Bill Text: FL H5401 | 2010 | Regular Session | Engrossed

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Bill Title: State Judicial System [WPSC]

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2010-05-28 - Approved by Governor; Chapter No. 2010-162; companion bill(s) passed, see HB 5001 (Ch. 2010-152), CS/HB 7069 (Ch. 2010-114) [H5401 Detail]

Download: Florida-2010-H5401-Engrossed.html

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CS/HB 5401

1	A bill to be entitled
2	An act relating to the state judicial system; amending s.
3	25.241, F.S.; requiring that $50 from the Supreme Court
4	filing fee be deposited into the State Courts Revenue
5	Trust Fund to fund court operations; amending s. 25.383,
6	F.S.; conforming provisions to the renaming of the
7	Operating Trust Fund in the state courts system; amending
8	s. 25.3844, F.S.; renaming the Operating Trust Fund in the
9	state courts system as the Administrative Trust Fund;
10	amending s. 25.386, F.S.; conforming provisions to the
11	renaming of the Operating Trust Fund in the state courts
12	system; amending s. 27.40, F.S.; requiring private court-
13	appointed counsel compensated by the state to maintain
14	records and documents in a prescribed manner; providing
15	for waiver of the right to seek fees in excess of
16	prescribed limits if the attorney refuses to allow the
17	Justice Administrative Commission to review the
18	documentation; providing that the commission's finding of
19	a valid waiver of fees may be overcome by competent and
20	substantial evidence; amending s. 27.425, F.S.;
21	eliminating a requirement for the chief judge of the
22	judicial circuit to recommend and submit compensation
23	rates for state-funded due process service providers;
24	requiring the Justice Administrative Commission to approve
25	forms and procedures governing billings for the provision
26	of due process services; amending s. 27.511, F.S.;
27	providing for the appointment of criminal conflict and
28	civil regional counsel in certain proceedings under the
29	Florida Rules of Criminal Procedure and in certain
30	adoption proceedings; providing for private court-
31	appointed counsel, rather than criminal conflict and civil
32	regional counsel, to have primary responsibility for
33	representing minors in proceedings under the Parental
34	Notice of Abortion Act; amending s. 27.52, F.S.; requiring
35	the clerk of the court to review certain property records
36	in evaluating an application from a criminal defendant for
37	a determination of indigency; providing that the Justice
38	Administrative Commission has standing in a motion seeking
39	to have a person declared indigent for purposes of state
40	payment of due process costs; providing a presumption that
41	a person is not indigent for costs if the person's
42	attorney's fees are being paid from private funds at a
43	specified level; providing that the presumption may be
44	overcome through clear and convincing evidence; providing
45	requirements and rates for reimbursement of due process
46	costs; providing that a person who receives state-funded
47	due process services after being deemed indigent for costs
48	is liable for repayment to the state; requiring the person
49	to submit an accounting to the court of state-paid costs;
50	providing for the court to issue an order determining the
51	amount of the costs; providing for creation and
52	enforcement of a repayment lien; amending s. 27.5304,
53	F.S.; providing for a reduction in the amount paid for an
54	attorney's fees, costs, and related expenses as increased
55	penalties for submitting a bill to the state after
56	prescribed periods; providing a definition; creating s.
57	27.5305, F.S.; prescribing conditions and requirements
58	related to payment by the state of legal fees and the
59	costs of due process services in certain criminal and
60	civil cases; prescribing conditions and requirements
61	governing electronic funds transfer, transcripts, court
62	reporters and investigators, expert witnesses and
63	mitigation specialists, and discovery; amending s. 28.241,
64	F.S.; providing that the section does not require
65	assessment of a filing fee if the assessment is otherwise
66	prohibited by law; amending s. 28.245, F.S.; decreasing
67	the period allowed clerks of the court for transmission of
68	deposits electronically to the Department of Revenue;
69	amending s. 28.246, F.S.; requiring the clerk to give a
70	copy of an application for appointment of court-appointed
71	counsel to a private attorney or collection agent employed
72	by the clerk to collect moneys from the person; amending
73	s. 28.36, F.S.; revising the core services for the budget
74	requests for the clerks of the court; revising the
75	procedures for the Florida Clerks of Court Operations
76	Corporation to release appropriations each quarter;
77	providing a procedure for the corporation to follow if the
78	projected expenditures will exceed the amount appropriated
79	by law; repealing s. 29.0095, F.S., relating to a
80	requirement for chief judges, state attorneys, and public
81	defenders to submit budget expenditure reports; amending
82	s. 29.0195, F.S.; conforming provisions to the renaming of
83	the Operating Trust Fund in the state courts system;
84	amending s. 34.041, F.S.; specifying that the prescribed
85	filing fee for an action involving claims of not more than
86	$1,000 filed along with an action for replevin is the
87	total filing fee; amending s. 35.22, F.S.; requiring that
88	$50 from the district court of appeals filing fee be
89	deposited into the State Courts Revenue Trust Fund;
90	amending s. 39.0134, F.S.; providing that certain parents
91	in proceedings related to children are liable for fees and
92	costs after receiving legal representation or due process
93	services funded by the state; authorizing the court to
94	make payment of attorney's fees and costs part of a case
95	plan in dependency proceedings; authorizing and providing
96	for enforcement of a lien upon court-ordered payment of
97	fees and costs; providing for deposit of fees and costs
98	into the Indigent Civil Defense Trust Fund; amending s.
99	39.821, F.S.; requiring certain background screenings for
100	persons certified as a guardian ad litem; amending s.
101	57.082, F.S.; prescribing circumstances for payment of an
102	application fee when a person seeks to be determined
103	indigent and eligible for appointment of counsel in
104	proceedings relating to children; providing for the court
105	to order payment of the fee and the clerk of the court to
106	pursue collection of the fee; amending s. 68.085, F.S.;
107	providing that Medicaid fraud recoveries by the Attorney
108	General are to be deposited into the Operating Trust Fund
109	rather than in the Legal Affairs Revolving Trust Fund;
110	amending s. 119.0714, F.S.; delaying from January 1, 2011,
111	to January 1, 2012, the obligation of a clerk of court to
112	redact certain confidential information from court files;
113	amending s. 318.18, F.S.; providing that a county may
114	elect among various surcharges on traffic offenses;
115	limiting counties to only one surcharge at a time;
116	amending s. 320.061, F.S.; creating a noncriminal
117	infraction for altering or obscuring a license plate or
118	mobile home sticker; deleting the second-degree
119	misdemeanor penalty imposed for the offense; amending s.
120	320.131, F.S.; creating a noncriminal traffic infraction
121	for the unlawful use of a temporary tag; deleting the
122	second-degree misdemeanor penalty imposed for the offense;
123	amending s. 322.03, F.S.; creating a noncriminal traffic
124	infraction for a commercial motor vehicle driver who fails
125	to surrender driver's licenses from other jurisdictions
126	before issuance of a license by the Department of Highway
127	Safety and Motor Vehicles; extending the period allowed
128	for operating a motor vehicle after expiration of a
129	driver's license; amending s. 322.16, F.S.; creating a
130	noncriminal traffic infraction for persons who fail to
131	abide by driver's license restrictions other than
132	restrictions recommended by a court or by corrections
133	officials; deleting the second-degree misdemeanor penalty
134	recommended for offenses other than violation of
135	restrictions recommended by a court or by corrections
136	officials; amending s. 775.083, F.S.; redirecting revenues
137	from certain criminal fines from the State Courts Revenue
138	Trust Fund into the General Revenue Fund; amending s.
139	832.08, F.S.; providing for deposit of bad check diversion
140	program fees into the State Attorneys Revenue Trust Fund;
141	amending s. 938.06, F.S.; requiring the assessment of a
142	court cost after conviction of a criminal offense;
143	defining the term "convicted" for purposes of the assessed
144	cost; amending s. 938.27, F.S.; providing for deposit of
145	certain court costs after criminal convictions into the
146	State Attorneys Revenue Trust Fund rather than the state
147	attorney's grants and donations trust fund; amending s.
148	938.29, F.S.; specifying that a lien for the cost of
149	court-appointed counsel against a parent for services
150	provided to a child does not expire upon the emancipation
151	of the child or upon the child reaching the age of
152	majority; amending s. 939.08, F.S.; authorizing a designee
153	of the trial court administrator to review, approve, and
154	certify certain bills related to costs, fees, or expenses
155	of the state courts system; amending s. 939.185, F.S.;
156	authorizing the chief judge of the circuit to determine
157	innovations eligible for funding from a county-assessed
158	court cost; amending s. 943.03, F.S.; requiring the
159	Department of Law Enforcement to modify the statewide
160	uniform statute table in its criminal history system;
161	providing an implementation deadline; amending s. 943.053,
162	F.S.; providing for a discounted fee for criminal history
163	record checks for the guardian ad litem program;
164	transferring certain funds from the state court's
165	Operating Trust Fund to the State Courts Revenue Trust
166	Fund and the Administrative Trust Fund within the state
167	courts system; transferring certain unexpended balances in
168	the state attorney's grants and donations trust fund to
169	the State Attorneys Revenue Trust Fund; making a specific
170	appropriation; providing for a transfer of funds to pay
171	the general revenue service charge; providing effective
172	dates.
