May 31, 2020
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       Florida Senate - 2010  (Corrected Copy)    CS for CS for SB 1400
       
       
       
       By the Policy and Steering Committee on Ways and Means; the
       Committee on Criminal and Civil Justice Appropriations; and
       Senator Crist
       
       
       576-03803B-10                                         20101400c2
    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. 27.40, F.S.; requiring private
   12         court-appointed counsel compensated by the state to
   13         maintain records and documents in a prescribed manner;
   14         providing for waiver of the right to seek fees in
   15         excess of prescribed limits if the attorney refuses to
   16         allow the Justice Administrative Commission to review
   17         the documentation; providing that the commission’s
   18         finding of a valid waiver of fees may be overcome by
   19         competent and substantial evidence; amending s.
   20         27.425, F.S.; eliminating a requirement for the chief
   21         judge of the judicial circuit to recommend and submit
   22         compensation rates for state-funded due process
   23         service providers; requiring the Justice
   24         Administrative Commission to approve forms and
   25         procedures governing billings for the provision of due
   26         process services; amending s. 27.511, F.S.; providing
   27         for the appointment of criminal conflict and civil
   28         regional counsel in certain proceedings under the
   29         Florida Rules of Criminal Procedure and in certain
   30         adoption proceedings; providing for private court
   31         appointed counsel, rather than criminal conflict and
   32         civil regional counsel, to have primary responsibility
   33         for representing minors in proceedings under the
   34         Parental Notice of Abortion Act; amending s. 27.52,
   35         F.S.; requiring the clerk of the court to review
   36         certain property records in evaluating an application
   37         from a criminal defendant for a determination of
   38         indigency; providing that the Justice Administrative
   39         Commission has standing in a motion seeking to have a
   40         person declared indigent for purposes of state payment
   41         of due process costs; providing a presumption that a
   42         person is not indigent for costs if the person’s
   43         attorney’s fees are being paid from private funds at a
   44         specified level; providing that the presumption may be
   45         overcome through clear and convincing evidence;
   46         providing requirements and rates for reimbursement of
   47         due process costs; providing that a person who
   48         receives state-funded due process services after being
   49         deemed indigent for costs is liable for repayment to
   50         the state; requiring the person to submit an
   51         accounting to the court of state-paid costs; providing
   52         for the court to issue an order determining the amount
   53         of the costs; providing for creation and enforcement
   54         of a repayment lien; amending s. 27.5304, F.S.;
   55         providing for a reduction in the amount paid for an
   56         attorney’s fees, costs, and related expenses as
   57         increased penalties for submitting a bill to the state
   58         after prescribed periods; creating s. 27.5305, F.S.;
   59         prescribing conditions and requirements related to
   60         payment by the state of legal fees and the costs of
   61         due process services in certain criminal and civil
   62         cases; prescribing conditions and requirements
   63         governing electronic funds transfer, transcripts,
   64         court reporters and investigators, expert witnesses
   65         and mitigation specialists, and discovery; amending s.
   66         28.24, F.S.; clarifying that counties are not required
   67         to spend certain funds on court-related technology for
   68         the criminal conflict and civil regional counsel;
   69         amending s. 28.241, F.S.; increasing the portion of
   70         certain filing fees to be deposited into the General
   71         Revenue Fund; providing an exception to the imposition
   72         of filing fees in certain family law cases; amending
   73         s. 28.245, F.S.; requiring that the clerks of the
   74         court transmit deposits electronically to the
   75         Department of Revenue within a specified time;
   76         amending s. 28.36, F.S.; revising the core services
   77         for the budget requests for the clerks of the court;
   78         revising the procedures for the Florida Clerks of
   79         Court Operations Corporation to release appropriations
   80         each month; providing a procedure for the corporation
   81         to follow if the projected expenditures will exceed
   82         the amount appropriated by law; amending s. 29.001,
   83         F.S.; eliminating the offices of criminal conflict and
   84         civil regional counsel from inclusion in the defined
   85         elements of the “offices of public defenders” for
   86         purposes of certain state courts system funding;
   87         amending s. 29.008, F.S.; removing criminal conflict
   88         and civil regional counsel from the definition of the
   89         term “public defender offices” in the context of
   90         county responsibility for funding court-related
   91         functions; eliminating requirements for county funding
   92         of criminal conflict and civil regional counsel;
   93         repealing s. 29.0095, F.S., relating to a requirement
   94         for chief judges, state attorneys, and public
   95         defenders to submit budget expenditure reports;
   96         amending s. 29.0195, F.S.; providing for moneys from
   97         the recovery of expenditures for state-funded services
   98         to be deposited into the Administrative Trust Fund
   99         within the state courts system; amending s. 34.041,
  100         F.S.; specifying that the prescribed filing fee for an
  101         action involving claims of not more than $1,000 filed
  102         along with an action for replevin is the total filing
  103         fee; amending s. 35.22, F.S.; requiring that $50 from
  104         the District Court of Appeals filing fee be deposited
  105         into the State Courts Revenue Trust Fund; amending s.
  106         39.0134, F.S.; providing that certain parents in
  107         proceedings related to children are liable for fees
  108         and costs after receiving legal representation or due
  109         process services funded by the state; authorizing the
  110         court to make payment of attorney’s fees and costs
  111         part of a case plan in dependency proceedings;
  112         authorizing and providing for enforcement of a lien
  113         upon court-ordered payment of fees and costs;
  114         providing for deposit of fees and costs into the
  115         Indigent Civil Defense Trust Fund; amending s. 39.821,
  116         F.S.; requiring certain background screenings for
  117         persons certified as a guardian ad litem; amending s.
  118         57.082, F.S.; prescribing circumstances for payment of
  119         an application fee when a person seeks to be
  120         determined indigent and eligible for appointment of
  121         counsel in proceedings relating to children; providing
  122         for the court to order payment of the fee and the
  123         clerk of the court to pursue collection of the fee;
  124         amending s. 316.192, F.S.; increasing the minimum fine
  125         for reckless driving; amending s. 320.02, F.S.;
  126         extending the time within which the owner of a motor
  127         vehicle registered within the state is required to
  128         notify the Department of Highway Safety and Motor
  129         Vehicles of a change of address; amending s. 320.061,
  130         F.S.; creating a noncriminal infraction for altering
  131         or obscuring a license plate or mobile home sticker;
  132         deleting the second-degree misdemeanor penalty imposed
  133         for the offense; amending s. 320.131, F.S.; creating a
  134         noncriminal traffic infraction for the unlawful use of
  135         a temporary tag; deleting the second-degree
  136         misdemeanor penalty imposed for the offense; amending
  137         s. 320.38, F.S.; extending the time within which a
  138         nonresident of the state is required to register his
  139         or her motor vehicle with the Department of Highway
  140         Safety and Motor Vehicles after commencing employment
  141         or education in the state; amending s. 322.03, F.S.;
  142         creating a noncriminal traffic infraction for a
  143         commercial motor vehicle driver who fails to surrender
  144         driver’s licenses from other jurisdictions prior to
  145         issuance of a license by the Department of Highway
  146         Safety and Motor Vehicles; extending the period
  147         allowed for operating a motor vehicle following
  148         expiration of a driver’s license; amending s. 322.16,
  149         F.S.; creating a noncriminal traffic infraction for
  150         persons who fail to abide by driver’s license
  151         restrictions; deleting the second-degree misdemeanor
  152         penalty imposed for the offense; amending s. 394.4599,
  153         F.S., relating to the notice given to various parties
  154         upon a person’s involuntary admission to a mental
  155         health facility; removing reference to the state
  156         attorney providing notice; amending s. 394.4615, F.S.,
  157         relating to clinical records in cases of involuntary
  158         placement; removing the state attorney from the list
  159         of parties who are entitled to receive clinical
  160         records; amending s. 394.4655, F.S., relating to
  161         involuntary outpatient placement; removing the
  162         requirement for the clerk to provide a copy of the
  163         petition for involuntary outpatient placement to the
  164         state attorney; removing the requirement for the state
  165         attorney for the circuit in which the patient is
  166         located to represent the state in the proceeding;
  167         removing the requirement for the clerk of the court to
  168         provide copies of the certificate and treatment plan
  169         to the state attorney; amending s. 394.467, F.S.,
  170         relating to involuntary inpatient placement; removing
  171         the requirement for the clerk of the court to provide
  172         a copy of the petition for involuntary inpatient
  173         placement to the state attorney; removing the
  174         requirement for the state attorney for the circuit in
  175         which the patient is located to represent the state at
  176         the hearing; amending s. 775.083, F.S.; redirecting
  177         revenues from certain criminal fines from the State
  178         Courts Revenue Trust Fund into the General Revenue
  179         Fund; repealing s. 775.08401, F.S., relating to
  180         criteria to be used by state attorneys when pursuing
  181         sanctions against habitual felony offenders and
  182         habitual violent felony offenders; repealing s.
  183         775.087(5), F.S., relating to a provision requiring
  184         each state attorney to place in the court file a
  185         report explaining why a defendant did not receive the
  186         mandatory minimum prison sentence in cases involving
  187         certain specified offenses; amending s. 775.0843,
  188         F.S.; removing a cross-reference to conform to the
  189         repeal of the referenced statute; amending s. 938.06,
  190         F.S.; requiring the assessment of a court cost
  191         following conviction of a criminal offense; defining
  192         the term “convicted” for purposes of the assessed
  193         cost; amending s. 939.08, F.S.; authorizing a designee
  194         of the trial court administrator to review, approve,
  195         and certify certain bills related to costs, fees, or
  196         expenses of the state courts system; amending s.
  197         939.185, F.S.; authorizing the chief judge of the
  198         circuit to determine innovations eligible for funding
  199         from a county-assessed court cost; amending s. 943.03,
  200         F.S.; requiring the Department of Law Enforcement to
  201         modify the statewide uniform statute table in its
  202         criminal history system; amending s. 943.053, F.S.;
  203         providing for a discounted fee for criminal history
  204         record checks for the guardian ad litem program;
  205         amending s. 943.0585, F.S., relating to court-ordered
  206         expunction of criminal history records; removing the
  207         requirement for the state attorney or statewide
  208         prosecutor to provide written certified documentation
  209         to a person seeking a certificate of eligibility to
  210         expunge a criminal record; repealing s. 985.557(4),
  211         F.S., relating to a requirement for state attorneys to
  212         develop direct-file policies and guidelines for
  213         juveniles and report to the Governor and Legislature;
  214         transferring certain funds from the Operating Trust
  215         Fund to the State Courts Revenue Trust Fund and the
  216         Administrative Trust Fund within the state courts
  217         system; providing effective dates.
  218  
  219  Be It Enacted by the Legislature of the State of Florida:
  220  
  221         Section 1. Subsection (5) of section 25.241, Florida
  222  Statutes, is amended to read:
  223         25.241 Clerk of Supreme Court; compensation; assistants;
  224  filing fees, etc.—
  225         (5) The Clerk of the Supreme Court is hereby required to
  226  prepare a statement of all fees collected each month and remit
  227  such statement, together with all fees collected by him or her,
  228  to the Chief Financial Officer. The Chief Financial Officer
  229  shall deposit $250 of each $300 filing fee and all other fees
  230  collected into the General Revenue Fund. The Chief Financial
  231  Officer shall deposit $50 of each filing fee collected into the
  232  State Courts Revenue state court’s Operating Trust Fund to fund
  233  court operations improvement projects as authorized in the
  234  General Appropriations Act.
  235         Section 2. Section 25.3844, Florida Statutes, is amended to
  236  read:
  237         25.3844 Administrative Operating Trust Fund.—
  238         (1) The Administrative Operating Trust Fund is created
  239  within the state courts system.
  240         (2) The fund is established for use as a depository of fees
  241  and related revenue for the purpose of supporting the program
  242  operations of the judicial branch and for such other purposes as
  243  may be appropriate, and shall be expended only pursuant to
  244  legislative appropriation or an approved amendment to the
  245  agency’s operating budget pursuant to the provisions of chapter
  246  216.
  247         Section 3. Section 25.386, Florida Statutes, is amended to
  248  read:
  249         25.386 Foreign language court interpreters.—The Supreme
  250  Court shall establish minimum standards and procedures for
  251  qualifications, certification, professional conduct, discipline,
  252  and training of foreign language court interpreters who are
  253  appointed by a court of competent jurisdiction. The Supreme
  254  Court shall set fees to be charged to applicants for
  255  certification and renewal of certification as a foreign language
  256  court interpreter. The revenues generated from such fees shall
  257  be used to offset the costs of administration of the
  258  certification program and shall be deposited into the
  259  Administrative Operating Trust Fund within the state courts
  260  system. The Supreme Court may appoint or employ such personnel
  261  as are necessary to assist the court in administering this
  262  section.
  263         Section 4. Subsection (7) of section 27.40, Florida
  264  Statutes, is amended to read:
  265         27.40 Court-appointed counsel; circuit registries; minimum
  266  requirements; appointment by court.—
  267         (7)(a) A private attorney appointed by the court from the
  268  registry to represent a client is entitled to payment as
  269  provided in s. 27.5304. An attorney appointed by the court who
  270  is not on the registry list may be compensated under s. 27.5304
  271  if the court finds in the order of appointment that there were
  272  no registry attorneys available for representation for that
  273  case.
  274         (b)1. The attorney shall maintain appropriate
  275  documentation, including contemporaneous and detailed hourly
  276  accounting of time spent representing the client. If the
  277  attorney fails to maintain such contemporaneous and detailed
  278  hourly records, the attorney waives the right to seek
  279  compensation in excess of the flat fee established in s. 27.5304
  280  and the General Appropriations Act. These records and documents
  281  are subject to review by the Justice Administrative Commission,
  282  subject to the attorney-client privilege and work-product
  283  privilege. The attorney shall maintain the records and documents
  284  in a manner that enables the attorney to redact information
  285  subject to a privilege in order to facilitate and not impede the
  286  commission’s review of the records and documents. The attorney
  287  may redact information from the records and documents only to
  288  the extent necessary to comply with the privilege.
  289         2. If an attorney fails, refuses, or declines to permit the
  290  commission to review documentation for a case as provided in
  291  this paragraph, the attorney waives the right to seek, and the
  292  commission may not pay, compensation in excess of the flat fee
  293  established in s. 27.5304 and the General Appropriations Act for
  294  that case.
  295         3. A finding by the commission that an attorney waives the
  296  right to seek compensation in excess of the flat fee established
  297  in s. 27.5304 and the General Appropriations Act, as provided in
  298  this paragraph, is presumed to be valid, unless a court
  299  concludes that the commission’s finding is not supported by
  300  competent and substantial evidence.
  301         Section 5. Section 27.425, Florida Statutes, is amended to
  302  read:
  303         27.425 Due process service rates; responsibilities of chief
  304  judge.—
  305         (1) The maximum chief judge of each circuit shall recommend
  306  compensation rates for state-funded due process service
  307  providers in cases in which the court has appointed private
  308  counsel or declared a person indigent for costs shall be
  309  specified annually in the General Appropriations Act. For
  310  purposes of this section, due process compensation rates do not
  311  include attorney’s fees for legal representation of the client.
