14  against any real or personal property owned by the violator.

15  Upon petition to the circuit court, such order may be enforced

16  in the same manner as a court judgment by the sheriffs of this

17  state, including a levy against personal property; however,

18  such order shall not be deemed to be a court judgment except

19  for enforcement purposes.  A civil penalty imposed pursuant to

20  this part shall continue to accrue until the violator comes

21  into compliance or until judgment is rendered in a suit to

22  foreclose on a lien filed pursuant to this subsection,

23  whichever occurs first.  After 3 months from the filing of any

24  such lien which remains unpaid, the enforcement board or

25  licensing board or designated special magistrate master may

26  authorize the local governing body's attorney to foreclose on

27  the lien. No lien created pursuant to the provisions of this

28  part may be foreclosed on real property which is a homestead

29  under s. 4, Art. X of the State Constitution.

30         (j)  An aggrieved party, including the local governing

31  body, may appeal a final administrative order of an


                                  77

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



 1  enforcement board or licensing board or designated special

 2  magistrate master to the circuit court.  Such an appeal shall

 3  not be a hearing de novo but shall be limited to appellate

 4  review of the record created before the enforcement board or

 5  licensing board or designated special magistrate master. An

 6  appeal shall be filed within 30 days of the execution of the

 7  order to be appealed.

 8         Section 87.  Paragraphs (d), (f), (g), (h), and (j) of

 9  subsection (4) of section 489.531, Florida Statutes, are

10  amended to read:

11         489.531  Prohibitions; penalties.--

12         (4)

13         (d)  The act for which the citation is issued shall be

14  ceased upon receipt of the citation; and the person charged

15  with the violation shall elect either to correct the violation

16  and pay the civil penalty in the manner indicated on the

17  citation or, within 10 days of receipt of the citation,

18  exclusive of weekends and legal holidays, request an

19  administrative hearing before the enforcement or licensing

20  board or designated special magistrate master to appeal the

21  issuance of the citation by the code enforcement officer.

22         1.  Hearings shall be held before an enforcement or

23  licensing board or designated special magistrate master as

24  established by s. 162.03(2) and such hearings shall be

25  conducted pursuant to ss. 162.07 and 162.08.

26         2.  Failure of a violator to appeal the decision of the

27  code enforcement officer within the time period set forth in

28  this paragraph shall constitute a waiver of the violator's

29  right to an administrative hearing.  A waiver of the right to

30  administrative hearing shall be deemed an admission of the

31  violation and penalties may be imposed accordingly.


                                  78

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



 1         3.  If the person issued the citation, or his or her

 2  designated representative, shows that the citation is invalid

 3  or that the violation has been corrected prior to appearing

 4  before the enforcement or licensing board or designated

 5  special magistrate master, the enforcement or licensing board

 6  or designated special magistrate master shall dismiss the

 7  citation unless the violation is irreparable or irreversible.

 8         4.  Each day a willful, knowing violation continues

 9  shall constitute a separate offense under the provisions of

10  this subsection.

11         (f)  If the enforcement or licensing board or

12  designated special magistrate master finds that a violation

13  exists, the enforcement or licensing board or designated

14  special magistrate master may order the violator to pay a

15  civil penalty of not less than the amount set forth on the

16  citation but not more than $500 per day for each violation.

17  In determining the amount of the penalty, the enforcement or

18  licensing board or designated special magistrate master shall

19  consider the following factors:

20         1.  The gravity of the violation.

21         2.  Any actions taken by the violator to correct the

22  violation.

23         3.  Any previous violations committed by the violator.

24         (g)  Upon written notification by the code enforcement

25  officer that a violator had not contested the citation or paid

26  the civil penalty within the timeframe allowed on the

27  citation, or if a violation has not been corrected within the

28  timeframe set forth on the notice of violation, the

29  enforcement or licensing board or the designated special

30  magistrate master shall enter an order ordering the violator

31  to pay the civil penalty set forth on the citation or notice


                                  79

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



 1  of violation, and a hearing shall not be necessary for the

 2  issuance of such order.