173
174	Be It Enacted by the Legislature of the State of Florida:
175
176	Section 1. Subsection (5) of section 25.241, Florida
177	Statutes, is amended to read:
178	25.241 Clerk of Supreme Court; compensation; assistants;
179	filing fees, etc.-
180	(5) The Clerk of the Supreme Court is hereby required to
181	prepare a statement of all fees collected each month and remit
182	such statement, together with all fees collected by him or her,
183	to the Chief Financial Officer. The Chief Financial Officer
184	shall deposit $250 of each $300 filing fee and all other fees
185	collected into the General Revenue Fund. The Chief Financial
186	Officer shall deposit $50 of each filing fee collected into the
187	State Courts Revenue state court's Operating Trust Fund to fund
188	court operations improvement projects as authorized in the
189	General Appropriations Act.
190	Section 2. Section 25.383, Florida Statutes, is amended to
191	read:
192	25.383 Standards for court reporters; procedures; rules of
193	professional conduct, discipline, and training.-The Supreme
194	Court shall establish minimum standards and procedures for
195	qualifications, certification, discipline, and training for
196	court reporters. The Supreme Court shall determine the amount of
197	fees to charge applicants for certification and renewal of
198	certification. Fees shall be set in an amount necessary to
199	recover the full cost of administering the certification
200	process. All proceeds from fees collected pursuant to this
201	section shall be deposited into the Administrative Operating
202	Trust Fund within the state courts. The Supreme Court may
203	appoint or employ such personnel as are necessary to assist the
204	court in exercising its powers and performing its duties under
205	this section.
206	Section 3. Section 25.3844, Florida Statutes, is amended
207	to read:
208	25.3844 Administrative Operating Trust Fund.-
209	(1) The Administrative Operating Trust Fund is created
210	within the state courts system.
211	(2) The fund is established for use as a depository of
212	fees and related revenue for the purpose of supporting the
213	program operations of the judicial branch and for such other
214	purposes as may be appropriate, and shall be expended only
215	pursuant to legislative appropriation or an approved amendment
216	to the agency's operating budget pursuant to the provisions of
217	chapter 216.
218	Section 4. Section 25.386, Florida Statutes, is amended to
219	read:
220	25.386 Foreign language court interpreters.-The Supreme
221	Court shall establish minimum standards and procedures for
222	qualifications, certification, professional conduct, discipline,
223	and training of foreign language court interpreters who are
224	appointed by a court of competent jurisdiction. The Supreme
225	Court shall set fees to be charged to applicants for
226	certification and renewal of certification as a foreign language
227	court interpreter. The revenues generated from such fees shall
228	be used to offset the costs of administration of the
229	certification program and shall be deposited into the
230	Administrative Operating Trust Fund within the state courts
231	system. The Supreme Court may appoint or employ such personnel
232	as are necessary to assist the court in administering this
233	section.
234	Section 5. Subsection (7) of section 27.40, Florida
235	Statutes, is amended to read:
236	27.40 Court-appointed counsel; circuit registries; minimum
237	requirements; appointment by court.-
238	(7)(a) A private attorney appointed by the court from the
239	registry to represent a client is entitled to payment as
240	provided in s. 27.5304. An attorney appointed by the court who
241	is not on the registry list may be compensated under s. 27.5304
242	if the court finds in the order of appointment that there were
243	no registry attorneys available for representation for that
244	case.
245	(b)1. The attorney shall maintain appropriate
246	documentation, including contemporaneous and detailed hourly
247	accounting of time spent representing the client. If the
248	attorney fails to maintain such contemporaneous and detailed
249	hourly records, the attorney waives the right to seek
250	compensation in excess of the flat fee established in s. 27.5304
251	and the General Appropriations Act. These records and documents
252	are subject to review by the Justice Administrative Commission,
253	subject to the attorney-client privilege and work-product
254	privilege. The attorney shall maintain the records and documents
255	in a manner that enables the attorney to redact any information
256	subject to a privilege in order to facilitate the commission's
257	review of the records and documents and not to impede such
258	review. The attorney may redact information from the records and
259	documents only to the extent necessary to comply with the
260	privilege.
261	2. If an attorney fails, refuses, or declines to permit
262	the commission to review documentation for a case as provided in
263	this paragraph, the attorney waives the right to seek, and the
264	commission may not pay, compensation in excess of the flat fee
265	established in s. 27.5304 and the General Appropriations Act for
266	that case.
267	3. A finding by the commission that an attorney has waived
268	the right to seek compensation in excess of the flat fee
269	established in s. 27.5304 and the General Appropriations Act, as
270	provided in this paragraph, is presumed to be valid, unless, as
271	determined by a court, the commission's finding is not supported
272	by competent and substantial evidence.
273	Section 6. Section 27.425, Florida Statutes, is amended to
274	read:
275	27.425 Due process service rates; responsibilities of
276	chief judge.-
277	(1) The maximum chief judge of each circuit shall
278	recommend compensation rates for state-funded due process
279	service providers in cases in which the court has appointed
280	private counsel or declared a person indigent for costs shall be
281	specified annually in the General Appropriations Act. For
282	purposes of this section, due process compensation rates do not
283	include attorney's fees for legal representation of the client.
284	(2) Annually, the chief judge shall submit proposed due
285	process compensation rates to the Office of the State Courts
286	Administrator for inclusion in the legislative budget request
287	for the state courts system.
288	(3) The maximum rates shall be specified annually in the
289	General Appropriations Act. For the 2007-2008 fiscal year, the
290	maximum rates shall be the rates in effect on June 30, 2007.
291	(2)(4) The total amount expended for providers of due
292	process services in eligible cases may not exceed the amount
293	budgeted in the General Appropriations Act for the particular
294	due process service.
295	(3) The Justice Administrative Commission shall approve
296	uniform contract forms for use in procuring due process services
297	and uniform procedures for use by a due process provider, or a
298	private attorney on behalf of a due process provider, in support
299	of billing for due process services to demonstrate completion of
300	the specified services.
301	Section 7. Subsections (5) and paragraph (a) of subsection
302	(6) of section 27.511, Florida Statutes, are amended to read:
303	27.511 Offices of criminal conflict and civil regional
304	counsel; legislative intent; qualifications; appointment;
305	duties.-
306	(5) Effective October 1, 2007, When the Office of the
307	Public Defender, at any time during the representation of two or
308	more defendants, determines that the interests of those accused
309	are so adverse or hostile that they cannot all be counseled by
310	the public defender or his or her staff without a conflict of
311	interest, or that none can be counseled by the public defender
312	or his or her staff because of a conflict of interest, and the
313	court grants the public defender's motion to withdraw, the
314	office of criminal conflict and civil regional counsel shall be
315	appointed and shall provide legal services, without additional
316	compensation, to any person determined to be indigent under s.
317	27.52, who is:
318	(a) Under arrest for, or charged with, a felony;
319	(b) Under arrest for, or charged with:
320	1. A misdemeanor authorized for prosecution by the state
321	attorney;
322	2. A violation of chapter 316 punishable by imprisonment;
323	3. Criminal contempt; or
324	4. A violation of a special law or county or municipal
325	ordinance ancillary to a state charge or, if not ancillary to a
326	state charge, only if the office of criminal conflict and civil
327	regional counsel contracts with the county or municipality to
328	provide representation pursuant to ss. 27.54 and 125.69.
329
330	The office of criminal conflict and civil regional counsel may
331	not provide representation pursuant to this paragraph if the
332	court, prior to trial, files in the cause an order of no
333	imprisonment as provided in s. 27.512;
334	(c) Alleged to be a delinquent child pursuant to a
335	petition filed before a circuit court;
336	(d) Sought by petition filed in such court to be
337	involuntarily placed as a mentally ill person under part I of
338	chapter 394, involuntarily committed as a sexually violent
339	predator under part V of chapter 394, or involuntarily admitted
340	to residential services as a person with developmental
341	disabilities under chapter 393;
342	(e) Convicted and sentenced to death, for purposes of
343	handling an appeal to the Supreme Court; or
344	(f) Is Appealing a matter in a case arising under
345	paragraphs (a)-(d); or.
346	(g) Seeking correction, reduction, or modification of a
347	sentence under Rule 3.800, Florida Rules of Criminal Procedure,
348	or seeking postconviction relief under Rule 3.850, Florida Rules
349	of Criminal Procedure, if, in either case, the court determines
350	that appointment of counsel is necessary to protect a person's
351	due process rights.
352	(6)(a) Effective October 1, 2007, The office of criminal
353	conflict and civil regional counsel has primary responsibility
354	for representing persons entitled to court-appointed counsel
355	under the Federal or State Constitution or as authorized by
356	general law in civil proceedings, including, but not limited to,
357	proceedings under s. 393.12 and chapters 39, 390, 392, 397, 415,
358	743, 744, and 984 and proceedings to terminate parental rights
359	under chapter 63. Private court-appointed counsel eligible under
360	s. 27.40 have primary responsibility for representing minors who
361	request counsel under s. 390.01114, the Parental Notice of
362	Abortion Act; however, the office of criminal conflict and civil
363	regional counsel may represent a minor under that section if the
364	court finds that no private court-appointed attorney is
365	available.
366	Section 8. Section 27.52, Florida Statutes, is amended to
367	read:
368	27.52 Determination of indigent status.-
369	(1) APPLICATION TO THE CLERK.-A person seeking appointment
370	of a public defender under s. 27.51 based upon an inability to
371	pay must apply to the clerk of the court for a determination of
372	indigent status using an application form developed by the
373	Florida Clerks of Court Operations Corporation with final
374	approval by the Supreme Court.