  312         (2)Annually, the chief judge shall submit proposed due
  313  process compensation rates to the Office of the State Courts
  314  Administrator for inclusion in the legislative budget request
  315  for the state courts system.
  316         (3)The maximum rates shall be specified annually in the
  317  General Appropriations Act. For the 2007-2008 fiscal year, the
  318  maximum rates shall be the rates in effect on June 30, 2007.
  319         (2)(4) The total amount expended for providers of due
  320  process services in eligible cases may not exceed the amount
  321  budgeted in the General Appropriations Act for the particular
  322  due process service.
  323         (3) The Justice Administrative Commission shall approve
  324  uniform contract forms for use in procuring due process services
  325  and uniform procedures for use by a due process provider, or a
  326  private attorney on behalf of a due process provider, in support
  327  of billing for due process services to demonstrate completion of
  328  the specified services.
  329         Section 6. Subsections (5) and (6) of section 27.511,
  330  Florida Statutes, are amended to read:
  331         27.511 Offices of criminal conflict and civil regional
  332  counsel; legislative intent; qualifications; appointment;
  333  duties.—
  334         (5) Effective October 1, 2007, When the Office of the
  335  Public Defender, at any time during the representation of two or
  336  more defendants, determines that the interests of those accused
  337  are so adverse or hostile that they cannot all be counseled by
  338  the public defender or his or her staff without a conflict of
  339  interest, or that none can be counseled by the public defender
  340  or his or her staff because of a conflict of interest, and the
  341  court grants the public defender’s motion to withdraw, the
  342  office of criminal conflict and civil regional counsel shall be
  343  appointed and shall provide legal services, without additional
  344  compensation, to any person determined to be indigent under s.
  345  27.52, who is:
  346         (a) Under arrest for, or charged with, a felony;
  347         (b) Under arrest for, or charged with:
  348         1. A misdemeanor authorized for prosecution by the state
  349  attorney;
  350         2. A violation of chapter 316 punishable by imprisonment;
  351         3. Criminal contempt; or
  352         4. A violation of a special law or county or municipal
  353  ordinance ancillary to a state charge or, if not ancillary to a
  354  state charge, only if the office of criminal conflict and civil
  355  regional counsel contracts with the county or municipality to
  356  provide representation pursuant to ss. 27.54 and 125.69.
  357  
  358  The office of criminal conflict and civil regional counsel may
  359  not provide representation pursuant to this paragraph if the
  360  court, prior to trial, files in the cause an order of no
  361  imprisonment as provided in s. 27.512;
  362         (c) Alleged to be a delinquent child pursuant to a petition
  363  filed before a circuit court;
  364         (d) Sought by petition filed in such court to be
  365  involuntarily placed as a mentally ill person under part I of
  366  chapter 394, involuntarily committed as a sexually violent
  367  predator under part V of chapter 394, or involuntarily admitted
  368  to residential services as a person with developmental
  369  disabilities under chapter 393;
  370         (e) Convicted and sentenced to death, for purposes of
  371  handling an appeal to the Supreme Court; or
  372         (f) Is Appealing a matter in a case arising under
  373  paragraphs (a)-(d); or.
  374         (g) Seeking correction, reduction, or modification of a
  375  sentence under Rule 3.800 or seeking postconviction relief under
  376  Rule 3.850 of the Florida Rules of Criminal Procedure if, in
  377  either case, the court determines that appointment of counsel is
  378  necessary to protect a person’s due process rights.
  379         (6)(a) Effective October 1, 2007, The office of criminal
  380  conflict and civil regional counsel has primary responsibility
  381  for representing persons entitled to court-appointed counsel
  382  under the Federal or State Constitution or as authorized by
  383  general law in civil proceedings, including, but not limited to,
  384  proceedings under s. 393.12 and chapters 39, 390, 392, 397, 415,
  385  743, 744, and 984 and proceedings to terminate parental rights
  386  under chapter 63. Private court-appointed counsel eligible under
  387  s. 27.40 have primary responsibility for representing minors who
  388  request counsel under s. 390.01114, the Parental Notice of
  389  Abortion Act. The office of criminal conflict and civil regional
  390  counsel may represent a minor under that section if the court
  391  finds that no private court-appointed attorney is available.
  392         (b) If constitutional principles or general law provide for
  393  court-appointed counsel in civil proceedings, the court shall
  394  first appoint the regional counsel unless general law
  395  specifically provides for appointment of the public defender, in
  396  which case the court shall appoint the regional counsel if the
  397  public defender has a conflict of interest.
  398         (c) Notwithstanding paragraph (b) or any provision of
  399  chapter 744 to the contrary, when chapter 744 provides for
  400  appointment of counsel, the court, in consultation with the
  401  clerk of court and prior to appointing counsel, shall determine,
  402  if possible, whether the person entitled to representation is
  403  indigent, using the best available evidence.
  404         1. If the person is indigent, the court shall appoint the
  405  regional counsel. If at any time after appointment the regional
  406  counsel determines that the person is not indigent and that
  407  there are sufficient assets available for the payment of legal
  408  representation under s. 744.108, the regional counsel shall move
  409  the court to reassign the case to a private attorney.
  410         2. If the person is not indigent or if the court and the
  411  clerk are not able to determine whether the person is indigent
  412  at the time of appointment, the court shall appoint a private
  413  attorney. If at any time after appointment the private attorney
  414  determines that the person is indigent and that there are not
  415  sufficient assets available for the payment of legal
  416  representation under s. 744.108, the private attorney shall move
  417  the court to reassign the case to the regional counsel. When a
  418  case is reassigned, the private attorney may seek compensation
  419  from the Justice Administrative Commission for representation
  420  not recoverable from any assets of the person in an amount
  421  approved by the court as a pro rata portion of the compensation
  422  limits prescribed in the General Appropriations Act.
  423         (d) The regional counsel may not represent any plaintiff in
  424  a civil action brought under the Florida Rules of Civil
  425  Procedure, the Federal Rules of Civil Procedure, or federal
  426  statutes, and may not represent a petitioner in a rule challenge
  427  under chapter 120, unless specifically authorized by law.
  428         Section 7. Section 27.52, Florida Statutes, is amended to
  429  read:
  430         27.52 Determination of indigent status.—
  431         (1) APPLICATION TO THE CLERK.—A person seeking appointment
  432  of a public defender under s. 27.51 based upon an inability to
  433  pay must apply to the clerk of the court for a determination of
  434  indigent status using an application form developed by the
  435  Florida Clerks of Court Operations Corporation with final
  436  approval by the Supreme Court.
  437         (a) The application must include, at a minimum, the
  438  following financial information:
  439         1. Net income, consisting of total salary and wages, minus
  440  deductions required by law, including court-ordered support
  441  payments.
  442         2. Other income, including, but not limited to, social
  443  security benefits, union funds, veterans’ benefits, workers’
  444  compensation, other regular support from absent family members,
  445  public or private employee pensions, unemployment compensation,
  446  dividends, interest, rent, trusts, and gifts.
  447         3. Assets, including, but not limited to, cash, savings
  448  accounts, bank accounts, stocks, bonds, certificates of deposit,
  449  equity in real estate, and equity in a boat or a motor vehicle
  450  or in other tangible property.
  451         4. All liabilities and debts.
  452         5. If applicable, the amount of any bail paid for the
  453  applicant’s release from incarceration and the source of the
  454  funds.
  455  
  456  The application must include a signature by the applicant which
  457  attests to the truthfulness of the information provided. The
  458  application form developed by the corporation must include
  459  notice that the applicant may seek court review of a clerk’s
  460  determination that the applicant is not indigent, as provided in
  461  this section.
  462         (b) An applicant shall pay a $50 application fee to the
  463  clerk for each application for court-appointed counsel filed.
  464  The applicant shall pay the fee within 7 days after submitting
  465  the application. If the applicant does not pay the fee prior to
  466  the disposition of the case, the clerk shall notify the court,
  467  and the court shall:
  468         1. Assess the application fee as part of the sentence or as
  469  a condition of probation; or
  470         2. Assess the application fee pursuant to s. 938.29.
  471         (c) Notwithstanding any provision of law, court rule, or
  472  administrative order, the clerk shall assign the first $50 of
  473  any fees or costs paid by an indigent person as payment of the
  474  application fee. A person found to be indigent may not be
  475  refused counsel or other required due process services for
  476  failure to pay the fee.
  477         (d) All application fees collected by the clerk under this
  478  section shall be transferred monthly by the clerk to the
  479  Department of Revenue for deposit in the Indigent Criminal
  480  Defense Trust Fund administered by the Justice Administrative
  481  Commission, to be used to as appropriated by the Legislature.
  482  The clerk may retain 2 percent of application fees collected
  483  monthly for administrative costs prior to remitting the
  484  remainder to the Department of Revenue.
  485         (e)1. The clerk shall assist a person who appears before
  486  the clerk and requests assistance in completing the application,
  487  and the clerk shall notify the court if a person is unable to
  488  complete the application after the clerk has provided
  489  assistance.
  490         2. If the person seeking appointment of a public defender
  491  is incarcerated, the public defender is responsible for
  492  providing the application to the person and assisting him or her
  493  in its completion and is responsible for submitting the
  494  application to the clerk on the person’s behalf. The public
  495  defender may enter into an agreement for jail employees,
  496  pretrial services employees, or employees of other criminal
  497  justice agencies to assist the public defender in performing
  498  functions assigned to the public defender under this
  499  subparagraph.
  500         (2) DETERMINATION BY THE CLERK.—The clerk of the court
  501  shall determine whether an applicant seeking appointment of a
  502  public defender is indigent based upon the information provided
  503  in the application and the criteria prescribed in this
  504  subsection.
  505         (a)1. An applicant, including an applicant who is a minor
  506  or an adult tax-dependent person, is indigent if the applicant’s
  507  income is equal to or below 200 percent of the then-current
  508  federal poverty guidelines prescribed for the size of the
  509  household of the applicant by the United States Department of
  510  Health and Human Services or if the person is receiving
  511  Temporary Assistance for Needy Families-Cash Assistance,
  512  poverty-related veterans’ benefits, or Supplemental Security
  513  Income (SSI).
  514         2.a. There is a presumption that the applicant is not
  515  indigent if the applicant owns, or has equity in, any intangible
  516  or tangible personal property or real property or the expectancy
  517  of an interest in any such property having a net equity value of
  518  $2,500 or more, excluding the value of the person’s homestead
  519  and one vehicle having a net value not exceeding $5,000.
  520         b. Notwithstanding the information that the applicant
  521  provides, the clerk shall conduct a review of the property
  522  records for the county in which the applicant resides and the
  523  motor vehicle title records of the state to identify any
  524  property interests of the applicant under this subparagraph. The
  525  clerk shall evaluate and consider the results of the review in
  526  making its determination under this subsection. The clerk shall
  527  maintain the results of the review in a file with the
  528  application and provide the file to the court if the applicant
  529  seeks review under subsection (4) of the clerk’s determination
  530  of indigent status.
  531         (b) Based upon its review, the clerk shall make one of the
  532  following determinations:
  533         1. The applicant is not indigent.
  534         2. The applicant is indigent.
  535         (c)1. If the clerk determines that the applicant is
  536  indigent, the clerk shall submit the determination to the office
  537  of the public defender and immediately file the determination in
  538  the case file.
  539         2. If the public defender is unable to provide
  540  representation due to a conflict pursuant to s. 27.5303, the
  541  public defender shall move the court for withdrawal from
  542  representation and appointment of the office of criminal
  543  conflict and civil regional counsel.
  544         (d) The duty of the clerk in determining whether an
  545  applicant is indigent shall be limited to receiving the
  546  application and comparing the information provided in the
  547  application to the criteria prescribed in this subsection. The
  548  determination of indigent status is a ministerial act of the
  549  clerk and not a decision based on further investigation or the
  550  exercise of independent judgment by the clerk. The clerk may
  551  contract with third parties to perform functions assigned to the
  552  clerk under this section.
  553         (e) The applicant may seek review of the clerk’s
  554  determination that the applicant is not indigent in the court
  555  having jurisdiction over the matter at the next scheduled
  556  hearing. If the applicant seeks review of the clerk’s
  557  determination of indigent status, the court shall make a final
  558  determination as provided in subsection (4).
  559         (3) APPOINTMENT OF COUNSEL ON INTERIM BASIS.—If the clerk
  560  of the court has not made a determination of indigent status at
  561  the time a person requests appointment of a public defender, the
  562  court shall make a preliminary determination of indigent status,
  563  pending further review by the clerk, and may, by court order,
  564  appoint a public defender, the office of criminal conflict and
  565  civil regional counsel, or private counsel on an interim basis.
  566         (4) REVIEW OF CLERK’S DETERMINATION.—
  567         (a) If the clerk of the court determines that the applicant
  568  is not indigent, and the applicant seeks review of the clerk’s
  569  determination, the court shall make a final determination of
  570  indigent status by reviewing the information provided in the
  571  application against the criteria prescribed in subsection (2)
  572  and by considering the following additional factors:
  573         1. Whether the applicant has been released on bail in an
  574  amount of $5,000 or more.
  575         2. Whether a bond has been posted, the type of bond, and
  576  who paid the bond.
  577         3. Whether paying for private counsel in an amount that
  578  exceeds the limitations in s. 27.5304, or other due process
  579  services creates a substantial hardship for the applicant or the
  580  applicant’s family.
  581         4. Any other relevant financial circumstances of the
  582  applicant or the applicant’s family.
  583         (b) Based upon its review, the court shall make one of the
  584  following determinations and, if the applicant is indigent,
  585  shall appoint a public defender, the office of criminal conflict
  586  and civil regional counsel, or, if appropriate, private counsel:
  587         1. The applicant is not indigent.
  588         2. The applicant is indigent.
  589         (5) INDIGENT FOR COSTS.—A person who is eligible to be
  590  represented by a public defender under s. 27.51 but who is
  591  represented by private counsel not appointed by the court for a
  592  reasonable fee as approved by the court, or on a pro bono basis,
  593  or who is proceeding pro se, may move the court for a
  594  determination that he or she is indigent for costs and eligible
  595  for the provision of due process services, as prescribed by ss.
  596  29.006 and 29.007, funded by the state.
  597         (a) The person must file a written motion with the court
  598  and submit to the court:
  599         1. The completed application prescribed in subsection (1).
  600         2. In the case of a person represented by counsel, an
  601  affidavit attesting to the estimated amount of attorney’s fees
  602  and the source of payment for these fees.
  603         (b) The person shall arrange for service of a copy of the
  604  motion and attachments on the Justice Administrative Commission.
  605  The commission has standing to appear before the court to
  606  contest any motion to declare a person indigent for costs and
  607  may participate in a hearing on the motion by use of telephonic
  608  or other communication equipment.
  609         (c) If the person did not apply for a determination of
  610  indigent status under subsection (1) in the same case and is not
  611  already liable for the application fee required under that
  612  subsection, he or she becomes liable for payment of the fee upon
  613  filing the motion with the court.