 3         (h)  A certified copy of an order imposing a civil

 4  penalty against an uncertified contractor may be recorded in

 5  the public records and thereafter shall constitute a lien

 6  against any real or personal property owned by the violator.

 7  Upon petition to the circuit court, such order may be enforced

 8  in the same manner as a court judgment by the sheriffs of this

 9  state, including a levy against personal property; however,

10  such order shall not be deemed to be a court judgment except

11  for enforcement purposes.  A civil penalty imposed pursuant to

12  this part shall continue to accrue until the violator comes

13  into compliance or until judgment is rendered in a suit to

14  foreclose on a lien filed pursuant to this section, whichever

15  occurs first.  After 3 months from the filing of any such lien

16  which remains unpaid, the enforcement or licensing board or

17  designated special magistrate master may authorize the local

18  governing body's attorney to foreclose on the lien.  No lien

19  created pursuant to the provisions of this part may be

20  foreclosed on real property which is a homestead under s. 4,

21  Art. X of the State Constitution.

22         (j)  An aggrieved party, including the local governing

23  body, may appeal a final administrative order of an

24  enforcement or licensing board or special designated special

25  magistrate master to the circuit court. Such an appeal shall

26  not be a hearing de novo but shall be limited to appellate

27  review of the record created before the enforcement or

28  licensing board or designated special magistrate master.  An

29  appeal shall be filed within 30 days of the execution of the

30  order to be appealed.

31  


                                  80

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



 1         Section 88.  Subsection (1) of section 496.420, Florida

 2  Statutes, is amended to read:

 3         496.420  Civil remedies and enforcement.--

 4         (1)  In addition to other remedies authorized by law,

 5  the department may bring a civil action in circuit court to

 6  enforce ss. 496.401-496.424 or s. 496.426. Upon a finding that

 7  any person has violated any of these sections, a court may

 8  make any necessary order or enter a judgment including, but

 9  not limited to, a temporary or permanent injunction, a

10  declaratory judgment, the appointment of a general or special

11  magistrate master or receiver, the sequestration of assets,

12  the reimbursement of persons from whom contributions have been

13  unlawfully solicited, the distribution of contributions in

14  accordance with the charitable or sponsor purpose expressed in

15  the registration statement or in accordance with the

16  representations made to the person solicited, the

17  reimbursement of the department for investigative costs,

18  attorney's fees and costs, and any other equitable relief the

19  court finds appropriate. Upon a finding that any person has

20  violated any provision of ss. 496.401-496.424 or s. 496.426

21  with actual knowledge or knowledge fairly implied on the basis

22  of objective circumstances, a court may enter an order

23  imposing a civil penalty in an amount not to exceed $10,000

24  per violation.

25         Section 89.  Subsection (3) of section 501.207, Florida

26  Statutes, is amended to read:

27         501.207  Remedies of enforcing authority.--

28         (3)  Upon motion of the enforcing authority or any

29  interested party in any action brought under subsection (1),

30  the court may make appropriate orders, including, but not

31  limited to, appointment of a general or special magistrate


                                  81

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



 1  master or receiver or sequestration or freezing of assets, to

 2  reimburse consumers or governmental entities found to have

 3  been damaged; to carry out a transaction in accordance with

 4  the reasonable expectations of consumers or governmental

 5  entities; to strike or limit the application of clauses of

 6  contracts to avoid an unconscionable result; to order any

 7  defendant to divest herself or himself of any interest in any

 8  enterprise, including real estate; to impose reasonable

 9  restrictions upon the future activities of any defendant to

10  impede her or him from engaging in or establishing the same

11  type of endeavor; to order the dissolution or reorganization

12  of any enterprise; or to grant legal, equitable, or other

13  appropriate relief.  The court may assess the expenses of a

14  general or special magistrate master or receiver against a

15  person who has violated, is violating, or is otherwise likely

16  to violate this part.  Any injunctive order, whether temporary

17  or permanent, issued by the court shall be effective

18  throughout the state unless otherwise provided in the order.