375	(a) The application must include, at a minimum, the
376	following financial information:
377	1. Net income, consisting of total salary and wages, minus
378	deductions required by law, including court-ordered support
379	payments.
380	2. Other income, including, but not limited to, social
381	security benefits, union funds, veterans' benefits, workers'
382	compensation, other regular support from absent family members,
383	public or private employee pensions, unemployment compensation,
384	dividends, interest, rent, trusts, and gifts.
385	3. Assets, including, but not limited to, cash, savings
386	accounts, bank accounts, stocks, bonds, certificates of deposit,
387	equity in real estate, and equity in a boat or a motor vehicle
388	or in other tangible property.
389	4. All liabilities and debts.
390	5. If applicable, the amount of any bail paid for the
391	applicant's release from incarceration and the source of the
392	funds.
393
394	The application must include a signature by the applicant which
395	attests to the truthfulness of the information provided. The
396	application form developed by the corporation must include
397	notice that the applicant may seek court review of a clerk's
398	determination that the applicant is not indigent, as provided in
399	this section.
400	(b) An applicant shall pay a $50 application fee to the
401	clerk for each application for court-appointed counsel filed.
402	The applicant shall pay the fee within 7 days after submitting
403	the application. If the applicant does not pay the fee prior to
404	the disposition of the case, the clerk shall notify the court,
405	and the court shall:
406	1. Assess the application fee as part of the sentence or
407	as a condition of probation; or
408	2. Assess the application fee pursuant to s. 938.29.
409	(c) Notwithstanding any provision of law, court rule, or
410	administrative order, the clerk shall assign the first $50 of
411	any fees or costs paid by an indigent person as payment of the
412	application fee. A person found to be indigent may not be
413	refused counsel or other required due process services for
414	failure to pay the fee.
415	(d) All application fees collected by the clerk under this
416	section shall be transferred monthly by the clerk to the
417	Department of Revenue for deposit in the Indigent Criminal
418	Defense Trust Fund administered by the Justice Administrative
419	Commission, to be used to as appropriated by the Legislature.
420	The clerk may retain 2 percent of application fees collected
421	monthly for administrative costs prior to remitting the
422	remainder to the Department of Revenue.
423	(e)1. The clerk shall assist a person who appears before
424	the clerk and requests assistance in completing the application,
425	and the clerk shall notify the court if a person is unable to
426	complete the application after the clerk has provided
427	assistance.
428	2. If the person seeking appointment of a public defender
429	is incarcerated, the public defender is responsible for
430	providing the application to the person and assisting him or her
431	in its completion and is responsible for submitting the
432	application to the clerk on the person's behalf. The public
433	defender may enter into an agreement for jail employees,
434	pretrial services employees, or employees of other criminal
435	justice agencies to assist the public defender in performing
436	functions assigned to the public defender under this
437	subparagraph.
438	(2) DETERMINATION BY THE CLERK.-The clerk of the court
439	shall determine whether an applicant seeking appointment of a
440	public defender is indigent based upon the information provided
441	in the application and the criteria prescribed in this
442	subsection.
443	(a)1. An applicant, including an applicant who is a minor
444	or an adult tax-dependent person, is indigent if the applicant's
445	income is equal to or below 200 percent of the then-current
446	federal poverty guidelines prescribed for the size of the
447	household of the applicant by the United States Department of
448	Health and Human Services or if the person is receiving
449	Temporary Assistance for Needy Families-Cash Assistance,
450	poverty-related veterans' benefits, or Supplemental Security
451	Income (SSI).
452	2.a. There is a presumption that the applicant is not
453	indigent if the applicant owns, or has equity in, any intangible
454	or tangible personal property or real property or the expectancy
455	of an interest in any such property having a net equity value of
456	$2,500 or more, excluding the value of the person's homestead
457	and one vehicle having a net value not exceeding $5,000.
458	b. Notwithstanding the information that the applicant
459	provides, the clerk shall conduct a review of the property
460	records for the county in which the applicant resides and the
461	motor vehicle title records of the state to identify any
462	property interests of the applicant under this subparagraph. The
463	clerk shall evaluate and consider the results of the review in
464	making a determination under this subsection. The clerk shall
465	maintain the results of the review in a file with the
466	application and provide the file to the court if the applicant
467	seeks review under subsection (4) of the clerk's determination
468	of indigent status.
469	(b) Based upon its review, the clerk shall make one of the
470	following determinations:
471	1. The applicant is not indigent.
472	2. The applicant is indigent.
473	(c)1. If the clerk determines that the applicant is
474	indigent, the clerk shall submit the determination to the office
475	of the public defender and immediately file the determination in
476	the case file.
477	2. If the public defender is unable to provide
478	representation due to a conflict pursuant to s. 27.5303, the
479	public defender shall move the court for withdrawal from
480	representation and appointment of the office of criminal
481	conflict and civil regional counsel.
482	(d) The duty of the clerk in determining whether an
483	applicant is indigent shall be limited to receiving the
484	application and comparing the information provided in the
485	application to the criteria prescribed in this subsection. The
486	determination of indigent status is a ministerial act of the
487	clerk and not a decision based on further investigation or the
488	exercise of independent judgment by the clerk. The clerk may
489	contract with third parties to perform functions assigned to the
490	clerk under this section.
491	(e) The applicant may seek review of the clerk's
492	determination that the applicant is not indigent in the court
493	having jurisdiction over the matter at the next scheduled
494	hearing. If the applicant seeks review of the clerk's
495	determination of indigent status, the court shall make a final
496	determination as provided in subsection (4).
497	(3) APPOINTMENT OF COUNSEL ON INTERIM BASIS.-If the clerk
498	of the court has not made a determination of indigent status at
499	the time a person requests appointment of a public defender, the
500	court shall make a preliminary determination of indigent status,
501	pending further review by the clerk, and may, by court order,
502	appoint a public defender, the office of criminal conflict and
503	civil regional counsel, or private counsel on an interim basis.
504	(4) REVIEW OF CLERK'S DETERMINATION.-
505	(a) If the clerk of the court determines that the
506	applicant is not indigent, and the applicant seeks review of the
507	clerk's determination, the court shall make a final
508	determination of indigent status by reviewing the information
509	provided in the application against the criteria prescribed in
510	subsection (2) and by considering the following additional
511	factors:
512	1. Whether the applicant has been released on bail in an
513	amount of $5,000 or more.
514	2. Whether a bond has been posted, the type of bond, and
515	who paid the bond.
516	3. Whether paying for private counsel in an amount that
517	exceeds the limitations in s. 27.5304, or other due process
518	services creates a substantial hardship for the applicant or the
519	applicant's family.
520	4. Any other relevant financial circumstances of the
521	applicant or the applicant's family.
522	(b) Based upon its review, the court shall make one of the
523	following determinations and, if the applicant is indigent,
524	shall appoint a public defender, the office of criminal conflict
525	and civil regional counsel, or, if appropriate, private counsel:
526	1. The applicant is not indigent.
527	2. The applicant is indigent.
528	(5) INDIGENT FOR COSTS.-A person who is eligible to be
529	represented by a public defender under s. 27.51 but who is
530	represented by private counsel not appointed by the court for a
531	reasonable fee as approved by the court or, on a pro bono basis,
532	or who is proceeding pro se, may move the court for a
533	determination that he or she is indigent for costs and eligible
534	for the provision of due process services, as prescribed by ss.
535	29.006 and 29.007, funded by the state.
536	(a) The person must file a written motion with the court
537	and submit to the court:
538	1. The completed application prescribed in subsection (1).
539	2. In the case of a person represented by counsel, an
540	affidavit attesting to the estimated amount of attorney's fees
541	and the source of payment for these fees.
542	(b) The person shall arrange for service of a copy of the
543	motion and attachments on the Justice Administrative Commission.
544	The commission has standing to appear before the court to
545	contest any motion to declare a person indigent for costs and
546	may participate in a hearing on the motion by use of telephonic
547	or other communication equipment.
548	(c) If the person did not apply for a determination of
549	indigent status under subsection (1) in the same case and is not
550	already liable for the application fee required under that
551	subsection, he or she becomes liable for payment of the fee upon
552	filing the motion with the court.
553	(d)(b) In reviewing the motion, the court shall consider:
554	1. Whether the applicant applied for a determination of
555	indigent status under subsection (1) and the outcome of such
556	application.
557	2. The extent to which the person's income equals or
558	exceeds the income criteria prescribed in subsection (2).
559	3. The additional factors prescribed in subsection (4).
560	4. Whether the applicant is proceeding pro se.
561	5. When the applicant retained private counsel.
562	6. The amount of any attorney's fees and who is paying the
563	fees. There is a presumption that the applicant is not indigent
564	for costs if the amount of attorney's fees exceeds $5,000 for a
565	noncapital case or $25,000 for a capital case in which the state
566	is seeking the death penalty. To overcome this presumption, the
567	applicant has the burden to show through clear and convincing
568	evidence that the fees are reasonable based on the nature and
569	complexity of the case. In determining the reasonableness of the
570	fees, the court shall consider the amount that a private court-
571	appointed attorney paid by the state would receive for providing
572	representation for that type of case.
573	(e)(c) Based upon its review, the court shall make one of
574	the following determinations:
575	1. The applicant is not indigent for costs.
576	2. The applicant is indigent for costs.