  614         (d)(b) In reviewing the motion, the court shall consider:
  615         1. Whether the applicant applied for a determination of
  616  indigent status under subsection (1) and the outcome of such
  617  application.
  618         2. The extent to which the person’s income equals or
  619  exceeds the income criteria prescribed in subsection (2).
  620         3. The additional factors prescribed in subsection (4).
  621         4. Whether the applicant is proceeding pro se.
  622         5. When the applicant retained private counsel.
  623         6. The amount of any attorney’s fees and who is paying the
  624  fees. There is a presumption that the applicant is not indigent
  625  for costs if the amount of attorney’s fees exceeds $5,000 for a
  626  noncapital case or $25,000 for a capital case in which the state
  627  is seeking the death penalty. To overcome this presumption, the
  628  applicant has the burden to show through clear and convincing
  629  evidence that the fees are reasonable based on the nature and
  630  complexity of the case. In determining the reasonableness of the
  631  fees, the court shall consider the amount that a private court
  632  appointed attorney paid by the state would receive for providing
  633  representation for the type of case.
  634         (e)(c) Based upon its review, the court shall make one of
  635  the following determinations:
  636         1. The applicant is not indigent for costs.
  637         2. The applicant is indigent for costs.
  638         (f)(d) The provision of due process services based upon a
  639  determination that a person is indigent for costs under this
  640  subsection must be effectuated pursuant to a court order, a copy
  641  of which the clerk shall provide to counsel representing the
  642  person, or to the person directly if he or she is proceeding pro
  643  se, for use in requesting payment of due process expenses
  644  through the Justice Administrative Commission. Private counsel
  645  representing a person declared indigent for costs shall execute
  646  the Justice Administrative Commission’s contract for counsel
  647  representing persons determined to be indigent for costs.
  648  Private counsel representing a person declared indigent for
  649  costs may not receive state funds, either directly or on behalf
  650  of due process providers, unless the attorney has executed the
  651  contract required under this paragraph.
  652         (g)Costs shall be reimbursed at the rates established
  653  under ss. 27.425 and 27.5305. To receive reimbursement of costs,
  654  either directly or on behalf of due process providers, private
  655  counsel representing a person declared indigent for costs shall
  656  comply with the procedures and requirements under this chapter
  657  governing billings by and compensation of private court
  658  appointed counsel.
  659         (h)The court may not appoint an attorney paid by the state
  660  based on a finding that the defendant is indigent for costs if
  661  the defendant has privately retained and paid counsel.
  662         (i)A defendant who is found guilty of a criminal act by a
  663  court or jury or enters a plea of guilty or nolo contendere and
  664  who received due process services after being found indigent for
  665  costs under this subsection is liable for payment of due process
  666  costs expended by the state.
  667         1. The attorney representing the defendant, or the
  668  defendant if he or she is proceeding pro se, shall provide an
  669  accounting to the court delineating all costs paid or to be paid
  670  by the state within 90 days after disposition of the case
  671  notwithstanding any appeals.
  672         2. The court shall issue an order determining the amount of
  673  all costs paid by the state and any costs for which prepayment
  674  was waived under this section or s. 57.081. The clerk shall
  675  cause a certified copy of the order to be recorded in the
  676  official records of the county, at no cost. The recording
  677  constitutes a lien against the person in favor of the state in
  678  the county in which the order is recorded. The lien may be
  679  enforced in the same manner prescribed in s. 938.29.
  680         3.If the attorney or the pro se defendant fails to provide
  681  a complete accounting of costs expended by the state and
  682  consequently costs are omitted from the lien, the attorney or
  683  pro se defendant may not receive reimbursement or any other form
  684  of direct or indirect payment for those costs if the state has
  685  not paid the costs. The attorney or pro se defendant shall repay
  686  the state for those costs if the state has already paid the
  687  costs. The clerk of the court may establish a payment plan under
  688  s. 28.246 and may charge the attorney or pro se defendant a one
  689  time administrative processing charge under s. 28.24(26)(c).
  690         (6) DUTIES OF PARENT OR LEGAL GUARDIAN.—A nonindigent
  691  parent or legal guardian of an applicant who is a minor or an
  692  adult tax-dependent person shall furnish the minor or adult tax
  693  dependent person with the necessary legal services and costs
  694  incident to a delinquency proceeding or, upon transfer of such
  695  person for criminal prosecution as an adult pursuant to chapter
  696  985, a criminal prosecution in which the person has a right to
  697  legal counsel under the Constitution of the United States or the
  698  Constitution of the State of Florida. The failure of a parent or
  699  legal guardian to furnish legal services and costs under this
  700  section does not bar the appointment of legal counsel pursuant
  701  to this section, s. 27.40, or s. 27.5303. When the public
  702  defender, the office of criminal conflict and civil regional
  703  counsel, a private court-appointed conflict counsel, or a
  704  private attorney is appointed to represent a minor or an adult
  705  tax-dependent person in any proceeding in circuit court or in a
  706  criminal proceeding in any other court, the parents or the legal
  707  guardian shall be liable for payment of the fees, charges, and
  708  costs of the representation even if the person is a minor being
  709  tried as an adult. Liability for the fees, charges, and costs of
  710  the representation shall be imposed in the form of a lien
  711  against the property of the nonindigent parents or legal
  712  guardian of the minor or adult tax-dependent person. The lien is
  713  enforceable as provided in s. 27.561 or s. 938.29.
  714         (7) FINANCIAL DISCREPANCIES; FRAUD; FALSE INFORMATION.—
  715         (a) If the court learns of discrepancies between the
  716  application or motion and the actual financial status of the
  717  person found to be indigent or indigent for costs, the court
  718  shall determine whether the public defender, office of criminal
  719  conflict and civil regional counsel, or private attorney shall
  720  continue representation or whether the authorization for any
  721  other due process services previously authorized shall be
  722  revoked. The person may be heard regarding the information
  723  learned by the court. If the court, based on the information,
  724  determines that the person is not indigent or indigent for
  725  costs, the court shall order the public defender, office of
  726  criminal conflict and civil regional counsel, or private
  727  attorney to discontinue representation and revoke the provision
  728  of any other authorized due process services.
  729         (b) If the court has reason to believe that any applicant,
  730  through fraud or misrepresentation, was improperly determined to
  731  be indigent or indigent for costs, the matter shall be referred
  732  to the state attorney. Twenty-five percent of any amount
  733  recovered by the state attorney as reasonable value of the
  734  services rendered, including fees, charges, and costs paid by
  735  the state on the person’s behalf, shall be remitted to the
  736  Department of Revenue for deposit into the Grants and Donations
  737  Trust Fund within the Justice Administrative Commission.
  738  Seventy-five percent of any amount recovered shall be remitted
  739  to the Department of Revenue for deposit into the General
  740  Revenue Fund.
  741         (c) A person who knowingly provides false information to
  742  the clerk or the court in seeking a determination of indigent
  743  status under this section commits a misdemeanor of the first
  744  degree, punishable as provided in s. 775.082 or s. 775.083.
  745         Section 8. Subsection (4) of section 27.5304, Florida
  746  Statutes, is amended to read:
  747         27.5304 Private court-appointed counsel; compensation.—
  748         (4)(a) The attorney shall submit a bill for attorney’s
  749  fees, costs, and related expenses within 90 days after the
  750  disposition of the case at the lower court level,
  751  notwithstanding any appeals. The Justice Administrative
  752  Commission shall provide by contract with the attorney for
  753  imposition of a penalty of:
  754         1.Fifteen 15 percent of the allowable attorney’s fees,
  755  costs, and related expenses for a bill that is submitted more
  756  than 90 days after the disposition of the case at the lower
  757  court level, notwithstanding any appeals;.
  758         2. For cases for which disposition occurs on or after July
  759  1, 2010, 50 percent of the allowable attorney’s fees, costs, and
  760  related expenses for a bill that is submitted more than 1 year
  761  after the disposition of the case at the lower court level,
  762  notwithstanding any appeals; and
  763         3. For cases for which disposition occurs on or after July
  764  1, 2010, 75 percent of the allowable attorney’s fees, costs, and
  765  related expenses for a bill that is submitted more than 2 years
  766  after the disposition of the case at the lower court level,
  767  notwithstanding any appeals.
  768         (b) For purposes of this subsection, the term “disposition”
  769  means:
  770         1. At the trial court level, that the court has entered a
  771  final appealable judgment, unless rendition of judgment is
  772  stayed by the filing of a timely motion for rehearing. The
  773  filing of a notice of appeal does not stay the time for
  774  submission of an intended billing; and
  775         2. At the appellate court level, that the court has issued
  776  its mandate.
  777         Section 9. Section 27.5305, Florida Statutes, is created to
  778  read:
  779         27.5305Attorney or provider compensation; conditions;
  780  requirements.—The provisions of this section apply to the
  781  payment by the state through the Justice Administrative
  782  Commission of legal fees and due process costs in an eligible
  783  criminal or civil matter when a person receives the services of
  784  a private court-appointed attorney or is declared indigent for
  785  costs under s. 27.52 or s. 57.082.
  786         (1) ELECTRONIC FUNDS TRANSFER.—A person, as defined in s.
  787  1.01, requesting compensation from the state through the Justice
  788  Administrative Commission for the provision of criminal or civil
  789  legal representation or other due process services must, as a
  790  condition for compensation, participate in a direct-deposit
  791  program under which the person authorizes the transfer of funds
  792  electronically to an account in the person’s name at a federal-
  793  or state-chartered financial institution.
  794         (a) The Justice Administrative Commission may exempt a
  795  person from compliance with this section if the commission finds
  796  that participation in a direct-deposit program creates a
  797  financial hardship for the person.
  798         (b) This subsection applies to compensation for services
  799  that are provided on or after January 1, 2011.
  800         (2) TRANSCRIPTS.—
  801         (a) The state may pay for the cost of preparing a
  802  transcript of a deposition only if the private court-appointed
  803  attorney secures an order from the court finding that
  804  preparation of the transcript is necessary, in which case the
  805  state may pay for one original and one copy only.
  806         (b) The state may pay for the cost of one original
  807  transcript of any deposition, hearing, or other proceeding. Any
  808  other payment for a transcript of that same deposition, hearing,
  809  or other proceeding, regardless of whether the transcript is an
  810  additional original transcript or a copy, shall be at the rate
  811  paid for a copy of a transcript. This paragraph applies
  812  regardless of which state agency pays for the first original
  813  transcript.
  814         (3) COURT REPORTERS; INVESTIGATORS.—Beginning with the
  815  2010-2011 fiscal year, and applicable to services performed
  816  starting in that year, uniform statewide rates shall be
  817  prescribed annually in the General Appropriations Act for the
  818  payment of:
  819         (a) Court reporting services that are not provided through
  820  the state courts system; and
  821         (b) Private investigation services.
  822         (4) EXPERT WITNESSES; MITIGATION SPECIALISTS.—A private
  823  court-appointed attorney must obtain authorization from the
  824  court to employ an out-of-state expert or mitigation specialist
  825  upon a showing that an expert or mitigation specialist who has
  826  appropriate skills or expertise is not available from within the
  827  county in which the case was filed or from elsewhere in the
  828  state. An order authorizing the employment must be in writing
  829  and contain specific findings regarding the unavailability of a
  830  qualified in-state expert or mitigation specialist. The attorney
  831  shall submit a copy of the order to the Justice Administrative
  832  Commission.
  833         (5) RIGHT TO DISCOVERY.—The Justice Administrative
  834  Commission has a right to engage in discovery in accordance with
  835  the Florida Rules of Civil Procedure on a motion to the court
  836  seeking payment of attorney’s fees, costs, or other expenses.
  837  This right includes a reasonable opportunity to obtain discovery
  838  prior to a hearing on the motion.
  839         Section 10. Subsection (12) of section 28.24, Florida
  840  Statutes, is amended to read:
  841         28.24 Service charges by clerk of the circuit court.—The
  842  clerk of the circuit court shall charge for services rendered by
  843  the clerk’s office in recording documents and instruments and in
  844  performing the duties enumerated in amounts not to exceed those
  845  specified in this section. Notwithstanding any other provision
  846  of this section, the clerk of the circuit court shall provide
  847  without charge to the state attorney, public defender, guardian
  848  ad litem, public guardian, attorney ad litem, criminal conflict
  849  and civil regional counsel, and private court-appointed counsel
  850  paid by the state, and to the authorized staff acting on behalf
  851  of each, access to and a copy of any public record, if the
  852  requesting party is entitled by law to view the exempt or
  853  confidential record, as maintained by and in the custody of the
  854  clerk of the circuit court as provided in general law and the
  855  Florida Rules of Judicial Administration. The clerk of the
  856  circuit court may provide the requested public record in an
  857  electronic format in lieu of a paper format when capable of
  858  being accessed by the requesting entity.
  859  
  860  Charges
  861         (12) For recording, indexing, and filing any instrument not
  862  more than 14 inches by 8 1/2 inches, including required notice
  863  to property appraiser where applicable:
  864         (a) First page or fraction thereof...................5.00
  865         (b) Each additional page or fraction thereof.........4.00
  866         (c) For indexing instruments recorded in the official
  867  records which contain more than four names, per additional
  868  name........................................................1.00
  869         (d) An additional service charge shall be paid to the clerk
  870  of the circuit court to be deposited in the Public Records
  871  Modernization Trust Fund for each instrument listed in s.
  872  28.222, except judgments received from the courts and notices of
  873  lis pendens, recorded in the official records:
  874         1. First page........................................1.00
  875         2. Each additional page..............................0.50
  876  
  877  Said fund shall be held in trust by the clerk and used
  878  exclusively for equipment and maintenance of equipment,
  879  personnel training, and technical assistance in modernizing the
  880  public records system of the office. In a county where the duty
  881  of maintaining official records exists in an office other than
  882  the office of the clerk of the circuit court, the clerk of the
  883  circuit court is entitled to 25 percent of the moneys deposited
  884  into the trust fund for equipment, maintenance of equipment,
  885  training, and technical assistance in modernizing the system for
  886  storing records in the office of the clerk of the circuit court.
  887  The fund may not be used for the payment of travel expenses,
  888  membership dues, bank charges, staff-recruitment costs, salaries
  889  or benefits of employees, construction costs, general operating
  890  expenses, or other costs not directly related to obtaining and
  891  maintaining equipment for public records systems or for the
  892  purchase of furniture or office supplies and equipment not
  893  related to the storage of records. On or before December 1,
  894  1995, and on or before December 1 of each year immediately
  895  preceding each year during which the trust fund is scheduled for
  896  legislative review under s. 19(f)(2), Art. III of the State
  897  Constitution, each clerk of the circuit court shall file a
  898  report on the Public Records Modernization Trust Fund with the
  899  President of the Senate and the Speaker of the House of
  900  Representatives. The report must itemize each expenditure made
  901  from the trust fund since the last report was filed; each
  902  obligation payable from the trust fund on that date; and the
  903  percentage of funds expended for each of the following:
  904  equipment, maintenance of equipment, personnel training, and
  905  technical assistance. The report must indicate the nature of the
  906  system each clerk uses to store, maintain, and retrieve public
  907  records and the degree to which the system has been upgraded
  908  since the creation of the trust fund.
