October 27, 2020
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       Florida Senate - 2010                             CS for SB 1400
       
       
       
       By the Committee on Criminal and Civil Justice Appropriations;
       and Senator Crist
       
       
       
       604-03193-10                                          20101400c1
    1                        A bill to be entitled                      
    2         An act relating to the state judicial system; amending
    3         s. 25.241, F.S.; requiring that $50 from the Supreme
    4         Court filing fee be deposited into the State Courts
    5         Revenue Trust Fund; amending s. 25.3844, F.S.;
    6         renaming the Operating Trust Fund in the state courts
    7         system as the “Administrative Trust Fund”; amending s.
    8         25.386, F.S.; directing that fees from the foreign
    9         language court interpreters program be deposited into
   10         the Administrative Trust Fund within the state courts
   11         system; amending s. 27.366, F.S.; deleting a provision
   12         requiring that each state attorney report to the
   13         Florida Prosecuting Attorneys Association, Inc., why a
   14         defendant did not receive the mandatory minimum prison
   15         sentence in cases involving possession or use of a
   16         weapon; deleting a provision requiring a report to the
   17         Governor and Legislature regarding the prosecution and
   18         sentencing of such offenders; amending s. 27.40, F.S.;
   19         requiring private court-appointed counsel compensated
   20         by the state to maintain records and documents in a
   21         prescribed manner; providing for waiver of the right
   22         to seek fees in excess of prescribed limits if the
   23         attorney refuses to allow the Justice Administrative
   24         Commission to review the documentation; providing that
   25         the commission’s finding of a valid waiver of fees may
   26         be overcome by competent and substantial evidence;
   27         amending s. 27.425, F.S.; eliminating a requirement
   28         for the chief judge of the judicial circuit to
   29         recommend and submit compensation rates for state
   30         funded due process service providers; requiring the
   31         Justice Administrative Commission to approve forms and
   32         procedures governing billings for the provision of due
   33         process services; amending s. 27.511, F.S.; providing
   34         for the appointment of criminal conflict and civil
   35         regional counsel in certain proceedings under the
   36         Florida Rules of Criminal Procedure and in certain
   37         adoption proceedings; providing for private court
   38         appointed counsel, rather than criminal conflict and
   39         civil regional counsel, to have primary responsibility
   40         for representing minors in proceedings under the
   41         Parental Notice of Abortion Act; amending s. 27.52,
   42         F.S.; requiring the clerk of the court to review
   43         certain property records in evaluating an application
   44         from a criminal defendant for a determination of
   45         indigency; providing that the Justice Administrative
   46         Commission has standing in a motion seeking to have a
   47         person declared indigent for purposes of state payment
   48         of due process costs; providing a presumption that a
   49         person is not indigent for costs if the person’s
   50         attorney’s fees are being paid from private funds at a
   51         specified level; providing that the presumption may be
   52         overcome through clear and convincing evidence;
   53         providing requirements and rates for reimbursement of
   54         due process costs; providing that a person who
   55         receives state-funded due process services after being
   56         deemed indigent for costs is liable for repayment to
   57         the state; requiring the person to submit an
   58         accounting to the court of state-paid costs; providing
   59         for the court to issue an order determining the amount
   60         of the costs; providing for creation and enforcement
   61         of a repayment lien; amending s. 27.5304, F.S.;
   62         providing for a reduction in the amount paid for an
   63         attorney’s fees, costs, and related expenses as
   64         increased penalties for submitting a bill to the state
   65         after prescribed periods; creating s. 27.5305, F.S.;
   66         prescribing conditions and requirements related to
   67         payment by the state of legal fees and the costs of
   68         due process services in certain criminal and civil
   69         cases; prescribing conditions and requirements
   70         governing electronic funds transfer, transcripts,
   71         court reporters and investigators, expert witnesses
   72         and mitigation specialists, and discovery; amending s.
   73         28.24, F.S.; clarifying that counties are not required
   74         to spend certain funds on court-related technology for
   75         the criminal conflict and civil regional counsel;
   76         amending s. 28.241, F.S.; providing an exception to
   77         the imposition of filing fees in certain family law
   78         cases; amending s. 28.36, F.S.; delaying the
   79         implementation date of unit-cost budgeting for the
   80         clerks of court; amending s. 29.001, F.S.; eliminating
   81         the offices of criminal conflict and civil regional
   82         counsel from inclusion in the defined elements of the
   83         “offices of public defenders” for purposes of certain
   84         state courts system funding; amending s. 29.008, F.S.;
   85         removing criminal conflict and civil regional counsel
   86         from the definition of the term “public defender
   87         offices” in the context of county responsibility for
   88         funding court-related functions; eliminating
   89         requirements for county funding of criminal conflict
   90         and civil regional counsel; repealing s. 29.0095,
   91         F.S., relating to a requirement for chief judges,
   92         state attorneys, and public defenders to submit budget
   93         expenditure reports; amending s. 29.0195, F.S.;
   94         providing for moneys from the recovery of expenditures
   95         for state-funded services to be deposited into the
   96         Administrative Trust Fund within the state courts
   97         system; amending s. 34.041, F.S.; specifying that the
   98         prescribed filing fee for an action involving claims
   99         of not more than $1,000 filed along with an action for
  100         replevin is the total filing fee; amending s. 35.22,
  101         F.S.; requiring that $50 from the District Court of
  102         Appeals filing fee be deposited into the State Courts
  103         Revenue Trust Fund; amending s. 39.0134, F.S.;
  104         providing that certain parents in proceedings related
  105         to children are liable for fees and costs after
  106         receiving legal representation or due process services
  107         funded by the state; authorizing the court to make
  108         payment of attorney’s fees and costs part of a case
  109         plan in dependency proceedings; authorizing and
  110         providing for enforcement of a lien upon court-ordered
  111         payment of fees and costs; providing for deposit of
  112         fees and costs into the Indigent Civil Defense Trust
  113         Fund; amending s. 39.821, F.S.; requiring certain
  114         background screenings for persons certified as a
  115         guardian ad litem; amending s. 57.082, F.S.;
  116         prescribing circumstances for payment of an
  117         application fee when a person seeks to be determined
  118         indigent and eligible for appointment of counsel in
  119         proceedings relating to children; providing for the
  120         court to order payment of the fee and the clerk of the
  121         court to pursue collection of the fee; amending s.
  122         316.192, F.S.; increasing the minimum fine for
  123         reckless driving; amending s. 320.02, F.S.; extending
  124         the time within which the owner of a motor vehicle
  125         registered within the state is required to notify the
  126         Department of Highway Safety and Motor Vehicles of a
  127         change of address; amending s. 320.061, F.S.; creating
  128         a noncriminal infraction for altering or obscuring a
  129         license plate or mobile home sticker; deleting the
  130         second-degree misdemeanor penalty imposed for the
  131         offense; amending s. 320.131, F.S.; creating a
  132         noncriminal traffic infraction for the unlawful use of
  133         a temporary tag; deleting the second-degree
  134         misdemeanor penalty imposed for the offense; amending
  135         s. 320.38, F.S.; extending the time within which a
  136         nonresident of the state is required to register his
  137         or her motor vehicle with the Department of Highway
  138         Safety and Motor Vehicles after commencing employment
  139         or education in the state; amending s. 322.03, F.S.;
  140         creating a noncriminal traffic infraction for a
  141         commercial motor vehicle driver who fails to surrender
  142         driver’s licenses from other jurisdictions prior to
  143         issuance of a license by the Department of Highway
  144         Safety and Motor Vehicles; extending the period
  145         allowed for operating a motor vehicle following
  146         expiration of a driver’s license; amending s. 322.16,
  147         F.S.; creating a noncriminal traffic infraction for
  148         persons who fail to abide by driver’s license
  149         restrictions; deleting the second-degree misdemeanor
  150         penalty imposed for the offense; amending s. 394.4599,
  151         F.S., relating to the notice given to various parties
  152         upon a person’s involuntary admission to a mental
  153         health facility; removing reference to the state
  154         attorney providing notice; amending s. 394.4615, F.S.,
  155         relating to clinical records in cases of involuntary
  156         placement; removing the state attorney from the list
  157         of parties who are entitled to receive clinical
  158         records; amending s. 394.4655, F.S., relating to
  159         involuntary outpatient placement; removing the
  160         requirement for the clerk to provide a copy of the
  161         petition for involuntary outpatient placement to the
  162         state attorney; removing the requirement for the state
  163         attorney for the circuit in which the patient is
  164         located to represent the state in the proceeding;
  165         removing the requirement for the clerk of the court to
  166         provide copies of the certificate and treatment plan
  167         to the state attorney; amending s. 394.467, F.S.,
  168         relating to involuntary inpatient placement; removing
  169         the requirement for the clerk of the court to provide
  170         a copy of the petition for involuntary inpatient
  171         placement to the state attorney; removing the
  172         requirement for the state attorney for the circuit in
  173         which the patient is located to represent the state at
  174         the hearing; amending s. 775.082, F.S.; deleting a
  175         provision requiring each state attorney to report to
  176         the Florida Prosecuting Attorneys Association, Inc.,
  177         certain deviations in the sentencing of reoffenders;
  178         amending s. 775.083, F.S.; redirecting revenues from
  179         certain criminal fines from the State Courts Revenue
  180         Trust Fund into the General Revenue Fund; repealing s.
  181         775.08401, F.S., relating to criteria to be used by
  182         state attorneys when pursuing sanctions against
  183         habitual felony offenders and habitual violent felony
  184         offenders; repealing s. 775.087(5), F.S., relating to
  185         a provision requiring each state attorney to place in
  186         the court file a report explaining why a defendant did
  187         not receive the mandatory minimum prison sentence in
  188         cases involving certain specified offenses; amending
  189         s. 775.0843, F.S.; removing a cross-reference to
  190         conform to the repeal of the referenced statute;
  191         amending s. 938.06, F.S.; requiring the assessment of
  192         a court cost following conviction of a criminal
  193         offense; defining the term “convicted” for purposes of
  194         the assessed cost; amending s. 939.08, F.S.;
  195         authorizing a designee of the trial court
  196         administrator to review, approve, and certify certain
  197         bills related to costs, fees, or expenses of the state
  198         courts system; amending s. 939.185, F.S.; authorizing
  199         the chief judge of the circuit to determine
  200         innovations eligible for funding from a county
  201         assessed court cost; amending s. 943.03, F.S.;
  202         requiring the Department of Law Enforcement to modify
  203         the statewide uniform statute table in its criminal
  204         history system; amending s. 943.053, F.S.; providing
  205         for a discounted fee for criminal history record
  206         checks for the guardian ad litem program; amending s.
  207         943.0585, F.S., relating to court-ordered expunction
  208         of criminal history records; removing the requirement
  209         for the state attorney or statewide prosecutor to
  210         provide written certified documentation to a person
  211         seeking a certificate of eligibility to expunge a
  212         criminal record; repealing s. 985.557(4), F.S.,
  213         relating to a requirement for state attorneys to
  214         develop direct-file policies and guidelines for
  215         juveniles and report to the Governor and Legislature;
  216         transferring certain funds from the Operating Trust
  217         Fund to the State Courts Revenue Trust Fund and the
  218         Administrative Trust Fund within the state courts
  219         system; providing effective dates.
  220  
  221  Be It Enacted by the Legislature of the State of Florida:
  222  
  223         Section 1. Subsection (5) of section 25.241, Florida
  224  Statutes, is amended to read:
  225         25.241 Clerk of Supreme Court; compensation; assistants;
  226  filing fees, etc.—
  227         (5) The Clerk of the Supreme Court is hereby required to
  228  prepare a statement of all fees collected each month and remit
  229  such statement, together with all fees collected by him or her,
  230  to the Chief Financial Officer. The Chief Financial Officer
  231  shall deposit $250 of each $300 filing fee and all other fees
  232  collected into the General Revenue Fund. The Chief Financial
  233  Officer shall deposit $50 of each filing fee collected into the
  234  State Courts Revenue state court’s Operating Trust Fund to fund
  235  court operations improvement projects as authorized in the
  236  General Appropriations Act.
  237         Section 2. Section 25.3844, Florida Statutes, is amended to
  238  read:
  239         25.3844 Administrative Operating Trust Fund.—
  240         (1) The Administrative Operating Trust Fund is created
  241  within the state courts system.
  242         (2) The fund is established for use as a depository of fees
  243  and related revenue for the purpose of supporting the program
  244  operations of the judicial branch and for such other purposes as
  245  may be appropriate, and shall be expended only pursuant to
  246  legislative appropriation or an approved amendment to the
  247  agency’s operating budget pursuant to the provisions of chapter
  248  216.
  249         Section 3. Section 25.386, Florida Statutes, is amended to
  250  read:
  251         25.386 Foreign language court interpreters.—The Supreme
  252  Court shall establish minimum standards and procedures for
  253  qualifications, certification, professional conduct, discipline,
  254  and training of foreign language court interpreters who are
  255  appointed by a court of competent jurisdiction. The Supreme
  256  Court shall set fees to be charged to applicants for
  257  certification and renewal of certification as a foreign language
  258  court interpreter. The revenues generated from such fees shall
  259  be used to offset the costs of administration of the
  260  certification program and shall be deposited into the
  261  Administrative Operating Trust Fund within the state courts
  262  system. The Supreme Court may appoint or employ such personnel
  263  as are necessary to assist the court in administering this
  264  section.
  265         Section 4. Section 27.366, Florida Statutes, is amended to
  266  read:
  267         27.366 Legislative intent and policy in cases meeting
  268  criteria of s. 775.087(2) and (3); report.—
  269         (1) It is the intent of the Legislature that convicted
  270  criminal offenders who meet the criteria in s. 775.087(2) and
  271  (3) be sentenced to the minimum mandatory prison terms provided
  272  herein. It is the intent of the Legislature to establish zero
  273  tolerance of criminals who use, threaten to use, or avail
  274  themselves of firearms in order to commit crimes and thereby
  275  demonstrate their lack of value for human life. It is also the
  276  intent of the Legislature that prosecutors should appropriately
  277  exercise their discretion in those cases in which the offenders’
  278  possession of the firearm is incidental to the commission of a
  279  crime and not used in furtherance of the crime, used in order to
  280  commit the crime, or used in preparation to commit the crime.
  281  For every case in which the offender meets the criteria in this
  282  act and does not receive the mandatory minimum prison sentence,
  283  the state attorney must explain the sentencing deviation in
  284  writing and place such explanation in the case file maintained
  285  by the state attorney. On a quarterly basis, each state attorney
  286  shall submit copies of deviation memoranda regarding offenses
  287  committed on or after the effective date of this act to the
  288  President of the Florida Prosecuting Attorneys Association, Inc.
  289  The association must maintain such information and make such
  290  information available to the public upon request for at least a
  291  10-year period.
  292         (2)Effective July 1, 2000, each state attorney shall
  293  annually report to the Speaker of the House of Representatives,
  294  the President of the Senate, and the Executive Office of the
  295  Governor regarding the prosecution and sentencing of offenders
  296  who met the criteria in s. 775.087(2) and (3). The report must
  297  categorize the defendants by age, gender, race, and ethnicity.
  298  Cases in which a final disposition has not yet been reached
  299  shall be reported in a subsequent annual report.
