Florida Senate - 2021 SB 1926 By Senator Gibson 6-01030A-21 20211926__ Page 1 of 106 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to children and young adults’ fines 2 and fees; providing a

short title; amending s. 27.52, 3 F.S., and reenacting paragraphs (5)(a), (c), (d), and 4 (i), relating to being indigent for costs; excluding 5 children, their parents or legal guardians, or certain 6 young adults, when seeking appointment of a public 7 defender, from having to apply to the clerk of the 8 court for a determination of indigent status; waiving 9 the required application fee for such persons; 10 deleting provisions requiring nonindigent parents or 11 guardians from being responsible for certain financial 12 obligations of children or adult tax-dependent 13 persons; amending s. 318.15, F.S.; excluding children 14 or certain young adults from suspension of their 15 driver licenses for failing to pay civil penalties or 16 enter into a penalty payment plan for certain 17 penalties; prohibiting such children or young adults 18 from being charged specified fees; requiring the 19 Department of Highway Safety and Motor Vehicles to 20 immediately and automatically reinstate the driver 21 licenses of such children or young adults; amending s. 22 322.245, F.S.; excluding children or certain young 23 adults charged with certain violations from suspension 24 of their driver licenses for failing to comply with 25 certain directives by the court and for failing to pay 26 delinquency fees; prohibiting such children or young 27 adults from being charged specified fees; requiring 28 the department to immediately and automatically 29

Florida Senate - 2021 SB 1926 6-01030A-21 20211926__ Page 2 of 106 CODING: Words stricken are deletions; words underlined are additions. reinstate the driver licenses of such children or 30 young adults; amending s. 775.083, F.S.; excluding 31 children or certain young adults who have been 32 convicted of certain offenses from an authorization as 33 part of a sentence to pay a fine and, when specified 34 in law, to pay a fine in lieu of specified 35 punishments; excluding children or certain young 36 adults from a requirement that court costs be assessed 37 and collected in each instance that a defendant pleads 38 nolo contendere to or is convicted of certain 39 offenses; amending s. 938.01, F.S.; excluding children 40 or certain young adults who have been convicted of 41 certain offenses or whose adjudication is withheld 42 from a requirement to pay a specified court cost; 43 amending s. 938.03, F.S.; excluding children or 44 certain young adults who have pled guilty or nolo 45 contendere to, or who have been convicted of, certain 46 offenses or whose adjudication is withheld from being 47 required to pay an additional specified cost; amending 48 s. 938.05, F.S.; excluding children or certain young 49 adults who plead nolo contendere to certain offenses 50 or plead guilty or nolo contendere to, or who are 51 found guilty of, certain offenses from being required 52 to pay a specified cost; amending s. 938.055, F.S.; 53 excluding children or certain young adults from an 54 authorization allowing a court to assess certain 55 defendants a specified fee; amending s. 938.06, F.S.; 56 excluding children or certain young adults from a 57 requirement that a person convicted of any criminal 58

Florida Senate - 2021 SB 1926 6-01030A-21 20211926__ Page 3 of 106 CODING: Words stricken are deletions; words underlined are additions. offense be assessed a certain court cost by the county 59 or circuit court; amending s. 938.08, F.S.; excluding 60 children or certain young adults from a requirement 61 that for specified violations, the court impose a 62 certain surcharge; amending s. 938.085, F.S.; 63 excluding children or certain young adults from a 64 requirement that for specified violations, the court 65 impose a certain surcharge; amending s. 938.10, F.S.; 66 excluding children or certain young adults from a 67 requirement that for specified violations, the court 68 impose a certain court cost; amending s. 938.13, F.S.; 69 excluding children or certain young adults from a 70 requirement that for specified violations, the court 71 impose a certain cost; amending s. 938.15, F.S.; 72 excluding children or certain young adults from an 73 authorization that allows municipalities and counties 74 to assess a certain cost; amending s. 938.19, F.S., 75 and reenacting subsection (7), relating to teen 76 courts; excluding children or certain young adults 77 from an authorization, rather than a requirement, that 78 allows the board of county commissioners, in each 79 county in which a teen court has been created, to 80 adopt a court cost to be assessed in specific cases; 81 excluding children or certain young adults from a 82 requirement that a certain court cost be assessed 83 against each person who pleads guilty or nolo 84 contendere to or is convicted of certain offenses; 85 amending s. 938.23, F.S.; excluding children or 86 certain young adults from an authorization that allows 87