  909         (e) An additional service charge of $4 per page shall be
  910  paid to the clerk of the circuit court for each instrument
  911  listed in s. 28.222, except judgments received from the courts
  912  and notices of lis pendens, recorded in the official records.
  913  From the additional $4 service charge collected:
  914         1. If the counties maintain legal responsibility for the
  915  costs of the court-related technology needs as defined in s.
  916  29.008(1)(f)2. and (h), 10 cents shall be distributed to the
  917  Florida Association of Court Clerks and Comptroller, Inc., for
  918  the cost of development, implementation, operation, and
  919  maintenance of the clerks’ Comprehensive Case Information
  920  System, in which system all clerks shall participate on or
  921  before January 1, 2006; $1.90 shall be retained by the clerk to
  922  be deposited in the Public Records Modernization Trust Fund and
  923  used exclusively for funding court-related technology needs of
  924  the clerk as defined in s. 29.008(1)(f)2. and (h); and $2 shall
  925  be distributed to the board of county commissioners to be used
  926  exclusively to fund court-related technology, and court
  927  technology needs as defined in s. 29.008(1)(f)2. and (h) for the
  928  state trial courts, state attorney, public defender, and, at the
  929  board’s discretion, criminal conflict and civil regional counsel
  930  in that county. If the counties maintain legal responsibility
  931  for the costs of the court-related technology needs as defined
  932  in s. 29.008(1)(f)2. and (h), notwithstanding any other
  933  provision of law, the county is not required to provide
  934  additional funding beyond that provided herein for the court
  935  related technology needs of the clerk as defined in s.
  936  29.008(1)(f)2. and (h). All court records and official records
  937  are the property of the State of Florida, including any records
  938  generated as part of the Comprehensive Case Information System
  939  funded pursuant to this paragraph and the clerk of court is
  940  designated as the custodian of such records, except in a county
  941  where the duty of maintaining official records exists in a
  942  county office other than the clerk of court or comptroller, such
  943  county office is designated the custodian of all official
  944  records, and the clerk of court is designated the custodian of
  945  all court records. The clerk of court or any entity acting on
  946  behalf of the clerk of court, including an association, shall
  947  not charge a fee to any agency as defined in s. 119.011, the
  948  Legislature, or the State Court System for copies of records
  949  generated by the Comprehensive Case Information System or held
  950  by the clerk of court or any entity acting on behalf of the
  951  clerk of court, including an association.
  952         2. If the state becomes legally responsible for the costs
  953  of court-related technology needs as defined in s.
  954  29.008(1)(f)2. and (h), whether by operation of general law or
  955  by court order, $4 shall be remitted to the Department of
  956  Revenue for deposit into the General Revenue Fund.
  957         Section 11. Paragraph (a) of subsection (1) of section
  958  28.241, Florida Statutes, is amended, and subsection (7) is
  959  added to that section, to read:
  960         28.241 Filing fees for trial and appellate proceedings.—
  961  (1)(a)1.a. Except as provided in sub-subparagraph b. and
  962  subparagraph 2., the party instituting any civil action, suit,
  963  or proceeding in the circuit court shall pay to the clerk of
  964  that court a filing fee of up to $395 in all cases in which
  965  there are not more than five defendants and an additional filing
  966  fee of up to $2.50 for each defendant in excess of five. Of the
  967  first $265 in filing fees, $118 $80 must be remitted by the
  968  clerk to the Department of Revenue for deposit into the General
  969  Revenue Fund, $180 must be remitted to the Department of Revenue
  970  for deposit into the State Courts Revenue Trust Fund, $3.50 must
  971  be remitted to the Department of Revenue for deposit into the
  972  Clerks of the Court Trust Fund within the Justice Administrative
  973  Commission and used to fund the Florida Clerks of Court
  974  Operations Corporation created in s. 28.35, and $1.50 shall be
  975  remitted to the Department of Revenue for deposit into the
  976  Administrative Trust Fund within the Department of Financial
  977  Services to fund clerk budget reviews conducted by the
  978  Department of Financial Services. The next $15 of the filing fee
  979  collected shall be deposited in the state courts’ Mediation and
  980  Arbitration Trust Fund. One third of any filing fees collected
  981  by the clerk of the circuit court in excess of $100 shall be
  982  remitted to the Department of Revenue for deposit into the
  983  Clerks of the Court Trust Fund within the Justice Administrative
  984  Commission.
  985         b. Except where the assessment of a filing fee is otherwise
  986  prohibited by law, the party instituting any civil action, suit,
  987  or proceeding in the circuit court under chapter 39, chapter 61,
  988  chapter 741, chapter 742, chapter 747, chapter 752, or chapter
  989  753 shall pay to the clerk of that court a filing fee of up to
  990  $295 in all cases in which there are not more than five
  991  defendants and an additional filing fee of up to $2.50 for each
  992  defendant in excess of five. Of the first $203 $165 in filing
  993  fees, $118 $80 must be remitted by the clerk to the Department
  994  of Revenue for deposit into the General Revenue Fund, $80 must
  995  be remitted to the Department of Revenue for deposit into the
  996  State Courts Revenue Trust Fund, $3.50 must be remitted to the
  997  Department of Revenue for deposit into the Clerks of the Court
  998  Trust Fund within the Justice Administrative Commission and used
  999  to fund the Florida Clerks of Court Operations Corporation
 1000  created in s. 28.35, and $1.50 shall be remitted to the
 1001  Department of Revenue for deposit into the Administrative Trust
 1002  Fund within the Department of Financial Services to fund clerk
 1003  budget reviews conducted by the Department of Financial
 1004  Services. The next $15 of the filing fee collected shall be
 1005  deposited in the state courts’ Mediation and Arbitration Trust
 1006  Fund.
 1007         c. An additional filing fee of $4 shall be paid to the
 1008  clerk. The clerk shall remit $3.50 to the Department of Revenue
 1009  for deposit into the Court Education Trust Fund and shall remit
 1010  50 cents to the Department of Revenue for deposit into the
 1011  Clerks of the Court Trust Fund within the Justice Administrative
 1012  Commission to fund clerk education. An additional filing fee of
 1013  up to $18 shall be paid by the party seeking each severance that
 1014  is granted. The clerk may impose an additional filing fee of up
 1015  to $85 for all proceedings of garnishment, attachment, replevin,
 1016  and distress. Postal charges incurred by the clerk of the
 1017  circuit court in making service by certified or registered mail
 1018  on defendants or other parties shall be paid by the party at
 1019  whose instance service is made. No additional fees, charges, or
 1020  costs shall be added to the filing fees imposed under this
 1021  section, except as authorized in this section or by general law.
 1022         2.a. Notwithstanding the fees prescribed in subparagraph
 1023  1., a party instituting a civil action in circuit court relating
 1024  to real property or mortgage foreclosure shall pay a graduated
 1025  filing fee based on the value of the claim.
 1026         b. A party shall estimate in writing the amount in
 1027  controversy of the claim upon filing the action. For purposes of
 1028  this subparagraph, the value of a mortgage foreclosure action is
 1029  based upon the principal due on the note secured by the
 1030  mortgage, plus interest owed on the note and any moneys advanced
 1031  by the lender for property taxes, insurance, and other advances
 1032  secured by the mortgage, at the time of filing the foreclosure.
 1033  The value shall also include the value of any tax certificates
 1034  related to the property. In stating the value of a mortgage
 1035  foreclosure claim, a party shall declare in writing the total
 1036  value of the claim, as well as the individual elements of the
 1037  value as prescribed in this sub-subparagraph.
 1038         c. In its order providing for the final disposition of the
 1039  matter, the court shall identify the actual value of the claim.
 1040  The clerk shall adjust the filing fee if there is a difference
 1041  between the estimated amount in controversy and the actual value
 1042  of the claim and collect any additional filing fee owed or
 1043  provide a refund of excess filing fee paid.
 1044         d. The party shall pay a filing fee of:
 1045         (I) Three hundred and ninety-five dollars in all cases in
 1046  which the value of the claim is $50,000 or less and in which
 1047  there are not more than five defendants. The party shall pay an
 1048  additional filing fee of up to $2.50 for each defendant in
 1049  excess of five. Of the first $303 $265 in filing fees, $118 $80
 1050  must be remitted by the clerk to the Department of Revenue for
 1051  deposit into the General Revenue Fund, $180 must be remitted to
 1052  the Department of Revenue for deposit into the State Courts
 1053  Revenue Trust Fund, $3.50 must be remitted to the Department of
 1054  Revenue for deposit into the Clerks of the Court Trust Fund
 1055  within the Justice Administrative Commission and used to fund
 1056  the Florida Clerks of Court Operations Corporation created in s.
 1057  28.35, and $1.50 shall be remitted to the Department of Revenue
 1058  for deposit into the Administrative Trust Fund within the
 1059  Department of Financial Services to fund clerk budget reviews
 1060  conducted by the Department of Financial Services. The next $15
 1061  of the filing fee collected shall be deposited in the state
 1062  courts’ Mediation and Arbitration Trust Fund;
 1063         (II) Nine hundred dollars in all cases in which the value
 1064  of the claim is more than $50,000 but less than $250,000 and in
 1065  which there are not more than five defendants. The party shall
 1066  pay an additional filing fee of up to $2.50 for each defendant
 1067  in excess of five. Of the first $808 $770 in filing fees, $118
 1068  $80 must be remitted by the clerk to the Department of Revenue
 1069  for deposit into the General Revenue Fund, $685 must be remitted
 1070  to the Department of Revenue for deposit into the State Courts
 1071  Revenue Trust Fund, $3.50 must be remitted to the Department of
 1072  Revenue for deposit into the Clerks of the Court Trust Fund
 1073  within the Justice Administrative Commission and used to fund
 1074  the Florida Clerks of Court Operations Corporation described in
 1075  s. 28.35, and $1.50 shall be remitted to the Department of
 1076  Revenue for deposit into the Administrative Trust Fund within
 1077  the Department of Financial Services to fund clerk budget
 1078  reviews conducted by the Department of Financial Services. The
 1079  next $15 of the filing fee collected shall be deposited in the
 1080  state courts’ Mediation and Arbitration Trust Fund; or
 1081         (III) One thousand nine hundred dollars in all cases in
 1082  which the value of the claim is $250,000 or more 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 $1,808 $1,770 in filing fees, $118
 1086  $80 must be remitted by the clerk to the Department of Revenue
 1087  for deposit into the General Revenue Fund, $1,685 must be
 1088  remitted to the Department of Revenue for deposit into the State
 1089  Courts Revenue Trust Fund, $3.50 must be remitted to the
 1090  Department of Revenue for deposit into the Clerks of the Court
 1091  Trust Fund within the Justice Administrative Commission to fund
 1092  the Florida Clerks of Court Operations Corporation created in s.
 1093  28.35, and $1.50 shall be remitted to the Department of Revenue
 1094  for deposit into the Administrative Trust Fund within the
 1095  Department of Financial Services to fund clerk budget reviews
 1096  conducted by the Department of Financial Services. The next $15
 1097  of the filing fee collected shall be deposited in the state
 1098  courts’ Mediation and Arbitration Trust Fund.
 1099         e. An additional filing fee of $4 shall be paid to the
 1100  clerk. The clerk shall remit $3.50 to the Department of Revenue
 1101  for deposit into the Court Education Trust Fund and shall remit
 1102  50 cents to the Department of Revenue for deposit into the
 1103  Clerks of the Court Trust Fund within the Justice Administrative
 1104  Commission to fund clerk education. An additional filing fee of
 1105  up to $18 shall be paid by the party seeking each severance that
 1106  is granted. The clerk may impose an additional filing fee of up
 1107  to $85 for all proceedings of garnishment, attachment, replevin,
 1108  and distress. Postal charges incurred by the clerk of the
 1109  circuit court in making service by certified or registered mail
 1110  on defendants or other parties shall be paid by the party at
 1111  whose instance service is made. No additional fees, charges, or
 1112  costs shall be added to the filing fees imposed under this
 1113  section, except as authorized in this section or by general law.
 1114         (7) Nothing in this section or in the revisions made to it
 1115  by chapters 2009-61 and 2009-204, Laws of Florida, authorizes
 1116  the assessment of a filing fee if the assessment is otherwise
 1117  prohibited by law.
 1118         Section 12. Section 28.245, Florida Statutes, is amended to
 1119  read:
 1120         28.245 Transmittal of funds to Department of Revenue;
 1121  uniform remittance form required.—Notwithstanding any other
 1122  provision of law, all moneys collected by the clerks of the
 1123  court as part of the clerk’s court-related functions for
 1124  subsequent distribution to any state entity, including deposits
 1125  into the Clerk of Court Trust Fund within the Justice
 1126  Administrative Commission, shall be transmitted electronically
 1127  to the Department of Revenue within 7 working days after the end
 1128  of the week in which the moneys were collected must be
 1129  transmitted electronically, by the 20th day of the month
 1130  immediately following the month in which the moneys are
 1131  collected, to the Department of Revenue for appropriate
 1132  distribution. A uniform remittance form provided by the
 1133  Department of Revenue detailing the specific amounts due each
 1134  fund must accompany such submittal. All moneys collected by the
 1135  clerks of court for remittance to any entity must be distributed
 1136  pursuant to the law in effect at the time of collection.
 1137         Section 13. Subsections (3) and (10) of section 28.36,
 1138  Florida Statutes, are amended to read
 1139         28.36 Budget procedure.—There is established a budget
 1140  procedure for preparing budget requests for funding for the
 1141  court-related functions of the clerks of the court.
 1142         (3) Each clerk shall include in his or her budget request
 1143  the number of personnel and the proposed budget for each of the
 1144  following core services:
 1145         (a) Circuit criminal Case processing.
 1146         (b) County criminal Financial processing.
 1147         (c) Juvenile delinquency Jury management.
 1148         (d) Criminal traffic Information and reporting.
 1149         (e) Circuit civil.
 1150         (f) County civil.
 1151         (g) Civil traffic.
 1152         (h) Probate.
 1153         (i) Family.
 1154         (j) Juvenile dependency.
 1155  
 1156  Central administrative costs shall be allocated among the core
 1157  services categories.
 1158         (10) For the 2009-2010 fiscal year, the corporation shall
 1159  release appropriations in an amount equal to one-twelfth of each
 1160  clerk’s approved budget each month. The statewide total
 1161  appropriation for the 2009-2010 fiscal year shall be set in the
 1162  General Appropriations Act. The corporation shall determine the
 1163  amount of each clerk of court budget, but the statewide total of
 1164  such amounts may not exceed the amount listed in the General
 1165  Appropriations Act. Beginning in the 2010-2011 fiscal year, the
 1166  corporation shall release appropriations to each clerk monthly,
 1167  except for the first month of the fiscal year, which shall be
 1168  based on estimate of 1 month’s service units quarterly. The
 1169  amount of the release after the first month of the fiscal year
 1170  shall be based on the prior month’s quarter’s performance of
 1171  service units identified in the four core services and the
 1172  established unit costs for each clerk. If, during the year the
 1173  corporation determines that the projected reimbursement for
 1174  service units will result in statewide expenditures greater than
 1175  the amount appropriated by law, the corporation shall reduce all
 1176  service unit costs of all clerks by the amount necessary to
 1177  ensure that projected units of service are funded within the
 1178  total amount appropriated to the clerks of court. If such action
 1179  is necessary, the corporation shall notify the Legislative
 1180  Budget Commission prior to taking action. If the Legislative
 1181  Budget Commission does not approve the adjustments, the
 1182  commission shall adjust all service unit costs in an amount
 1183  necessary to ensure that projected units of service are funded
 1184  within the total amount appropriated to the clerks of court at
 1185  the next scheduled meeting of the commission.