19         Section 90.  Section 501.618, Florida Statutes, is

20  amended to read:

21         501.618  General civil remedies.--The department may

22  bring:

23         (1)  An action to obtain a declaratory judgment that an

24  act or practice violates the provisions of this part.

25         (2)  An action to enjoin a person who has violated, is

26  violating, or is otherwise likely to violate the provisions of

27  this part.

28         (3)  An action on behalf of one or more purchasers for

29  the actual damages caused by an act or practice performed in

30  violation of the provisions of this part. Such an action may

31  include, but is not limited to, an action to recover against a


                                  82

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



 1  bond, letter of credit, or certificate of deposit as otherwise

 2  provided in this part.

 3  

 4  Upon motion of the enforcing authority in any action brought

 5  under this section, the court may make appropriate orders,

 6  including appointment of a general or special magistrate

 7  master or receiver or sequestration of assets, to reimburse

 8  consumers found to have been damaged, to carry out a consumer

 9  transaction in accordance with the consumer's reasonable

10  expectations, or to grant other appropriate relief.  The court

11  may assess the expenses of a general or special magistrate

12  master or receiver against a commercial telephone seller.  Any

13  injunctive order, whether temporary or permanent, issued by

14  the court shall be effective throughout the state unless

15  otherwise provided in the order.

16         Section 91.  Subsection (6) of section 559.936, Florida

17  Statutes, is amended to read:

18         559.936  Civil penalties; remedies.--

19         (6)  Upon motion of the department in any action

20  brought under this part, the court may make appropriate

21  orders, including appointment of a general or special

22  magistrate master or receiver or sequestration of assets, to

23  reimburse consumers found to have been damaged, to carry out a

24  consumer transaction in accordance with the consumer's

25  reasonable expectations, or to grant other appropriate relief.

26         Section 92.  Subsection (1) of section 582.23, Florida

27  Statutes, is amended to read:

28         582.23  Performance of work under the regulations by

29  the supervisors.--

30         (1)  The supervisors may go upon any lands within the

31  district to determine whether land use regulations adopted are


                                  83

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



 1  being observed.  Where the supervisors of any district shall

 2  find that any of the provisions of land use regulations

 3  adopted are not being observed on particular lands, and that

 4  such nonobservance tends to increase erosion on such lands and

 5  is interfering with the prevention or control of erosion on

 6  other lands within the district, the supervisors may present

 7  to the circuit court for the county or counties within which

 8  the lands of the defendant may lie, a petition, duly verified,

 9  setting forth the adoption of the land use regulations, the

10  failure of the defendant landowner or occupier to observe such

11  regulations, and to perform particular work, operations, or

12  avoidances as required thereby, and that such nonobservance

13  tends to increase erosion on such lands and is interfering

14  with the prevention or control of erosion on other lands

15  within the district, and praying the court to require the

16  defendant to perform the work, operations, or avoidances

17  within a reasonable time and to order that if the defendant

18  shall fail so to perform the supervisors may go on the land,

19  perform the work or other operations or otherwise bring the

20  condition of such lands into conformity with the requirements

21  of such regulations, and recover the costs and expenses

22  thereof, with interest, from the owner of such land.  Upon the

23  presentation of such petition the court shall cause process to

24  be issued against the defendant, and shall hear the case.  If

25  it shall appear to the court that testimony is necessary for

26  the proper disposition of the matter, it may take evidence or

27  appoint a special magistrate master to take such evidence as

28  it may direct and report the same to the court within her or

29  his findings of fact and conclusions of law, which shall

30  constitute a part of the proceedings upon which the

31  determination of the court shall be made.