577	(f)(d) The provision of due process services based upon a
578	determination that a person is indigent for costs under this
579	subsection must be effectuated pursuant to a court order, a copy
580	of which the clerk shall provide to counsel representing the
581	person, or to the person directly if he or she is proceeding pro
582	se, for use in requesting payment of due process expenses
583	through the Justice Administrative Commission. Private counsel
584	representing a person declared indigent for costs shall execute
585	the Justice Administrative Commission's contract for counsel
586	representing persons determined to be indigent for costs.
587	Private counsel representing a person declared indigent for
588	costs may not receive state funds, either directly or on behalf
589	of due process providers, unless the attorney has executed the
590	contract required under this paragraph.
591	(g) Costs shall be reimbursed at the rates established
592	under ss. 27.425 and 27.5305. To receive reimbursement of costs,
593	either directly or on behalf of due process providers, private
594	counsel representing a person declared indigent for costs shall
595	comply with the procedures and requirements under this chapter
596	governing billings by and compensation of private court-
597	appointed counsel.
598	(h) The court may not appoint an attorney paid by the
599	state based on a finding that the defendant is indigent for
600	costs if the defendant has privately retained and paid counsel.
601	(i) A defendant who is found guilty of a criminal act by a
602	court or jury or enters a plea of guilty or nolo contendere and
603	who received due process services after being found indigent for
604	costs under this subsection is liable for payment of due process
605	costs expended by the state.
606	1. The attorney representing the defendant, or the
607	defendant if he or she is proceeding pro se, shall provide an
608	accounting to the court delineating all costs paid or to be paid
609	by the state within 90 days after disposition of the case
610	notwithstanding any appeals.
611	2. The court shall issue an order determining the amount
612	of all costs paid by the state and any costs for which
613	prepayment was waived under this section or s. 57.081. The clerk
614	shall cause a certified copy of the order to be recorded in the
615	official records of the county, at no cost. The recording
616	constitutes a lien against the person in favor of the state in
617	the county in which the order is recorded. The lien may be
618	enforced in the same manner prescribed in s. 938.29.
619	3. If the attorney or the pro se defendant fails to
620	provide a complete accounting of costs expended by the state and
621	consequently costs are omitted from the lien, the attorney or
622	pro se defendant may not receive reimbursement or any other form
623	of direct or indirect payment for those costs if the state has
624	not paid the costs. The attorney or pro se defendant shall repay
625	the state for those costs if the state has already paid the
626	costs. The clerk of the court may establish a payment plan under
627	s. 28.246 and may charge the attorney or pro se defendant a one-
628	time administrative processing charge under s. 28.24(26)(c).
629	(6) DUTIES OF PARENT OR LEGAL GUARDIAN.-A nonindigent
630	parent or legal guardian of an applicant who is a minor or an
631	adult tax-dependent person shall furnish the minor or adult tax-
632	dependent person with the necessary legal services and costs
633	incident to a delinquency proceeding or, upon transfer of such
634	person for criminal prosecution as an adult pursuant to chapter
635	985, a criminal prosecution in which the person has a right to
636	legal counsel under the Constitution of the United States or the
637	Constitution of the State of Florida. The failure of a parent or
638	legal guardian to furnish legal services and costs under this
639	section does not bar the appointment of legal counsel pursuant
640	to this section, s. 27.40, or s. 27.5303. When the public
641	defender, the office of criminal conflict and civil regional
642	counsel, a private court-appointed conflict counsel, or a
643	private attorney is appointed to represent a minor or an adult
644	tax-dependent person in any proceeding in circuit court or in a
645	criminal proceeding in any other court, the parents or the legal
646	guardian shall be liable for payment of the fees, charges, and
647	costs of the representation even if the person is a minor being
648	tried as an adult. Liability for the fees, charges, and costs of
649	the representation shall be imposed in the form of a lien
650	against the property of the nonindigent parents or legal
651	guardian of the minor or adult tax-dependent person. The lien is
652	enforceable as provided in s. 27.561 or s. 938.29.
653	(7) FINANCIAL DISCREPANCIES; FRAUD; FALSE INFORMATION.-
654	(a) If the court learns of discrepancies between the
655	application or motion and the actual financial status of the
656	person found to be indigent or indigent for costs, the court
657	shall determine whether the public defender, office of criminal
658	conflict and civil regional counsel, or private attorney shall
659	continue representation or whether the authorization for any
660	other due process services previously authorized shall be
661	revoked. The person may be heard regarding the information
662	learned by the court. If the court, based on the information,
663	determines that the person is not indigent or indigent for
664	costs, the court shall order the public defender, office of
665	criminal conflict and civil regional counsel, or private
666	attorney to discontinue representation and revoke the provision
667	of any other authorized due process services.
668	(b) If the court has reason to believe that any applicant,
669	through fraud or misrepresentation, was improperly determined to
670	be indigent or indigent for costs, the matter shall be referred
671	to the state attorney. Twenty-five percent of any amount
672	recovered by the state attorney as reasonable value of the
673	services rendered, including fees, charges, and costs paid by
674	the state on the person's behalf, shall be remitted to the
675	Department of Revenue for deposit into the Grants and Donations
676	Trust Fund within the Justice Administrative Commission.
677	Seventy-five percent of any amount recovered shall be remitted
678	to the Department of Revenue for deposit into the General
679	Revenue Fund.
680	(c) A person who knowingly provides false information to
681	the clerk or the court in seeking a determination of indigent
682	status under this section commits a misdemeanor of the first
683	degree, punishable as provided in s. 775.082 or s. 775.083.
684	Section 9. Subsection (4) of section 27.5304, Florida
685	Statutes, is amended to read:
686	27.5304 Private court-appointed counsel; compensation.-
687	(4)(a) The attorney shall submit a bill for attorney's
688	fees, costs, and related expenses within 90 days after the
689	disposition of the case at the lower court level,
690	notwithstanding any appeals. The Justice Administrative
691	Commission shall provide by contract with the attorney for
692	imposition of a penalty of:
693	1. Fifteen 15 percent of the allowable attorney's fees,
694	costs, and related expenses for a bill that is submitted more
695	than 90 days after the disposition of the case at the lower
696	court level, notwithstanding any appeals;.
697	2. For cases for which disposition occurs on or after July
698	1, 2010, 50 percent of the allowable attorney's fees, costs, and
699	related expenses for a bill that is submitted more than 1 year
700	after the disposition of the case at the lower court level,
701	notwithstanding any appeals; or
702	3. For cases for which disposition occurs on or after July
703	1, 2010, 75 percent of the allowable attorney's fees, costs, and
704	related expenses for a bill that is submitted more than 2 years
705	after the disposition of the case at the lower court level,
706	notwithstanding any appeals.
707	(b) For purposes of this subsection, the term
708	"disposition" means:
709	1. At the trial court level, that the court has entered a
710	final appealable judgment, unless rendition of judgment is
711	stayed by the filing of a timely motion for rehearing. The
712	filing of a notice of appeal does not stay the time for
713	submission of an intended billing; and
714	2. At the appellate court level, that the court has issued
715	its mandate.
716	Section 10. Section 27.5305, Florida Statutes, is created
717	to read:
718	27.5305 Attorney or provider compensation; conditions;
719	requirements.-This section applies to the payment by the state
720	through the Justice Administrative Commission of legal fees and
721	due process costs in an eligible criminal or civil matter when a
722	person receives the services of a private court-appointed
723	attorney or is declared indigent for costs.
724	(1) ELECTRONIC FUNDS TRANSFER.-
725	(a) A person requesting compensation from the state
726	through the Justice Administrative Commission for the provision
727	of criminal or civil legal representation or other due process
728	services must, as a condition for compensation, participate in a
729	direct-deposit program under which the person authorizes the
730	transfer of funds electronically to an account in the person's
731	name at a federally chartered or state-chartered financial
732	institution.
733	(b) The Justice Administrative Commission may exempt a
734	person from compliance with this section if the commission finds
735	that participation in a direct-deposit program creates a
736	financial hardship for the person.
737	(c) This subsection applies to compensation for services
738	that are provided on or after January 1, 2011.
739	(2) TRANSCRIPTS.-
740	(a) The state may pay for the cost of preparing a
741	transcript of a deposition only if the private court-appointed
742	attorney secures an order from the court finding that
743	preparation of the transcript is necessary, in which case the
744	state may pay for one original and one copy only.
745	(b) The state may pay for the cost of one original
746	transcript of any deposition, hearing, or other proceeding. Any
747	other payment for a transcript of that same deposition, hearing,
748	or other proceeding, regardless of whether the transcript is an
749	additional original transcript or a copy, shall be at the rate
750	paid for a copy of a transcript. This paragraph applies
751	regardless of which state agency pays for the first original
752	transcript.
753	(3) COURT REPORTERS; INVESTIGATORS.-Beginning with the
754	2010-2011 fiscal year, and applicable to services performed
755	starting in that year, uniform statewide rates shall be
756	prescribed annually in the General Appropriations Act for the
757	payment of:
758	(a) Court reporting services that are not provided through
759	the state courts system; and
760	(b) Private investigation services.
761	(4) EXPERT WITNESSES; MITIGATION SPECIALISTS.-A private
762	court-appointed attorney must obtain authorization from the
763	court to employ an out-of-state expert or mitigation specialist
764	upon a showing that an expert or mitigation specialist who has
765	appropriate skills or expertise is not available from within the
766	county in which the case was filed or from elsewhere in the
767	state. An order authorizing the employment must be in writing
768	and contain specific findings regarding the unavailability of a
769	qualified in-state expert or mitigation specialist. The attorney
770	shall submit a copy of the order to the Justice Administrative
771	Commission.
772	(5) RIGHT TO DISCOVERY.-The Justice Administrative
773	Commission has a right to engage in discovery in accordance with
774	the Florida Rules of Civil Procedure on a motion to the court
775	seeking payment of attorney's fees, costs, or other expenses.