 1186         Section 14. Subsection (1) of section 29.001, Florida
 1187  Statutes, is amended to read:
 1188         29.001 State courts system elements and definitions.—
 1189         (1) For the purpose of implementing s. 14, Art. V of the
 1190  State Constitution, the state courts system is defined to
 1191  include the enumerated elements of the Supreme Court, district
 1192  courts of appeal, circuit courts, county courts, and certain
 1193  supports thereto. The offices of public defenders and state
 1194  attorneys are defined to include the enumerated elements of the
 1195  20 state attorneys’ offices and the enumerated elements of the
 1196  20 public defenders’ offices and five offices of criminal
 1197  conflict and civil regional counsel. Court-appointed counsel are
 1198  defined to include the enumerated elements for counsel appointed
 1199  to ensure due process in criminal and civil proceedings in
 1200  accordance with state and federal constitutional guarantees.
 1201  Funding for the state courts system, the state attorneys’
 1202  offices, the public defenders’ offices, the offices of criminal
 1203  conflict and civil regional counsel, and other court-appointed
 1204  counsel shall be provided from state revenues appropriated by
 1205  general law.
 1206         Section 15. Section 29.008, Florida Statutes, is amended to
 1207  read:
 1208         29.008 County funding of court-related functions.—
 1209         (1) Counties are required by s. 14, Art. V of the State
 1210  Constitution to fund the cost of communications services,
 1211  existing radio systems, existing multiagency criminal justice
 1212  information systems, and the cost of construction or lease,
 1213  maintenance, utilities, and security of facilities for the
 1214  circuit and county courts, public defenders’ offices, state
 1215  attorneys’ offices, guardian ad litem offices, and the offices
 1216  of the clerks of the circuit and county courts performing court
 1217  related functions. For purposes of this section, the term
 1218  “circuit and county courts” includes the offices and staffing of
 1219  the guardian ad litem programs, and the term “public defenders’
 1220  offices” includes the offices of criminal conflict and civil
 1221  regional counsel. The county designated under s. 35.05(1) as the
 1222  headquarters for each appellate district shall fund these costs
 1223  for the appellate division of the public defender’s office in
 1224  that county. For purposes of implementing these requirements,
 1225  the term:
 1226         (a) “Facility” means reasonable and necessary buildings and
 1227  office space and appurtenant equipment and furnishings,
 1228  structures, real estate, easements, and related interests in
 1229  real estate, including, but not limited to, those for the
 1230  purpose of housing legal materials for use by the general public
 1231  and personnel, equipment, or functions of the circuit or county
 1232  courts, public defenders’ offices, state attorneys’ offices, and
 1233  court-related functions of the office of the clerks of the
 1234  circuit and county courts and all storage. The term “facility”
 1235  includes all wiring necessary for court reporting services. The
 1236  term also includes access to parking for such facilities in
 1237  connection with such court-related functions that may be
 1238  available free or from a private provider or a local government
 1239  for a fee. The office space provided by a county may not be less
 1240  than the standards for space allotment adopted by the Department
 1241  of Management Services, except this requirement applies only to
 1242  facilities that are leased, or on which construction commences,
 1243  after June 30, 2003. County funding must include physical
 1244  modifications and improvements to all facilities as are required
 1245  for compliance with the Americans with Disabilities Act. Upon
 1246  mutual agreement of a county and the affected entity in this
 1247  paragraph, the office space provided by the county may vary from
 1248  the standards for space allotment adopted by the Department of
 1249  Management Services.
 1250         1. As of July 1, 2005, equipment and furnishings shall be
 1251  limited to that appropriate and customary for courtrooms,
 1252  hearing rooms, jury facilities, and other public areas in
 1253  courthouses and any other facility occupied by the courts, state
 1254  attorneys, public defenders, and guardians ad litem, and
 1255  criminal conflict and civil regional counsel. Court reporting
 1256  equipment in these areas or facilities is not a responsibility
 1257  of the county.
 1258         2. Equipment and furnishings under this paragraph in
 1259  existence and owned by counties on July 1, 2005, except for that
 1260  in the possession of the clerks, for areas other than
 1261  courtrooms, hearing rooms, jury facilities, and other public
 1262  areas in courthouses and any other facility occupied by the
 1263  courts, state attorneys, and public defenders, shall be
 1264  transferred to the state at no charge. This provision does not
 1265  apply to any communications services as defined in paragraph
 1266  (f).
 1267         (b) “Construction or lease” includes, but is not limited
 1268  to, all reasonable and necessary costs of the acquisition or
 1269  lease of facilities for all judicial officers, staff, jurors,
 1270  volunteers of a tenant agency, and the public for the circuit
 1271  and county courts, the public defenders’ offices, state
 1272  attorneys’ offices, and for performing the court-related
 1273  functions of the offices of the clerks of the circuit and county
 1274  courts. This includes expenses related to financing such
 1275  facilities and the existing and future cost and bonded
 1276  indebtedness associated with placing the facilities in use.
 1277         (c) “Maintenance” includes, but is not limited to, all
 1278  reasonable and necessary costs of custodial and groundskeeping
 1279  services and renovation and reconstruction as needed to
 1280  accommodate functions for the circuit and county courts, the
 1281  public defenders’ offices, and state attorneys’ offices and for
 1282  performing the court-related functions of the offices of the
 1283  clerks of the circuit and county court and for maintaining the
 1284  facilities in a condition appropriate and safe for the use
 1285  intended.
 1286         (d) “Utilities” means all electricity services for light,
 1287  heat, and power; natural or manufactured gas services for light,
 1288  heat, and power; water and wastewater services and systems,
 1289  stormwater or runoff services and systems, sewer services and
 1290  systems, all costs or fees associated with these services and
 1291  systems, and any costs or fees associated with the mitigation of
 1292  environmental impacts directly related to the facility.
 1293         (e) “Security” includes but is not limited to, all
 1294  reasonable and necessary costs of services of law enforcement
 1295  officers or licensed security guards and all electronic,
 1296  cellular, or digital monitoring and screening devices necessary
 1297  to ensure the safety and security of all persons visiting or
 1298  working in a facility; to provide for security of the facility,
 1299  including protection of property owned by the county or the
 1300  state; and for security of prisoners brought to any facility.
 1301  This includes bailiffs while providing courtroom and other
 1302  security for each judge and other quasi-judicial officers.
 1303         (f) “Communications services” are defined as any reasonable
 1304  and necessary transmission, emission, and reception of signs,
 1305  signals, writings, images, and sounds of intelligence of any
 1306  nature by wire, radio, optical, audio equipment, or other
 1307  electromagnetic systems and includes all facilities and
 1308  equipment owned, leased, or used by judges, clerks, public
 1309  defenders, state attorneys, guardians ad litem, criminal
 1310  conflict and civil regional counsel, and all staff of the state
 1311  courts system, state attorneys’ offices, public defenders’
 1312  offices, and clerks of the circuit and county courts performing
 1313  court-related functions. Such system or services shall include,
 1314  but not be limited to:
 1315         1. Telephone system infrastructure, including computer
 1316  lines, telephone switching equipment, and maintenance, and
 1317  facsimile equipment, wireless communications, cellular
 1318  telephones, pagers, and video teleconferencing equipment and
 1319  line charges. Each county shall continue to provide access to a
 1320  local carrier for local and long distance service and shall pay
 1321  toll charges for local and long distance service.
 1322         2. All computer networks, systems and equipment, including
 1323  computer hardware and software, modems, printers, wiring,
 1324  network connections, maintenance, support staff or services
 1325  including any county-funded support staff located in the offices
 1326  of the circuit court, county courts, state attorneys, public
 1327  defenders, and guardians ad litem, and criminal conflict and
 1328  civil regional counsel; training, supplies, and line charges
 1329  necessary for an integrated computer system to support the
 1330  operations and management of the state courts system, the
 1331  offices of the public defenders, the offices of the state
 1332  attorneys, the guardian ad litem offices, the offices of
 1333  criminal conflict and civil regional counsel, and the offices of
 1334  the clerks of the circuit and county courts; and the capability
 1335  to connect those entities and reporting data to the state as
 1336  required for the transmission of revenue, performance
 1337  accountability, case management, data collection, budgeting, and
 1338  auditing purposes. The integrated computer system shall be
 1339  operational by July 1, 2006, and, at a minimum, permit the
 1340  exchange of financial, performance accountability, case
 1341  management, case disposition, and other data across multiple
 1342  state and county information systems involving multiple users at
 1343  both the state level and within each judicial circuit and be
 1344  able to electronically exchange judicial case background data,
 1345  sentencing scoresheets, and video evidence information stored in
 1346  integrated case management systems over secure networks. Once
 1347  the integrated system becomes operational, counties may reject
 1348  requests to purchase communications services included in this
 1349  subparagraph not in compliance with standards, protocols, or
 1350  processes adopted by the board established pursuant to former s.
 1351  29.0086.
 1352         3. Courier messenger and subpoena services.
 1353         4. Auxiliary aids and services for qualified individuals
 1354  with a disability which are necessary to ensure access to the
 1355  courts. Such auxiliary aids and services include, but are not
 1356  limited to, sign language interpretation services required under
 1357  the federal Americans with Disabilities Act other than services
 1358  required to satisfy due-process requirements and identified as a
 1359  state funding responsibility pursuant to ss. 29.004, 29.005,
 1360  29.006, and 29.007, real-time transcription services for
 1361  individuals who are hearing impaired, and assistive listening
 1362  devices and the equipment necessary to implement such
 1363  accommodations.
 1364         (g) “Existing radio systems” includes, but is not limited
 1365  to, law enforcement radio systems that are used by the circuit
 1366  and county courts, the offices of the public defenders, the
 1367  offices of the state attorneys, and for court-related functions
 1368  of the offices of the clerks of the circuit and county courts.
 1369  This includes radio systems that were operational or under
 1370  contract at the time Revision No. 7, 1998, to Art. V of the
 1371  State Constitution was adopted and any enhancements made
 1372  thereafter, the maintenance of those systems, and the personnel
 1373  and supplies necessary for operation.
 1374         (h) “Existing multiagency criminal justice information
 1375  systems” includes, but is not limited to, those components of
 1376  the multiagency criminal justice information system as defined
 1377  in s. 943.045, supporting the offices of the circuit or county
 1378  courts, the public defenders’ offices, the state attorneys’
 1379  offices, or those portions of the offices of the clerks of the
 1380  circuit and county courts performing court-related functions
 1381  that are used to carry out the court-related activities of those
 1382  entities. This includes upgrades and maintenance of the current
 1383  equipment, maintenance and upgrades of supporting technology
 1384  infrastructure and associated staff, and services and expenses
 1385  to assure continued information sharing and reporting of
 1386  information to the state. The counties shall also provide
 1387  additional information technology services, hardware, and
 1388  software as needed for new judges and staff of the state courts
 1389  system, state attorneys’ offices, public defenders’ offices,
 1390  guardian ad litem offices, and the offices of the clerks of the
 1391  circuit and county courts performing court-related functions.
 1392         (2) Counties shall pay reasonable and necessary salaries,
 1393  costs, and expenses of the state courts system, including
 1394  associated staff and expenses, to meet local requirements.
 1395         (a) Local requirements are those specialized programs,
 1396  nonjudicial staff, and other expenses associated with
 1397  specialized court programs, specialized prosecution needs,
 1398  specialized defense needs, or resources required of a local
 1399  jurisdiction as a result of special factors or circumstances.
 1400  Local requirements exist:
 1401         1. When imposed pursuant to an express statutory directive,
 1402  based on such factors as provided in paragraph (b); or
 1403         2. When:
 1404         a. The county has enacted an ordinance, adopted a local
 1405  program, or funded activities with a financial or operational
 1406  impact on the circuit or a county within the circuit; or
 1407         b. Circumstances in a given circuit or county result in or
 1408  necessitate implementation of specialized programs, the
 1409  provision of nonjudicial staff and expenses to specialized court
 1410  programs, special prosecution needs, specialized defense needs,
 1411  or the commitment of resources to the court’s jurisdiction.
 1412         (b) Factors and circumstances resulting in the
 1413  establishment of a local requirement include, but are not
 1414  limited to:
 1415         1. Geographic factors;
 1416         2. Demographic factors;
 1417         3. Labor market forces;
 1418         4. The number and location of court facilities; or
 1419         5. The volume, severity, complexity, or mix of court cases.
 1420         (c) Local requirements under subparagraph (a)2. must be
 1421  determined by the following method:
 1422         1. The chief judge of the circuit, in conjunction with the
 1423  state attorney and, the public defender, and the criminal
 1424  conflict and civil regional counsel only on matters that impact
 1425  only their offices, shall identify all local requirements within
 1426  the circuit or within each county in the circuit and shall
 1427  identify the reasonable and necessary salaries, costs, and
 1428  expenses to meet these local requirements.
 1429         2. On or before June 1 of each year, the chief judge shall
 1430  submit to the board of county commissioners a tentative budget
 1431  request for local requirements for the ensuing fiscal year. The
 1432  tentative budget must certify a listing of all local
 1433  requirements and the reasonable and necessary salaries, costs,
 1434  and expenses for each local requirement. The board of county
 1435  commissioners may, by resolution, require the certification to
 1436  be submitted earlier.
 1437         3. The board of county commissioners shall thereafter treat
 1438  the certification in accordance with the county’s budgetary
 1439  procedures. A board of county commissioners may:
 1440         a. Determine whether to provide funding, and to what extent
 1441  it will provide funding, for salaries, costs, and expenses under
 1442  this section;
 1443         b. Require a county finance officer to conduct a preaudit
 1444  review of any county funds provided under this section prior to
 1445  disbursement;
 1446         c. Require review or audit of funds expended under this
 1447  section by the appropriate county office; and
 1448         d. Provide additional financial support for the courts
 1449  system, state attorneys, public defenders, or criminal conflict
 1450  and civil regional counsel.
 1451         (d) Counties may satisfy these requirements by entering
 1452  into interlocal agreements for the collective funding of these
 1453  reasonable and necessary salaries, costs, and expenses.
 1454         (3) The following shall be considered a local requirement
 1455  pursuant to subparagraph (2)(a)1.:
 1456         (a) Legal aid programs, which shall be funded at a level
 1457  equal to or greater than the amount provided from filing fees
 1458  and surcharges to legal aid programs from October 1, 2002, to
 1459  September 30, 2003.
 1460         (b) Alternative sanctions coordinators pursuant to ss.
 1461  984.09 and 985.037.