                                  84

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



 1         Section 93.  Subsection (2) of section 631.182, Florida

 2  Statutes, is amended to read:

 3         631.182  Receiver claims report and claimants

 4  objections procedure.--

 5         (2)  At the hearing, any interested person is entitled

 6  to appear. The hearing shall not be de novo but shall be

 7  limited to the record as described in s. 631.181(2). The court

 8  shall enter an order allowing, allowing in part, or

 9  disallowing the claim.  Any such order is deemed to be an

10  appealable order. In the interests of judicial economy, the

11  court may appoint a special magistrate master to resolve

12  objections or to perform any particular service required by

13  the court. This subsection shall apply to receivership

14  proceedings commencing prior to, or subsequent to, July 1,

15  1997.

16         Section 94.  Subsections (3) and (4) of section

17  631.331, Florida Statutes, are amended to read:

18         631.331  Assessment prima facie correct; notice;

19  payment; proceeding to collect.--

20         (3)  If any such member or subscriber fails to pay the

21  assessment within the period specified in the notice, which

22  period shall not be less than 20 days after mailing, the

23  department may obtain an order in the delinquency proceeding

24  requiring the member or subscriber to show cause at a time and

25  place fixed by the court why judgment should not be entered

26  against such member or subscriber for the amount of the

27  assessment, together with all costs., and A copy of the order

28  and a copy of the petition therefor shall be served upon the

29  member or subscriber within the time and in the manner

30  designated in the order.

31  


                                  85

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



 1         (4)  If the subscriber or member after due service of a

 2  copy of the order and petition referred to in subsection (3)

 3  is made upon her or him:

 4         (a)  Fails to appear at the time and place specified in

 5  the order, judgment shall be entered against her or him as

 6  prayed for in the petition; or

 7         (b)  Appears in the manner and form required by law in

 8  response to the order, the court shall hear and determine the

 9  matter and enter a judgment in accordance with its decision.

10  In the interests of judicial economy, the court may appoint a

11  special magistrate master to resolve objections or to perform

12  any particular service required by the court. This paragraph

13  shall apply to receivership proceedings commencing prior to,

14  or subsequent to, July 1, 1997.

15         Section 95.  Subsection (2) of section 633.052, Florida

16  Statutes, is amended to read:

17         633.052  Ordinances relating to firesafety;

18  definitions; penalties.--

19         (2)  A county or municipality that which has created a

20  code enforcement board or special magistrate master system

21  pursuant to chapter 162 may enforce firesafety code violations

22  as provided in chapter 162. The governing body of a county or

23  municipality which has not created a code enforcement board or

24  special magistrate master system for firesafety under chapter

25  162 is authorized to enact ordinances relating to firesafety

26  codes, which ordinances shall provide:

27         (a)  That a violation of such an ordinance is a civil

28  infraction.

29         (b)  A maximum civil penalty not to exceed $500.

30  

31  


                                  86

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



 1         (c)  A civil penalty of less than the maximum civil

 2  penalty if the person who has committed the civil infraction

 3  does not contest the citation.

 4         (d)  For the issuance of a citation by an officer who

 5  has probable cause to believe that a person has committed a

 6  violation of an ordinance relating to firesafety.

 7         (e)  For the contesting of a citation in the county

 8  court.

 9         (f)  Such procedures and provisions necessary to

10  implement any ordinances enacted under the authority of this

11  section.

12         Section 96.  Subsection (2) of section 744.369, Florida

13  Statutes, is amended to read:

14         744.369  Judicial review of guardianship reports.--

15         (2)  The court may appoint general or special

16  magistrate masters to assist the court in its review function.

17  The court may require the general or special magistrate master

18  to conduct random field audits.

19         Section 97.  Subsection (11) of section 760.11, Florida

20  Statutes, is amended to read:

21         760.11  Administrative and civil remedies;

22  construction.--

23         (11)  If a complaint is within the jurisdiction of the

24  commission, the commission shall simultaneously with its other

25  statutory obligations attempt to eliminate or correct the

26  alleged discrimination by informal methods of conference,

27  conciliation, and persuasion.  Nothing said or done in the

28  course of such informal endeavors may be made public or used

29  as evidence in a subsequent civil proceeding, trial, or

30  hearing.  The commission may initiate dispute resolution

31  procedures, including voluntary arbitration, by special


                                  87

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



 1  magistrates masters or mediators.  The commission may adopt

 2  rules as to the qualifications of persons who may serve as

 3  special magistrates masters and mediators.