776	This right includes a reasonable opportunity to obtain discovery
777	before a hearing on the motion.
778	Section 11. Subsection (7) is added to section 28.241,
779	Florida Statutes, to read:
780	28.241 Filing fees for trial and appellate proceedings.-
781	(7) Nothing in this section authorizes the assessment of a
782	filing fee if the assessment is otherwise prohibited by law.
783	Section 12. Section 28.245, Florida Statutes, is amended
784	to read:
785	28.245 Transmittal of funds to Department of Revenue;
786	uniform remittance form required.-Notwithstanding any other
787	provision of law, all moneys collected by the clerks of the
788	court as part of the clerk's court-related functions for
789	subsequent distribution to any state entity must be transmitted
790	electronically, by the 10th 20th day of the month immediately
791	after following the month in which the moneys are collected, to
792	the Department of Revenue for appropriate distribution. A
793	uniform remittance form provided by the Department of Revenue
794	detailing the specific amounts due each fund must accompany such
795	submittal. All moneys collected by the clerks of court for
796	remittance to any entity must be distributed pursuant to the law
797	in effect at the time of collection.
798	Section 13. Subsection (6) of section 28.246, Florida
799	Statutes, is amended to read:
800	28.246 Payment of court-related fees, charges, and costs;
801	partial payments; distribution of funds.-
802	(6) A clerk of court shall pursue the collection of any
803	fees, service charges, fines, court costs, and liens for the
804	payment of attorney's fees and costs pursuant to s. 938.29 which
805	remain unpaid after 90 days by referring the account to a
806	private attorney who is a member in good standing of The Florida
807	Bar or collection agent who is registered and in good standing
808	pursuant to chapter 559. In pursuing the collection of such
809	unpaid financial obligations through a private attorney or
810	collection agent, the clerk of the court must have attempted to
811	collect the unpaid amount through a collection court,
812	collections docket, or other collections process, if any,
813	established by the court, find this to be cost-effective and
814	follow any applicable procurement practices. The collection fee,
815	including any reasonable attorney's fee, paid to any attorney or
816	collection agent retained by the clerk may be added to the
817	balance owed in an amount not to exceed 40 percent of the amount
818	owed at the time the account is referred to the attorney or
819	agent for collection. The clerk shall give the private attorney
820	or collection agent the application for the appointment of
821	court-appointed counsel regardless of whether the court file is
822	otherwise confidential from disclosure.
823	Section 14. Subsections (3) and (10) of section 28.36,
824	Florida Statutes, are amended to read:
825	28.36 Budget procedure.-There is established a budget
826	procedure for preparing budget requests for funding for the
827	court-related functions of the clerks of the court.
828	(3) Each clerk shall include in his or her budget request
829	the number of personnel and the proposed budget for each of the
830	following core services:
831	(a) Circuit criminal Case processing.
832	(b) County criminal Financial processing.
833	(c) Juvenile delinquency Jury management.
834	(d) Criminal traffic Information and reporting.
835	(e) Circuit civil.
836	(f) County civil.
837	(g) Civil traffic.
838	(h) Probate.
839	(i) Family.
840	(j) Juvenile dependency.
841
842	Central administrative costs shall be allocated among the core-
843	services categories.
844	(10)(a) Beginning in the 2010-2011 fiscal year, the
845	corporation shall release appropriations to each clerk
846	quarterly. If funds in the Clerks of Court Trust Fund are
847	insufficient to provide a release in a quarter in a single
848	release, the corporation may release partial amounts for that
849	quarter so long as the total of those partial amounts does not
850	exceed that quarter's release. If funds in the Clerks of Court
851	Trust Fund are insufficient for the first quarter release, the
852	corporation may make a request to the Governor for a trust fund
853	loan pursuant to chapter 215. The amount of the first three
854	releases shall be based on one quarter of the estimated budget
855	for each clerk as identified in the General Appropriations Act.
856	(b) The corporation shall estimate the fourth quarter's
857	number of units to be performed by each clerk. The amount of the
858	fourth-quarter release shall be based on the approved unit cost
859	times the estimated number of units of the fourth quarter with
860	the following adjustment: the fourth-quarter release shall be
861	adjusted based on the first three quarter's actual number of
862	service units provided as reported to the corporation by each
863	clerk. If the clerk has performed fewer service units in the
864	first three quarters of the year compared to three quarters of
865	the estimated number of service units in the General
866	Appropriations Act, the corporation shall decrease the fourth-
867	quarter release. The amount of the decrease shall equal the
868	amount of the difference between estimated number of service
869	units for the first three quarters and the actual number of
870	service units provided in the first three quarters times the
871	approved unit cost.
872	(c) No adjustment for the fourth-quarter release shall be
873	made if the clerk has performed more units than the estimate for
874	the first three quarters.
875	(d) If the clerk performs fewer units in the fourth
876	quarter than estimated by the corporation, the corporation shall
877	decrease the first-quarter release for the clerk in the next
878	fiscal year by the amount of the difference between the
879	estimated number of service units for the fourth quarter and the
880	actual number of service units performed in that quarter times
881	the approved unit cost.
882	(e) The total of all releases to the clerks of court may
883	not exceed the amount appropriated in the General Appropriations
884	Act. If, during the year, the corporation determines that the
885	projected releases of appropriations for service units will
886	exceed the estimate used in the General Appropriations Act and
887	result in statewide expenditures greater than the amount
888	appropriated by law, the corporation shall reduce all service
889	unit costs of all clerks by the amount necessary to ensure that
890	service units are funded within the total amount appropriated to
891	the clerks of court. If such action is necessary, the
892	corporation shall notify the Legislative Budget Commission. If
893	the Legislative Budget Commission objects to the adjustments,
894	the Legislative Budget Commission shall adjust all service unit
895	costs by the amount necessary to ensure that projected units of
896	service are funded within the total amount appropriated to the
897	clerks of court at its next scheduled meeting. For the 2009-2010
898	fiscal year, the corporation shall release appropriations in an
899	amount equal to one-twelfth of each clerk's approved budget each
900	month. The statewide total appropriation for the 2009-2010
901	fiscal year shall be set in the General Appropriations Act. The
902	corporation shall determine the amount of each clerk of court
903	budget, but the statewide total of such amounts may not exceed
904	the amount listed in the General Appropriations Act. Beginning
905	in the 2010-2011 fiscal year, the corporation shall release
906	appropriations to each clerk quarterly. The amount of the
907	release shall be based on the prior quarter's performance of
908	service units identified in the four core services and the
909	established unit costs for each clerk.
910	Section 15. Section 29.0095, Florida Statutes, is
911	repealed.
912	Section 16. Section 29.0195, Florida Statutes, is amended
913	to read:
914	29.0195 Recovery of expenditures for state-funded
915	services.-The trial court administrator of each circuit shall
916	recover expenditures for state-funded services when those
917	services have been furnished to a user of the state court system
918	who possesses the present ability to pay. The rate of
919	compensation for such services shall be the actual cost of the
920	services, including the cost of recovery. The trial court
921	administrator shall deposit moneys recovered under this section
922	in the Administrative Operating Trust Fund within the state
923	courts court system. The trial court administrator shall recover
924	the costs of court reporter services and transcription; court
925	interpreter services, including translation; and any other
926	service for which state funds were used to provide a product or
927	service within the circuit. This section does not authorize cost
928	recovery from entities described in ss. 29.005, 29.006, and
929	29.007.
930	Section 17. Paragraph (a) of subsection (1) of section
931	34.041, Florida Statutes, is amended to read:
932	34.041 Filing fees.-
933	(1)(a) Upon the institution of any civil action, suit, or
934	proceeding in county court, the party shall pay the following
935	filing fee, not to exceed:
936	1. For all claims less than $100 $50.
937	2. For all claims of $100 or more but not more than $500
938	$75.
939	3. For all claims of more than $500 but not more than
940	$2,500 $170.
941	4. For all claims of more than $2,500 $295.
942	5. In addition, for all proceedings of garnishment,
943	attachment, replevin, and distress $85.
944	6. Notwithstanding subparagraphs 3. and 5., for all claims
945	of not more than $1,000 filed simultaneously with an action for
946	replevin of property that is the subject of the claim $125.
947	7. For removal of tenant action $180.
948
949	The filing fee in subparagraph 6. is the total fee due under
950	this paragraph for that type of filing, and no other filing fee
951	under this paragraph may be assessed against such a filing.
952	Section 18. Subsection (6) of section 35.22, Florida
953	Statutes, is amended to read:
954	35.22 Clerk of district court; appointment; compensation;
955	assistants; filing fees; teleconferencing.-
956	(6) The clerk of each district court of appeal is required
957	to deposit all fees collected in the State Treasury to the
958	credit of the General Revenue Fund, except that $50 of each $300
959	filing fee collected shall be deposited into the State Courts
960	Revenue state court's Operating Trust Fund to fund court
961	operations improvement projects as authorized in the General
962	Appropriations Act. The clerk shall retain an accounting of each
963	such remittance.