 1462         (4)(a) The Department of Financial Services shall review
 1463  county expenditure reports required under s. 29.0085 for the
 1464  purpose of ensuring that counties fulfill the responsibilities
 1465  of this section. The department shall compare county fiscal
 1466  reports to determine if expenditures for the items specified in
 1467  paragraphs (1)(a)-(h) and subsection (3) have increased by 1.5
 1468  percent over the prior county fiscal year. The initial review
 1469  must compare county fiscal year 2005-2006 to county fiscal year
 1470  2004-2005. If the department finds that expenditures for the
 1471  items specified in paragraphs (1)(a)-(h) and subsection (3) have
 1472  not increased by 1.5 percent over the prior county fiscal year,
 1473  the department shall notify the President of the Senate and the
 1474  Speaker of the House of Representatives and the respective
 1475  county. The Legislature may determine that a county has met its
 1476  obligations for items specified in this section if the prior
 1477  county fiscal year included nonrecurring expenditures for
 1478  facilities or information technology that is not needed in the
 1479  next county fiscal year or expenditures or actions that enable a
 1480  county to attain efficiencies in providing services to the court
 1481  system. The Legislature may direct the Department of Revenue to
 1482  withhold revenue-sharing receipts distributed pursuant to part
 1483  II of chapter 218, except for revenues used for paying the
 1484  principal or interest on bonds, tax anticipation certificates,
 1485  or any other form of indebtedness allowed under s. 218.25(1),
 1486  (2), or (4), from any county that is not in compliance with the
 1487  funding obligations in this section by an amount equal to the
 1488  difference between the amount spent and the amount that would
 1489  have been spent had the county increased expenditures by 1.5
 1490  percent per year.
 1491         (b) The department shall transfer the withheld payments to
 1492  the General Revenue Fund by March 31 of each year for the
 1493  previous county fiscal year. These payments are appropriated to
 1494  the Department of Revenue to pay for these responsibilities on
 1495  behalf of the county.
 1496         Section 16. Section 29.0095, Florida Statutes, is repealed.
 1497         Section 17. Section 29.0195, Florida Statutes, is amended
 1498  to read:
 1499         29.0195 Recovery of expenditures for state-funded
 1500  services.—The trial court administrator of each circuit shall
 1501  recover expenditures for state-funded services when those
 1502  services have been furnished to a user of the state court system
 1503  who possesses the present ability to pay. The rate of
 1504  compensation for such services shall be the actual cost of the
 1505  services, including the cost of recovery. The trial court
 1506  administrator shall deposit moneys recovered under this section
 1507  in the Administrative Operating Trust Fund within the state
 1508  courts court system. The trial court administrator shall recover
 1509  the costs of court reporter services and transcription; court
 1510  interpreter services, including translation; and any other
 1511  service for which state funds were used to provide a product or
 1512  service within the circuit. This section does not authorize cost
 1513  recovery from entities described in ss. 29.005, 29.006, and
 1514  29.007.
 1515         Section 18. Paragraph (a) of subsection (1) of section
 1516  34.041, Florida Statutes, is amended to read:
 1517         34.041 Filing fees.—
 1518         (1)(a) Upon the institution of any civil action, suit, or
 1519  proceeding in county court, the party shall pay the following
 1520  filing fee, not to exceed:
 1521         1. For all claims less than $100.....................$50.
 1522         2. For all claims of $100 or more but not more than $500$75.
 1523         3. For all claims of more than $500 but not more than
 1524  $2,500.....................................................$170.
 1525         4. For all claims of more than $2,500...............$295.
 1526         5. In addition, for all proceedings of garnishment,
 1527  attachment, replevin, and distress..........................$85.
 1528         6. Notwithstanding subparagraphs 3. and 5., for all claims
 1529  of not more than $1,000 filed simultaneously with an action for
 1530  replevin of property that is the subject of the claim......$125.
 1531         7. For removal of tenant action.....................$180.
 1532  
 1533  The filing fee prescribed in subparagraph 6. is the total fee
 1534  due under this paragraph for that type of filing. No other
 1535  filing fee under this paragraph shall be assessed against such a
 1536  filing.
 1537         Section 19. Subsection (6) of section 35.22, Florida
 1538  Statutes, is amended to read:
 1539         35.22 Clerk of district court; appointment; compensation;
 1540  assistants; filing fees; teleconferencing.—
 1541         (6) The clerk of each district court of appeal is required
 1542  to deposit all fees collected in the State Treasury to the
 1543  credit of the General Revenue Fund, except that $50 of each $300
 1544  filing fee collected shall be deposited into the State Courts
 1545  Revenue state court’s Operating Trust Fund to fund court
 1546  operations improvement projects as authorized in the General
 1547  Appropriations Act. The clerk shall retain an accounting of each
 1548  such remittance.
 1549         Section 20. Section 39.0134, Florida Statutes, is amended
 1550  to read:
 1551         39.0134 Appointed counsel; compensation.—
 1552         (1) If counsel is entitled to receive compensation for
 1553  representation pursuant to a court appointment in a dependency
 1554  proceeding or a termination of parental rights proceeding
 1555  pursuant to this chapter, compensation shall be paid in
 1556  accordance with s. 27.5304. The state may acquire and enforce a
 1557  lien upon court-ordered payment of attorney’s fees and costs in
 1558  the same manner prescribed in s. 938.29 accordance with s.
 1559  984.08.
 1560         (2)(a) A parent whose child is dependent, whether or not
 1561  adjudication was withheld, or whose parental rights are
 1562  terminated and who has received the assistance of the office of
 1563  criminal conflict and civil regional counsel, or any other
 1564  court-appointed attorney, or who has received due process
 1565  services after being found indigent for costs under s. 57.082,
 1566  shall be liable for payment of the assessed application fee
 1567  under s. 57.082, together with reasonable attorney’s fees and
 1568  costs as determined by the court.
 1569         (b) If reasonable attorney’s fees or costs are assessed,
 1570  the court, at its discretion, may make payment of the fees or
 1571  costs part of any case plan in dependency proceedings. However,
 1572  a case plan may not remain open for the sole issue of payment of
 1573  attorney’s fees or costs. At the courts discretion, a lien upon
 1574  court-ordered payment of attorney’s fees and costs may be
 1575  ordered by the court and enforced in the same manner prescribed
 1576  in s. 938.29.
 1577         (c) The clerk of the court shall transfer monthly all
 1578  attorney’s fees and costs collected under this subsection to the
 1579  Department of Revenue for deposit into the Indigent Civil
 1580  Defense Trust Fund, to be used as appropriated by the
 1581  Legislature and consistent with s. 27.5111.
 1582         Section 21. Subsection (1) of section 39.821, Florida
 1583  Statutes, is amended to read:
 1584         39.821 Qualifications of guardians ad litem.—
 1585         (1) Because of the special trust or responsibility placed
 1586  in a guardian ad litem, the Guardian Ad Litem Program may use
 1587  any private funds collected by the program, or any state funds
 1588  so designated, to conduct a security background investigation
 1589  before certifying a volunteer to serve. A security background
 1590  investigation must include, but need not be limited to,
 1591  employment history checks, checks of references, local criminal
 1592  records checks through local law enforcement agencies, and
 1593  statewide criminal records checks through the Department of Law
 1594  Enforcement. Upon request, an employer shall furnish a copy of
 1595  the personnel record for the employee or former employee who is
 1596  the subject of a security background investigation conducted
 1597  under this section. The information contained in the personnel
 1598  record may include, but need not be limited to, disciplinary
 1599  matters and the reason why the employee was terminated from
 1600  employment. An employer who releases a personnel record for
 1601  purposes of a security background investigation is presumed to
 1602  have acted in good faith and is not liable for information
 1603  contained in the record without a showing that the employer
 1604  maliciously falsified the record. A security background
 1605  investigation conducted under this section must ensure that a
 1606  person is not certified as a guardian ad litem if the person has
 1607  been convicted of, regardless of adjudication, or entered a plea
 1608  of nolo contendere or guilty to, any offense prohibited under
 1609  the provisions listed in s. 435.04 of the Florida Statutes
 1610  specified in s. 435.04(2) or under any similar law in another
 1611  jurisdiction. Effective July 1, 2010, all applicants must
 1612  undergo a level 2 background screening pursuant to chapter 435
 1613  before being certified Before certifying an applicant to serve
 1614  as a guardian ad litem, and the Guardian Ad Litem Program may
 1615  request a federal criminal records check of the applicant
 1616  through the Federal Bureau of Investigation. In analyzing and
 1617  evaluating the information obtained in the security background
 1618  investigation, the program must give particular emphasis to past
 1619  activities involving children, including, but not limited to,
 1620  child-related criminal offenses or child abuse. The program has
 1621  the sole discretion in determining whether to certify a person
 1622  based on his or her security background investigation. The
 1623  information collected pursuant to the security background
 1624  investigation is confidential and exempt from s. 119.07(1).
 1625         Section 22. Subsections (1) and (5) of section 57.082,
 1626  Florida Statutes, are amended to read:
 1627         57.082 Determination of civil indigent status.—
 1628         (1) APPLICATION TO THE CLERK.—A person seeking appointment
 1629  of an attorney in a civil case eligible for court-appointed
 1630  counsel, or seeking relief from payment of filing fees and
 1631  prepayment of costs under s. 57.081, based upon an inability to
 1632  pay must apply to the clerk of the court for a determination of
 1633  civil indigent status using an application form developed by the
 1634  Florida Clerks of Court Operations Corporation with final
 1635  approval by the Supreme Court.
 1636         (a) The application must include, at a minimum, the
 1637  following financial information:
 1638         1. Net income, consisting of total salary and wages, minus
 1639  deductions required by law, including court-ordered support
 1640  payments.
 1641         2. Other income, including, but not limited to, social
 1642  security benefits, union funds, veterans’ benefits, workers’
 1643  compensation, other regular support from absent family members,
 1644  public or private employee pensions, unemployment compensation,
 1645  dividends, interest, rent, trusts, and gifts.
 1646         3. Assets, including, but not limited to, cash, savings
 1647  accounts, bank accounts, stocks, bonds, certificates of deposit,
 1648  equity in real estate, and equity in a boat or a motor vehicle
 1649  or in other tangible property.
 1650         4. All liabilities and debts.
 1651  
 1652  The application must include a signature by the applicant which
 1653  attests to the truthfulness of the information provided. The
 1654  application form developed by the corporation must include
 1655  notice that the applicant may seek court review of a clerk’s
 1656  determination that the applicant is not indigent, as provided in
 1657  this section.
 1658         (b) The clerk shall assist a person who appears before the
 1659  clerk and requests assistance in completing the application, and
 1660  the clerk shall notify the court if a person is unable to
 1661  complete the application after the clerk has provided
 1662  assistance.
 1663         (c) The clerk shall accept an application that is signed by
 1664  the applicant and submitted on his or her behalf by a private
 1665  attorney who is representing the applicant in the applicable
 1666  matter.
 1667         (d) A person who seeks appointment of an attorney in a
 1668  proceeding case under chapter 39, at shelter hearings or during
 1669  the adjudicatory process, during the judicial review process,
 1670  upon the filing of a petition to terminate parental rights, or
 1671  upon the filing of any appeal, or if the person seeks
 1672  appointment of an attorney in a reopened proceeding the trial or
 1673  appellate level, for which an indigent person is eligible for
 1674  court-appointed representation must, shall pay a $50 application
 1675  fee to the clerk for each application filed. A person is not
 1676  required to pay more than one application fee per case. However,
 1677  an appeal or the reopening of a proceeding shall be deemed to be
 1678  a distinct case. The applicant must shall pay the fee within 7
 1679  days after submitting the application. If the applicant has not
 1680  paid the fee within 7 days, the court shall enter an order
 1681  requiring payment, and the clerk shall pursue collection under
 1682  s. 28.246. The clerk shall transfer monthly all application fees
 1683  collected under this paragraph to the Department of Revenue for
 1684  deposit into the Indigent Civil Defense Trust Fund, to be used
 1685  as appropriated by the Legislature. The clerk may retain 10
 1686  percent of application fees collected monthly for administrative
 1687  costs prior to remitting the remainder to the Department of
 1688  Revenue. A person found to be indigent may not be refused
 1689  counsel. If the person cannot pay the application fee, the clerk
 1690  shall enroll the person in a payment plan pursuant to s. 28.246.
 1691         (5) APPOINTMENT OF COUNSEL.—In appointing counsel after a
 1692  determination that a person is indigent under this section, the
 1693  court shall first appoint the office of criminal conflict and
 1694  civil regional counsel, as provided in s. 27.511, unless
 1695  specific provision is made in law for the appointment of the
 1696  public defender in the particular civil proceeding. The court
 1697  shall also order the person to pay the application fee under
 1698  subsection (1), or enroll in a payment plan if he or she is
 1699  unable to pay the fee, if the fee remains unpaid or if the
 1700  person has not enrolled in a payment plan at the time the court
 1701  appoints counsel. However, a person who is found to be indigent
 1702  may not be refused counsel.
 1703         Section 23. Subsection (2) of section 316.192, Florida
 1704  Statutes, is amended to read:
 1705         316.192 Reckless driving.—
 1706         (2) Except as provided in subsection (3), any person
 1707  convicted of reckless driving shall be punished:
 1708         (a) Upon a first conviction, by imprisonment for a period
 1709  of not more than 90 days or by fine of not less than $100 $25
 1710  nor more than $500, or by both such fine and imprisonment.
 1711         (b) On a second or subsequent conviction, by imprisonment
 1712  for not more than 6 months or by a fine of not less than $200
 1713  $50 nor more than $1,000, or by both such fine and imprisonment.
 1714         Section 24. Effective October 1, 2010, subsection (4) of
 1715  section 320.02, Florida Statutes, is amended to read:
 1716         320.02 Registration required; application for registration;
 1717  forms.—
 1718         (4) The owner of any motor vehicle registered in the state
 1719  shall notify the department in writing of any change of address
 1720  within 60 20 days after of such change. The notification shall
 1721  include the registration license plate number, the vehicle
 1722  identification number (VIN) or title certificate number, year of
 1723  vehicle make, and the owner’s full name.
 1724         Section 25. Effective October 1, 2010, section 320.061,
 1725  Florida Statutes, is amended to read:
 1726         320.061 Unlawful to alter motor vehicle registration
 1727  certificates, license plates, mobile home stickers, or
 1728  validation stickers or to obscure license plates; penalty.—No
 1729  person shall alter the original appearance of any registration
 1730  license plate, mobile home sticker, validation sticker, or
 1731  vehicle registration certificate issued for and assigned to any
 1732  motor vehicle or mobile home, whether by mutilation, alteration,
 1733  defacement, or change of color or in any other manner. No person
 1734  shall apply or attach any substance, reflective matter,
 1735  illuminated device, spray, coating, covering, or other material
 1736  onto or around any license plate that interferes with the
 1737  legibility, angular visibility, or detectability of any feature
 1738  or detail on the license plate or interferes with the ability to
 1739  record any feature or detail on the license plate. Any person
 1740  who violates this section commits a noncriminal traffic
 1741  infraction, punishable as a moving violation as provided in
 1742  chapter 318 misdemeanor of the second degree, punishable as
 1743  provided in s. 775.082 or s. 775.083.