Florida Senate - 2021 SB 1926 6-01030A-21 20211926__ Page 4 of 106 CODING: Words stricken are deletions; words underlined are additions. a court to impose an additional assessment in an 88 amount up to the amount of the fine authorized for the 89 offense; amending s. 938.27, F.S.; excluding children 90 or certain young adults from the convicted persons who 91 are liable for payment of specified costs; excluding 92 children or certain young adults from the requirement 93 of paying certain costs as a condition of being placed 94 on probation or community control; amending s. 938.29, 95 F.S.; excluding children or certain young adults from 96 the defendants who are liable for a certain 97 application fee and attorney fees and costs under 98 certain circumstances; deleting provisions relating to 99 a parent’s lien responsibility for costs and fees of 100 an accused minor or an accused adult tax-dependent 101 person; prohibiting children, their parents or legal 102 guardians, or certain young adults from being required 103 to reimburse specified costs or fees; amending s. 104 939.185, F.S.; excluding children or certain young 105 adults from an authorization that allows a board of 106 county commissioners to adopt by ordinance an 107 additional court cost imposed by a court when a person 108 pleads guilty or nolo contendere to, or is found 109 guilty of, certain offenses; conforming a provision to 110 changes made by the act; amending s. 943.0515, F.S.; 111 deleting a provision requiring a processing fee as 112 part of an application for expunction of certain 113 criminal history records of a minor; amending s. 114 948.09, F.S.; excluding children or certain young 115 adults from the requirement that persons ordered by 116

Florida Senate - 2021 SB 1926 6-01030A-21 20211926__ Page 5 of 106 CODING: Words stricken are deletions; words underlined are additions. the court or certain entities to be placed under 117 supervision under specified provisions of law or in a 118 pretrial intervention program must pay specified sums 119 of money as a condition of being placed under such 120 supervision or program; excluding children or certain 121 young adults from the requirement that any person 122 placed on misdemeanor probation by a county court pay 123 a minimum monthly fee to the entity providing 124 misdemeanor supervision; excluding children or certain 125 young adults from the requirement that any person 126 being electronically monitored by the Department of 127 Corrections pay the department for the electronic 128 monitoring services at a certain rate in addition to a 129 certain cost; prohibiting children, their parents or 130 legal guardians, or certain young adults from being 131 required to reimburse specified costs or fees; 132 amending s. 960.28, F.S.; excluding children or 133 certain young adults from the requirement that 134 defendants who plead guilty or nolo contendere to, or 135 are convicted of, certain offenses be ordered by the 136 court to pay restitution of a certain amount; amending 137 s. 985.032, F.S.; prohibiting, rather than requiring, 138 a juvenile who has been adjudicated delinquent or has 139 adjudication of delinquency withheld from being 140 assessed costs of prosecution; prohibiting such 141 juveniles from being assessed the costs for any 142 probation or diversion services; amending s. 985.033, 143 F.S.; requiring a court to appoint counsel if a child 144 or his or her parents or other legal guardian do not 145

Florida Senate - 2021 SB 1926 6-01030A-21 20211926__ Page 6 of 106 CODING: Words stricken are deletions; words underlined are additions. employ counsel for the child; deleting a provision 146 providing for the determination of indigence and costs 147 of representation; deleting an exception to the 148 requirement that a child be represented by legal 149 counsel at all stages of all court proceedings; 150 specifying that representation may not be waived by 151 the child or his or her parents or legal guardian; 152 prohibiting children, their parents or legal 153 guardians, or certain young adults from being required 154 to pay certain fees, costs, or expenses if a court 155 appoints counsel for the child or young adult; 156 conforming provisions to changes made by the act; 157 creating s. 985.038, F.S.; providing that, after a 158 certain date, the balance of any court-ordered costs 159 imposed against children, their parents or legal 160 guardians, or certain young adults pursuant to 161 specified provisions of law shall be unenforceable and 162 uncollectable and on a certain date, the portion of 163 the judgment imposing such costs is vacated; providing 164 that after a certain date, the balance of any court-165 ordered costs imposed pursuant to specified provisions 166 of law which are related to the rendering of legal 167 services to children, their parents or legal 168 guardians, or certain young adults by an attorney 169 shall be unenforceable and uncollectable and on a 170 certain date, the portion of the judgment imposing 171 those costs is vacated; providing that, after a 172 certain date, all unsatisfied civil judgments or 173 portions of judgments based on unpaid costs, fees, 174

Florida Senate - 2021 SB 1926 6-01030A-21 20211926__ Page 7 of 106 CODING: Words stricken are deletions; words underlined are additions. reimbursements, or other financial obligations imposed 175 pursuant to specified provisions of law on children, 176 their parents or legal guardians, or certain young 177 adults are deemed to be null and void; requiring that 178 certain procedures be designed and implemented to 179 accomplish the vacatur and discharge of certain civil 180 judgments by a specified date; providing that, after a 181 certain date, all warrants issued solely based on the 182 alleged failure of children, their parents or legal 183 guardians, or certain young adults to pay or to appear 184 on a court date set for the sole purpose of payment of 185 costs, fees, reimbursements, or any other financial 186 obligation imposed pursuant to specified provisions of 187 law are null and void; requiring that certain 188 procedures be designed and implemented to accomplish 189 the rescinding and expungement of certain warrants by 190 a specified date; requiring that, after a certain 191 date, children, their parents or legal guardians, or 192 certain young adults who have had their driver license 193 suspended for nonpayment of court costs or fees 194 pursuant to specified provisions of law immediately 195 and automatically have their driver license reinstated 196 by the Department of Highway Safety and Motor 197 Vehicles; amending s. 985.039, F.S.; prohibiting a 198 child, or a parent or legal guardian of such child, 199 from being ordered to pay any fee under ch. 985, F.S.; 200 deleting provisions relating to the cost of 201 supervision and the cost of care; amending s. 985.12, 202 F.S.; deleting a provision requiring that each 203

