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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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

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