 1744         Section 26. Effective October 1, 2010, subsection (3) of
 1745  section 320.131, Florida Statutes, is amended to read:
 1746         320.131 Temporary tags.—
 1747         (3) Any person or corporation who unlawfully issues or uses
 1748  a temporary tag or violates this section or any rule adopted by
 1749  the department to implement this section is guilty of a
 1750  noncriminal infraction, punishable as a moving violation as
 1751  provided in chapter 318 misdemeanor of the second degree
 1752  punishable as provided in s. 775.082 or s. 775.083 in addition
 1753  to other administrative action by the department., except that
 1754  Using a temporary tag that has been expired for a period of 7
 1755  days or less is a noncriminal infraction, and is a nonmoving
 1756  violation punishable as provided for in chapter 318.
 1757         Section 27. Effective October 1, 2010, section 320.38,
 1758  Florida Statutes, is amended to read:
 1759         320.38 When nonresident exemption not allowed.—The
 1760  provisions of s. 320.37 authorizing the operation of motor
 1761  vehicles over the roads of this state by nonresidents of this
 1762  state when such vehicles are duly registered or licensed under
 1763  the laws of some other state or foreign country do not apply to
 1764  any nonresident who accepts employment or engages in any trade,
 1765  profession, or occupation in this state, except a nonresident
 1766  migrant or seasonal farm worker as defined in s. 316.003(61). In
 1767  every case in which a nonresident, except a nonresident migrant
 1768  or seasonal farm worker as defined in s. 316.003(61), accepts
 1769  employment or engages in any trade, profession, or occupation in
 1770  this state or enters his or her children to be educated in the
 1771  public schools of this state, such nonresident shall, within 60
 1772  10 days after the commencement of such employment or education,
 1773  register his or her motor vehicles in this state if such motor
 1774  vehicles are proposed to be operated on the roads of this state.
 1775  Any person who is enrolled as a student in a college or
 1776  university and who is a nonresident but who is in this state for
 1777  a period of up to 6 months engaged in a work-study program for
 1778  which academic credits are earned from a college whose credits
 1779  or degrees are accepted for credit by at least three accredited
 1780  institutions of higher learning, as defined in s. 1005.02, is
 1781  not required to have a Florida registration for the duration of
 1782  the work-study program if the person’s vehicle is properly
 1783  registered in another jurisdiction. Any nonresident who is
 1784  enrolled as a full-time student in such institution of higher
 1785  learning is also exempt for the duration of such enrollment.
 1786         Section 28. Effective October 1, 2010, subsections (1) and
 1787  (5) of section 322.03, Florida Statutes, are amended to read:
 1788         322.03 Drivers must be licensed; penalties.—
 1789         (1) Except as otherwise authorized in this chapter, a
 1790  person may not drive any motor vehicle upon a highway in this
 1791  state unless such person has a valid driver’s license issued
 1792  under this chapter.
 1793         (a) A person who drives a commercial motor vehicle may not
 1794  receive a driver’s license unless and until he or she surrenders
 1795  to the department all driver’s licenses in his or her possession
 1796  issued to him or her by any other jurisdiction or makes an
 1797  affidavit that he or she does not possess a driver’s license.
 1798  Any such person who fails to surrender such licenses commits a
 1799  noncriminal infraction punishable as a moving violation as set
 1800  forth in chapter 318. Any such person or who makes a false
 1801  affidavit concerning such licenses commits a misdemeanor of the
 1802  first degree, punishable as provided in s. 775.082 or s.
 1803  775.083.
 1804         (b) All surrendered licenses may be returned by the
 1805  department to the issuing jurisdiction together with information
 1806  that the licensee is now licensed in a new jurisdiction or may
 1807  be destroyed by the department, which shall notify the issuing
 1808  jurisdiction of such destruction. A person may not have more
 1809  than one valid driver’s license at any time.
 1810         (c) Part-time residents of this state issued a license that
 1811  is valid within this state only under paragraph (b) as that
 1812  paragraph existed before November 1, 2009, may continue to hold
 1813  such license until the next issuance of a Florida driver’s
 1814  license or identification card. Licenses that are identified as
 1815  “Valid in Florida Only” may not be issued or renewed effective
 1816  November 1, 2009. This paragraph expires June 30, 2017.
 1817         (5) It is a violation of this section for any person whose
 1818  driver’s license has been expired for more than 6 4 months to
 1819  operate a motor vehicle on the highways of this state.
 1820         Section 29. Effective October 1, 2010, subsections (5) and
 1821  (6) of section 322.16, Florida Statutes, are amended to read:
 1822         322.16 License restrictions.—
 1823         (5)It is a misdemeanor of the second degree, punishable as
 1824  provided in s. 775.082 or s. 775.083, for any person to operate
 1825  a motor vehicle in any manner in violation of the restrictions
 1826  imposed in a license issued to him or her except for a violation
 1827  of paragraph (1)(d), subsection (2), or subsection (3).
 1828         (5)(6) Any person who operates a motor vehicle in violation
 1829  of the restrictions imposed in this section subsection (2) or
 1830  subsection (3) will be charged with a moving violation and fined
 1831  in accordance with chapter 318.
 1832         Section 30. Paragraph (a) of subsection (2) of section
 1833  394.4599, Florida Statutes, is amended to read:
 1834         394.4599 Notice.—
 1835         (2) INVOLUNTARY PATIENTS.—
 1836         (a) Whenever notice is required to be given under this
 1837  part, such notice shall be given to the patient and the
 1838  patient’s guardian, guardian advocate, attorney, and
 1839  representative.
 1840         1. When notice is required to be given to a patient, it
 1841  shall be given both orally and in writing, in the language and
 1842  terminology that the patient can understand, and, if needed, the
 1843  facility shall provide an interpreter for the patient.
 1844         2. Notice to a patient’s guardian, guardian advocate,
 1845  attorney, and representative shall be given by United States
 1846  mail and by registered or certified mail with the receipts
 1847  attached to the patient’s clinical record. Hand delivery by a
 1848  facility employee may be used as an alternative, with delivery
 1849  documented in the clinical record. If notice is given by a state
 1850  attorney or an attorney for the department, a certificate of
 1851  service shall be sufficient to document service.
 1852         Section 31. Subsection (3) of section 394.4615, Florida
 1853  Statutes, is amended to read:
 1854         394.4615 Clinical records; confidentiality.—
 1855         (3) Information from the clinical record may be released in
 1856  the following circumstances:
 1857         (a) When a patient has declared an intention to harm other
 1858  persons. When such declaration has been made, the administrator
 1859  may authorize the release of sufficient information to provide
 1860  adequate warning to the person threatened with harm by the
 1861  patient.
 1862         (b) When the administrator of the facility or secretary of
 1863  the department deems release to a qualified researcher as
 1864  defined in administrative rule, an aftercare treatment provider,
 1865  or an employee or agent of the department is necessary for
 1866  treatment of the patient, maintenance of adequate records,
 1867  compilation of treatment data, aftercare planning, or evaluation
 1868  of programs.
 1869  
 1870  For the purpose of determining whether a person meets the
 1871  criteria for involuntary outpatient placement or for preparing
 1872  the proposed treatment plan pursuant to s. 394.4655, the
 1873  clinical record may be released to the state attorney, the
 1874  public defender or the patient’s private legal counsel, the
 1875  court, and to the appropriate mental health professionals,
 1876  including the service provider identified in s.
 1877  394.4655(6)(b)2., in accordance with state and federal law.
 1878         Section 32. Paragraph (c) of subsection (3), paragraph (a)
 1879  of subsection (6), and paragraph (a) of subsection (7) of
 1880  section 394.4655, Florida Statutes, are amended to read:
 1881         394.4655 Involuntary outpatient placement.—
 1882         (3) PETITION FOR INVOLUNTARY OUTPATIENT PLACEMENT.—
 1883         (c) The petition for involuntary outpatient placement must
 1884  be filed in the county where the patient is located, unless the
 1885  patient is being placed from a state treatment facility, in
 1886  which case the petition must be filed in the county where the
 1887  patient will reside. When the petition has been filed, the clerk
 1888  of the court shall provide copies of the petition and the
 1889  proposed treatment plan to the department, the patient, the
 1890  patient’s guardian or representative, the state attorney, and
 1891  the public defender or the patient’s private counsel. A fee may
 1892  not be charged for filing a petition under this subsection.
 1893         (6) HEARING ON INVOLUNTARY OUTPATIENT PLACEMENT.—
 1894         (a)1. The court shall hold the hearing on involuntary
 1895  outpatient placement within 5 working days after the filing of
 1896  the petition, unless a continuance is granted. The hearing shall
 1897  be held in the county where the petition is filed, shall be as
 1898  convenient to the patient as is consistent with orderly
 1899  procedure, and shall be conducted in physical settings not
 1900  likely to be injurious to the patient’s condition. If the court
 1901  finds that the patient’s attendance at the hearing is not
 1902  consistent with the best interests of the patient and if the
 1903  patient’s counsel does not object, the court may waive the
 1904  presence of the patient from all or any portion of the hearing.
 1905  The state attorney for the circuit in which the patient is
 1906  located shall represent the state, rather than the petitioner,
 1907  as the real party in interest in the proceeding.
 1908         2. The court may appoint a master to preside at the
 1909  hearing. One of the professionals who executed the involuntary
 1910  outpatient placement certificate shall be a witness. The patient
 1911  and the patient’s guardian or representative shall be informed
 1912  by the court of the right to an independent expert examination.
 1913  If the patient cannot afford such an examination, the court
 1914  shall provide for one. The independent expert’s report shall be
 1915  confidential and not discoverable, unless the expert is to be
 1916  called as a witness for the patient at the hearing. The court
 1917  shall allow testimony from individuals, including family
 1918  members, deemed by the court to be relevant under state law,
 1919  regarding the person’s prior history and how that prior history
 1920  relates to the person’s current condition. The testimony in the
 1921  hearing must be given under oath, and the proceedings must be
 1922  recorded. The patient may refuse to testify at the hearing.
 1923         (7) PROCEDURE FOR CONTINUED INVOLUNTARY OUTPATIENT
 1924  PLACEMENT.—
 1925         (a)1. If the person continues to meet the criteria for
 1926  involuntary outpatient placement, the service provider shall,
 1927  before the expiration of the period during which the treatment
 1928  is ordered for the person, file in the circuit court a petition
 1929  for continued involuntary outpatient placement.
 1930         2. The existing involuntary outpatient placement order
 1931  remains in effect until disposition on the petition for
 1932  continued involuntary outpatient placement.
 1933         3. A certificate shall be attached to the petition which
 1934  includes a statement from the person’s physician or clinical
 1935  psychologist justifying the request, a brief description of the
 1936  patient’s treatment during the time he or she was involuntarily
 1937  placed, and an individualized plan of continued treatment.
 1938         4. The service provider shall develop the individualized
 1939  plan of continued treatment in consultation with the patient or
 1940  the patient’s guardian advocate, if appointed. When the petition
 1941  has been filed, the clerk of the court shall provide copies of
 1942  the certificate and the individualized plan of continued
 1943  treatment to the department, the patient, the patient’s guardian
 1944  advocate, the state attorney, and the patient’s private counsel
 1945  or the public defender.
 1946         Section 33. Subsection (3) and paragraph (a) of subsection
 1947  (6) of section 394.467, Florida Statutes, are amended to read:
 1948         394.467 Involuntary inpatient placement.—
 1949         (3) PETITION FOR INVOLUNTARY INPATIENT PLACEMENT.—The
 1950  administrator of the facility shall file a petition for
 1951  involuntary inpatient placement in the court in the county where
 1952  the patient is located. Upon filing, the clerk of the court
 1953  shall provide copies to the department, the patient, the
 1954  patient’s guardian or representative, and the state attorney and
 1955  public defender of the judicial circuit in which the patient is
 1956  located. No fee shall be charged for the filing of a petition
 1957  under this subsection.
 1958         (6) HEARING ON INVOLUNTARY INPATIENT PLACEMENT.—
 1959         (a)1. The court shall hold the hearing on involuntary
 1960  inpatient placement within 5 days, unless a continuance is
 1961  granted. The hearing shall be held in the county where the
 1962  patient is located and shall be as convenient to the patient as
 1963  may be consistent with orderly procedure and shall be conducted
 1964  in physical settings not likely to be injurious to the patient’s
 1965  condition. If the court finds that the patient’s attendance at
 1966  the hearing is not consistent with the best interests of the
 1967  patient, and the patient’s counsel does not object, the court
 1968  may waive the presence of the patient from all or any portion of
 1969  the hearing. The state attorney for the circuit in which the
 1970  patient is located shall represent the state, rather than the
 1971  petitioning facility administrator, as the real party in
 1972  interest in the proceeding.
 1973         2. The court may appoint a general or special magistrate to
 1974  preside at the hearing. One of the professionals who executed
 1975  the involuntary inpatient placement certificate shall be a
 1976  witness. The patient and the patient’s guardian or
 1977  representative shall be informed by the court of the right to an
 1978  independent expert examination. If the patient cannot afford
 1979  such an examination, the court shall provide for one. The
 1980  independent expert’s report shall be confidential and not
 1981  discoverable, unless the expert is to be called as a witness for
 1982  the patient at the hearing. The testimony in the hearing must be
 1983  given under oath, and the proceedings must be recorded. The
 1984  patient may refuse to testify at the hearing.
 1985         Section 34. Subsection (1) of section 775.083, Florida
 1986  Statutes, is amended to read:
 1987         775.083 Fines.—
 1988         (1) A person who has been convicted of an offense other
 1989  than a capital felony may be sentenced to pay a fine in addition
 1990  to any punishment described in s. 775.082; when specifically
 1991  authorized by statute, he or she may be sentenced to pay a fine
 1992  in lieu of any punishment described in s. 775.082. A person who
 1993  has been convicted of a noncriminal violation may be sentenced
 1994  to pay a fine. Fines for designated crimes and for noncriminal
 1995  violations shall not exceed:
 1996         (a) $15,000, when the conviction is of a life felony.
 1997         (b) $10,000, when the conviction is of a felony of the
 1998  first or second degree.
 1999         (c) $5,000, when the conviction is of a felony of the third
 2000  degree.
 2001         (d) $1,000, when the conviction is of a misdemeanor of the
 2002  first degree.
 2003         (e) $500, when the conviction is of a misdemeanor of the
 2004  second degree or a noncriminal violation.
 2005         (f) Any higher amount equal to double the pecuniary gain
 2006  derived from the offense by the offender or double the pecuniary
 2007  loss suffered by the victim.
 2008         (g) Any higher amount specifically authorized by statute.
 2009  
 2010  Fines imposed in this subsection shall be deposited by the clerk
 2011  of the court in the fine and forfeiture fund established
 2012  pursuant to s. 142.01, except that the clerk shall remit fines
 2013  imposed when adjudication is withheld to the Department of
 2014  Revenue for deposit shall be deposited in the General Revenue
 2015  Fund State Courts Revenue Trust Fund, and such fines imposed
 2016  when adjudication is withheld are not revenue for purposes of s.