Florida Senate - 2021 SB 1926 6-01030A-21 20211926__ Page 8 of 106 CODING: Words stricken are deletions; words underlined are additions. judicial circuit’s civil citation or similar prearrest 204 diversion program specify a program fee, if any, to be 205 paid by the juvenile; amending s. 985.155, F.S.; 206 deleting a provision authorizing a Restorative Justice 207 Board to require a juvenile to surrender his or her 208 driver license and either require the department to 209 suspend the juvenile’s driving privileges or restrict 210 his or her travel; deleting a provision that a certain 211 contract may require a parent or guardian to post a 212 bond payable to the state to secure the performance of 213 certain sanctions imposed upon a juvenile; amending s. 214 985.18, F.S.; requiring that certain costs related to 215 taking children into custody be paid for by certain 216 parties; prohibiting a court from ordering the 217 parents, guardian, or other custodian to reimburse the 218 county or state for certain expenses; amending s. 219 985.331, F.S.; deleting a provision on how certain 220 witnesses must be paid; repealing s. 985.514, F.S., 221 relating to responsibility for the cost of care and 222 fees; amending s. 985.145, F.S.; conforming a 223 provision to changes made by the act; reenacting ss. 224 27.02(2), 27.51(1), 27.511(5), 27.525, 27.702(3)(b), 225 29.0185, 57.081(1), 162.30, 392.55(4)(c), 392.56(3), 226 900.05(3)(a), 914.11, 916.107(2)(a), 916.15(4), 227 938.29(1)(c), 939.06(1), and 943.053(7), F.S., 228 relating to duties before the court; duties of the 229 public defender; offices of criminal conflict and 230 civil regional counsel, legislative intent, 231 qualifications, appointment, and duties; the Indigent 232

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Criminal Defense Trust Fund; duties of the capital 233 collateral regional counsel and reports; provision of 234 state-funded due process services to individuals; 235 costs and right to proceed where prepayment of costs 236 and payment of filing fees are waived; civil actions 237 to enforce county and municipal ordinances; physical 238 examination and treatment; hospitalization, placement, 239 and residential isolation; criminal justice data 240 collection; indigent defendants; rights of forensic 241 clients; involuntary commitment of defendant 242 adjudicated not guilty by reason of insanity; legal 243 assistance and lien for payment of attorney’s fees or 244 costs; acquitted defendant not liable for costs; and 245 dissemination of criminal justice information and 246 fees, respectively, to incorporate the amendment made 247 to s. 27.52, F.S., in references thereto; reenacting 248 ss. 903.286 and 948.03(1)(j), F.S., relating to return 249 of cash bond, requirement to withhold unpaid fines, 250 fees, and court costs, and cash bond forms; and terms 251 and conditions of probation, respectively, to 252 incorporate the amendments made to ss. 27.52 and 253 938.29, F.S., in references thereto; reenacting ss. 254 322.29(2) and 322.34(10)(a), F.S., relating to 255 surrender and return of license and driving while 256 license suspended, revoked, canceled, or disqualified, 257 respectively, to incorporate the amendments made to 258 ss. 318.15 and 322.245, F.S., in references thereto; 259 reenacting ss. 318.14(10)(a), 320.571, and 322.391, 260 F.S., relating to noncriminal traffic infractions, 261

Florida Senate - 2021 SB 1926 6-01030A-21 20211926__ Page 10 of 106 CODING: Words stricken are deletions; words underlined are additions. exception, and procedures; failure of person charged 262 with misdemeanor under this

chapter to comply with 263 court-ordered directives and suspension of license; 264 and failure of person charged with misdemeanor under 265 this

chapter to comply with court-ordered directives 266 and suspension of license, respectively, to 267 incorporate the amendment made to s. 322.245, F.S., in 268 references thereto; reenacting s. 938.15, F.S., 269 relating to criminal justice education for local 270 government, to incorporate the amendment made to s. 271 938.01, F.S., in a reference thereto; reenacting ss. 272 318.21(10), 775.0835(2), and 960.14(2), F.S., relating 273 to disposition of civil penalties by county courts; 274 fines, surcharges, and Crimes Compensation Trust Fund; 275 and manner of payment and execution or attachment, 276 respectively, to incorporate the amendment made to s. 277 938.03, F.S., in references thereto; reenacting ss. 278 921.187(1)(

l) and 943.361, F.S., relating to 279 disposition and sentencing, alternatives, and 280 restitution; and statewide criminal analysis 281 laboratory system and funding through fine surcharges, 282 respectively, to incorporate the amendment made to s. 283 938.055, F.S., in references thereto; reenacting s. 284 16.555(4)(

b) and (5)(b), F.S., relating to the Crime 285 Stoppers Trust Fund and rulemaking, to incorporate the 286 amendment made to s. 938.06, F.S., in references 287 thereto; reenacting s. 741.01(2), F.S., relating to 288 county court judge or clerk of the circuit court to 289 issue marriage license and fee, to incorporate the 290