964	Section 19. Section 39.0134, Florida Statutes, is amended
965	to read:
966	39.0134 Appointed counsel; compensation.-
967	(1) If counsel is entitled to receive compensation for
968	representation pursuant to a court appointment in a dependency
969	proceeding or a termination of parental rights proceeding
970	pursuant to this chapter, compensation shall be paid in
971	accordance with s. 27.5304. The state may acquire and enforce a
972	lien upon court-ordered payment of attorney's fees and costs in
973	the same manner prescribed in s. 938.29 accordance with s.
974	984.08.
975	(2)(a) A parent whose child is dependent, regardless of
976	whether adjudication was withheld, or whose parental rights are
977	terminated and who has received the assistance of the office of
978	criminal conflict and civil regional counsel, or any other
979	court-appointed attorney, or who has received due process
980	services after being found indigent for costs, shall be liable
981	for payment of the assessed application fee under s. 57.082,
982	together with reasonable attorney's fees and costs as determined
983	by the court.
984	(b) If reasonable attorney's fees or costs are assessed,
985	the court, at its discretion, may make payment of the fees or
986	costs part of any case plan in dependency proceedings. However,
987	a case plan may not remain open for the sole issue of payment of
988	attorney's fees or costs. At the court's discretion, a lien upon
989	court-ordered payment of attorney's fees and costs may be
990	ordered by the court and enforced in the same manner prescribed
991	in s. 938.29.
992	(c) The clerk of the court shall transfer monthly all
993	attorney's fees and costs collected under this subsection to the
994	Department of Revenue for deposit into the Indigent Civil
995	Defense Trust Fund, to be used as appropriated by the
996	Legislature and consistent with s. 27.511.
997	Section 20. Subsection (1) of section 39.821, Florida
998	Statutes, is amended to read:
999	39.821 Qualifications of guardians ad litem.-
1000	(1) Because of the special trust or responsibility placed
1001	in a guardian ad litem, the Guardian Ad Litem Program may use
1002	any private funds collected by the program, or any state funds
1003	so designated, to conduct a security background investigation
1004	before certifying a volunteer to serve. A security background
1005	investigation must include, but need not be limited to,
1006	employment history checks, checks of references, local criminal
1007	history records checks through local law enforcement agencies,
1008	and statewide criminal history records checks through the
1009	Department of Law Enforcement. Upon request, an employer shall
1010	furnish a copy of the personnel record for the employee or
1011	former employee who is the subject of a security background
1012	investigation conducted under this section. The information
1013	contained in the personnel record may include, but need not be
1014	limited to, disciplinary matters and the reason why the employee
1015	was terminated from employment. An employer who releases a
1016	personnel record for purposes of a security background
1017	investigation is presumed to have acted in good faith and is not
1018	liable for information contained in the record without a showing
1019	that the employer maliciously falsified the record. A security
1020	background investigation conducted under this section must
1021	ensure that a person is not certified as a guardian ad litem if
1022	the person has an arrest awaiting final disposition for, been
1023	convicted of, regardless of adjudication, or entered a plea of
1024	nolo contendere or guilty to, or has been adjudicated delinquent
1025	and the record has not been sealed or expunged for, any offense
1026	prohibited under the provisions listed in s. 435.04. All
1027	applicants certified on or after July 1, 2010, must undergo a
1028	level 2 background screening pursuant to chapter 435 before
1029	being certified the provisions of the Florida Statutes specified
1030	in s. 435.04(2) or under any similar law in another
1031	jurisdiction. Before certifying an applicant to serve as a
1032	guardian ad litem, the Guardian Ad Litem Program may request a
1033	federal criminal records check of the applicant through the
1034	Federal Bureau of Investigation. In analyzing and evaluating the
1035	information obtained in the security background investigation,
1036	the program must give particular emphasis to past activities
1037	involving children, including, but not limited to, child-related
1038	criminal offenses or child abuse. The program has the sole
1039	discretion in determining whether to certify a person based on
1040	his or her security background investigation. The information
1041	collected pursuant to the security background investigation is
1042	confidential and exempt from s. 119.07(1).
1043	Section 21. Subsections (1) and (5) of section 57.082,
1044	Florida Statutes, are amended to read:
1045	57.082 Determination of civil indigent status.-
1046	(1) APPLICATION TO THE CLERK.-A person seeking appointment
1047	of an attorney in a civil case eligible for court-appointed
1048	counsel, or seeking relief from payment of filing fees and
1049	prepayment of costs under s. 57.081, based upon an inability to
1050	pay must apply to the clerk of the court for a determination of
1051	civil indigent status using an application form developed by the
1052	Florida Clerks of Court Operations Corporation with final
1053	approval by the Supreme Court.
1054	(a) The application must include, at a minimum, the
1055	following financial information:
1056	1. Net income, consisting of total salary and wages, minus
1057	deductions required by law, including court-ordered support
1058	payments.
1059	2. Other income, including, but not limited to, social
1060	security benefits, union funds, veterans' benefits, workers'
1061	compensation, other regular support from absent family members,
1062	public or private employee pensions, unemployment compensation,
1063	dividends, interest, rent, trusts, and gifts.
1064	3. Assets, including, but not limited to, cash, savings
1065	accounts, bank accounts, stocks, bonds, certificates of deposit,
1066	equity in real estate, and equity in a boat or a motor vehicle
1067	or in other tangible property.
1068	4. All liabilities and debts.
1069
1070	The application must include a signature by the applicant which
1071	attests to the truthfulness of the information provided. The
1072	application form developed by the corporation must include
1073	notice that the applicant may seek court review of a clerk's
1074	determination that the applicant is not indigent, as provided in
1075	this section.
1076	(b) The clerk shall assist a person who appears before the
1077	clerk and requests assistance in completing the application, and
1078	the clerk shall notify the court if a person is unable to
1079	complete the application after the clerk has provided
1080	assistance.
1081	(c) The clerk shall accept an application that is signed
1082	by the applicant and submitted on his or her behalf by a private
1083	attorney who is representing the applicant in the applicable
1084	matter.
1085	(d) A person who seeks appointment of an attorney in a
1086	proceeding case under chapter 39, at shelter hearings or during
1087	the adjudicatory process, during the judicial review process,
1088	upon the filing of a petition to terminate parental rights, or
1089	upon the filing of any appeal, or if the person seeks
1090	appointment of an attorney in a reopened proceeding the trial or
1091	appellate level, for which an indigent person is eligible for
1092	court-appointed representation, must shall pay a $50 application
1093	fee to the clerk for each application filed. A person is not
1094	required to pay more than one application fee per case. However,
1095	an appeal or the reopening of a proceeding shall be deemed to be
1096	a distinct case. The applicant must shall pay the fee within 7
1097	days after submitting the application. If the applicant has not
1098	paid the fee within 7 days, the court shall enter an order
1099	requiring payment, and the clerk shall pursue collection under
1100	s. 28.246. The clerk shall transfer monthly all application fees
1101	collected under this paragraph to the Department of Revenue for
1102	deposit into the Indigent Civil Defense Trust Fund, to be used
1103	as appropriated by the Legislature. The clerk may retain 10
1104	percent of application fees collected monthly for administrative
1105	costs prior to remitting the remainder to the Department of
1106	Revenue. A person found to be indigent may not be refused
1107	counsel. If the person cannot pay the application fee, the clerk
1108	shall enroll the person in a payment plan pursuant to s. 28.246.
1109	(5) APPOINTMENT OF COUNSEL.-In appointing counsel after a
1110	determination that a person is indigent under this section, the
1111	court shall first appoint the office of criminal conflict and
1112	civil regional counsel, as provided in s. 27.511, unless
1113	specific provision is made in law for the appointment of the
1114	public defender in the particular civil proceeding. The court
1115	shall also order the person to pay the application fee under
1116	subsection (1), or enroll in a payment plan if he or she is
1117	unable to pay the fee, if the fee remains unpaid or if the
1118	person has not enrolled in a payment plan at the time the court
1119	appoints counsel. However, a person who is found to be indigent
1120	may not be refused counsel.
1121	Section 22. Subsection (4) of section 68.085, Florida
1122	Statutes, is amended to read:
1123	68.085 Awards to plaintiffs bringing action.-
1124	(4) Following any distributions under subsection (1),
1125	subsection (2), or subsection (3), the agency injured by the
1126	submission of a false or fraudulent claim shall be awarded an
1127	amount not to exceed its compensatory damages. If the action was
1128	based on a claim of funds from the state Medicaid program, 10
1129	percent of any remaining proceeds shall be deposited into the
1130	Operating Legal Affairs Revolving Trust Fund to fund rewards for
1131	persons who report and provide information relating to Medicaid
1132	fraud pursuant to s. 409.9203. Any remaining proceeds, including
1133	civil penalties awarded under s. 68.082, shall be deposited in
1134	the General Revenue Fund.
1135	Section 23. Subsection (2) of section 119.0714, Florida
1136	Statutes, is amended to read:
1137	119.0714 Court files; court records; official records.-
1138	(2) COURT RECORDS.-
1139	(a) Until January 1, 2012 2011, if a social security
1140	number or a bank account, debit, charge, or credit card number
1141	is included in a court file, such number may be included as part
1142	of the court record available for public inspection and copying
1143	unless redaction is requested by the holder of such number or by
1144	the holder's attorney or legal guardian.
1145	(b) A request for redaction must be a signed, legibly
1146	written request specifying the case name, case number, document
1147	heading, and page number. The request must be delivered by mail,
1148	facsimile, electronic transmission, or in person to the clerk of
1149	the court. The clerk of the court does not have a duty to
1150	inquire beyond the written request to verify the identity of a
1151	person requesting redaction.