 2017  28.36 and may not be used in establishing the budget of the
 2018  clerk of the court under that section or s. 28.35. If a
 2019  defendant is unable to pay a fine, the court may defer payment
 2020  of the fine to a date certain. As used in this subsection, the
 2021  term “convicted” or “conviction” means a determination of guilt
 2022  which is the result of a trial or the entry of a plea of guilty
 2023  or nolo contendere, regardless of whether adjudication is
 2024  withheld.
 2025         Section 35. Section 775.08401, Florida Statutes, is
 2026  repealed.
 2027         Section 36. Subsection (5) of section 775.087, Florida
 2028  Statutes, is repealed.
 2029         Section 37. Subsection (5) of section 775.0843, Florida
 2030  Statutes, is amended to read:
 2031         775.0843 Policies to be adopted for career criminal cases.—
 2032         (5) Each career criminal apprehension program shall
 2033  concentrate on the identification and arrest of career criminals
 2034  and the support of subsequent prosecution. The determination of
 2035  which suspected felony offenders shall be the subject of career
 2036  criminal apprehension efforts shall be made in accordance with
 2037  written target selection criteria selected by the individual law
 2038  enforcement agency and state attorney consistent with the
 2039  provisions of this section and s. ss. 775.08401 and 775.0842.
 2040         Section 38. Section 938.06, Florida Statutes, is amended to
 2041  read:
 2042         938.06 Additional Cost for crime stoppers programs.—
 2043         (1) In addition to any fine prescribed by law, when a
 2044  person is convicted of for any criminal offense, the county or
 2045  circuit court shall assess there is hereby assessed as a court
 2046  cost an additional surcharge of $20 on such fine, which shall be
 2047  imposed by all county and circuit courts and collected by the
 2048  clerks of the courts together with such fine.
 2049         (2) The clerk of the court shall collect and forward, on a
 2050  monthly basis, all costs assessed under this section, less $3
 2051  per assessment as a service charge to be retained by the clerk,
 2052  to the Department of Revenue for deposit in the Crime Stoppers
 2053  Trust Fund, to be used as provided in s. 16.555.
 2054         (3) As used in this section, the term “convicted” means a
 2055  determination of guilt which is the result of a trial or the
 2056  entry of a plea of guilty or nolo contendere, regardless of
 2057  whether adjudication is withheld.
 2058         Section 39. Section 939.08, Florida Statutes, is amended to
 2059  read:
 2060         939.08 Costs to be certified before audit.—In all cases
 2061  wherein is claimed the payment of applicable bills of costs,
 2062  fees, or expenses of the state courts system as provided in s.
 2063  29.004, other than juror and witness fees, in the adjudication
 2064  of any case payable by the state, the trial court administrator
 2065  or the administrator’s designee shall review the itemized bill.
 2066  The bill shall not be paid until the trial court administrator
 2067  or the administrator’s designee has approved it and certified
 2068  that it is just, correct, and reasonable and contains no
 2069  unnecessary or illegal item.
 2070         Section 40. Paragraph (a) of subsection (1) of section
 2071  939.185, Florida Statutes, is amended to read:
 2072         939.185 Assessment of additional court costs and
 2073  surcharges.—
 2074         (1)(a) The board of county commissioners may adopt by
 2075  ordinance an additional court cost, not to exceed $65, to be
 2076  imposed by the court when a person pleads guilty or nolo
 2077  contendere to, or is found guilty of, or adjudicated delinquent
 2078  for, any felony, misdemeanor, delinquent act, or criminal
 2079  traffic offense under the laws of this state. Such additional
 2080  assessment shall be accounted for separately by the county in
 2081  which the offense occurred and be used only in the county
 2082  imposing this cost, to be allocated as follows:
 2083         1. Twenty-five percent of the amount collected shall be
 2084  allocated to fund innovations, as determined by the chief judge
 2085  of the circuit, to supplement state funding for the elements of
 2086  the state courts system identified in s. 29.004 and county
 2087  funding for local requirements under s. 29.008(2)(a)2.
 2088         2. Twenty-five percent of the amount collected shall be
 2089  allocated to assist counties in providing legal aid programs
 2090  required under s. 29.008(3)(a).
 2091         3. Twenty-five percent of the amount collected shall be
 2092  allocated to fund personnel and legal materials for the public
 2093  as part of a law library.
 2094         4. Twenty-five percent of the amount collected shall be
 2095  used as determined by the board of county commissioners to
 2096  support teen court programs, except as provided in s. 938.19(7),
 2097  juvenile assessment centers, and other juvenile alternative
 2098  programs.
 2099  
 2100  Each county receiving funds under this section shall report the
 2101  amount of funds collected pursuant to this section and an
 2102  itemized list of expenditures for all authorized programs and
 2103  activities. The report shall be submitted in a format developed
 2104  by the Supreme Court to the Governor, the Chief Financial
 2105  Officer, the President of the Senate, and the Speaker of the
 2106  House of Representatives on a quarterly basis beginning with the
 2107  quarter ending September 30, 2004. Quarterly reports shall be
 2108  submitted no later than 30 days after the end of the quarter.
 2109  Any unspent funds at the close of the county fiscal year
 2110  allocated under subparagraphs 2., 3., and 4., shall be
 2111  transferred for use pursuant to subparagraph 1.
 2112         Section 41. Subsection (15) is added to section 943.03,
 2113  Florida Statutes, to read:
 2114         943.03 Department of Law Enforcement.—
 2115         (15) The Department of Law Enforcement, in consultation
 2116  with the Criminal and Juvenile Justice Information Systems
 2117  Council established in s. 943.06, shall modify the existing
 2118  statewide uniform statute table in its criminal history system
 2119  to meet the business requirements of state and local criminal
 2120  justice and law enforcement agencies. In order to accomplish
 2121  this objective, the department shall:
 2122         (a) Define the minimum business requirements necessary for
 2123  successful implementation;
 2124         (b) Consider the charging and booking requirements of
 2125  sheriffs’ offices and police departments and the business
 2126  requirements of state attorneys, public defenders, criminal
 2127  conflict and civil regional counsel, clerks of court, judges,
 2128  and state law enforcement agencies; and
 2129         (c) Adopt rules establishing the necessary technical and
 2130  business process standards required to implement, operate, and
 2131  ensure uniform system use and compliance.
 2132  
 2133  The required system modifications and adopted rules shall be
 2134  implemented by December 31, 2011.
 2135         Section 42. Paragraph (b) of subsection (3) of section
 2136  943.053, Florida Statutes, is amended to read:
 2137         943.053 Dissemination of criminal justice information;
 2138  fees.—
 2139         (3)
 2140         (b) The fee per record for criminal history information
 2141  provided pursuant to this subsection and s. 943.0542 is $24 per
 2142  name submitted, except that the fee for the guardian ad litem
 2143  program and vendors of the Department of Children and Family
 2144  Services, the Department of Juvenile Justice, and the Department
 2145  of Elderly Affairs shall be $8 for each name submitted; the fee
 2146  for a state criminal history provided for application processing
 2147  as required by law to be performed by the Department of
 2148  Agriculture and Consumer Services shall be $15 for each name
 2149  submitted; and the fee for requests under s. 943.0542, which
 2150  implements the National Child Protection Act, shall be $18 for
 2151  each volunteer name submitted. The state offices of the Public
 2152  Defender shall not be assessed a fee for Florida criminal
 2153  history information or wanted person information.
 2154         Section 43. Subsection (2) of section 943.0585, Florida
 2155  Statutes, is amended to read:
 2156         943.0585 Court-ordered expunction of criminal history
 2157  records.—The courts of this state have jurisdiction over their
 2158  own procedures, including the maintenance, expunction, and
 2159  correction of judicial records containing criminal history
 2160  information to the extent such procedures are not inconsistent
 2161  with the conditions, responsibilities, and duties established by
 2162  this section. Any court of competent jurisdiction may order a
 2163  criminal justice agency to expunge the criminal history record
 2164  of a minor or an adult who complies with the requirements of
 2165  this section. The court shall not order a criminal justice
 2166  agency to expunge a criminal history record until the person
 2167  seeking to expunge a criminal history record has applied for and
 2168  received a certificate of eligibility for expunction pursuant to
 2169  subsection (2). A criminal history record that relates to a
 2170  violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
 2171  s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s.
 2172  827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.
 2173  893.135, s. 916.1075, a violation enumerated in s. 907.041, or
 2174  any violation specified as a predicate offense for registration
 2175  as a sexual predator pursuant to s. 775.21, without regard to
 2176  whether that offense alone is sufficient to require such
 2177  registration, or for registration as a sexual offender pursuant
 2178  to s. 943.0435, may not be expunged, without regard to whether
 2179  adjudication was withheld, if the defendant was found guilty of
 2180  or pled guilty or nolo contendere to the offense, or if the
 2181  defendant, as a minor, was found to have committed, or pled
 2182  guilty or nolo contendere to committing, the offense as a
 2183  delinquent act. The court may only order expunction of a
 2184  criminal history record pertaining to one arrest or one incident
 2185  of alleged criminal activity, except as provided in this
 2186  section. The court may, at its sole discretion, order the
 2187  expunction of a criminal history record pertaining to more than
 2188  one arrest if the additional arrests directly relate to the
 2189  original arrest. If the court intends to order the expunction of
 2190  records pertaining to such additional arrests, such intent must
 2191  be specified in the order. A criminal justice agency may not
 2192  expunge any record pertaining to such additional arrests if the
 2193  order to expunge does not articulate the intention of the court
 2194  to expunge a record pertaining to more than one arrest. This
 2195  section does not prevent the court from ordering the expunction
 2196  of only a portion of a criminal history record pertaining to one
 2197  arrest or one incident of alleged criminal activity.
 2198  Notwithstanding any law to the contrary, a criminal justice
 2199  agency may comply with laws, court orders, and official requests
 2200  of other jurisdictions relating to expunction, correction, or
 2201  confidential handling of criminal history records or information
 2202  derived therefrom. This section does not confer any right to the
 2203  expunction of any criminal history record, and any request for
 2204  expunction of a criminal history record may be denied at the
 2205  sole discretion of the court.
 2206         (2) CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.—Prior to
 2207  petitioning the court to expunge a criminal history record, a
 2208  person seeking to expunge a criminal history record shall apply
 2209  to the department for a certificate of eligibility for
 2210  expunction. The department shall, by rule adopted pursuant to
 2211  chapter 120, establish procedures pertaining to the application
 2212  for and issuance of certificates of eligibility for expunction.
 2213  A certificate of eligibility for expunction is valid for 12
 2214  months after the date stamped on the certificate when issued by
 2215  the department. After that time, the petitioner must reapply to
 2216  the department for a new certificate of eligibility. Eligibility
 2217  for a renewed certification of eligibility must be based on the
 2218  status of the applicant and the law in effect at the time of the
 2219  renewal application. The department shall issue a certificate of
 2220  eligibility for expunction to a person who is the subject of a
 2221  criminal history record if that person:
 2222         (a) Provides a written, certified documentation of the
 2223  following Has obtained, and submitted to the department, a
 2224  written, certified statement from the appropriate state attorney
 2225  or statewide prosecutor which indicates:
 2226         1. That an indictment, information, or other charging
 2227  document was not filed or issued in the case.
 2228         2. That an indictment, information, or other charging
 2229  document, if filed or issued in the case, was dismissed or nolle
 2230  prosequi by the state attorney or statewide prosecutor, or was
 2231  dismissed by a court of competent jurisdiction, and that none of
 2232  the charges related to the arrest or alleged criminal activity
 2233  to which the petition to expunge pertains resulted in a trial,
 2234  without regard to whether the outcome of the trial was other
 2235  than an adjudication of guilt.
 2236         3. That the criminal history record does not relate to a
 2237  violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
 2238  s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s.
 2239  827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.
 2240  893.135, s. 916.1075, a violation enumerated in s. 907.041, or
 2241  any violation specified as a predicate offense for registration
 2242  as a sexual predator pursuant to s. 775.21, without regard to
 2243  whether that offense alone is sufficient to require such
 2244  registration, or for registration as a sexual offender pursuant
 2245  to s. 943.0435, where the defendant was found guilty of, or pled
 2246  guilty or nolo contendere to any such offense, or that the
 2247  defendant, as a minor, was found to have committed, or pled
 2248  guilty or nolo contendere to committing, such an offense as a
 2249  delinquent act, without regard to whether adjudication was
 2250  withheld.
 2251         (b) Remits a $75 processing fee to the department for
 2252  placement in the Department of Law Enforcement Operating Trust
 2253  Fund, unless such fee is waived by the executive director.
 2254         (c) Has submitted to the department a certified copy of the
 2255  disposition of the charge to which the petition to expunge
 2256  pertains.
 2257         (d) Has never, prior to the date on which the application
 2258  for a certificate of eligibility is filed, been adjudicated
 2259  guilty of a criminal offense or comparable ordinance violation,
 2260  or been adjudicated delinquent for committing any felony or a
 2261  misdemeanor specified in s. 943.051(3)(b).
 2262         (e) Has not been adjudicated guilty of, or adjudicated
 2263  delinquent for committing, any of the acts stemming from the
 2264  arrest or alleged criminal activity to which the petition to
 2265  expunge pertains.
 2266         (f) Has never secured a prior sealing or expunction of a
 2267  criminal history record under this section, former s. 893.14,
 2268  former s. 901.33, or former s. 943.058, unless expunction is
 2269  sought of a criminal history record previously sealed for 10
 2270  years pursuant to paragraph (h) and the record is otherwise
 2271  eligible for expunction.
 2272         (g) Is no longer under court supervision applicable to the
 2273  disposition of the arrest or alleged criminal activity to which
 2274  the petition to expunge pertains.
 2275         (h) Has previously obtained a court order sealing the
 2276  record under this section, former s. 893.14, former s. 901.33,
 2277  or former s. 943.058 for a minimum of 10 years because
 2278  adjudication was withheld or because all charges related to the
 2279  arrest or alleged criminal activity to which the petition to
 2280  expunge pertains were not dismissed prior to trial, without
 2281  regard to whether the outcome of the trial was other than an
 2282  adjudication of guilt. The requirement for the record to have
 2283  previously been sealed for a minimum of 10 years does not apply
 2284  when a plea was not entered or all charges related to the arrest
 2285  or alleged criminal activity to which the petition to expunge
 2286  pertains were dismissed prior to trial.
 2287         Section 44. Subsection (4) of section 985.557, Florida
 2288  Statutes, is repealed.
 2289         Section 45. The unexpended funds in the Operating Trust
 2290  Fund from revenues collected pursuant to ss. 25.241 and 35.22,
 2291  Florida Statutes, are transferred to the State Courts Revenue
 2292  Trust Fund. All other unexpended funds in the Operating Trust
 2293  Fund are transferred to the Administrative Trust Fund within the
 2294  state courts system.
 2295         Section 46. Except as otherwise expressly provided in this
 2296  act, this act shall take effect July 1, 2010.

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