Florida Senate - 2021 SB 1926 6-01030A-21 20211926__ Page 11 of 106 CODING: Words stricken are deletions; words underlined are additions. amendment made to s. 938.08, F.S., in a reference 291 thereto; reenacting s. 794.055(3)(b), F.S., relating 292 to access to services for victims of sexual battery, 293 to incorporate the amendment made to s. 938.085, F.S., 294 in a reference thereto; reenacting ss. 39.3035(3) and 295 215.22(1)(v), F.S., relating to child advocacy 296 centers, standards, and state funding and certain 297 income and certain trust funds exempt, to incorporate 298 the amendment made to s. 938.10, F.S., in references 299 thereto; reenacting ss. 318.18(11)(

c) and (d), 300 318.21(3), 327.73(11)(b), 938.01(2), and 943.25(11), 301 F.S., relating to amount of penalties; disposition of 302 civil penalties by county courts; noncriminal 303 infractions; Additional Court Cost Clearing Trust 304 Fund; and criminal justice trust funds, source of 305 funds, and use of funds, respectively, to incorporate 306 the amendment made to s. 938.15, F.S., in references 307 thereto; reenacting ss. 893.165(1), (2), and (3)(a) 308 and 921.187(1)(l), F.S., relating to county alcohol 309 and other drug abuse treatment or education trust 310 funds and disposition and sentencing, alternatives, 311 and restitution, respectively, to incorporate the 312 amendment made to s. 938.23, F.S., in references 313 thereto; reenacting ss. 27.562, 27.702(3)(b), 314 28.246(6), 39.0134(1) and (2)(b), 55.03(3), 938.30(9), 315 and 947.18, F.S., relating to disposition of funds; 316 duties of the capital collateral regional counsel and 317 reports; payment of court-related fines or other 318 monetary penalties, fees, charges, and costs, partial 319

Florida Senate - 2021 SB 1926 6-01030A-21 20211926__ Page 12 of 106 CODING: Words stricken are deletions; words underlined are additions. payments, and distribution of funds; appointed counsel 320 and compensation; judgments and rate of interest, 321 generally; financial obligations in criminal cases and 322 supplementary proceedings; and conditions of parole, 323 respectively, to incorporate the amendment made to s. 324 938.29, F.S., in references thereto; reenacting s. 325 938.17(1), (2), and (4), F.S., relating to county 326 delinquency prevention and juvenile assessment centers 327 and school board suspension programs, to incorporate 328 the amendment made to s. 939.185, F.S., in references 329 thereto; reenacting ss. 944.4731(2)(

b) and (7)(b), 330 947.1405(2), 948.01(6), 948.013(1), 948.06(5), and 331 948.11(5), F.S., relating to Addiction-Recovery 332 Supervision Program; conditional release program; when 333 court may place defendant on probation or into 334 community control; administrative probation; violation 335 of probation or community control, revocation, 336 modification, continuance, and failure to pay 337 restitution or cost of supervision; and electronic 338 monitoring devices, respectively, to incorporate the 339 amendment made to s. 948.09, F.S., in references 340 thereto; reenacting ss. 39.304(5), 624.128, and 341 960.13(6)(c), F.S., relating to photographs, medical 342 examinations, X rays, and medical treatment of abused, 343 abandoned, or neglected child; crime victims 344 exemption; and awards, respectively, to incorporate 345 the amendment made to s. 960.28, F.S., in references 346 thereto; reenacting ss. 984.09(4)(b), 984.226(2), 347 985.037(4)(b), and 985.511, F.S., relating to 348

Florida Senate - 2021 SB 1926 6-01030A-21 20211926__ Page 13 of 106 CODING: Words stricken are deletions; words underlined are additions. punishment for contempt of court and alternative 349 sanctions; physically secure setting; punishment for 350 contempt of court and alternative sanctions; and costs 351 of representation, respectively, to incorporate the 352 amendment made to s. 985.033, F.S., in references 353 thereto; reenacting ss. 943.051(3)(

b) and 354 985.11(1)(b), F.S., relating to criminal justice 355 information, collection and storage, and 356 fingerprinting and fingerprinting and photographing, 357 respectively, to incorporate the amendment made to s. 358 985.12, F.S., in references thereto; reenacting s. 359 943.0582(2)(a), F.S., relating to diversion program 360 expunction, to incorporate the amendments made to ss. 361 985.12 and 985.155, F.S., in references thereto; 362 reenacting ss. 790.115(4) and 985.64(2), F.S., 363 relating to possessing or discharging weapons or 364 firearms at a school-sponsored event or on school 365 property prohibited, penalties, and exceptions and 366 rulemaking, respectively, to incorporate the amendment 367 made to s. 985.18, F.S., in references thereto; 368 providing an effective date. 369 370 Be It Enacted by the Legislature of the State of Florida: 371 372