1152	(c) A fee may not be charged for the redaction of a social
1153	security number or a bank account, debit, charge, or credit card
1154	number pursuant to such request.
1155	(d) The clerk of the court has no liability for the
1156	inadvertent release of social security numbers, or bank account,
1157	debit, charge, or credit card numbers, unknown to the clerk of
1158	the court in court records filed on or before January 1, 2012
1159	2011.
1160	(e)1. On January 1, 2012 2011, and thereafter, the clerk
1161	of the court must keep social security numbers confidential and
1162	exempt as provided for in s. 119.071(5)(a), and bank account,
1163	debit, charge, and credit card numbers exempt as provided for in
1164	s. 119.071(5)(b), without any person having to request
1165	redaction.
1166	2. Section 119.071(5)(a)7. and 8. does not apply to the
1167	clerks of the court with respect to court records.
1168	Section 24. Paragraph (b) of subsection (13) of section
1169	318.18, Florida Statutes, is amended to read:
1170	318.18 Amount of penalties.-The penalties required for a
1171	noncriminal disposition pursuant to s. 318.14 or a criminal
1172	offense listed in s. 318.17 are as follows:
1173	(13)
1174	(b) A county may not impose a surcharge the surcharges
1175	authorized under subparagraph subparagraphs (a)1.,
1176	subparagraph(a)2., or and subparagraph(a)3., but may not impose
1177	more than one surcharge under this subsection concurrently. A
1178	county may elect to impose a different authorized surcharge but
1179	may not impose more than one surcharge at a time. The clerk of
1180	court shall report, no later than 30 days after the end of the
1181	quarter, the amount of funds collected under this subsection
1182	during each quarter of the fiscal year. The clerk shall submit
1183	the report, in a format developed by the Office of State Courts
1184	Administrator, to the chief judge of the circuit, the Governor,
1185	the President of the Senate, the Speaker of the House of
1186	Representatives, and the board of county commissioners.
1187	Section 25. Effective October 1, 2010, section 320.061,
1188	Florida Statutes, is amended to read:
1189	320.061 Unlawful to alter motor vehicle registration
1190	certificates, license plates, mobile home stickers, or
1191	validation stickers or to obscure license plates; penalty.-No
1192	person shall alter the original appearance of any registration
1193	license plate, mobile home sticker, validation sticker, or
1194	vehicle registration certificate issued for and assigned to any
1195	motor vehicle or mobile home, whether by mutilation, alteration,
1196	defacement, or change of color or in any other manner. No person
1197	shall apply or attach any substance, reflective matter,
1198	illuminated device, spray, coating, covering, or other material
1199	onto or around any license plate that interferes with the
1200	legibility, angular visibility, or detectability of any feature
1201	or detail on the license plate or interferes with the ability to
1202	record any feature or detail on the license plate. Any person
1203	who violates this section commits a noncriminal traffic
1204	infraction, punishable as a moving violation as provided in
1205	chapter 318 misdemeanor of the second degree, punishable as
1206	provided in s. 775.082 or s. 775.083.
1207	Section 26. Effective October 1, 2010, subsection (3) of
1208	section 320.131, Florida Statutes, is amended to read:
1209	320.131 Temporary tags.-
1210	(3) Any person or corporation who unlawfully issues or
1211	uses a temporary tag or violates this section or any rule
1212	adopted by the department to implement this section commits is
1213	guilty of a noncriminal infraction, punishable as a moving
1214	violation as provided in chapter 318 misdemeanor of the second
1215	degree punishable as provided in s. 775.082 or s. 775.083 in
1216	addition to other administrative action by the department.,
1217	except that Using a temporary tag that has been expired for a
1218	period of 7 days or less is a noncriminal infraction, and is a
1219	nonmoving violation punishable as provided for in chapter 318.
1220	Section 27. Effective October 1, 2010, subsections (1) and
1221	(5) of section 322.03, Florida Statutes, are amended to read:
1222	322.03 Drivers must be licensed; penalties.-
1223	(1) Except as otherwise authorized in this chapter, a
1224	person may not drive any motor vehicle upon a highway in this
1225	state unless such person has a valid driver's license issued
1226	under this chapter.
1227	(a) A person who drives a commercial motor vehicle may not
1228	receive a driver's license unless and until he or she surrenders
1229	to the department all driver's licenses in his or her possession
1230	issued to him or her by any other jurisdiction or makes an
1231	affidavit that he or she does not possess a driver's license.
1232	Any such person who fails to surrender such licenses commits a
1233	noncriminal infraction, punishable as a moving violation as set
1234	forth in chapter 318. Any such person or who makes a false
1235	affidavit concerning such licenses commits a misdemeanor of the
1236	first degree, punishable as provided in s. 775.082 or s.
1237	775.083.
1238	(b) All surrendered licenses may be returned by the
1239	department to the issuing jurisdiction together with information
1240	that the licensee is now licensed in a new jurisdiction or may
1241	be destroyed by the department, which shall notify the issuing
1242	jurisdiction of such destruction. A person may not have more
1243	than one valid driver's license at any time.
1244	(c) Part-time residents of this state issued a license
1245	that is valid within this state only under paragraph (b) as that
1246	paragraph existed before November 1, 2009, may continue to hold
1247	such license until the next issuance of a Florida driver's
1248	license or identification card. Licenses that are identified as
1249	"Valid in Florida Only" may not be issued or renewed effective
1250	November 1, 2009. This paragraph expires June 30, 2017.
1251	(5) It is a violation of this section for any person whose
1252	driver's license has been expired for more than 6 4 months to
1253	operate a motor vehicle on the highways of this state.
1254	Section 28. Effective October 1, 2010, subsections (5) and
1255	(6) of section 322.16, Florida Statutes, are amended to read:
1256	322.16 License restrictions.-
1257	(5) It is a misdemeanor of the second degree, punishable
1258	as provided in s. 775.082 or s. 775.083, for any person to
1259	operate a motor vehicle in any manner in violation of the
1260	restrictions imposed under paragraph (1)(c) in a license issued
1261	to him or her except for a violation of paragraph (1)(d),
1262	subsection (2), or subsection (3).
1263	(6) Any person who operates a motor vehicle in violation
1264	of the restrictions imposed under paragraph (1)(a), paragraph
1265	(1)(b), in subsection (2), or subsection (3) will be charged
1266	with a moving violation and fined in accordance with chapter
1267	318.
1268	Section 29. Subsection (1) of section 775.083, Florida
1269	Statutes, is amended to read:
1270	775.083 Fines.-
1271	(1) A person who has been convicted of an offense other
1272	than a capital felony may be sentenced to pay a fine in addition
1273	to any punishment described in s. 775.082; when specifically
1274	authorized by statute, he or she may be sentenced to pay a fine
1275	in lieu of any punishment described in s. 775.082. A person who
1276	has been convicted of a noncriminal violation may be sentenced
1277	to pay a fine. Fines for designated crimes and for noncriminal
1278	violations shall not exceed:
1279	(a) $15,000, when the conviction is of a life felony.
1280	(b) $10,000, when the conviction is of a felony of the
1281	first or second degree.
1282	(c) $5,000, when the conviction is of a felony of the
1283	third degree.
1284	(d) $1,000, when the conviction is of a misdemeanor of the
1285	first degree.
1286	(e) $500, when the conviction is of a misdemeanor of the
1287	second degree or a noncriminal violation.
1288	(f) Any higher amount equal to double the pecuniary gain
1289	derived from the offense by the offender or double the pecuniary
1290	loss suffered by the victim.
1291	(g) Any higher amount specifically authorized by statute.
1292
1293	Fines imposed in this subsection shall be deposited by the clerk
1294	of the court in the fine and forfeiture fund established
1295	pursuant to s. 142.01, except that the clerk shall remit fines
1296	imposed when adjudication is withheld to the Department of
1297	Revenue for deposit shall be deposited in the General Revenue
1298	Fund State Courts Revenue Trust Fund, and such fines imposed
1299	when adjudication is withheld are not revenue for purposes of s.
1300	28.36 and may not be used in establishing the budget of the
1301	clerk of the court under that section or s. 28.35. If a
1302	defendant is unable to pay a fine, the court may defer payment
1303	of the fine to a date certain. As used in this subsection, the
1304	term "convicted" or "conviction" means a determination of guilt
1305	which is the result of a trial or the entry of a plea of guilty
1306	or nolo contendere, regardless of whether adjudication is
1307	withheld.
1308	Section 30. Subsection (5) of section 832.08, Florida
1309	Statutes, is amended to read:
1310	832.08 State attorney bad check diversion program; fees
1311	for collections.-
1312	(5) To fund the diversion program, the state attorney may
1313	collect a fee on each check that is collected through the state
1314	attorney's office, whether it is collected through prosecution
1315	or through the diversion program. Funds collected under this
1316	subsection shall be deposited in the State Attorneys Revenue
1317	Trust Fund. However, the state attorney may not collect such a
1318	fee on any check collected through a diversion program which was
1319	in existence in another office prior to October 1, 1986. A fee
1320	may be collected by an office operating such a preexisting
1321	diversion program for the purpose of funding such program. The
1322	amount of the fee for each check shall not exceed:
1323	(a) Twenty-five dollars, if the face value does not exceed
1324	$50.
1325	(b) Thirty dollars, if the face value is more than $50 but
1326	does not exceed $300.