  300         Section 5. Subsection (7) of section 27.40, Florida
  301  Statutes, is amended to read:
  302         27.40 Court-appointed counsel; circuit registries; minimum
  303  requirements; appointment by court.—
  304         (7)(a) A private attorney appointed by the court from the
  305  registry to represent a client is entitled to payment as
  306  provided in s. 27.5304. An attorney appointed by the court who
  307  is not on the registry list may be compensated under s. 27.5304
  308  if the court finds in the order of appointment that there were
  309  no registry attorneys available for representation for that
  310  case.
  311         (b)1. The attorney shall maintain appropriate
  312  documentation, including contemporaneous and detailed hourly
  313  accounting of time spent representing the client. If the
  314  attorney fails to maintain such contemporaneous and detailed
  315  hourly records, the attorney waives the right to seek
  316  compensation in excess of the flat fee established in s. 27.5304
  317  and the General Appropriations Act. These records and documents
  318  are subject to review by the Justice Administrative Commission,
  319  subject to the attorney-client privilege and work-product
  320  privilege. The attorney shall maintain the records and documents
  321  in a manner that enables the attorney to redact information
  322  subject to a privilege in order to facilitate and not impede the
  323  commission’s review of the records and documents. The attorney
  324  may redact information from the records and documents only to
  325  the extent necessary to comply with the privilege.
  326         2. If an attorney fails, refuses, or declines to permit the
  327  commission to review documentation for a case as provided in
  328  this paragraph, the attorney waives the right to seek, and the
  329  commission may not pay, compensation in excess of the flat fee
  330  established in s. 27.5304 and the General Appropriations Act for
  331  that case.
  332         3. A finding by the commission that an attorney waives the
  333  right to seek compensation in excess of the flat fee established
  334  in s. 27.5304 and the General Appropriations Act, as provided in
  335  this paragraph, is presumed to be valid, unless a court
  336  concludes that the commission’s finding is not supported by
  337  competent and substantial evidence.
  338         Section 6. Section 27.425, Florida Statutes, is amended to
  339  read:
  340         27.425 Due process service rates; responsibilities of chief
  341  judge.—
  342         (1) The maximum chief judge of each circuit shall recommend
  343  compensation rates for state-funded due process service
  344  providers in cases in which the court has appointed private
  345  counsel or declared a person indigent for costs shall be
  346  specified annually in the General Appropriations Act. For
  347  purposes of this section, due process compensation rates do not
  348  include attorney’s fees for legal representation of the client.
  349         (2)Annually, the chief judge shall submit proposed due
  350  process compensation rates to the Office of the State Courts
  351  Administrator for inclusion in the legislative budget request
  352  for the state courts system.
  353         (3)The maximum rates shall be specified annually in the
  354  General Appropriations Act. For the 2007-2008 fiscal year, the
  355  maximum rates shall be the rates in effect on June 30, 2007.
  356         (2)(4) The total amount expended for providers of due
  357  process services in eligible cases may not exceed the amount
  358  budgeted in the General Appropriations Act for the particular
  359  due process service.
  360         (3) The Justice Administrative Commission shall approve
  361  uniform contract forms for use in procuring due process services
  362  and uniform procedures for use by a due process provider, or a
  363  private attorney on behalf of a due process provider, in support
  364  of billing for due process services to demonstrate completion of
  365  the specified services.
  366         Section 7. Subsections (5) and (6) of section 27.511,
  367  Florida Statutes, are amended to read:
  368         27.511 Offices of criminal conflict and civil regional
  369  counsel; legislative intent; qualifications; appointment;
  370  duties.—
  371         (5) Effective October 1, 2007, When the Office of the
  372  Public Defender, at any time during the representation of two or
  373  more defendants, determines that the interests of those accused
  374  are so adverse or hostile that they cannot all be counseled by
  375  the public defender or his or her staff without a conflict of
  376  interest, or that none can be counseled by the public defender
  377  or his or her staff because of a conflict of interest, and the
  378  court grants the public defender’s motion to withdraw, the
  379  office of criminal conflict and civil regional counsel shall be
  380  appointed and shall provide legal services, without additional
  381  compensation, to any person determined to be indigent under s.
  382  27.52, who is:
  383         (a) Under arrest for, or charged with, a felony;
  384         (b) Under arrest for, or charged with:
  385         1. A misdemeanor authorized for prosecution by the state
  386  attorney;
  387         2. A violation of chapter 316 punishable by imprisonment;
  388         3. Criminal contempt; or
  389         4. A violation of a special law or county or municipal
  390  ordinance ancillary to a state charge or, if not ancillary to a
  391  state charge, only if the office of criminal conflict and civil
  392  regional counsel contracts with the county or municipality to
  393  provide representation pursuant to ss. 27.54 and 125.69.
  394  
  395  The office of criminal conflict and civil regional counsel may
  396  not provide representation pursuant to this paragraph if the
  397  court, prior to trial, files in the cause an order of no
  398  imprisonment as provided in s. 27.512;
  399         (c) Alleged to be a delinquent child pursuant to a petition
  400  filed before a circuit court;
  401         (d) Sought by petition filed in such court to be
  402  involuntarily placed as a mentally ill person under part I of
  403  chapter 394, involuntarily committed as a sexually violent
  404  predator under part V of chapter 394, or involuntarily admitted
  405  to residential services as a person with developmental
  406  disabilities under chapter 393;
  407         (e) Convicted and sentenced to death, for purposes of
  408  handling an appeal to the Supreme Court; or
  409         (f) Is Appealing a matter in a case arising under
  410  paragraphs (a)-(d); or.
  411         (g) Seeking correction, reduction, or modification of a
  412  sentence under Rule 3.800 or seeking postconviction relief under
  413  Rule 3.850 of the Florida Rules of Criminal Procedure if, in
  414  either case, the court determines that appointment of counsel is
  415  necessary to protect a person’s due process rights.
  416         (6)(a) Effective October 1, 2007, The office of criminal
  417  conflict and civil regional counsel has primary responsibility
  418  for representing persons entitled to court-appointed counsel
  419  under the Federal or State Constitution or as authorized by
  420  general law in civil proceedings, including, but not limited to,
  421  proceedings under s. 393.12 and chapters 39, 390, 392, 397, 415,
  422  743, 744, and 984 and proceedings to terminate parental rights
  423  under chapter 63. Private court-appointed counsel eligible under
  424  s. 27.40 have primary responsibility for representing minors who
  425  request counsel under s. 390.01114, the Parental Notice of
  426  Abortion Act. The office of criminal conflict and civil regional
  427  counsel may represent a minor under that section if the court
  428  finds that no private court-appointed attorney is available.
  429         (b) If constitutional principles or general law provide for
  430  court-appointed counsel in civil proceedings, the court shall
  431  first appoint the regional counsel unless general law
  432  specifically provides for appointment of the public defender, in
  433  which case the court shall appoint the regional counsel if the
  434  public defender has a conflict of interest.
  435         (c) Notwithstanding paragraph (b) or any provision of
  436  chapter 744 to the contrary, when chapter 744 provides for
  437  appointment of counsel, the court, in consultation with the
  438  clerk of court and prior to appointing counsel, shall determine,
  439  if possible, whether the person entitled to representation is
  440  indigent, using the best available evidence.
  441         1. If the person is indigent, the court shall appoint the
  442  regional counsel. If at any time after appointment the regional
  443  counsel determines that the person is not indigent and that
  444  there are sufficient assets available for the payment of legal
  445  representation under s. 744.108, the regional counsel shall move
  446  the court to reassign the case to a private attorney.
  447         2. If the person is not indigent or if the court and the
  448  clerk are not able to determine whether the person is indigent
  449  at the time of appointment, the court shall appoint a private
  450  attorney. If at any time after appointment the private attorney
  451  determines that the person is indigent and that there are not
  452  sufficient assets available for the payment of legal
  453  representation under s. 744.108, the private attorney shall move
  454  the court to reassign the case to the regional counsel. When a
  455  case is reassigned, the private attorney may seek compensation
  456  from the Justice Administrative Commission for representation
  457  not recoverable from any assets of the person in an amount
  458  approved by the court as a pro rata portion of the compensation
  459  limits prescribed in the General Appropriations Act.
  460         (d) The regional counsel may not represent any plaintiff in
  461  a civil action brought under the Florida Rules of Civil
  462  Procedure, the Federal Rules of Civil Procedure, or federal
  463  statutes, and may not represent a petitioner in a rule challenge
  464  under chapter 120, unless specifically authorized by law.
  465         Section 8. Section 27.52, Florida Statutes, is amended to
  466  read:
  467         27.52 Determination of indigent status.—
  468         (1) APPLICATION TO THE CLERK.—A person seeking appointment
  469  of a public defender under s. 27.51 based upon an inability to
  470  pay must apply to the clerk of the court for a determination of
  471  indigent status using an application form developed by the
  472  Florida Clerks of Court Operations Corporation with final
  473  approval by the Supreme Court.
  474         (a) The application must include, at a minimum, the
  475  following financial information:
  476         1. Net income, consisting of total salary and wages, minus
  477  deductions required by law, including court-ordered support
  478  payments.
  479         2. Other income, including, but not limited to, social
  480  security benefits, union funds, veterans’ benefits, workers’
  481  compensation, other regular support from absent family members,
  482  public or private employee pensions, unemployment compensation,
  483  dividends, interest, rent, trusts, and gifts.
  484         3. Assets, including, but not limited to, cash, savings
  485  accounts, bank accounts, stocks, bonds, certificates of deposit,
  486  equity in real estate, and equity in a boat or a motor vehicle
  487  or in other tangible property.
  488         4. All liabilities and debts.
  489         5. If applicable, the amount of any bail paid for the
  490  applicant’s release from incarceration and the source of the
  491  funds.
  492  
  493  The application must include a signature by the applicant which
  494  attests to the truthfulness of the information provided. The
  495  application form developed by the corporation must include
  496  notice that the applicant may seek court review of a clerk’s
  497  determination that the applicant is not indigent, as provided in
  498  this section.
  499         (b) An applicant shall pay a $50 application fee to the
  500  clerk for each application for court-appointed counsel filed.
  501  The applicant shall pay the fee within 7 days after submitting
  502  the application. If the applicant does not pay the fee prior to
  503  the disposition of the case, the clerk shall notify the court,
  504  and the court shall:
  505         1. Assess the application fee as part of the sentence or as
  506  a condition of probation; or
  507         2. Assess the application fee pursuant to s. 938.29.
  508         (c) Notwithstanding any provision of law, court rule, or
  509  administrative order, the clerk shall assign the first $50 of
  510  any fees or costs paid by an indigent person as payment of the
  511  application fee. A person found to be indigent may not be
  512  refused counsel or other required due process services for
  513  failure to pay the fee.
  514         (d) All application fees collected by the clerk under this
  515  section shall be transferred monthly by the clerk to the
  516  Department of Revenue for deposit in the Indigent Criminal
  517  Defense Trust Fund administered by the Justice Administrative
  518  Commission, to be used to as appropriated by the Legislature.
  519  The clerk may retain 2 percent of application fees collected
  520  monthly for administrative costs prior to remitting the
  521  remainder to the Department of Revenue.
  522         (e)1. The clerk shall assist a person who appears before
  523  the clerk and requests assistance in completing the application,
  524  and the clerk shall notify the court if a person is unable to
  525  complete the application after the clerk has provided
  526  assistance.
  527         2. If the person seeking appointment of a public defender
  528  is incarcerated, the public defender is responsible for
  529  providing the application to the person and assisting him or her
  530  in its completion and is responsible for submitting the
  531  application to the clerk on the person’s behalf. The public
  532  defender may enter into an agreement for jail employees,
  533  pretrial services employees, or employees of other criminal
  534  justice agencies to assist the public defender in performing
  535  functions assigned to the public defender under this
  536  subparagraph.
  537         (2) DETERMINATION BY THE CLERK.—The clerk of the court
  538  shall determine whether an applicant seeking appointment of a
  539  public defender is indigent based upon the information provided
  540  in the application and the criteria prescribed in this
  541  subsection.
  542         (a)1. An applicant, including an applicant who is a minor
  543  or an adult tax-dependent person, is indigent if the applicant’s
  544  income is equal to or below 200 percent of the then-current
  545  federal poverty guidelines prescribed for the size of the
  546  household of the applicant by the United States Department of
  547  Health and Human Services or if the person is receiving
  548  Temporary Assistance for Needy Families-Cash Assistance,
  549  poverty-related veterans’ benefits, or Supplemental Security
  550  Income (SSI).
  551         2.a. There is a presumption that the applicant is not
  552  indigent if the applicant owns, or has equity in, any intangible
  553  or tangible personal property or real property or the expectancy
  554  of an interest in any such property having a net equity value of
  555  $2,500 or more, excluding the value of the person’s homestead
  556  and one vehicle having a net value not exceeding $5,000.
  557         b. Notwithstanding the information that the applicant
  558  provides, the clerk shall conduct a review of the property
  559  records for the county in which the applicant resides and the
  560  motor vehicle title records of the state to identify any
  561  property interests of the applicant under this subparagraph. The
  562  clerk shall evaluate and consider the results of the review in
  563  making its determination under this subsection. The clerk shall
  564  maintain the results of the review in a file with the
  565  application and provide the file to the court if the applicant
  566  seeks review under subsection (4) of the clerk’s determination
  567  of indigent status.
  568         (b) Based upon its review, the clerk shall make one of the
  569  following determinations:
  570         1. The applicant is not indigent.
  571         2. The applicant is indigent.
  572         (c)1. If the clerk determines that the applicant is
  573  indigent, the clerk shall submit the determination to the office
  574  of the public defender and immediately file the determination in
  575  the case file.
  576         2. If the public defender is unable to provide
  577  representation due to a conflict pursuant to s. 27.5303, the
  578  public defender shall move the court for withdrawal from
  579  representation and appointment of the office of criminal
  580  conflict and civil regional counsel.
  581         (d) The duty of the clerk in determining whether an
  582  applicant is indigent shall be limited to receiving the
  583  application and comparing the information provided in the
  584  application to the criteria prescribed in this subsection. The
  585  determination of indigent status is a ministerial act of the
  586  clerk and not a decision based on further investigation or the
  587  exercise of independent judgment by the clerk. The clerk may
  588  contract with third parties to perform functions assigned to the
  589  clerk under this section.
  590         (e) The applicant may seek review of the clerk’s
  591  determination that the applicant is not indigent in the court
  592  having jurisdiction over the matter at the next scheduled
  593  hearing. If the applicant seeks review of the clerk’s
  594  determination of indigent status, the court shall make a final
  595  determination as provided in subsection (4).
  596         (3) APPOINTMENT OF COUNSEL ON INTERIM BASIS.—If the clerk
  597  of the court has not made a determination of indigent status at
  598  the time a person requests appointment of a public defender, the
  599  court shall make a preliminary determination of indigent status,
  600  pending further review by the clerk, and may, by court order,
  601  appoint a public defender, the office of criminal conflict and
  602  civil regional counsel, or private counsel on an interim basis.
  603         (4) REVIEW OF CLERK’S DETERMINATION.—
  604         (a) If the clerk of the court determines that the applicant
  605  is not indigent, and the applicant seeks review of the clerk’s
  606  determination, the court shall make a final determination of
  607  indigent status by reviewing the information provided in the
  608  application against the criteria prescribed in subsection (2)
  609  and by considering the following additional factors:
  610         1. Whether the applicant has been released on bail in an
  611  amount of $5,000 or more.