Section 1. This act may be cited as the “Debt Free Justice 373 for Children Act.” 374

Section 2. Subsections (1) and (6) of

section 27.52, 375 Florida Statutes, are amended, and paragraphs (a), (c), (d), and 376 (

i) of subsection (5) are reenacted, to read: 377

Florida Senate - 2021 SB 1926 6-01030A-21 20211926__ Page 14 of 106 CODING: Words stricken are deletions; words underlined are additions. 27.52 Determination of indigent status.— 378

(1) APPLICATION TO THE CLERK.—A person, other than a child 379 as defined in s. 985.03, including a child who is found to be 380 dependent as defined in s. 39.01, or the child’s parents or 381 legal guardian, or a young adult eligible for continuing care 382 pursuant to s. 39.6251, seeking appointment of a public defender 383 under s. 27.51 based upon an inability to pay must apply to the 384 clerk of the court for a determination of indigent status using 385 an application form developed by the Florida Clerks of Court 386 Operations Corporation with final approval by the Supreme Court. 387 (

a) The application must include, at a minimum, the 388 following financial information: 389 1. Net income, consisting of total salary and wages, minus 390 deductions required by law, including court-ordered support 391 payments. 392 2. Other income, including, but not limited to, social 393 security benefits, union funds, veterans’ benefits, workers’ 394 compensation, other regular support from absent family members, 395 public or private employee pensions, reemployment assistance or 396 unemployment compensation, dividends, interest, rent, trusts, 397 and gifts. 398 3.

Assets, including, but not limited to, cash, savings 399 accounts, bank accounts, stocks, bonds, certificates of deposit, 400 equity in real estate, and equity in a boat or a motor vehicle 401 or in other tangible property. 402 4. All liabilities and debts. 403 5. If applicable, the amount of any bail paid for the 404 applicant’s release from incarceration and the source of the 405 funds. 406

Florida Senate - 2021 SB 1926 6-01030A-21 20211926__ Page 15 of 106 CODING: Words stricken are deletions; words underlined are additions. 407 The application must include a signature by the applicant which 408 attests to the truthfulness of the information provided. The 409 application form developed by the corporation must include 410 notice that the applicant may seek court review of a clerk’s 411 determination that the applicant is not indigent, as provided in 412 this section. 413 (

b) An applicant shall pay a $50 application fee to the 414 clerk for each application for court-appointed counsel filed, 415 unless the applicant is a child as defined in s. 985.03, 416 including a child who is found to be dependent as defined in s. 417 39.01, or the child’s parents or legal guardian, or a young 418 adult eligible for continuing care pursuant to s. 39.6251, in 419 which case the application fee is waived and such applicants are 420 automatically granted indigent status. The applicant shall pay 421 the fee within 7 days after submitting the application.

If the 422 applicant does not pay the fee before prior to the disposition 423 of the case, the clerk shall notify the court, and the court 424 shall: 425 1. Assess the application fee as part of the sentence or as 426 a condition of probation; or 427 2. Assess the application fee pursuant to s. 938.29. 428 (

c) Notwithstanding any provision of law, court rule, or 429 administrative order, the clerk shall assign the first $50 of 430 any fees or costs paid by an indigent person as payment of the 431 application fee. A person found to be indigent may not be 432 refused counsel or other required due process services for 433 failure to pay the fee. 434 (

d) All application fees collected by the clerk under this 435

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section shall be transferred monthly by the clerk to the 436 Department of Revenue for deposit in the Indigent Criminal 437 Defense Trust Fund administered by the Justice Administrative 438 Commission, to be used as appropriated by the Legislature.

The 439 clerk may retain 2 percent of application fees collected monthly 440 for administrative costs from which the clerk shall remit $0.20 441 from each application fee to the Department of Revenue for 442 deposit into the General Revenue Fund before prior to remitting 443 the remainder to the Department of Revenue for deposit in the 444 Indigent Criminal Defense Trust Fund. 445 (e)1.

The clerk shall assist a person who appears before 446 the clerk and requests assistance in completing the application, 447 and the clerk shall notify the court if a person is unable to 448 complete the application after the clerk has provided 449 assistance. 450 2. If the person seeking appointment of a public defender 451 is incarcerated, the public defender is responsible for 452 providing the application to the person and assisting him or her 453 in its completion and is responsible for submitting the 454 application to the clerk on the person’s behalf.