1327	(c) Forty dollars, if the face value is more than $300.
1328	Section 31. Section 938.06, Florida Statutes, is amended
1329	to read:
1330	938.06 Additional Cost for crime stoppers programs.-
1331	(1) In addition to any fine prescribed by law, when a
1332	person is convicted of for any criminal offense, the county or
1333	circuit court shall assess there is hereby assessed as a court
1334	cost an additional surcharge of $20 on such fine, which shall be
1335	imposed by all county and circuit courts and collected by the
1336	clerks of the courts together with such fine.
1337	(2) The clerk of the court shall collect and forward, on a
1338	monthly basis, all costs assessed under this section, less $3
1339	per assessment as a service charge to be retained by the clerk,
1340	to the Department of Revenue for deposit in the Crime Stoppers
1341	Trust Fund, to be used as provided in s. 16.555.
1342	(3) As used in this section, the term "convicted" means a
1343	determination of guilt that is the result of a trial or the
1344	entry of a plea of guilty or nolo contendere, regardless of
1345	whether adjudication is withheld.
1346	Section 32. Subsection (8) of section 938.27, Florida
1347	Statutes, is amended to read:
1348	938.27 Judgment for costs on conviction.-
1349	(8) Costs for the state attorney shall be set in all cases
1350	at no less than $50 per case when a misdemeanor or criminal
1351	traffic offense is charged and no less than $100 per case when a
1352	felony offense is charged, including a proceeding in which the
1353	underlying offense is a violation of probation or community
1354	control. The court may set a higher amount upon a showing of
1355	sufficient proof of higher costs incurred. Costs recovered on
1356	behalf of the state attorney under this section shall be
1357	deposited into the State Attorneys Revenue attorney's grants and
1358	donations Trust Fund to be used during the fiscal year in which
1359	the funds are collected, or in any subsequent fiscal year, for
1360	actual expenses incurred in investigating and prosecuting
1361	criminal cases, which may include the salaries of permanent
1362	employees, or for any other purpose authorized by the
1363	Legislature.
1364	Section 33. Paragraph (b) of subsection (2) of section
1365	938.29, Florida Statutes, is amended to read:
1366	938.29 Legal assistance; lien for payment of attorney's
1367	fees or costs.-
1368	(2)
1369	(b) A judgment showing the name and residence of the
1370	defendant-recipient or parent shall be recorded in the public
1371	record, without cost, by the clerk of the circuit court in the
1372	county where the defendant-recipient or parent resides and in
1373	each county in which such defendant-recipient or parent then
1374	owns or later acquires any property. Such judgments shall be
1375	enforced on behalf of the state by the clerk of the circuit
1376	court of the county in which assistance was rendered. The lien
1377	against a parent shall remain in force notwithstanding the child
1378	becoming emancipated or the child reaching the age of majority.
1379	Section 34. Section 939.08, Florida Statutes, is amended
1380	to read:
1381	939.08 Costs to be certified before audit.-In all cases
1382	wherein is claimed the payment of applicable bills of costs,
1383	fees, or expenses of the state courts system as provided in s.
1384	29.004, other than juror and witness fees, in the adjudication
1385	of any case payable by the state, the trial court administrator
1386	or the administrator's designee shall review the itemized bill.
1387	The bill shall not be paid until the trial court administrator
1388	or the administrator's designee has approved it and certified
1389	that it is just, correct, and reasonable and contains no
1390	unnecessary or illegal item.
1391	Section 35. Paragraph (a) of subsection (1) of section
1392	939.185, Florida Statutes, is amended to read:
1393	939.185 Assessment of additional court costs and
1394	surcharges.-
1395	(1)(a) The board of county commissioners may adopt by
1396	ordinance an additional court cost, not to exceed $65, to be
1397	imposed by the court when a person pleads guilty or nolo
1398	contendere to, or is found guilty of, or adjudicated delinquent
1399	for, any felony, misdemeanor, delinquent act, or criminal
1400	traffic offense under the laws of this state. Such additional
1401	assessment shall be accounted for separately by the county in
1402	which the offense occurred and be used only in the county
1403	imposing this cost, to be allocated as follows:
1404	1. Twenty-five percent of the amount collected shall be
1405	allocated to fund innovations, as determined by the chief judge
1406	of the circuit, to supplement state funding for the elements of
1407	the state courts system identified in s. 29.004 and county
1408	funding for local requirements under s. 29.008(2)(a)2.
1409	2. Twenty-five percent of the amount collected shall be
1410	allocated to assist counties in providing legal aid programs
1411	required under s. 29.008(3)(a).
1412	3. Twenty-five percent of the amount collected shall be
1413	allocated to fund personnel and legal materials for the public
1414	as part of a law library.
1415	4. Twenty-five percent of the amount collected shall be
1416	used as determined by the board of county commissioners to
1417	support teen court programs, except as provided in s. 938.19(7),
1418	juvenile assessment centers, and other juvenile alternative
1419	programs.
1420
1421	Each county receiving funds under this section shall report the
1422	amount of funds collected pursuant to this section and an
1423	itemized list of expenditures for all authorized programs and
1424	activities. The report shall be submitted in a format developed
1425	by the Supreme Court to the Governor, the Chief Financial
1426	Officer, the President of the Senate, and the Speaker of the
1427	House of Representatives on a quarterly basis beginning with the
1428	quarter ending September 30, 2004. Quarterly reports shall be
1429	submitted no later than 30 days after the end of the quarter.
1430	Any unspent funds at the close of the county fiscal year
1431	allocated under subparagraphs 2., 3., and 4., shall be
1432	transferred for use pursuant to subparagraph 1.
1433	Section 36. Subsection (15) is added to section 943.03,
1434	Florida Statutes, to read:
1435	943.03 Department of Law Enforcement.-
1436	(15) The Department of Law Enforcement, in consultation
1437	with the Criminal and Juvenile Justice Information Systems
1438	Council established in s. 943.06, shall modify the existing
1439	statewide uniform statute table in its criminal history system
1440	to meet the business requirements of state and local criminal
1441	justice and law enforcement agencies. In order to accomplish
1442	this objective, the department shall:
1443	(a) Define the minimum business requirements necessary for
1444	successful implementation.
1445	(b) Consider the charging and booking requirements of
1446	sheriffs' offices and police departments and the business
1447	requirements of state attorneys, public defenders, criminal
1448	conflict and civil regional counsel, clerks of court, judges,
1449	and state law enforcement agencies.
1450	(c) Adopt rules establishing the necessary technical and
1451	business process standards required to implement, operate, and
1452	ensure uniform system use and compliance.
1453
1454	The required system modifications and adopted rules shall be
1455	implemented by December 31, 2012.
1456	Section 37. Paragraph (b) of subsection (3) of section
1457	943.053, Florida Statutes, is amended to read:
1458	943.053 Dissemination of criminal justice information;
1459	fees.-
1460	(3)
1461	(b) The fee per record for criminal history information
1462	provided pursuant to this subsection and s. 943.0542 is $24 per
1463	name submitted, except that the fee for the guardian ad litem
1464	program and vendors of the Department of Children and Family
1465	Services, the Department of Juvenile Justice, and the Department
1466	of Elderly Affairs shall be $8 for each name submitted; the fee
1467	for a state criminal history provided for application processing
1468	as required by law to be performed by the Department of
1469	Agriculture and Consumer Services shall be $15 for each name
1470	submitted; and the fee for requests under s. 943.0542, which
1471	implements the National Child Protection Act, shall be $18 for
1472	each volunteer name submitted. The state offices of the Public
1473	Defender shall not be assessed a fee for Florida criminal
1474	history information or wanted person information.
1475	Section 38. The amount of unexpended balances in the state
1476	court's Operating Trust Fund attributable to collections made
1477	pursuant to ss. 25.241 and 35.22, Florida Statutes, before
1478	amendment by this act shall be transferred to the State Courts
1479	Revenue Trust Fund, FLAIR number 22-2-057. All other unexpended
1480	funds in the Operating Trust Fund are transferred to the
1481	Administrative Trust Fund within the state courts system.
1482	Section 39. The amount of unexpended balances in the state
1483	attorney's grants and donations trust fund attributable to
1484	collections made pursuant to ss. 832.08 and 938.27, Florida
1485	Statutes, before amendment by this act shall be transferred to
1486	the State Attorneys Revenue Trust Fund, FLAIR number 21-2-058.
1487	Section 40. The sum of $3,600,000 of nonrecurring funds
1488	from the Clerks of Court Trust Fund is appropriated to the
1489	Florida Clerks of Court Operations Corporation to be distributed
1490	to the clerks of court where the state court system has
1491	distributed the increased resources provided in the 2010-2011
1492	General Appropriations Act for workload associated with
1493	foreclosure and economic recovery. The corporation shall submit
1494	a budget amendment pursuant to chapter 216, Florida Statutes, to
1495	distribute the funding among the clerks of court.
1496	Section 41. The sum of $18,600,000 from the State Courts
1497	Revenue Trust Fund is transferred to the Clerks of the Court
1498	Trust Fund in the Justice Administrative Commission for the
1499	purpose of paying the general revenue service charge for the
1500	state fiscal year 2009-2010. This section shall take effect upon
1501	this act becoming a law.
1502	Section 42. Except as otherwise expressly provided in this
1503	act, and except for this section which shall take effect upon
1504	this act becoming a law, this act shall take effect July 1,
1505	2010.

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