  612         2. Whether a bond has been posted, the type of bond, and
  613  who paid the bond.
  614         3. Whether paying for private counsel in an amount that
  615  exceeds the limitations in s. 27.5304, or other due process
  616  services creates a substantial hardship for the applicant or the
  617  applicant’s family.
  618         4. Any other relevant financial circumstances of the
  619  applicant or the applicant’s family.
  620         (b) Based upon its review, the court shall make one of the
  621  following determinations and, if the applicant is indigent,
  622  shall appoint a public defender, the office of criminal conflict
  623  and civil regional counsel, or, if appropriate, private counsel:
  624         1. The applicant is not indigent.
  625         2. The applicant is indigent.
  626         (5) INDIGENT FOR COSTS.—A person who is eligible to be
  627  represented by a public defender under s. 27.51 but who is
  628  represented by private counsel not appointed by the court for a
  629  reasonable fee as approved by the court, or on a pro bono basis,
  630  or who is proceeding pro se, may move the court for a
  631  determination that he or she is indigent for costs and eligible
  632  for the provision of due process services, as prescribed by ss.
  633  29.006 and 29.007, funded by the state.
  634         (a) The person must file a written motion with the court
  635  and submit to the court:
  636         1. The completed application prescribed in subsection (1).
  637         2. In the case of a person represented by counsel, an
  638  affidavit attesting to the estimated amount of attorney’s fees
  639  and the source of payment for these fees.
  640         (b) The person shall arrange for service of a copy of the
  641  motion and attachments on the Justice Administrative Commission.
  642  The commission has standing to appear before the court to
  643  contest any motion to declare a person indigent for costs and
  644  may participate in a hearing on the motion by use of telephonic
  645  or other communication equipment.
  646         (c) If the person did not apply for a determination of
  647  indigent status under subsection (1) in the same case and is not
  648  already liable for the application fee required under that
  649  subsection, he or she becomes liable for payment of the fee upon
  650  filing the motion with the court.
  651         (d)(b) In reviewing the motion, the court shall consider:
  652         1. Whether the applicant applied for a determination of
  653  indigent status under subsection (1) and the outcome of such
  654  application.
  655         2. The extent to which the person’s income equals or
  656  exceeds the income criteria prescribed in subsection (2).
  657         3. The additional factors prescribed in subsection (4).
  658         4. Whether the applicant is proceeding pro se.
  659         5. When the applicant retained private counsel.
  660         6. The amount of any attorney’s fees and who is paying the
  661  fees. There is a presumption that the applicant is not indigent
  662  for costs if the amount of attorney’s fees exceeds $5,000 for a
  663  noncapital case or $25,000 for a capital case in which the state
  664  is seeking the death penalty. To overcome this presumption, the
  665  applicant has the burden to show through clear and convincing
  666  evidence that the fees are reasonable based on the nature and
  667  complexity of the case. In determining the reasonableness of the
  668  fees, the court shall consider the amount that a private court
  669  appointed attorney paid by the state would receive for providing
  670  representation for the type of case.
  671         (e)(c) Based upon its review, the court shall make one of
  672  the following determinations:
  673         1. The applicant is not indigent for costs.
  674         2. The applicant is indigent for costs.
  675         (f)(d) The provision of due process services based upon a
  676  determination that a person is indigent for costs under this
  677  subsection must be effectuated pursuant to a court order, a copy
  678  of which the clerk shall provide to counsel representing the
  679  person, or to the person directly if he or she is proceeding pro
  680  se, for use in requesting payment of due process expenses
  681  through the Justice Administrative Commission. Private counsel
  682  representing a person declared indigent for costs shall execute
  683  the Justice Administrative Commission’s contract for counsel
  684  representing persons determined to be indigent for costs.
  685  Private counsel representing a person declared indigent for
  686  costs may not receive state funds, either directly or on behalf
  687  of due process providers, unless the attorney has executed the
  688  contract required under this paragraph.
  689         (g)Costs shall be reimbursed at the rates established
  690  under ss. 27.425 and 27.5305. To receive reimbursement of costs,
  691  either directly or on behalf of due process providers, private
  692  counsel representing a person declared indigent for costs shall
  693  comply with the procedures and requirements under this chapter
  694  governing billings by and compensation of private court
  695  appointed counsel.
  696         (h)The court may not appoint an attorney paid by the state
  697  based on a finding that the defendant is indigent for costs if
  698  the defendant has privately retained and paid counsel.
  699         (i)A defendant who is found guilty of a criminal act by a
  700  court or jury or enters a plea of guilty or nolo contendere and
  701  who received due process services after being found indigent for
  702  costs under this subsection is liable for payment of due process
  703  costs expended by the state.
  704         1. The attorney representing the defendant, or the
  705  defendant if he or she is proceeding pro se, shall provide an
  706  accounting to the court delineating all costs paid or to be paid
  707  by the state within 90 days after disposition of the case
  708  notwithstanding any appeals.
  709         2. The court shall issue an order determining the amount of
  710  all costs paid by the state and any costs for which prepayment
  711  was waived under this section or s. 57.081. The clerk shall
  712  cause a certified copy of the order to be recorded in the
  713  official records of the county, at no cost. The recording
  714  constitutes a lien against the person in favor of the state in
  715  the county in which the order is recorded. The lien may be
  716  enforced in the same manner prescribed in s. 938.29.
  717         3.If the attorney or the pro se defendant fails to provide
  718  a complete accounting of costs expended by the state and
  719  consequently costs are omitted from the lien, the attorney or
  720  pro se defendant may not receive reimbursement or any other form
  721  of direct or indirect payment for those costs if the state has
  722  not paid the costs. The attorney or pro se defendant shall repay
  723  the state for those costs if the state has already paid the
  724  costs. The clerk of the court may establish a payment plan under
  725  s. 28.246 and may charge the attorney or pro se defendant a one
  726  time administrative processing charge under s. 28.24(26)(c).
  727         (6) DUTIES OF PARENT OR LEGAL GUARDIAN.—A nonindigent
  728  parent or legal guardian of an applicant who is a minor or an
  729  adult tax-dependent person shall furnish the minor or adult tax
  730  dependent person with the necessary legal services and costs
  731  incident to a delinquency proceeding or, upon transfer of such
  732  person for criminal prosecution as an adult pursuant to chapter
  733  985, a criminal prosecution in which the person has a right to
  734  legal counsel under the Constitution of the United States or the
  735  Constitution of the State of Florida. The failure of a parent or
  736  legal guardian to furnish legal services and costs under this
  737  section does not bar the appointment of legal counsel pursuant
  738  to this section, s. 27.40, or s. 27.5303. When the public
  739  defender, the office of criminal conflict and civil regional
  740  counsel, a private court-appointed conflict counsel, or a
  741  private attorney is appointed to represent a minor or an adult
  742  tax-dependent person in any proceeding in circuit court or in a
  743  criminal proceeding in any other court, the parents or the legal
  744  guardian shall be liable for payment of the fees, charges, and
  745  costs of the representation even if the person is a minor being
  746  tried as an adult. Liability for the fees, charges, and costs of
  747  the representation shall be imposed in the form of a lien
  748  against the property of the nonindigent parents or legal
  749  guardian of the minor or adult tax-dependent person. The lien is
  750  enforceable as provided in s. 27.561 or s. 938.29.
  751         (7) FINANCIAL DISCREPANCIES; FRAUD; FALSE INFORMATION.—
  752         (a) If the court learns of discrepancies between the
  753  application or motion and the actual financial status of the
  754  person found to be indigent or indigent for costs, the court
  755  shall determine whether the public defender, office of criminal
  756  conflict and civil regional counsel, or private attorney shall
  757  continue representation or whether the authorization for any
  758  other due process services previously authorized shall be
  759  revoked. The person may be heard regarding the information
  760  learned by the court. If the court, based on the information,
  761  determines that the person is not indigent or indigent for
  762  costs, the court shall order the public defender, office of
  763  criminal conflict and civil regional counsel, or private
  764  attorney to discontinue representation and revoke the provision
  765  of any other authorized due process services.
  766         (b) If the court has reason to believe that any applicant,
  767  through fraud or misrepresentation, was improperly determined to
  768  be indigent or indigent for costs, the matter shall be referred
  769  to the state attorney. Twenty-five percent of any amount
  770  recovered by the state attorney as reasonable value of the
  771  services rendered, including fees, charges, and costs paid by
  772  the state on the person’s behalf, shall be remitted to the
  773  Department of Revenue for deposit into the Grants and Donations
  774  Trust Fund within the Justice Administrative Commission.
  775  Seventy-five percent of any amount recovered shall be remitted
  776  to the Department of Revenue for deposit into the General
  777  Revenue Fund.
  778         (c) A person who knowingly provides false information to
  779  the clerk or the court in seeking a determination of indigent
  780  status under this section commits a misdemeanor of the first
  781  degree, punishable as provided in s. 775.082 or s. 775.083.
  782         Section 9. Subsection (4) of section 27.5304, Florida
  783  Statutes, is amended to read:
  784         27.5304 Private court-appointed counsel; compensation.—
  785         (4)(a) The attorney shall submit a bill for attorney’s
  786  fees, costs, and related expenses within 90 days after the
  787  disposition of the case at the lower court level,
  788  notwithstanding any appeals. The Justice Administrative
  789  Commission shall provide by contract with the attorney for
  790  imposition of a penalty of:
  791         1.Fifteen 15 percent of the allowable attorney’s fees,
  792  costs, and related expenses for a bill that is submitted more
  793  than 90 days after the disposition of the case at the lower
  794  court level, notwithstanding any appeals;.
  795         2. For cases for which disposition occurs on or after July
  796  1, 2010, 50 percent of the allowable attorney’s fees, costs, and
  797  related expenses for a bill that is submitted more than 1 year
  798  after the disposition of the case at the lower court level,
  799  notwithstanding any appeals; and
  800         3. For cases for which disposition occurs on or after July
  801  1, 2010, 75 percent of the allowable attorney’s fees, costs, and
  802  related expenses for a bill that is submitted more than 2 years
  803  after the disposition of the case at the lower court level,
  804  notwithstanding any appeals.
  805         (b) For purposes of this subsection, the term “disposition”
  806  means:
  807         1. At the trial court level, that the court has entered a
  808  final appealable judgment, unless rendition of judgment is
  809  stayed by the filing of a timely motion for rehearing. The
  810  filing of a notice of appeal does not stay the time for
  811  submission of an intended billing; and
  812         2. At the appellate court level, that the court has issued
  813  its mandate.
  814         Section 10. Section 27.5305, Florida Statutes, is created
  815  to read:
  816         27.5305Attorney or provider compensation; conditions;
  817  requirements.—The provisions of this section apply to the
  818  payment by the state through the Justice Administrative
  819  Commission of legal fees and due process costs in an eligible
  820  criminal or civil matter when a person receives the services of
  821  a private court-appointed attorney or is declared indigent for
  822  costs under s. 27.52 or s. 57.082.
  823         (1) ELECTRONIC FUNDS TRANSFER.—A person, as defined in s.
  824  1.01, requesting compensation from the state through the Justice
  825  Administrative Commission for the provision of criminal or civil
  826  legal representation or other due process services must, as a
  827  condition for compensation, participate in a direct-deposit
  828  program under which the person authorizes the transfer of funds
  829  electronically to an account in the person’s name at a federal-
  830  or state-chartered financial institution.
  831         (a) The Justice Administrative Commission may exempt a
  832  person from compliance with this section if the commission finds
  833  that participation in a direct-deposit program creates a
  834  financial hardship for the person.
  835         (b) This subsection applies to compensation for services
  836  that are provided on or after January 1, 2011.
  837         (2) TRANSCRIPTS.—
  838         (a) The state may pay for the cost of preparing a
  839  transcript of a deposition only if the private court-appointed
  840  attorney secures an order from the court finding that
  841  preparation of the transcript is necessary, in which case the
  842  state may pay for one original and one copy only.
  843         (b) The state may pay for the cost of one original
  844  transcript of any deposition, hearing, or other proceeding. Any
  845  other payment for a transcript of that same deposition, hearing,
  846  or other proceeding, regardless of whether the transcript is an
  847  additional original transcript or a copy, shall be at the rate
  848  paid for a copy of a transcript. This paragraph applies
  849  regardless of which state agency pays for the first original
  850  transcript.
  851         (3) COURT REPORTERS; INVESTIGATORS.—Beginning with the
  852  2010-2011 fiscal year, and applicable to services performed
  853  starting in that year, uniform statewide rates shall be
  854  prescribed annually in the General Appropriations Act for the
  855  payment of:
  856         (a) Court reporting services that are not provided through
  857  the state courts system; and
  858         (b) Private investigation services.
  859         (4) EXPERT WITNESSES; MITIGATION SPECIALISTS.—A private
  860  court-appointed attorney must obtain authorization from the
  861  court to employ an out-of-state expert or mitigation specialist
  862  upon a showing that an expert or mitigation specialist who has
  863  appropriate skills or expertise is not available from within the
  864  county in which the case was filed or from elsewhere in the
  865  state. An order authorizing the employment must be in writing
  866  and contain specific findings regarding the unavailability of a
  867  qualified in-state expert or mitigation specialist. The attorney
  868  shall submit a copy of the order to the Justice Administrative
  869  Commission.
  870         (5) RIGHT TO DISCOVERY.—The Justice Administrative
  871  Commission has a right to engage in discovery in accordance with
  872  the Florida Rules of Civil Procedure on a motion to the court
  873  seeking payment of attorney’s fees, costs, or other expenses.
  874  This right includes a reasonable opportunity to obtain discovery
  875  prior to a hearing on the motion.
  876         Section 11. Subsection (12) of section 28.24, Florida
  877  Statutes, is amended to read:
  878         28.24 Service charges by clerk of the circuit court.—The
  879  clerk of the circuit court shall charge for services rendered by
  880  the clerk’s office in recording documents and instruments and in
  881  performing the duties enumerated in amounts not to exceed those
  882  specified in this section. Notwithstanding any other provision
  883  of this section, the clerk of the circuit court shall provide
  884  without charge to the state attorney, public defender, guardian
  885  ad litem, public guardian, attorney ad litem, criminal conflict
  886  and civil regional counsel, and private court-appointed counsel
  887  paid by the state, and to the authorized staff acting on behalf
  888  of each, access to and a copy of any public record, if the
  889  requesting party is entitled by law to view the exempt or
  890  confidential record, as maintained by and in the custody of the
  891  clerk of the circuit court as provided in general law and the
  892  Florida Rules of Judicial Administration. The clerk of the
  893  circuit court may provide the requested public record in an
  894  electronic format in lieu of a paper format when capable of
  895  being accessed by the requesting entity.