The public 455 defender may enter into an agreement for jail employees, 456 pretrial services employees, or employees of other criminal 457 justice agencies to assist the public defender in performing 458 functions assigned to the public defender under this 459 subparagraph. 460

(5) INDIGENT FOR COSTS.—A person who is eligible to be 461 represented by a public defender under s. 27.51 but who is 462 represented by private counsel not appointed by the court for a 463 reasonable fee as approved by the court or on a pro bono basis, 464

Florida Senate - 2021 SB 1926 6-01030A-21 20211926__ Page 17 of 106 CODING: Words stricken are deletions; words underlined are additions. or who is proceeding pro se, may move the court for a 465 determination that he or she is indigent for costs and eligible 466 for the provision of due process services, as prescribed by ss. 467 29.006 and 29.007, funded by the state. 468 (

a) The person must file a written motion with the court 469 and submit to the court: 470 1. The completed application prescribed in subsection (1). 471 2. In the case of a person represented by counsel, an 472 affidavit attesting to the estimated amount of attorney’s fees 473 and the source of payment for these fees. 474 (

c) If the person did not apply for a determination of 475 indigent status under subsection (1) in the same case and is not 476 already liable for the application fee required under that 477 subsection, he or she becomes liable for payment of the fee upon 478 filing the motion with the court. 479 (

d) In reviewing the motion, the court shall consider: 480 1. Whether the applicant applied for a determination of 481 indigent status under subsection (1) and the outcome of such 482 application. 483 2. The extent to which the person’s income equals or 484 exceeds the income criteria prescribed in subsection (2). 485 3. The additional factors prescribed in subsection (4). 486 4. Whether the applicant is proceeding pro se. 487 5. When the applicant retained private counsel. 488 6. The amount of any attorney’s fees and who is paying the 489 fees.

There is a presumption that the applicant is not indigent 490 for costs if the amount of attorney’s fees exceeds $5,000 for a 491 noncapital case or $25,000 for a capital case in which the state 492 is seeking the death penalty. To overcome this presumption, the 493

Florida Senate - 2021 SB 1926 6-01030A-21 20211926__ Page 18 of 106 CODING: Words stricken are deletions; words underlined are additions. applicant has the burden to show through clear and convincing 494 evidence that the fees are reasonable based on the nature and 495 complexity of the case. In determining the reasonableness of the 496 fees, the court shall consider the amount that a private court-497 appointed attorney paid by the state would receive for providing 498 representation for that type of case. 499 (

i) A defendant who is found guilty of a criminal act by a 500 court or jury or enters a plea of guilty or nolo contendere and 501 who received due process services after being found indigent for 502 costs under this subsection is liable for payment of due process 503 costs expended by the state. 504 1. The attorney representing the defendant, or the 505 defendant if he or she is proceeding pro se, shall provide an 506 accounting to the court delineating all costs paid or to be paid 507 by the state within 90 days after disposition of the case 508 notwithstanding any appeals. 509 2.

The court shall issue an order determining the amount of 510 all costs paid by the state and any costs for which prepayment 511 was waived under this

section or s. 57.081. The clerk shall 512 cause a certified copy of the order to be recorded in the 513 official records of the county, at no cost. The recording 514 constitutes a lien against the person in favor of the state in 515 the county in which the order is recorded. The lien may be 516 enforced in the same manner prescribed in s. 938.29. 517 3. If the attorney or the pro se defendant fails to provide 518 a complete accounting of costs expended by the state and 519 consequently costs are omitted from the lien, the attorney or 520 pro se defendant may not receive reimbursement or any other form 521 of direct or indirect payment for those costs if the state has 522

Florida Senate - 2021 SB 1926 6-01030A-21 20211926__ Page 19 of 106 CODING: Words stricken are deletions; words underlined are additions. not paid the costs. The attorney or pro se defendant shall repay 523 the state for those costs if the state has already paid the 524 costs. The clerk of the court may establish a payment plan under 525 s. 28.246 and may charge the attorney or pro se defendant a one-526 time administrative processing charge under s. 28.24(26)(c). 527

(6) DUTIES OF PARENT OR LEGAL GUARDIAN.—A nonindigent 528 parent or legal guardian of an applicant who is a minor or an 529 adult tax-dependent person shall furnish the minor or adult tax-530 dependent person with the necessary legal services and costs 531 incident to a delinquency proceeding or, upon transfer of such 532 person for criminal prosecution as an adult pursuant to

chapter 533 985, a criminal prosecution in which the person has a right to 534 legal counsel under the Constitution of the United States or the 535 Constitution of the State of Florida. The failure of a parent or 536 legal guardian to furnish legal services and costs under this 537

section does not bar the appointment of legal counsel pursuant 538 to this section, s. 27.40, or s. 27.5303. When the public 539 defender, the office of criminal conflict and civil regional 540 counsel, a private court-appointed conflict counsel, or a 541 private attorney is appointed to represent a minor or an adult 542 tax-dependent person in any proceeding in circuit court or in a 543 criminal proceeding in any other court, the parents or the legal 544 guardian shall be liable for payment of the fees, charges, and 545 costs of the representation even if the person is a minor being 546 tried as an adult.