 4         Section 98.  Subsection (1) of section 837.011, Florida

 5  Statutes, is amended to read:

 6         837.011  Definitions.--In this chapter, unless a

 7  different meaning plainly is required:

 8         (1)  "Official proceeding" means a proceeding heard, or

 9  which may be or is required to be heard, before any

10  legislative, judicial, administrative, or other governmental

11  agency or official authorized to take evidence under oath,

12  including any referee, general or special magistrate master in

13  chancery, administrative law judge, hearing officer, hearing

14  examiner, commissioner, notary, or other person taking

15  testimony or a deposition in connection with any such

16  proceeding.

17         Section 99.  Subsection (6) of section 838.014, Florida

18  Statutes, is amended to read:

19         838.014  Definitions.--As used in this chapter, the

20  term:

21         (6)  "Public servant" means:

22         (a)  Any officer or employee of a state, county,

23  municipal, or special district agency or entity;

24         (b)  Any legislative or judicial officer or employee;

25         (c)  Any person, except a witness, who acts as a

26  general or special magistrate master, receiver, auditor,

27  arbitrator, umpire, referee, consultant, or hearing officer

28  while performing a governmental function; or

29         (d)  A candidate for election or appointment to any of

30  the positions listed in this subsection, or an individual who

31  


                                  88

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



 1  has been elected to, but has yet to officially assume the

 2  responsibilities of, public office.

 3         Section 100.  Section 839.17, Florida Statutes, is

 4  amended to read:

 5         839.17  Misappropriation of moneys by commissioners to

 6  make sales.--Any commissioner or general or special magistrate

 7  master in chancery, having received the purchase money or the

 8  securities resulting from any of the sales authorized by law,

 9  who shall fail to deliver such moneys and securities, or

10  either of them, to the executor or administrator, or the

11  person entitled to receive the same, upon the order of the

12  court, unless she or he is rendered unable to do so by some

13  cause not attributable to her or his own default or neglect,

14  shall be fined in a sum equal to the amount received from the

15  purchaser, and commits shall be guilty of a felony of the

16  second degree, punishable as provided in s. 775.082, s.

17  775.083, or s. 775.084.

18         Section 101.  Paragraph (a) of subsection (3) of

19  section 916.107, Florida Statutes, is amended to read:

20         916.107  Rights of forensic clients.--

21         (3)  RIGHT TO EXPRESS AND INFORMED CONSENT.--

22         (a)  A client committed to the department pursuant to

23  this act shall be asked to give express and informed written

24  consent for treatment.  If a client in a forensic facility

25  refuses such treatment as is deemed necessary by the client's

26  multidisciplinary treatment team at the forensic facility for

27  the appropriate care of the client and the safety of the

28  client or others, such treatment may be provided under the

29  following circumstances:

30         1.  In an emergency situation in which there is

31  immediate danger to the safety of the client or others, such


                                  89

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



 1  treatment may be provided upon the written order of a

 2  physician for a period not to exceed 48 hours, excluding

 3  weekends and legal holidays.  If, after the 48-hour period,

 4  the client has not given express and informed consent to the

 5  treatment initially refused, the administrator or designee of

 6  the forensic facility shall, within 48 hours, excluding

 7  weekends and legal holidays, petition the committing court or

 8  the circuit court serving the county in which the facility is

 9  located, at the option of the facility administrator or

10  designee, for an order authorizing the continued treatment of

11  the client.  In the interim, treatment may be continued

12  without the consent of the client upon the continued written

13  order of a physician who has determined that the emergency

14  situation continues to present a danger to the safety of the

15  client or others.

16         2.  In a situation other than an emergency situation,

17  the administrator or designee of the forensic facility shall

18  petition the court for an order authorizing the treatment to

19  the client.  The order shall allow such treatment for a period

20  not to exceed 90 days from the date of the entry of the order.