  896  
  897  Charges
  898         (12) For recording, indexing, and filing any instrument not
  899  more than 14 inches by 8 1/2 inches, including required notice
  900  to property appraiser where applicable:
  901         (a) First page or fraction thereof...................5.00
  902         (b) Each additional page or fraction thereof.........4.00
  903         (c) For indexing instruments recorded in the official
  904  records which contain more than four names, per additional
  905  name........................................................1.00
  906         (d) An additional service charge shall be paid to the clerk
  907  of the circuit court to be deposited in the Public Records
  908  Modernization Trust Fund for each instrument listed in s.
  909  28.222, except judgments received from the courts and notices of
  910  lis pendens, recorded in the official records:
  911         1. First page........................................1.00
  912         2. Each additional page..............................0.50
  913  
  914  Said fund shall be held in trust by the clerk and used
  915  exclusively for equipment and maintenance of equipment,
  916  personnel training, and technical assistance in modernizing the
  917  public records system of the office. In a county where the duty
  918  of maintaining official records exists in an office other than
  919  the office of the clerk of the circuit court, the clerk of the
  920  circuit court is entitled to 25 percent of the moneys deposited
  921  into the trust fund for equipment, maintenance of equipment,
  922  training, and technical assistance in modernizing the system for
  923  storing records in the office of the clerk of the circuit court.
  924  The fund may not be used for the payment of travel expenses,
  925  membership dues, bank charges, staff-recruitment costs, salaries
  926  or benefits of employees, construction costs, general operating
  927  expenses, or other costs not directly related to obtaining and
  928  maintaining equipment for public records systems or for the
  929  purchase of furniture or office supplies and equipment not
  930  related to the storage of records. On or before December 1,
  931  1995, and on or before December 1 of each year immediately
  932  preceding each year during which the trust fund is scheduled for
  933  legislative review under s. 19(f)(2), Art. III of the State
  934  Constitution, each clerk of the circuit court shall file a
  935  report on the Public Records Modernization Trust Fund with the
  936  President of the Senate and the Speaker of the House of
  937  Representatives. The report must itemize each expenditure made
  938  from the trust fund since the last report was filed; each
  939  obligation payable from the trust fund on that date; and the
  940  percentage of funds expended for each of the following:
  941  equipment, maintenance of equipment, personnel training, and
  942  technical assistance. The report must indicate the nature of the
  943  system each clerk uses to store, maintain, and retrieve public
  944  records and the degree to which the system has been upgraded
  945  since the creation of the trust fund.
  946         (e) An additional service charge of $4 per page shall be
  947  paid to the clerk of the circuit court for each instrument
  948  listed in s. 28.222, except judgments received from the courts
  949  and notices of lis pendens, recorded in the official records.
  950  From the additional $4 service charge collected:
  951         1. If the counties maintain legal responsibility for the
  952  costs of the court-related technology needs as defined in s.
  953  29.008(1)(f)2. and (h), 10 cents shall be distributed to the
  954  Florida Association of Court Clerks and Comptroller, Inc., for
  955  the cost of development, implementation, operation, and
  956  maintenance of the clerks’ Comprehensive Case Information
  957  System, in which system all clerks shall participate on or
  958  before January 1, 2006; $1.90 shall be retained by the clerk to
  959  be deposited in the Public Records Modernization Trust Fund and
  960  used exclusively for funding court-related technology needs of
  961  the clerk as defined in s. 29.008(1)(f)2. and (h); and $2 shall
  962  be distributed to the board of county commissioners to be used
  963  exclusively to fund court-related technology, and court
  964  technology needs as defined in s. 29.008(1)(f)2. and (h) for the
  965  state trial courts, state attorney, public defender, and, at the
  966  board’s discretion, criminal conflict and civil regional counsel
  967  in that county. If the counties maintain legal responsibility
  968  for the costs of the court-related technology needs as defined
  969  in s. 29.008(1)(f)2. and (h), notwithstanding any other
  970  provision of law, the county is not required to provide
  971  additional funding beyond that provided herein for the court
  972  related technology needs of the clerk as defined in s.
  973  29.008(1)(f)2. and (h). All court records and official records
  974  are the property of the State of Florida, including any records
  975  generated as part of the Comprehensive Case Information System
  976  funded pursuant to this paragraph and the clerk of court is
  977  designated as the custodian of such records, except in a county
  978  where the duty of maintaining official records exists in a
  979  county office other than the clerk of court or comptroller, such
  980  county office is designated the custodian of all official
  981  records, and the clerk of court is designated the custodian of
  982  all court records. The clerk of court or any entity acting on
  983  behalf of the clerk of court, including an association, shall
  984  not charge a fee to any agency as defined in s. 119.011, the
  985  Legislature, or the State Court System for copies of records
  986  generated by the Comprehensive Case Information System or held
  987  by the clerk of court or any entity acting on behalf of the
  988  clerk of court, including an association.
  989         2. If the state becomes legally responsible for the costs
  990  of court-related technology needs as defined in s.
  991  29.008(1)(f)2. and (h), whether by operation of general law or
  992  by court order, $4 shall be remitted to the Department of
  993  Revenue for deposit into the General Revenue Fund.
  994         Section 12. Paragraph (a) of subsection (1) of section
  995  28.241, Florida Statutes, is amended, and subsection (7) is
  996  added to that section, to read:
  997         28.241 Filing fees for trial and appellate proceedings.—
  998         (1)(a)1.a. Except as provided in sub-subparagraph b. and
  999  subparagraph 2., the party instituting any civil action, suit,
 1000  or proceeding in the circuit court shall pay to the clerk of
 1001  that court a filing fee of up to $395 in all cases in which
 1002  there are not more than five defendants and an additional filing
 1003  fee of up to $2.50 for each defendant in excess of five. Of the
 1004  first $265 in filing fees, $80 must be remitted by the clerk to
 1005  the Department of Revenue for deposit into the General Revenue
 1006  Fund, $180 must be remitted to the Department of Revenue for
 1007  deposit into the State Courts Revenue Trust Fund, $3.50 must be
 1008  remitted to the Department of Revenue for deposit into the
 1009  Clerks of the Court Trust Fund within the Justice Administrative
 1010  Commission and used to fund the Florida Clerks of Court
 1011  Operations Corporation created in s. 28.35, and $1.50 shall be
 1012  remitted to the Department of Revenue for deposit into the
 1013  Administrative Trust Fund within the Department of Financial
 1014  Services to fund clerk budget reviews conducted by the
 1015  Department of Financial Services. The next $15 of the filing fee
 1016  collected shall be deposited in the state courts’ Mediation and
 1017  Arbitration Trust Fund. One third of any filing fees collected
 1018  by the clerk of the circuit court in excess of $100 shall be
 1019  remitted to the Department of Revenue for deposit into the
 1020  Clerks of the Court Trust Fund within the Justice Administrative
 1021  Commission.
 1022         b. Except where the assessment of a filing fee is otherwise
 1023  prohibited by law, the party instituting any civil action, suit,
 1024  or proceeding in the circuit court under chapter 39, chapter 61,
 1025  chapter 741, chapter 742, chapter 747, chapter 752, or chapter
 1026  753 shall pay to the clerk of that court a filing fee of up to
 1027  $295 in all cases in which there are not more than five
 1028  defendants and an additional filing fee of up to $2.50 for each
 1029  defendant in excess of five. Of the first $165 in filing fees,
 1030  $80 must be remitted by the clerk to the Department of Revenue
 1031  for deposit into the General Revenue Fund, $80 must be remitted
 1032  to the Department of Revenue for deposit into the State Courts
 1033  Revenue Trust Fund, $3.50 must be remitted to the Department of
 1034  Revenue for deposit into the Clerks of the Court Trust Fund
 1035  within the Justice Administrative Commission and used to fund
 1036  the Florida Clerks of Court Operations Corporation created in s.
 1037  28.35, and $1.50 shall be remitted to the Department of Revenue
 1038  for deposit into the Administrative Trust Fund within the
 1039  Department of Financial Services to fund clerk budget reviews
 1040  conducted by the Department of Financial Services. The next $15
 1041  of the filing fee collected shall be deposited in the state
 1042  courts’ Mediation and Arbitration Trust Fund.
 1043         c. An additional filing fee of $4 shall be paid to the
 1044  clerk. The clerk shall remit $3.50 to the Department of Revenue
 1045  for deposit into the Court Education Trust Fund and shall remit
 1046  50 cents to the Department of Revenue for deposit into the
 1047  Clerks of the Court Trust Fund within the Justice Administrative
 1048  Commission to fund clerk education. An additional filing fee of
 1049  up to $18 shall be paid by the party seeking each severance that
 1050  is granted. The clerk may impose an additional filing fee of up
 1051  to $85 for all proceedings of garnishment, attachment, replevin,
 1052  and distress. Postal charges incurred by the clerk of the
 1053  circuit court in making service by certified or registered mail
 1054  on defendants or other parties shall be paid by the party at
 1055  whose instance service is made. No additional fees, charges, or
 1056  costs shall be added to the filing fees imposed under this
 1057  section, except as authorized in this section or by general law.
 1058         2.a. Notwithstanding the fees prescribed in subparagraph
 1059  1., a party instituting a civil action in circuit court relating
 1060  to real property or mortgage foreclosure shall pay a graduated
 1061  filing fee based on the value of the claim.
 1062         b. A party shall estimate in writing the amount in
 1063  controversy of the claim upon filing the action. For purposes of
 1064  this subparagraph, the value of a mortgage foreclosure action is
 1065  based upon the principal due on the note secured by the
 1066  mortgage, plus interest owed on the note and any moneys advanced
 1067  by the lender for property taxes, insurance, and other advances
 1068  secured by the mortgage, at the time of filing the foreclosure.
 1069  The value shall also include the value of any tax certificates
 1070  related to the property. In stating the value of a mortgage
 1071  foreclosure claim, a party shall declare in writing the total
 1072  value of the claim, as well as the individual elements of the
 1073  value as prescribed in this sub-subparagraph.
 1074         c. In its order providing for the final disposition of the
 1075  matter, the court shall identify the actual value of the claim.
 1076  The clerk shall adjust the filing fee if there is a difference
 1077  between the estimated amount in controversy and the actual value
 1078  of the claim and collect any additional filing fee owed or
 1079  provide a refund of excess filing fee paid.
 1080         d. The party shall pay a filing fee of:
 1081         (I) Three hundred and ninety-five dollars in all cases in
 1082  which the value of the claim is $50,000 or less and in which
 1083  there are not more than five defendants. The party shall pay an
 1084  additional filing fee of up to $2.50 for each defendant in
 1085  excess of five. Of the first $265 in filing fees, $80 must be
 1086  remitted by the clerk to the Department of Revenue for deposit
 1087  into the General Revenue Fund, $180 must be remitted to the
 1088  Department of Revenue for deposit into the State Courts Revenue
 1089  Trust Fund, $3.50 must be remitted to the Department of Revenue
 1090  for deposit into the Clerks of the Court Trust Fund within the
 1091  Justice Administrative Commission and used to fund the Florida
 1092  Clerks of Court Operations Corporation created in s. 28.35, and
 1093  $1.50 shall be remitted to the Department of Revenue for deposit
 1094  into the Administrative Trust Fund within the Department of
 1095  Financial Services to fund clerk budget reviews conducted by the
 1096  Department of Financial Services. The next $15 of the filing fee
 1097  collected shall be deposited in the state courts’ Mediation and
 1098  Arbitration Trust Fund;
 1099         (II) Nine hundred dollars in all cases in which the value
 1100  of the claim is more than $50,000 but less than $250,000 and in
 1101  which there are not more than five defendants. The party shall
 1102  pay an additional filing fee of up to $2.50 for each defendant
 1103  in excess of five. Of the first $770 in filing fees, $80 must be
 1104  remitted by the clerk to the Department of Revenue for deposit
 1105  into the General Revenue Fund, $685 must be remitted to the
 1106  Department of Revenue for deposit into the State Courts Revenue
 1107  Trust Fund, $3.50 must be remitted to the Department of Revenue
 1108  for deposit into the Clerks of the Court Trust Fund within the
 1109  Justice Administrative Commission and used to fund the Florida
 1110  Clerks of Court Operations Corporation described in s. 28.35,
 1111  and $1.50 shall be remitted to the Department of Revenue for
 1112  deposit into the Administrative Trust Fund within the Department
 1113  of Financial Services to fund clerk budget reviews conducted by
 1114  the Department of Financial Services. The next $15 of the filing
 1115  fee collected shall be deposited in the state courts’ Mediation
 1116  and Arbitration Trust Fund; or
 1117         (III) One thousand nine hundred dollars in all cases in
 1118  which the value of the claim is $250,000 or more and in which
 1119  there are not more than five defendants. The party shall pay an
 1120  additional filing fee of up to $2.50 for each defendant in
 1121  excess of five. Of the first $1,770 in filing fees, $80 must be
 1122  remitted by the clerk to the Department of Revenue for deposit
 1123  into the General Revenue Fund, $1,685 must be remitted to the
 1124  Department of Revenue for deposit into the State Courts Revenue
 1125  Trust Fund, $3.50 must be remitted to the Department of Revenue
 1126  for deposit into the Clerks of the Court Trust Fund within the
 1127  Justice Administrative Commission to fund the Florida Clerks of
 1128  Court Operations Corporation created in s. 28.35, and $1.50
 1129  shall be remitted to the Department of Revenue for deposit into
 1130  the Administrative Trust Fund within the Department of Financial
 1131  Services to fund clerk budget reviews conducted by the
 1132  Department of Financial Services. The next $15 of the filing fee
 1133  collected shall be deposited in the state courts’ Mediation and
 1134  Arbitration Trust Fund.
 1135         e. An additional filing fee of $4 shall be paid to the
 1136  clerk. The clerk shall remit $3.50 to the Department of Revenue
 1137  for deposit into the Court Education Trust Fund and shall remit
 1138  50 cents to the Department of Revenue for deposit into the
 1139  Clerks of the Court Trust Fund within the Justice Administrative
 1140  Commission to fund clerk education. An additional filing fee of
 1141  up to $18 shall be paid by the party seeking each severance that
 1142  is granted. The clerk may impose an additional filing fee of up
 1143  to $85 for all proceedings of garnishment, attachment, replevin,
 1144  and distress. Postal charges incurred by the clerk of the
 1145  circuit court in making service by certified or registered mail
 1146  on defendants or other parties shall be paid by the party at
 1147  whose instance service is made. No additional fees, charges, or
 1148  costs shall be added to the filing fees imposed under this
 1149  section, except as authorized in this section or by general law.
 1150         (7) Nothing in this section or in the revisions made to it
 1151  by chapters 2009-61 and 2009-204, Laws of Florida, authorizes
 1152  the assessment of a filing fee if the assessment is otherwise
 1153  prohibited by law.
 1154         Section 13. Subsection (10) of section 28.36, Florida
 1155  Statutes, is amended to read:
 1156         28.36 Budget procedure.—There is established a budget
 1157  procedure for preparing budget requests for funding for the
 1158  court-related functions of the clerks of the court.
 1159         (10) For the 2010-2011 2009-2010 fiscal year, the
 1160  corporation shall release appropriations in an amount equal to
 1161  one-twelfth of each clerk’s approved budget each month. The
 1162  statewide total appropriation for the 2010-2011 2009-2010 fiscal
 1163  year shall be set in the General Appropriations Act. The
 1164  corporation shall determine the amount of each clerk of court
 1165  budget, but the statewide total of such amounts may not exceed
 1166  the amount listed in the General Appropriations Act. Beginning
 1167  in the 2011-2012 2010-2011 fiscal year, the corporation shall
 1168  release appropriations to each clerk quarterly. The amount of
 1169  the release shall be based on the prior quarter’s performance of
 1170  service units identified in the four core services and the
 1171  established unit costs for each clerk.