Liability for the fees, charges, and costs of 547 the representation shall be imposed in the form of a lien 548 against the property of the nonindigent parents or legal 549 guardian of the minor or adult tax-dependent person. The lien is 550 enforceable as provided in s. 27.561 or s. 938.29. 551

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Section 3. Paragraph (

a) of subsection (1) of

section 552 318.15, Florida Statutes, is amended, and subsection (4) is 553 added to that section, to read: 554 318.15 Failure to comply with civil penalty or to appear; 555 penalty.— 556 (1)(

a) If a person, other than a child as defined in s. 557 985.03, including a child who is found to be dependent as 558 defined in s. 39.01, or a young adult eligible for continuing 559 care pursuant to s. 39.6251, fails to comply with the civil 560 penalties provided in s. 318.18 within the time period specified 561 in s. 318.14(4), fails to enter into or comply with the terms of 562 a penalty payment plan with the clerk of the court in accordance 563 with ss. 318.14 and 28.246, fails to attend driver improvement 564 school, or fails to appear at a scheduled hearing, the clerk of 565 the court shall notify the Department of Highway Safety and 566 Motor Vehicles of such failure within 10 days after such 567 failure.

Upon receipt of such notice, the department shall 568 immediately issue an order suspending the driver license and 569 privilege to drive of such person effective 20 days after the 570 date the order of suspension is mailed in accordance with s. 571 322.251(1), (2), and (6). Any such suspension of the driving 572 privilege which has not been reinstated, including a similar 573 suspension imposed outside Florida, shall remain on the records 574 of the department for a period of 7 years from the date imposed 575 and shall be removed from the records after the expiration of 7 576 years from the date it is imposed.

The department may not accept 577 the resubmission of such suspension. 578

(4) A child as defined in s. 985.03, including a child who 579 is found to be dependent as defined in s. 39.01, or a young 580

Florida Senate - 2021 SB 1926 6-01030A-21 20211926__ Page 21 of 106 CODING: Words stricken are deletions; words underlined are additions. adult eligible for continuing care pursuant to s. 39.6251 may 581 not be charged any fees under this section, and any such child 582 or young adult who has had his or her driver license suspended 583 solely for nonpayment of any fee under this

section shall have 584 his or her driver license immediately and automatically 585 reinstated by the department. 586

Section 4. Subsection (1) of

section 322.245, Florida 587 Statutes, is amended, and subsection (6) is added to that 588 section, to read: 589 322.245 Suspension of license upon failure of person 590 charged with specified offense under

chapter 316,

chapter 320, 591 or this

chapter to comply with directives ordered by traffic 592 court or upon failure to pay child support in non-IV-D cases as 593 provided in

chapter 61 or failure to pay any financial 594 obligation in any other criminal case.— 595

(1) If a person, other than a child as defined in s. 596 985.03, including a child who is found to be dependent as 597 defined in s. 39.01, or a young adult eligible for continuing 598 care pursuant to s. 39.6251, charged with a violation of any of 599 the criminal offenses enumerated in s. 318.17 or with the 600 commission of any offense constituting a misdemeanor under 601

chapter 320 or this

chapter fails to comply with all of the 602 directives of the court within the time allotted by the court, 603 the clerk of the traffic court shall mail to the person, at the 604 address specified on the uniform traffic citation, a notice of 605 such failure, notifying him or her that, if he or she does not 606 comply with the directives of the court within 30 days after the 607 date of the notice and pay a delinquency fee of up to $25 to the 608 clerk, from which the clerk shall remit $10 to the Department of 609

Florida Senate - 2021 SB 1926 6-01030A-21 20211926__ Page 22 of 106 CODING: Words stricken are deletions; words underlined are additions. Revenue for deposit into the General Revenue Fund, his or her 610 driver license will be suspended. The notice shall be mailed no 611 later than 5 days after such failure. The delinquency fee may be 612 retained by the office of the clerk to defray the operating 613 costs of the office. 614

(6) A child as defined in s. 985.03, including a child who 615 is found to be dependent as defined in s. 39.01, or a young 616 adult eligible for continuing care pursuant to s. 39.6251 may 617 not be charged any fees under this section, and any such child 618 or young adult who has had his or her driver license suspended 619 solely for nonpayment of any fee under this

section shall have 620 his or her driver license immediately and automatically 621 reinstated by the department. 622

Section 5. Subsections (1) and (2) of

section 775.083, 623 Florida Statutes, are amended to read: 624 775.083 Fines.— 625

(1) A person, other than a child as defined in s. 985.03, 626 including a child who is found to be dependent as defined in s. 627 39.01, or a young adult eligible for continuing care pursuant to 628 s. 39.6251, who has been convicted of an offense other than a 629 capital felony may be sentenced to pay a fine in addition to any 630 punishment described in s. 775.082; when specifically authorized 631 by statute, he or she may be sentenced to pay a fine in lieu of 632 any punishment described in s. 775.082. A person who has been 633 convicted of a noncriminal violation may be sentenced to pay a 634 fine.