21  Unless the court is notified in writing that the client has

22  provided express and informed consent in writing or that the

23  client has been discharged by the committing court, the

24  administrator or designee shall, prior to the expiration of

25  the initial 90-day order, petition the court for an order

26  authorizing the continuation of treatment for another 90-day

27  period.  This procedure shall be repeated until the client

28  provides consent or is discharged by the committing court.

29         3.  At the hearing on the issue of whether the court

30  should enter an order authorizing treatment for which a client

31  has refused to give express and informed consent, the court


                                  90

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



 1  shall determine by clear and convincing evidence that the

 2  client is mentally ill, retarded, or autistic as defined in

 3  this chapter, that the treatment not consented to is essential

 4  to the care of the client, and that the treatment not

 5  consented to is not experimental and does not present an

 6  unreasonable risk of serious, hazardous, or irreversible side

 7  effects.  In arriving at the substitute judgment decision, the

 8  court must consider at least the following factors:

 9         a.  The client's expressed preference regarding

10  treatment;

11         b.  The probability of adverse side effects;

12         c.  The prognosis without treatment; and

13         d.  The prognosis with treatment.

14  

15  The hearing shall be as convenient to the client as may be

16  consistent with orderly procedure and shall be conducted in

17  physical settings not likely to be injurious to the client's

18  condition. The court may appoint a general or special

19  magistrate master to preside at the hearing. The client or the

20  client's guardian, and the representative, shall be provided

21  with a copy of the petition and the date, time, and location

22  of the hearing. The client has the right to have an attorney

23  represent him or her at the hearing, and, if the client is

24  indigent, the court shall appoint the office of the public

25  defender to represent the client at the hearing.  The client

26  may testify or not, as he or she chooses, and has the right to

27  cross-examine witnesses and may present his or her own

28  witnesses.

29         Section 102.  Subsection (11) of section 938.30,

30  Florida Statutes, is amended to read:

31  


                                  91

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



 1         938.30  Financial obligations in criminal cases;

 2  supplementary proceedings.--

 3         (11)  The court may refer any proceeding under this

 4  section to a special magistrate master who shall report

 5  findings and make recommendations to the court. The court

 6  shall act on such recommendations within a reasonable amount

 7  of time.

 8         Section 103.  Subsection (3) of section 945.43, Florida

 9  Statutes, is amended to read:

10         945.43  Admission of inmate to mental health treatment

11  facility.--

12         (3)  PROCEDURE FOR HEARING ON TRANSFER OF AN INMATE FOR

13  MENTAL HEALTH TREATMENT.--If the inmate does not waive a

14  hearing or if the inmate or the inmate's representative files

15  a petition for a hearing after having waived it, the court

16  shall serve notice on the warden of the facility where the

17  inmate is confined, the director, and the allegedly mentally

18  ill inmate. The notice shall specify the date, time, and place

19  of the hearing; the basis for the allegation of mental

20  illness; and the names of the examining experts. The hearing

21  shall be held within 5 days, and the court may appoint a

22  general or special magistrate master to preside.  The hearing

23  may be as informal as is consistent with orderly procedure.

24  One of the experts whose opinion supported the recommendation

25  shall be present at the hearing for information purposes.  If,

26  at the hearing, the court finds that the inmate is mentally

27  ill and in need of care and treatment, it shall order that he

28  or she be transferred to a mental health treatment facility

29  and provided appropriate treatment.  The court shall provide a

30  copy of its order authorizing transfer and all supporting

31  documentation relating to the inmate's condition to the warden


                                  92

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




    ENROLLED

    2004 Legislature                          CS for CS for SB 192



 1  of the treatment facility.  If the court finds that the inmate

 2  is not mentally ill, it shall dismiss the petition for

 3  transfer.

 4         Section 104.  This act shall take effect October 1,

 5  2004.

 6  

 7  

 8  

 9  

10  

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  


                                  93

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