 1172         Section 14. Subsection (1) of section 29.001, Florida
 1173  Statutes, is amended to read:
 1174         29.001 State courts system elements and definitions.—
 1175         (1) For the purpose of implementing s. 14, Art. V of the
 1176  State Constitution, the state courts system is defined to
 1177  include the enumerated elements of the Supreme Court, district
 1178  courts of appeal, circuit courts, county courts, and certain
 1179  supports thereto. The offices of public defenders and state
 1180  attorneys are defined to include the enumerated elements of the
 1181  20 state attorneys’ offices and the enumerated elements of the
 1182  20 public defenders’ offices and five offices of criminal
 1183  conflict and civil regional counsel. Court-appointed counsel are
 1184  defined to include the enumerated elements for counsel appointed
 1185  to ensure due process in criminal and civil proceedings in
 1186  accordance with state and federal constitutional guarantees.
 1187  Funding for the state courts system, the state attorneys’
 1188  offices, the public defenders’ offices, the offices of criminal
 1189  conflict and civil regional counsel, and other court-appointed
 1190  counsel shall be provided from state revenues appropriated by
 1191  general law.
 1192         Section 15. Section 29.008, Florida Statutes, is amended to
 1193  read:
 1194         29.008 County funding of court-related functions.—
 1195         (1) Counties are required by s. 14, Art. V of the State
 1196  Constitution to fund the cost of communications services,
 1197  existing radio systems, existing multiagency criminal justice
 1198  information systems, and the cost of construction or lease,
 1199  maintenance, utilities, and security of facilities for the
 1200  circuit and county courts, public defenders’ offices, state
 1201  attorneys’ offices, guardian ad litem offices, and the offices
 1202  of the clerks of the circuit and county courts performing court
 1203  related functions. For purposes of this section, the term
 1204  “circuit and county courts” includes the offices and staffing of
 1205  the guardian ad litem programs, and the term “public defenders’
 1206  offices” includes the offices of criminal conflict and civil
 1207  regional counsel. The county designated under s. 35.05(1) as the
 1208  headquarters for each appellate district shall fund these costs
 1209  for the appellate division of the public defender’s office in
 1210  that county. For purposes of implementing these requirements,
 1211  the term:
 1212         (a) “Facility” means reasonable and necessary buildings and
 1213  office space and appurtenant equipment and furnishings,
 1214  structures, real estate, easements, and related interests in
 1215  real estate, including, but not limited to, those for the
 1216  purpose of housing legal materials for use by the general public
 1217  and personnel, equipment, or functions of the circuit or county
 1218  courts, public defenders’ offices, state attorneys’ offices, and
 1219  court-related functions of the office of the clerks of the
 1220  circuit and county courts and all storage. The term “facility”
 1221  includes all wiring necessary for court reporting services. The
 1222  term also includes access to parking for such facilities in
 1223  connection with such court-related functions that may be
 1224  available free or from a private provider or a local government
 1225  for a fee. The office space provided by a county may not be less
 1226  than the standards for space allotment adopted by the Department
 1227  of Management Services, except this requirement applies only to
 1228  facilities that are leased, or on which construction commences,
 1229  after June 30, 2003. County funding must include physical
 1230  modifications and improvements to all facilities as are required
 1231  for compliance with the Americans with Disabilities Act. Upon
 1232  mutual agreement of a county and the affected entity in this
 1233  paragraph, the office space provided by the county may vary from
 1234  the standards for space allotment adopted by the Department of
 1235  Management Services.
 1236         1. As of July 1, 2005, equipment and furnishings shall be
 1237  limited to that appropriate and customary for courtrooms,
 1238  hearing rooms, jury facilities, and other public areas in
 1239  courthouses and any other facility occupied by the courts, state
 1240  attorneys, public defenders, and guardians ad litem, and
 1241  criminal conflict and civil regional counsel. Court reporting
 1242  equipment in these areas or facilities is not a responsibility
 1243  of the county.
 1244         2. Equipment and furnishings under this paragraph in
 1245  existence and owned by counties on July 1, 2005, except for that
 1246  in the possession of the clerks, for areas other than
 1247  courtrooms, hearing rooms, jury facilities, and other public
 1248  areas in courthouses and any other facility occupied by the
 1249  courts, state attorneys, and public defenders, shall be
 1250  transferred to the state at no charge. This provision does not
 1251  apply to any communications services as defined in paragraph
 1252  (f).
 1253         (b) “Construction or lease” includes, but is not limited
 1254  to, all reasonable and necessary costs of the acquisition or
 1255  lease of facilities for all judicial officers, staff, jurors,
 1256  volunteers of a tenant agency, and the public for the circuit
 1257  and county courts, the public defenders’ offices, state
 1258  attorneys’ offices, and for performing the court-related
 1259  functions of the offices of the clerks of the circuit and county
 1260  courts. This includes expenses related to financing such
 1261  facilities and the existing and future cost and bonded
 1262  indebtedness associated with placing the facilities in use.
 1263         (c) “Maintenance” includes, but is not limited to, all
 1264  reasonable and necessary costs of custodial and groundskeeping
 1265  services and renovation and reconstruction as needed to
 1266  accommodate functions for the circuit and county courts, the
 1267  public defenders’ offices, and state attorneys’ offices and for
 1268  performing the court-related functions of the offices of the
 1269  clerks of the circuit and county court and for maintaining the
 1270  facilities in a condition appropriate and safe for the use
 1271  intended.
 1272         (d) “Utilities” means all electricity services for light,
 1273  heat, and power; natural or manufactured gas services for light,
 1274  heat, and power; water and wastewater services and systems,
 1275  stormwater or runoff services and systems, sewer services and
 1276  systems, all costs or fees associated with these services and
 1277  systems, and any costs or fees associated with the mitigation of
 1278  environmental impacts directly related to the facility.
 1279         (e) “Security” includes but is not limited to, all
 1280  reasonable and necessary costs of services of law enforcement
 1281  officers or licensed security guards and all electronic,
 1282  cellular, or digital monitoring and screening devices necessary
 1283  to ensure the safety and security of all persons visiting or
 1284  working in a facility; to provide for security of the facility,
 1285  including protection of property owned by the county or the
 1286  state; and for security of prisoners brought to any facility.
 1287  This includes bailiffs while providing courtroom and other
 1288  security for each judge and other quasi-judicial officers.
 1289         (f) “Communications services” are defined as any reasonable
 1290  and necessary transmission, emission, and reception of signs,
 1291  signals, writings, images, and sounds of intelligence of any
 1292  nature by wire, radio, optical, audio equipment, or other
 1293  electromagnetic systems and includes all facilities and
 1294  equipment owned, leased, or used by judges, clerks, public
 1295  defenders, state attorneys, guardians ad litem, criminal
 1296  conflict and civil regional counsel, and all staff of the state
 1297  courts system, state attorneys’ offices, public defenders’
 1298  offices, and clerks of the circuit and county courts performing
 1299  court-related functions. Such system or services shall include,
 1300  but not be limited to:
 1301         1. Telephone system infrastructure, including computer
 1302  lines, telephone switching equipment, and maintenance, and
 1303  facsimile equipment, wireless communications, cellular
 1304  telephones, pagers, and video teleconferencing equipment and
 1305  line charges. Each county shall continue to provide access to a
 1306  local carrier for local and long distance service and shall pay
 1307  toll charges for local and long distance service.
 1308         2. All computer networks, systems and equipment, including
 1309  computer hardware and software, modems, printers, wiring,
 1310  network connections, maintenance, support staff or services
 1311  including any county-funded support staff located in the offices
 1312  of the circuit court, county courts, state attorneys, public
 1313  defenders, and guardians ad litem, and criminal conflict and
 1314  civil regional counsel; training, supplies, and line charges
 1315  necessary for an integrated computer system to support the
 1316  operations and management of the state courts system, the
 1317  offices of the public defenders, the offices of the state
 1318  attorneys, the guardian ad litem offices, the offices of
 1319  criminal conflict and civil regional counsel, and the offices of
 1320  the clerks of the circuit and county courts; and the capability
 1321  to connect those entities and reporting data to the state as
 1322  required for the transmission of revenue, performance
 1323  accountability, case management, data collection, budgeting, and
 1324  auditing purposes. The integrated computer system shall be
 1325  operational by July 1, 2006, and, at a minimum, permit the
 1326  exchange of financial, performance accountability, case
 1327  management, case disposition, and other data across multiple
 1328  state and county information systems involving multiple users at
 1329  both the state level and within each judicial circuit and be
 1330  able to electronically exchange judicial case background data,
 1331  sentencing scoresheets, and video evidence information stored in
 1332  integrated case management systems over secure networks. Once
 1333  the integrated system becomes operational, counties may reject
 1334  requests to purchase communications services included in this
 1335  subparagraph not in compliance with standards, protocols, or
 1336  processes adopted by the board established pursuant to former s.
 1337  29.0086.
 1338         3. Courier messenger and subpoena services.
 1339         4. Auxiliary aids and services for qualified individuals
 1340  with a disability which are necessary to ensure access to the
 1341  courts. Such auxiliary aids and services include, but are not
 1342  limited to, sign language interpretation services required under
 1343  the federal Americans with Disabilities Act other than services
 1344  required to satisfy due-process requirements and identified as a
 1345  state funding responsibility pursuant to ss. 29.004, 29.005,
 1346  29.006, and 29.007, real-time transcription services for
 1347  individuals who are hearing impaired, and assistive listening
 1348  devices and the equipment necessary to implement such
 1349  accommodations.
 1350         (g) “Existing radio systems” includes, but is not limited
 1351  to, law enforcement radio systems that are used by the circuit
 1352  and county courts, the offices of the public defenders, the
 1353  offices of the state attorneys, and for court-related functions
 1354  of the offices of the clerks of the circuit and county courts.
 1355  This includes radio systems that were operational or under
 1356  contract at the time Revision No. 7, 1998, to Art. V of the
 1357  State Constitution was adopted and any enhancements made
 1358  thereafter, the maintenance of those systems, and the personnel
 1359  and supplies necessary for operation.
 1360         (h) “Existing multiagency criminal justice information
 1361  systems” includes, but is not limited to, those components of
 1362  the multiagency criminal justice information system as defined
 1363  in s. 943.045, supporting the offices of the circuit or county
 1364  courts, the public defenders’ offices, the state attorneys’
 1365  offices, or those portions of the offices of the clerks of the
 1366  circuit and county courts performing court-related functions
 1367  that are used to carry out the court-related activities of those
 1368  entities. This includes upgrades and maintenance of the current
 1369  equipment, maintenance and upgrades of supporting technology
 1370  infrastructure and associated staff, and services and expenses
 1371  to assure continued information sharing and reporting of
 1372  information to the state. The counties shall also provide
 1373  additional information technology services, hardware, and
 1374  software as needed for new judges and staff of the state courts
 1375  system, state attorneys’ offices, public defenders’ offices,
 1376  guardian ad litem offices, and the offices of the clerks of the
 1377  circuit and county courts performing court-related functions.
 1378         (2) Counties shall pay reasonable and necessary salaries,
 1379  costs, and expenses of the state courts system, including
 1380  associated staff and expenses, to meet local requirements.
 1381         (a) Local requirements are those specialized programs,
 1382  nonjudicial staff, and other expenses associated with
 1383  specialized court programs, specialized prosecution needs,
 1384  specialized defense needs, or resources required of a local
 1385  jurisdiction as a result of special factors or circumstances.
 1386  Local requirements exist:
 1387         1. When imposed pursuant to an express statutory directive,
 1388  based on such factors as provided in paragraph (b); or
 1389         2. When:
 1390         a. The county has enacted an ordinance, adopted a local
 1391  program, or funded activities with a financial or operational
 1392  impact on the circuit or a county within the circuit; or
 1393         b. Circumstances in a given circuit or county result in or
 1394  necessitate implementation of specialized programs, the
 1395  provision of nonjudicial staff and expenses to specialized court
 1396  programs, special prosecution needs, specialized defense needs,
 1397  or the commitment of resources to the court’s jurisdiction.
 1398         (b) Factors and circumstances resulting in the
 1399  establishment of a local requirement include, but are not
 1400  limited to:
 1401         1. Geographic factors;
 1402         2. Demographic factors;
 1403         3. Labor market forces;
 1404         4. The number and location of court facilities; or
 1405         5. The volume, severity, complexity, or mix of court cases.
 1406         (c) Local requirements under subparagraph (a)2. must be
 1407  determined by the following method:
 1408         1. The chief judge of the circuit, in conjunction with the
 1409  state attorney and, the public defender, and the criminal
 1410  conflict and civil regional counsel only on matters that impact
 1411  only their offices, shall identify all local requirements within
 1412  the circuit or within each county in the circuit and shall
 1413  identify the reasonable and necessary salaries, costs, and
 1414  expenses to meet these local requirements.
 1415         2. On or before June 1 of each year, the chief judge shall
 1416  submit to the board of county commissioners a tentative budget
 1417  request for local requirements for the ensuing fiscal year. The
 1418  tentative budget must certify a listing of all local
 1419  requirements and the reasonable and necessary salaries, costs,
 1420  and expenses for each local requirement. The board of county
 1421  commissioners may, by resolution, require the certification to
 1422  be submitted earlier.
 1423         3. The board of county commissioners shall thereafter treat
 1424  the certification in accordance with the county’s budgetary
 1425  procedures. A board of county commissioners may:
 1426         a. Determine whether to provide funding, and to what extent
 1427  it will provide funding, for salaries, costs, and expenses under
 1428  this section;
 1429         b. Require a county finance officer to conduct a preaudit
 1430  review of any county funds provided under this section prior to
 1431  disbursement;
 1432         c. Require review or audit of funds expended under this
 1433  section by the appropriate county office; and
 1434         d. Provide additional financial support for the courts
 1435  system, state attorneys, public defenders, or criminal conflict
 1436  and civil regional counsel.
 1437         (d) Counties may satisfy these requirements by entering
 1438  into interlocal agreements for the collective funding of these
 1439  reasonable and necessary salaries, costs, and expenses.
 1440         (3) The following shall be considered a local requirement
 1441  pursuant to subparagraph (2)(a)1.:
 1442         (a) Legal aid programs, which shall be funded at a level
 1443  equal to or greater than the amount provided from filing fees
 1444  and surcharges to legal aid programs from October 1, 2002, to
 1445  September 30, 2003.
 1446         (b) Alternative sanctions coordinators pursuant to ss.
 1447  984.09 and 985.037.
