Bill Text: FL S1400 | 2010 | Regular Session | Comm Sub

---

Bill Title: State Judicial System [WPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-04-30 - Died in Senate, companion bill(s) passed, see HB 5001 (Ch. 2010-152), CS/HB 5401 (Ch. 2010-162), CS/HB 7069 (Ch. 2010-114) [S1400 Detail]

Download: Florida-2010-S1400-Comm_Sub.html

---

 
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         27.5305 Attorney 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 court’s 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.