 1448         (4)(a) The Department of Financial Services shall review
 1449  county expenditure reports required under s. 29.0085 for the
 1450  purpose of ensuring that counties fulfill the responsibilities
 1451  of this section. The department shall compare county fiscal
 1452  reports to determine if expenditures for the items specified in
 1453  paragraphs (1)(a)-(h) and subsection (3) have increased by 1.5
 1454  percent over the prior county fiscal year. The initial review
 1455  must compare county fiscal year 2005-2006 to county fiscal year
 1456  2004-2005. If the department finds that expenditures for the
 1457  items specified in paragraphs (1)(a)-(h) and subsection (3) have
 1458  not increased by 1.5 percent over the prior county fiscal year,
 1459  the department shall notify the President of the Senate and the
 1460  Speaker of the House of Representatives and the respective
 1461  county. The Legislature may determine that a county has met its
 1462  obligations for items specified in this section if the prior
 1463  county fiscal year included nonrecurring expenditures for
 1464  facilities or information technology that is not needed in the
 1465  next county fiscal year or expenditures or actions that enable a
 1466  county to attain efficiencies in providing services to the court
 1467  system. The Legislature may direct the Department of Revenue to
 1468  withhold revenue-sharing receipts distributed pursuant to part
 1469  II of chapter 218, except for revenues used for paying the
 1470  principal or interest on bonds, tax anticipation certificates,
 1471  or any other form of indebtedness allowed under s. 218.25(1),
 1472  (2), or (4), from any county that is not in compliance with the
 1473  funding obligations in this section by an amount equal to the
 1474  difference between the amount spent and the amount that would
 1475  have been spent had the county increased expenditures by 1.5
 1476  percent per year.
 1477         (b) The department shall transfer the withheld payments to
 1478  the General Revenue Fund by March 31 of each year for the
 1479  previous county fiscal year. These payments are appropriated to
 1480  the Department of Revenue to pay for these responsibilities on
 1481  behalf of the county.
 1482         Section 16. Section 29.0095, Florida Statutes, is repealed.
 1483         Section 17. Section 29.0195, Florida Statutes, is amended
 1484  to read:
 1485         29.0195 Recovery of expenditures for state-funded
 1486  services.—The trial court administrator of each circuit shall
 1487  recover expenditures for state-funded services when those
 1488  services have been furnished to a user of the state court system
 1489  who possesses the present ability to pay. The rate of
 1490  compensation for such services shall be the actual cost of the
 1491  services, including the cost of recovery. The trial court
 1492  administrator shall deposit moneys recovered under this section
 1493  in the Administrative Operating Trust Fund within the state
 1494  courts court system. The trial court administrator shall recover
 1495  the costs of court reporter services and transcription; court
 1496  interpreter services, including translation; and any other
 1497  service for which state funds were used to provide a product or
 1498  service within the circuit. This section does not authorize cost
 1499  recovery from entities described in ss. 29.005, 29.006, and
 1500  29.007.
 1501         Section 18. Paragraph (a) of subsection (1) of section
 1502  34.041, Florida Statutes, is amended to read:
 1503         34.041 Filing fees.—
 1504         (1)(a) Upon the institution of any civil action, suit, or
 1505  proceeding in county court, the party shall pay the following
 1506  filing fee, not to exceed:
 1507         1. For all claims less than $100.....................$50.
 1508         2. For all claims of $100 or more but not more than $500$75.
 1509         3. For all claims of more than $500 but not more than
 1510  $2,500.....................................................$170.
 1511         4. For all claims of more than $2,500...............$295.
 1512         5. In addition, for all proceedings of garnishment,
 1513  attachment, replevin, and distress..........................$85.
 1514         6. Notwithstanding subparagraphs 3. and 5., for all claims
 1515  of not more than $1,000 filed simultaneously with an action for
 1516  replevin of property that is the subject of the claim......$125.
 1517         7. For removal of tenant action.....................$180.
 1518  
 1519  The filing fee prescribed in subparagraph 6. is the total fee
 1520  due under this paragraph for that type of filing. No other
 1521  filing fee under this paragraph shall be assessed against such a
 1522  filing.
 1523         Section 19. Subsection (6) of section 35.22, Florida
 1524  Statutes, is amended to read:
 1525         35.22 Clerk of district court; appointment; compensation;
 1526  assistants; filing fees; teleconferencing.—
 1527         (6) The clerk of each district court of appeal is required
 1528  to deposit all fees collected in the State Treasury to the
 1529  credit of the General Revenue Fund, except that $50 of each $300
 1530  filing fee collected shall be deposited into the State Courts
 1531  Revenue state court’s Operating Trust Fund to fund court
 1532  operations improvement projects as authorized in the General
 1533  Appropriations Act. The clerk shall retain an accounting of each
 1534  such remittance.
 1535         Section 20. Section 39.0134, Florida Statutes, is amended
 1536  to read:
 1537         39.0134 Appointed counsel; compensation.—
 1538         (1) If counsel is entitled to receive compensation for
 1539  representation pursuant to a court appointment in a dependency
 1540  proceeding or a termination of parental rights proceeding
 1541  pursuant to this chapter, compensation shall be paid in
 1542  accordance with s. 27.5304. The state may acquire and enforce a
 1543  lien upon court-ordered payment of attorney’s fees and costs in
 1544  the same manner prescribed in s. 938.29 accordance with s.
 1545  984.08.
 1546         (2)(a) A parent whose child is dependent, whether or not
 1547  adjudication was withheld, or whose parental rights are
 1548  terminated and who has received the assistance of the office of
 1549  criminal conflict and civil regional counsel, or any other
 1550  court-appointed attorney, or who has received due process
 1551  services after being found indigent for costs under s. 57.082,
 1552  shall be liable for payment of the assessed application fee
 1553  under s. 57.082, together with reasonable attorney’s fees and
 1554  costs as determined by the court.
 1555         (b) If reasonable attorney’s fees or costs are assessed,
 1556  the court, at its discretion, may make payment of the fees or
 1557  costs part of any case plan in dependency proceedings. However,
 1558  a case plan may not remain open for the sole issue of payment of
 1559  attorney’s fees or costs. At the courts discretion, a lien upon
 1560  court-ordered payment of attorney’s fees and costs may be
 1561  ordered by the court and enforced in the same manner prescribed
 1562  in s. 938.29.
 1563         (c) The clerk of the court shall transfer monthly all
 1564  attorney’s fees and costs collected under this subsection to the
 1565  Department of Revenue for deposit into the Indigent Civil
 1566  Defense Trust Fund, to be used as appropriated by the
 1567  Legislature and consistent with s. 27.5111.
 1568         Section 21. Subsection (1) of section 39.821, Florida
 1569  Statutes, is amended to read:
 1570         39.821 Qualifications of guardians ad litem.—
 1571         (1) Because of the special trust or responsibility placed
 1572  in a guardian ad litem, the Guardian Ad Litem Program may use
 1573  any private funds collected by the program, or any state funds
 1574  so designated, to conduct a security background investigation
 1575  before certifying a volunteer to serve. A security background
 1576  investigation must include, but need not be limited to,
 1577  employment history checks, checks of references, local criminal
 1578  records checks through local law enforcement agencies, and
 1579  statewide criminal records checks through the Department of Law
 1580  Enforcement. Upon request, an employer shall furnish a copy of
 1581  the personnel record for the employee or former employee who is
 1582  the subject of a security background investigation conducted
 1583  under this section. The information contained in the personnel
 1584  record may include, but need not be limited to, disciplinary
 1585  matters and the reason why the employee was terminated from
 1586  employment. An employer who releases a personnel record for
 1587  purposes of a security background investigation is presumed to
 1588  have acted in good faith and is not liable for information
 1589  contained in the record without a showing that the employer
 1590  maliciously falsified the record. A security background
 1591  investigation conducted under this section must ensure that a
 1592  person is not certified as a guardian ad litem if the person has
 1593  been convicted of, regardless of adjudication, or entered a plea
 1594  of nolo contendere or guilty to, any offense prohibited under
 1595  the provisions listed in s. 435.04 of the Florida Statutes
 1596  specified in s. 435.04(2) or under any similar law in another
 1597  jurisdiction. Effective July 1, 2010, all applicants must
 1598  undergo a level 2 background screening pursuant to chapter 435
 1599  before being certified Before certifying an applicant to serve
 1600  as a guardian ad litem, and the Guardian Ad Litem Program may
 1601  request a federal criminal records check of the applicant
 1602  through the Federal Bureau of Investigation. In analyzing and
 1603  evaluating the information obtained in the security background
 1604  investigation, the program must give particular emphasis to past
 1605  activities involving children, including, but not limited to,
 1606  child-related criminal offenses or child abuse. The program has
 1607  the sole discretion in determining whether to certify a person
 1608  based on his or her security background investigation. The
 1609  information collected pursuant to the security background
 1610  investigation is confidential and exempt from s. 119.07(1).
 1611         Section 22. Subsections (1) and (5) of section 57.082,
 1612  Florida Statutes, are amended to read:
 1613         57.082 Determination of civil indigent status.—
 1614         (1) APPLICATION TO THE CLERK.—A person seeking appointment
 1615  of an attorney in a civil case eligible for court-appointed
 1616  counsel, or seeking relief from payment of filing fees and
 1617  prepayment of costs under s. 57.081, based upon an inability to
 1618  pay must apply to the clerk of the court for a determination of
 1619  civil indigent status using an application form developed by the
 1620  Florida Clerks of Court Operations Corporation with final
 1621  approval by the Supreme Court.
 1622         (a) The application must include, at a minimum, the
 1623  following financial information:
 1624         1. Net income, consisting of total salary and wages, minus
 1625  deductions required by law, including court-ordered support
 1626  payments.
 1627         2. Other income, including, but not limited to, social
 1628  security benefits, union funds, veterans’ benefits, workers’
 1629  compensation, other regular support from absent family members,
 1630  public or private employee pensions, unemployment compensation,
 1631  dividends, interest, rent, trusts, and gifts.
 1632         3. Assets, including, but not limited to, cash, savings
 1633  accounts, bank accounts, stocks, bonds, certificates of deposit,
 1634  equity in real estate, and equity in a boat or a motor vehicle
 1635  or in other tangible property.
 1636         4. All liabilities and debts.
 1637  
 1638  The application must include a signature by the applicant which
 1639  attests to the truthfulness of the information provided. The
 1640  application form developed by the corporation must include
 1641  notice that the applicant may seek court review of a clerk’s
 1642  determination that the applicant is not indigent, as provided in
 1643  this section.
 1644         (b) The clerk shall assist a person who appears before the
 1645  clerk and requests assistance in completing the application, and
 1646  the clerk shall notify the court if a person is unable to
 1647  complete the application after the clerk has provided
 1648  assistance.
 1649         (c) The clerk shall accept an application that is signed by
 1650  the applicant and submitted on his or her behalf by a private
 1651  attorney who is representing the applicant in the applicable
 1652  matter.
 1653         (d) A person who seeks appointment of an attorney in a
 1654  proceeding case under chapter 39, at shelter hearings or during
 1655  the adjudicatory process, during the judicial review process,
 1656  upon the filing of a petition to terminate parental rights, or
 1657  upon the filing of any appeal, or if the person seeks
 1658  appointment of an attorney in a reopened proceeding the trial or
 1659  appellate level, for which an indigent person is eligible for
 1660  court-appointed representation must, shall pay a $50 application
 1661  fee to the clerk for each application filed. A person is not
 1662  required to pay more than one application fee per case. However,
 1663  an appeal or the reopening of a proceeding shall be deemed to be
 1664  a distinct case. The applicant must shall pay the fee within 7
 1665  days after submitting the application. If the applicant has not
 1666  paid the fee within 7 days, the court shall enter an order
 1667  requiring payment, and the clerk shall pursue collection under
 1668  s. 28.246. The clerk shall transfer monthly all application fees
 1669  collected under this paragraph to the Department of Revenue for
 1670  deposit into the Indigent Civil Defense Trust Fund, to be used
 1671  as appropriated by the Legislature. The clerk may retain 10
 1672  percent of application fees collected monthly for administrative
 1673  costs prior to remitting the remainder to the Department of
 1674  Revenue. A person found to be indigent may not be refused
 1675  counsel. If the person cannot pay the application fee, the clerk
 1676  shall enroll the person in a payment plan pursuant to s. 28.246.
 1677         (5) APPOINTMENT OF COUNSEL.—In appointing counsel after a
 1678  determination that a person is indigent under this section, the
 1679  court shall first appoint the office of criminal conflict and
 1680  civil regional counsel, as provided in s. 27.511, unless
 1681  specific provision is made in law for the appointment of the
 1682  public defender in the particular civil proceeding. The court
 1683  shall also order the person to pay the application fee under
 1684  subsection (1), or enroll in a payment plan if he or she is
 1685  unable to pay the fee, if the fee remains unpaid or if the
 1686  person has not enrolled in a payment plan at the time the court
 1687  appoints counsel. However, a person who is found to be indigent
 1688  may not be refused counsel.
 1689         Section 23. Subsection (2) of section 316.192, Florida
 1690  Statutes, is amended to read:
 1691         316.192 Reckless driving.—
 1692         (2) Except as provided in subsection (3), any person
 1693  convicted of reckless driving shall be punished:
 1694         (a) Upon a first conviction, by imprisonment for a period
 1695  of not more than 90 days or by fine of not less than $100 $25
 1696  nor more than $500, or by both such fine and imprisonment.
 1697         (b) On a second or subsequent conviction, by imprisonment
 1698  for not more than 6 months or by a fine of not less than $200
 1699  $50 nor more than $1,000, or by both such fine and imprisonment.
 1700         Section 24. Effective October 1, 2010, subsection (4) of
 1701  section 320.02, Florida Statutes, is amended to read:
 1702         320.02 Registration required; application for registration;
 1703  forms.—
 1704         (4) The owner of any motor vehicle registered in the state
 1705  shall notify the department in writing of any change of address
 1706  within 60 20 days after of such change. The notification shall
 1707  include the registration license plate number, the vehicle
 1708  identification number (VIN) or title certificate number, year of
 1709  vehicle make, and the owner’s full name.
 1710         Section 25. Effective October 1, 2010, section 320.061,
 1711  Florida Statutes, is amended to read:
 1712         320.061 Unlawful to alter motor vehicle registration
 1713  certificates, license plates, mobile home stickers, or
 1714  validation stickers or to obscure license plates; penalty.—No
 1715  person shall alter the original appearance of any registration
 1716  license plate, mobile home sticker, validation sticker, or
 1717  vehicle registration certificate issued for and assigned to any
 1718  motor vehicle or mobile home, whether by mutilation, alteration,
 1719  defacement, or change of color or in any other manner. No person
 1720  shall apply or attach any substance, reflective matter,
 1721  illuminated device, spray, coating, covering, or other material
 1722  onto or around any license plate that interferes with the
 1723  legibility, angular visibility, or detectability of any feature
 1724  or detail on the license plate or interferes with the ability to
 1725  record any feature or detail on the license plate. Any person
 1726  who violates this section commits a noncriminal traffic
 1727  infraction, punishable as a moving violation as provided in
 1728  chapter 318 misdemeanor of the second degree, punishable as
 1729  provided in s. 775.082 or s. 775.083.
 1730         Section 26. Effective October 1, 2010, subsection (3) of
 1731  section 320.131, Florida Statutes, is amended to read:
 1732         320.131 Temporary tags.—
 1733         (3) Any person or corporation who unlawfully issues or uses
 1734  a temporary tag or violates this section or any rule adopted by
 1735  the department to implement this section is guilty of a
 1736  noncriminal infraction, punishable as a moving violation as
 1737  provided in chapter 318 misdemeanor of the second degree
 1738  punishable as provided in s. 775.082 or s. 775.083 in addition
 1739  to other administrative action by the department., except that
 1740  Using a temporary tag that has been expired for a period of 7
 1741  days or less is a noncriminal infraction, and is a nonmoving
 1742  violation punishable as provided for in chapter 318.
 1743         Section 27. Effective October 1, 2010, section 320.38,
 1744  Florida Statutes, is amended to read:
 1745         320.38 When nonresident exemption not allowed.—The
 1746  provisions of s. 320.37 authorizing the operation of motor
 1747  vehicles over the roads of this state by nonresidents of this
 1748  state when such vehicles are duly registered or licensed under
 1749  the laws of some other state or foreign country do not apply to
 1750  any nonresident who accepts employment or engages in any trade,
 1751  profession, or occupation in this state, except a nonresident
 1752  migrant or seasonal farm worker as defined in s. 316.003(61). In
 1753  every case in which a nonresident, except a nonresident migrant
 1754  or seasonal farm worker as defined in s. 316.003(61), accepts
 1755  employment or engages in any trade, profession, or occupation in
 1756  this state or enters his or her children to be educated in the
 1757  public schools of this state, such nonresident shall, within 60
 1758  10 days after the commencement of such employment or education,
 1759  register his or her motor vehicles in this state if such motor
 1760  vehicles are proposed to be operated on the roads of this state.
 1761  Any person who is enrolled as a student in a college or
 1762  university and who is a nonresident but who is in this state for
 1763  a period of up to 6 months engaged in a work-study program for
 1764  which academic credits are earned from a college whose credits
 1765  or degrees are accepted for credit by at least three accredited
 1766  institutions of higher learning, as defined in s. 1005.02, is
 1767  not required to have a Florida registration for the duration of
 1768  the work-study program if the person’s vehicle is properly
 1769  registered in another jurisdiction. Any nonresident who is
 1770  enrolled as a full-time student in such institution of higher
 1771  learning is also exempt for the duration of such enrollment.
 1772         Section 28. Effective October 1, 2010, subsections (1) and
 1773  (5) of section 322.03, Florida Statutes, are amended to read:
 1774         322.03 Drivers must be licensed; penalties.—
 1775         (1) Except as otherwise authorized in this chapter, a
 1776  person may not drive any motor vehicle upon a highway in this
 1777  state unless such person has a valid driver’s license issued
 1778  under this chapter.
 1779         (a) A person who drives a commercial motor vehicle may not
 1780  receive a driver’s license unless and until he or she surrenders
 1781  to the department all driver’s licenses in his or her possession
 1782  issued to him or her by any other jurisdiction or makes an
 1783  affidavit that he or she does not possess a driver’s license.
 1784  Any such person who fails to surrender such licenses commits a
 1785  noncriminal infraction punishable as a moving violation as set
 1786  forth in chapter 318. Any such person or who makes a false
 1787  affidavit concerning such licenses commits a misdemeanor of the
 1788  first degree, punishable as provided in s. 775.082 or s.
 1789  775.083.
 1790         (b) All surrendered licenses may be returned by the
 1791  department to the issuing jurisdiction together with information
 1792  that the licensee is now licensed in a new jurisdiction or may
 1793  be destroyed by the department, which shall notify the issuing
 1794  jurisdiction of such destruction. A person may not have more
 1795  than one valid driver’s license at any time.
 1796         (c) Part-time residents of this state issued a license that
 1797  is valid within this state only under paragraph (b) as that
 1798  paragraph existed before November 1, 2009, may continue to hold
 1799  such license until the next issuance of a Florida driver’s
 1800  license or identification card. Licenses that are identified as
 1801  “Valid in Florida Only” may not be issued or renewed effective
 1802  November 1, 2009. This paragraph expires June 30, 2017.
 1803         (5) It is a violation of this section for any person whose
 1804  driver’s license has been expired for more than 6 4 months to
 1805  operate a motor vehicle on the highways of this state.
 1806         Section 29. Effective October 1, 2010, subsections (5) and
 1807  (6) of section 322.16, Florida Statutes, are amended to read:
 1808         322.16 License restrictions.—
 1809         (5)It is a misdemeanor of the second degree, punishable as
 1810  provided in s. 775.082 or s. 775.083, for any person to operate
 1811  a motor vehicle in any manner in violation of the restrictions
 1812  imposed in a license issued to him or her except for a violation
 1813  of paragraph (1)(d), subsection (2), or subsection (3).
 1814         (5)(6) Any person who operates a motor vehicle in violation
 1815  of the restrictions imposed in this section subsection (2) or
 1816  subsection (3) will be charged with a moving violation and fined
 1817  in accordance with chapter 318.
 1818         Section 30. Paragraph (a) of subsection (2) of section
 1819  394.4599, Florida Statutes, is amended to read:
 1820         394.4599 Notice.—
 1821         (2) INVOLUNTARY PATIENTS.—
 1822         (a) Whenever notice is required to be given under this
 1823  part, such notice shall be given to the patient and the
 1824  patient’s guardian, guardian advocate, attorney, and
 1825  representative.
 1826         1. When notice is required to be given to a patient, it
 1827  shall be given both orally and in writing, in the language and
 1828  terminology that the patient can understand, and, if needed, the
 1829  facility shall provide an interpreter for the patient.
 1830         2. Notice to a patient’s guardian, guardian advocate,
 1831  attorney, and representative shall be given by United States
 1832  mail and by registered or certified mail with the receipts
 1833  attached to the patient’s clinical record. Hand delivery by a
 1834  facility employee may be used as an alternative, with delivery
 1835  documented in the clinical record. If notice is given by a state
 1836  attorney or an attorney for the department, a certificate of
 1837  service shall be sufficient to document service.
 1838         Section 31. Subsection (3) of section 394.4615, Florida
 1839  Statutes, is amended to read:
 1840         394.4615 Clinical records; confidentiality.—
 1841         (3) Information from the clinical record may be released in
 1842  the following circumstances:
 1843         (a) When a patient has declared an intention to harm other
 1844  persons. When such declaration has been made, the administrator
 1845  may authorize the release of sufficient information to provide
 1846  adequate warning to the person threatened with harm by the
 1847  patient.
 1848         (b) When the administrator of the facility or secretary of
 1849  the department deems release to a qualified researcher as
 1850  defined in administrative rule, an aftercare treatment provider,
 1851  or an employee or agent of the department is necessary for
 1852  treatment of the patient, maintenance of adequate records,
 1853  compilation of treatment data, aftercare planning, or evaluation
 1854  of programs.
 1855  
 1856  For the purpose of determining whether a person meets the
 1857  criteria for involuntary outpatient placement or for preparing
 1858  the proposed treatment plan pursuant to s. 394.4655, the
 1859  clinical record may be released to the state attorney, the
 1860  public defender or the patient’s private legal counsel, the
 1861  court, and to the appropriate mental health professionals,
 1862  including the service provider identified in s.
 1863  394.4655(6)(b)2., in accordance with state and federal law.
 1864         Section 32. Paragraph (c) of subsection (3), paragraph (a)
 1865  of subsection (6), and paragraph (a) of subsection (7) of
 1866  section 394.4655, Florida Statutes, are amended to read:
 1867         394.4655 Involuntary outpatient placement.—
 1868         (3) PETITION FOR INVOLUNTARY OUTPATIENT PLACEMENT.—
 1869         (c) The petition for involuntary outpatient placement must
 1870  be filed in the county where the patient is located, unless the
 1871  patient is being placed from a state treatment facility, in
 1872  which case the petition must be filed in the county where the
 1873  patient will reside. When the petition has been filed, the clerk
 1874  of the court shall provide copies of the petition and the
 1875  proposed treatment plan to the department, the patient, the
 1876  patient’s guardian or representative, the state attorney, and
 1877  the public defender or the patient’s private counsel. A fee may
 1878  not be charged for filing a petition under this subsection.
 1879         (6) HEARING ON INVOLUNTARY OUTPATIENT PLACEMENT.—
 1880         (a)1. The court shall hold the hearing on involuntary
 1881  outpatient placement within 5 working days after the filing of
 1882  the petition, unless a continuance is granted. The hearing shall
 1883  be held in the county where the petition is filed, shall be as
 1884  convenient to the patient as is consistent with orderly
 1885  procedure, and shall be conducted in physical settings not
 1886  likely to be injurious to the patient’s condition. If the court
 1887  finds that the patient’s attendance at the hearing is not
 1888  consistent with the best interests of the patient and if the
 1889  patient’s counsel does not object, the court may waive the
 1890  presence of the patient from all or any portion of the hearing.
 1891  The state attorney for the circuit in which the patient is
 1892  located shall represent the state, rather than the petitioner,
 1893  as the real party in interest in the proceeding.
 1894         2. The court may appoint a master to preside at the
 1895  hearing. One of the professionals who executed the involuntary
 1896  outpatient placement certificate shall be a witness. The patient
 1897  and the patient’s guardian or representative shall be informed
 1898  by the court of the right to an independent expert examination.
 1899  If the patient cannot afford such an examination, the court
 1900  shall provide for one. The independent expert’s report shall be
 1901  confidential and not discoverable, unless the expert is to be
 1902  called as a witness for the patient at the hearing. The court
 1903  shall allow testimony from individuals, including family
 1904  members, deemed by the court to be relevant under state law,
 1905  regarding the person’s prior history and how that prior history
 1906  relates to the person’s current condition. The testimony in the
 1907  hearing must be given under oath, and the proceedings must be
 1908  recorded. The patient may refuse to testify at the hearing.
 1909         (7) PROCEDURE FOR CONTINUED INVOLUNTARY OUTPATIENT
 1910  PLACEMENT.—
 1911         (a)1. If the person continues to meet the criteria for
 1912  involuntary outpatient placement, the service provider shall,
 1913  before the expiration of the period during which the treatment
 1914  is ordered for the person, file in the circuit court a petition
 1915  for continued involuntary outpatient placement.
 1916         2. The existing involuntary outpatient placement order
 1917  remains in effect until disposition on the petition for
 1918  continued involuntary outpatient placement.
 1919         3. A certificate shall be attached to the petition which
 1920  includes a statement from the person’s physician or clinical
 1921  psychologist justifying the request, a brief description of the
 1922  patient’s treatment during the time he or she was involuntarily
 1923  placed, and an individualized plan of continued treatment.
 1924         4. The service provider shall develop the individualized
 1925  plan of continued treatment in consultation with the patient or
 1926  the patient’s guardian advocate, if appointed. When the petition
 1927  has been filed, the clerk of the court shall provide copies of
 1928  the certificate and the individualized plan of continued
 1929  treatment to the department, the patient, the patient’s guardian
 1930  advocate, the state attorney, and the patient’s private counsel
 1931  or the public defender.
 1932         Section 33. Subsection (3) and paragraph (a) of subsection
 1933  (6) of section 394.467, Florida Statutes, are amended to read:
 1934         394.467 Involuntary inpatient placement.—
 1935         (3) PETITION FOR INVOLUNTARY INPATIENT PLACEMENT.—The
 1936  administrator of the facility shall file a petition for
 1937  involuntary inpatient placement in the court in the county where
 1938  the patient is located. Upon filing, the clerk of the court
 1939  shall provide copies to the department, the patient, the
 1940  patient’s guardian or representative, and the state attorney and
 1941  public defender of the judicial circuit in which the patient is
 1942  located. No fee shall be charged for the filing of a petition
 1943  under this subsection.
 1944         (6) HEARING ON INVOLUNTARY INPATIENT PLACEMENT.—
 1945         (a)1. The court shall hold the hearing on involuntary
 1946  inpatient placement within 5 days, unless a continuance is
 1947  granted. The hearing shall be held in the county where the
 1948  patient is located and shall be as convenient to the patient as
 1949  may be consistent with orderly procedure and shall be conducted
 1950  in physical settings not likely to be injurious to the patient’s
 1951  condition. If the court finds that the patient’s attendance at
 1952  the hearing is not consistent with the best interests of the
 1953  patient, and the patient’s counsel does not object, the court
 1954  may waive the presence of the patient from all or any portion of
 1955  the hearing. The state attorney for the circuit in which the
 1956  patient is located shall represent the state, rather than the
 1957  petitioning facility administrator, as the real party in
 1958  interest in the proceeding.
 1959         2. The court may appoint a general or special magistrate to
 1960  preside at the hearing. One of the professionals who executed
 1961  the involuntary inpatient placement certificate shall be a
 1962  witness. The patient and the patient’s guardian or
 1963  representative shall be informed by the court of the right to an
 1964  independent expert examination. If the patient cannot afford
 1965  such an examination, the court shall provide for one. The
 1966  independent expert’s report shall be confidential and not
 1967  discoverable, unless the expert is to be called as a witness for
 1968  the patient at the hearing. The testimony in the hearing must be
 1969  given under oath, and the proceedings must be recorded. The
 1970  patient may refuse to testify at the hearing.
 1971         Section 34. Paragraph (d) of subsection (9) of section
 1972  775.082, Florida Statutes, is amended to read:
 1973         775.082 Penalties; applicability of sentencing structures;
 1974  mandatory minimum sentences for certain reoffenders previously
 1975  released from prison.—
 1976         (9)
 1977         (d)1. It is the intent of the Legislature that offenders
 1978  previously released from prison who meet the criteria in
 1979  paragraph (a) be punished to the fullest extent of the law and
 1980  as provided in this subsection, unless the state attorney
 1981  determines that extenuating circumstances exist which preclude
 1982  the just prosecution of the offender, including whether the
 1983  victim recommends that the offender not be sentenced as provided
 1984  in this subsection.
 1985         2.For every case in which the offender meets the criteria
 1986  in paragraph (a) and does not receive the mandatory minimum
 1987  prison sentence, the state attorney must explain the sentencing
 1988  deviation in writing and place such explanation in the case file
 1989  maintained by the state attorney. On an annual basis, each state
 1990  attorney shall submit copies of deviation memoranda regarding
 1991  offenses committed on or after the effective date of this
 1992  subsection, to the president of the Florida Prosecuting
 1993  Attorneys Association, Inc. The association must maintain such
 1994  information, and make such information available to the public
 1995  upon request, for at least a 10-year period.
 1996         Section 35. Subsection (1) of section 775.083, Florida
 1997  Statutes, is amended to read:
 1998         775.083 Fines.—
 1999         (1) A person who has been convicted of an offense other
 2000  than a capital felony may be sentenced to pay a fine in addition
 2001  to any punishment described in s. 775.082; when specifically
 2002  authorized by statute, he or she may be sentenced to pay a fine
 2003  in lieu of any punishment described in s. 775.082. A person who
 2004  has been convicted of a noncriminal violation may be sentenced
 2005  to pay a fine. Fines for designated crimes and for noncriminal
 2006  violations shall not exceed:
 2007         (a) $15,000, when the conviction is of a life felony.
 2008         (b) $10,000, when the conviction is of a felony of the
 2009  first or second degree.
 2010         (c) $5,000, when the conviction is of a felony of the third
 2011  degree.
 2012         (d) $1,000, when the conviction is of a misdemeanor of the
 2013  first degree.
 2014         (e) $500, when the conviction is of a misdemeanor of the
 2015  second degree or a noncriminal violation.
 2016         (f) Any higher amount equal to double the pecuniary gain
 2017  derived from the offense by the offender or double the pecuniary
 2018  loss suffered by the victim.
 2019         (g) Any higher amount specifically authorized by statute.
 2020  
 2021  Fines imposed in this subsection shall be deposited by the clerk
 2022  of the court in the fine and forfeiture fund established
 2023  pursuant to s. 142.01, except that the clerk shall remit fines
 2024  imposed when adjudication is withheld to the Department of
 2025  Revenue for deposit shall be deposited in the General Revenue
 2026  Fund State Courts Revenue Trust Fund, and such fines imposed
 2027  when adjudication is withheld are not revenue for purposes of s.
 2028  28.36 and may not be used in establishing the budget of the
 2029  clerk of the court under that section or s. 28.35. If a
 2030  defendant is unable to pay a fine, the court may defer payment
 2031  of the fine to a date certain. As used in this subsection, the
 2032  term “convicted” or “conviction” means a determination of guilt
 2033  which is the result of a trial or the entry of a plea of guilty
 2034  or nolo contendere, regardless of whether adjudication is
 2035  withheld.
 2036         Section 36. Section 775.08401, Florida Statutes, is
 2037  repealed.
 2038         Section 37. Subsection (5) of section 775.087, Florida
 2039  Statutes, is repealed.
 2040         Section 38. Subsection (5) of section 775.0843, Florida
 2041  Statutes, is amended to read:
 2042         775.0843 Policies to be adopted for career criminal cases.—
 2043         (5) Each career criminal apprehension program shall
 2044  concentrate on the identification and arrest of career criminals
 2045  and the support of subsequent prosecution. The determination of
 2046  which suspected felony offenders shall be the subject of career
 2047  criminal apprehension efforts shall be made in accordance with
 2048  written target selection criteria selected by the individual law
 2049  enforcement agency and state attorney consistent with the
 2050  provisions of this section and s. ss. 775.08401 and 775.0842.
 2051         Section 39. Section 938.06, Florida Statutes, is amended to
 2052  read:
 2053         938.06 Additional Cost for crime stoppers programs.—
 2054         (1) In addition to any fine prescribed by law, when a
 2055  person is convicted of for any criminal offense, the county or
 2056  circuit court shall assess there is hereby assessed as a court
 2057  cost an additional surcharge of $20 on such fine, which shall be
 2058  imposed by all county and circuit courts and collected by the
 2059  clerks of the courts together with such fine.
 2060         (2) The clerk of the court shall collect and forward, on a
 2061  monthly basis, all costs assessed under this section, less $3
 2062  per assessment as a service charge to be retained by the clerk,
 2063  to the Department of Revenue for deposit in the Crime Stoppers
 2064  Trust Fund, to be used as provided in s. 16.555.
 2065         (3) As used in this section, the term “convicted” means a
 2066  determination of guilt which is the result of a trial or the
 2067  entry of a plea of guilty or nolo contendere, regardless of
 2068  whether adjudication is withheld.
 2069         Section 40. Section 939.08, Florida Statutes, is amended to
 2070  read:
 2071         939.08 Costs to be certified before audit.—In all cases
 2072  wherein is claimed the payment of applicable bills of costs,
 2073  fees, or expenses of the state courts system as provided in s.
 2074  29.004, other than juror and witness fees, in the adjudication
 2075  of any case payable by the state, the trial court administrator
 2076  or the administrator’s designee shall review the itemized bill.
 2077  The bill shall not be paid until the trial court administrator
 2078  or the administrator’s designee has approved it and certified
 2079  that it is just, correct, and reasonable and contains no
 2080  unnecessary or illegal item.
 2081         Section 41. Paragraph (a) of subsection (1) of section
 2082  939.185, Florida Statutes, is amended to read:
 2083         939.185 Assessment of additional court costs and
 2084  surcharges.—
 2085         (1)(a) The board of county commissioners may adopt by
 2086  ordinance an additional court cost, not to exceed $65, to be
 2087  imposed by the court when a person pleads guilty or nolo
 2088  contendere to, or is found guilty of, or adjudicated delinquent
 2089  for, any felony, misdemeanor, delinquent act, or criminal
 2090  traffic offense under the laws of this state. Such additional
 2091  assessment shall be accounted for separately by the county in
 2092  which the offense occurred and be used only in the county
 2093  imposing this cost, to be allocated as follows:
 2094         1. Twenty-five percent of the amount collected shall be
 2095  allocated to fund innovations, as determined by the chief judge
 2096  of the circuit, to supplement state funding for the elements of
 2097  the state courts system identified in s. 29.004 and county
 2098  funding for local requirements under s. 29.008(2)(a)2.
 2099         2. Twenty-five percent of the amount collected shall be
 2100  allocated to assist counties in providing legal aid programs
 2101  required under s. 29.008(3)(a).
 2102         3. Twenty-five percent of the amount collected shall be
 2103  allocated to fund personnel and legal materials for the public
 2104  as part of a law library.
 2105         4. Twenty-five percent of the amount collected shall be
 2106  used as determined by the board of county commissioners to
 2107  support teen court programs, except as provided in s. 938.19(7),
 2108  juvenile assessment centers, and other juvenile alternative
 2109  programs.
 2110  
 2111  Each county receiving funds under this section shall report the
 2112  amount of funds collected pursuant to this section and an
 2113  itemized list of expenditures for all authorized programs and
 2114  activities. The report shall be submitted in a format developed
 2115  by the Supreme Court to the Governor, the Chief Financial
 2116  Officer, the President of the Senate, and the Speaker of the
 2117  House of Representatives on a quarterly basis beginning with the
 2118  quarter ending September 30, 2004. Quarterly reports shall be
 2119  submitted no later than 30 days after the end of the quarter.
 2120  Any unspent funds at the close of the county fiscal year
 2121  allocated under subparagraphs 2., 3., and 4., shall be
 2122  transferred for use pursuant to subparagraph 1.
 2123         Section 42. Subsection (15) is added to section 943.03,
 2124  Florida Statutes, to read:
 2125         943.03 Department of Law Enforcement.—
 2126         (15) The Department of Law Enforcement, in consultation
 2127  with the Criminal and Juvenile Justice Information Systems
 2128  Council established in s. 943.06, shall modify the existing
 2129  statewide uniform statute table in its criminal history system
 2130  to meet the business requirements of state and local criminal
 2131  justice and law enforcement agencies. In order to accomplish
 2132  this objective, the department shall:
 2133         (a) Define the minimum business requirements necessary for
 2134  successful implementation;
 2135         (b) Consider the charging and booking requirements of
 2136  sheriffs’ offices and police departments and the business
 2137  requirements of state attorneys, public defenders, criminal
 2138  conflict and civil regional counsel, clerks of court, judges,
 2139  and state law enforcement agencies; and
 2140         (c) Adopt rules establishing the necessary technical and
 2141  business process standards required to implement, operate, and
 2142  ensure uniform system use and compliance.
 2143  
 2144  The required system modifications and adopted rules shall be
 2145  implemented by December 31, 2011.
 2146         Section 43. Paragraph (b) of subsection (3) of section
 2147  943.053, Florida Statutes, is amended to read:
 2148         943.053 Dissemination of criminal justice information;
 2149  fees.—
 2150         (3)
 2151         (b) The fee per record for criminal history information
 2152  provided pursuant to this subsection and s. 943.0542 is $24 per
 2153  name submitted, except that the fee for the guardian ad litem
 2154  program and vendors of the Department of Children and Family
 2155  Services, the Department of Juvenile Justice, and the Department
 2156  of Elderly Affairs shall be $8 for each name submitted; the fee
 2157  for a state criminal history provided for application processing
 2158  as required by law to be performed by the Department of
 2159  Agriculture and Consumer Services shall be $15 for each name
 2160  submitted; and the fee for requests under s. 943.0542, which
 2161  implements the National Child Protection Act, shall be $18 for
 2162  each volunteer name submitted. The state offices of the Public
 2163  Defender shall not be assessed a fee for Florida criminal
 2164  history information or wanted person information.
 2165         Section 44. Subsection (2) of section 943.0585, Florida
 2166  Statutes, is amended to read:
 2167         943.0585 Court-ordered expunction of criminal history
 2168  records.—The courts of this state have jurisdiction over their
 2169  own procedures, including the maintenance, expunction, and
 2170  correction of judicial records containing criminal history
 2171  information to the extent such procedures are not inconsistent
 2172  with the conditions, responsibilities, and duties established by
 2173  this section. Any court of competent jurisdiction may order a
 2174  criminal justice agency to expunge the criminal history record
 2175  of a minor or an adult who complies with the requirements of
 2176  this section. The court shall not order a criminal justice
 2177  agency to expunge a criminal history record until the person
 2178  seeking to expunge a criminal history record has applied for and
 2179  received a certificate of eligibility for expunction pursuant to
 2180  subsection (2). A criminal history record that relates to a
 2181  violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
 2182  s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s.
 2183  827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.
 2184  893.135, s. 916.1075, a violation enumerated in s. 907.041, or
 2185  any violation specified as a predicate offense for registration
 2186  as a sexual predator pursuant to s. 775.21, without regard to
 2187  whether that offense alone is sufficient to require such
 2188  registration, or for registration as a sexual offender pursuant
 2189  to s. 943.0435, may not be expunged, without regard to whether
 2190  adjudication was withheld, if the defendant was found guilty of
 2191  or pled guilty or nolo contendere to the offense, or if the
 2192  defendant, as a minor, was found to have committed, or pled
 2193  guilty or nolo contendere to committing, the offense as a
 2194  delinquent act. The court may only order expunction of a
 2195  criminal history record pertaining to one arrest or one incident
 2196  of alleged criminal activity, except as provided in this
 2197  section. The court may, at its sole discretion, order the
 2198  expunction of a criminal history record pertaining to more than
 2199  one arrest if the additional arrests directly relate to the
 2200  original arrest. If the court intends to order the expunction of
 2201  records pertaining to such additional arrests, such intent must
 2202  be specified in the order. A criminal justice agency may not
 2203  expunge any record pertaining to such additional arrests if the
 2204  order to expunge does not articulate the intention of the court
 2205  to expunge a record pertaining to more than one arrest. This
 2206  section does not prevent the court from ordering the expunction
 2207  of only a portion of a criminal history record pertaining to one
 2208  arrest or one incident of alleged criminal activity.
 2209  Notwithstanding any law to the contrary, a criminal justice
 2210  agency may comply with laws, court orders, and official requests
 2211  of other jurisdictions relating to expunction, correction, or
 2212  confidential handling of criminal history records or information
 2213  derived therefrom. This section does not confer any right to the
 2214  expunction of any criminal history record, and any request for
 2215  expunction of a criminal history record may be denied at the
 2216  sole discretion of the court.
 2217         (2) CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.—Prior to
 2218  petitioning the court to expunge a criminal history record, a
 2219  person seeking to expunge a criminal history record shall apply
 2220  to the department for a certificate of eligibility for
 2221  expunction. The department shall, by rule adopted pursuant to
 2222  chapter 120, establish procedures pertaining to the application
 2223  for and issuance of certificates of eligibility for expunction.
 2224  A certificate of eligibility for expunction is valid for 12
 2225  months after the date stamped on the certificate when issued by
 2226  the department. After that time, the petitioner must reapply to
 2227  the department for a new certificate of eligibility. Eligibility
 2228  for a renewed certification of eligibility must be based on the
 2229  status of the applicant and the law in effect at the time of the
 2230  renewal application. The department shall issue a certificate of
 2231  eligibility for expunction to a person who is the subject of a
 2232  criminal history record if that person:
 2233         (a) Provides a written, certified documentation of the
 2234  following Has obtained, and submitted to the department, a
 2235  written, certified statement from the appropriate state attorney
 2236  or statewide prosecutor which indicates:
 2237         1. That an indictment, information, or other charging
 2238  document was not filed or issued in the case.
 2239         2. That an indictment, information, or other charging
 2240  document, if filed or issued in the case, was dismissed or nolle
 2241  prosequi by the state attorney or statewide prosecutor, or was
 2242  dismissed by a court of competent jurisdiction, and that none of
 2243  the charges related to the arrest or alleged criminal activity
 2244  to which the petition to expunge pertains resulted in a trial,
 2245  without regard to whether the outcome of the trial was other
 2246  than an adjudication of guilt.
 2247         3. That the criminal history record does not relate to a
 2248  violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
 2249  s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s.
 2250  827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.
 2251  893.135, s. 916.1075, a violation enumerated in s. 907.041, or
 2252  any violation specified as a predicate offense for registration
 2253  as a sexual predator pursuant to s. 775.21, without regard to
 2254  whether that offense alone is sufficient to require such
 2255  registration, or for registration as a sexual offender pursuant
 2256  to s. 943.0435, where the defendant was found guilty of, or pled
 2257  guilty or nolo contendere to any such offense, or that the
 2258  defendant, as a minor, was found to have committed, or pled
 2259  guilty or nolo contendere to committing, such an offense as a
 2260  delinquent act, without regard to whether adjudication was
 2261  withheld.
 2262         (b) Remits a $75 processing fee to the department for
 2263  placement in the Department of Law Enforcement Operating Trust
 2264  Fund, unless such fee is waived by the executive director.
 2265         (c) Has submitted to the department a certified copy of the
 2266  disposition of the charge to which the petition to expunge
 2267  pertains.
 2268         (d) Has never, prior to the date on which the application
 2269  for a certificate of eligibility is filed, been adjudicated
 2270  guilty of a criminal offense or comparable ordinance violation,
 2271  or been adjudicated delinquent for committing any felony or a
 2272  misdemeanor specified in s. 943.051(3)(b).
 2273         (e) Has not been adjudicated guilty of, or adjudicated
 2274  delinquent for committing, any of the acts stemming from the
 2275  arrest or alleged criminal activity to which the petition to
 2276  expunge pertains.
 2277         (f) Has never secured a prior sealing or expunction of a
 2278  criminal history record under this section, former s. 893.14,
 2279  former s. 901.33, or former s. 943.058, unless expunction is
 2280  sought of a criminal history record previously sealed for 10
 2281  years pursuant to paragraph (h) and the record is otherwise
 2282  eligible for expunction.
 2283         (g) Is no longer under court supervision applicable to the
 2284  disposition of the arrest or alleged criminal activity to which
 2285  the petition to expunge pertains.
 2286         (h) Has previously obtained a court order sealing the
 2287  record under this section, former s. 893.14, former s. 901.33,
 2288  or former s. 943.058 for a minimum of 10 years because
 2289  adjudication was withheld or because all charges related to the
 2290  arrest or alleged criminal activity to which the petition to
 2291  expunge pertains were not dismissed prior to trial, without
 2292  regard to whether the outcome of the trial was other than an
 2293  adjudication of guilt. The requirement for the record to have
 2294  previously been sealed for a minimum of 10 years does not apply
 2295  when a plea was not entered or all charges related to the arrest
 2296  or alleged criminal activity to which the petition to expunge
 2297  pertains were dismissed prior to trial.
 2298         Section 45. Subsection (4) of section 985.557, Florida
 2299  Statutes, is repealed.
 2300         Section 46. The unexpended funds in the Operating Trust
 2301  Fund from revenues collected pursuant to ss. 25.241 and 35.22,
 2302  Florida Statutes, are transferred to the State Courts Revenue
 2303  Trust Fund. All other unexpended funds in the Operating Trust
 2304  Fund are transferred to the Administrative Trust Fund within the
 2305  state courts system.
 2306         Section 47. Except as otherwise expressly provided in this
 2307  act, this act shall take effect July 1, 2010.

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