Fines for designated crimes and for noncriminal violations 635 may shall not exceed: 636 (a) $15,000, when the conviction is of a life felony. 637 (b) $10,000, when the conviction is of a felony of the 638

Florida Senate - 2021 SB 1926 6-01030A-21 20211926__ Page 23 of 106 CODING: Words stricken are deletions; words underlined are additions. first or second degree. 639 (c) $5,000, when the conviction is of a felony of the third 640 degree. 641 (d) $1,000, when the conviction is of a misdemeanor of the 642 first degree. 643 (e) $500, when the conviction is of a misdemeanor of the 644 second degree or a noncriminal violation. 645 (

f) Any higher amount equal to double the pecuniary gain 646 derived from the offense by the offender or double the pecuniary 647 loss suffered by the victim. 648 (

g) Any higher amount specifically authorized by statute. 649 650 Fines imposed in this subsection shall be deposited by the clerk 651 of the court in the fine and forfeiture fund established 652 pursuant to s. 142.01. If a defendant is unable to pay a fine, 653 the court may defer payment of the fine to a date certain. As 654 used in this subsection, the term “convicted” or “conviction” 655 means a determination of guilt which is the result of a trial or 656 the entry of a plea of guilty or nolo contendere, regardless of 657 whether adjudication is withheld. 658

(2) In addition to the fines set forth in subsection (1), 659 court costs shall be assessed and collected in each instance a 660 defendant, other than a child as defined in s. 985.03, including 661 a child who is found to be dependent as defined in s. 39.01, or 662 a young adult eligible for continuing care pursuant to s. 663 39.6251, pleads nolo contendere to, or is convicted of, or 664 adjudicated delinquent for, a felony, a misdemeanor, or a 665 criminal traffic offense under state law, or a violation of any 666 municipal or county ordinance if the violation constitutes a 667

Florida Senate - 2021 SB 1926 6-01030A-21 20211926__ Page 24 of 106 CODING: Words stricken are deletions; words underlined are additions. misdemeanor under state law. The court costs imposed by this 668

section shall be $50 for a felony and $20 for any other offense 669 and shall be deposited by the clerk of the court into an 670 appropriate county account for disbursement for the purposes 671 provided in this subsection. A county shall account for the 672 funds separately from other county funds as crime prevention 673 funds. The county, in consultation with the sheriff, must expend 674 such funds for crime prevention programs in the county, 675 including safe neighborhood programs under ss. 163.501-163.523. 676

Section 6. Subsection (1) of

section 938.01, Florida 677 Statutes, is amended to read: 678 938.01 Additional Court Cost Clearing Trust Fund.— 679

(1) All courts created by Art. V of the State Constitution 680 shall, in addition to any fine or other penalty, require every 681 person, other than a child as defined in s. 985.03, including a 682 child who is found to be dependent as defined in s. 39.01, or a 683 young adult eligible for continuing care pursuant to s. 39.6251, 684 convicted for violation of a state penal or criminal statute or 685 convicted for violation of a municipal or county ordinance to 686 pay $3 as a court cost.

Any person, other than a child as 687 defined in s. 985.03, including a child who is found to be 688 dependent as defined in s. 39.01, or a young adult eligible for 689 continuing care pursuant to s. 39.6251, whose adjudication is 690 withheld pursuant to the provisions of s. 318.14(9) or (10) 691 shall also be liable for payment of such cost. In addition, $3 692 from every bond estreature or forfeited bail bond related to 693 such penal statutes or penal ordinances shall be remitted to the 694 Department of Revenue as described in this subsection.

However, 695 no such assessment may be made against any person convicted for 696

Florida Senate - 2021 SB 1926 6-01030A-21 20211926__ Page 25 of 106 CODING: Words stricken are deletions; words underlined are additions. violation of any state statute, municipal ordinance, or county 697 ordinance relating to the parking of vehicles. 698 (

a) All costs collected by the courts pursuant to this 699 subsection shall be remitted to the Department of Revenue in 700 accordance with administrative rules adopted by the executive 701 director of the Department of Revenue for deposit in the 702 Additional Court Cost Clearing Trust Fund. These funds and the 703 funds deposited in the Additional Court Cost Clearing Trust Fund 704 pursuant to s. 318.21(2)(

c) shall be distributed as follows: 705 1. Ninety-two percent to the Department of Law Enforcement 706 Criminal Justice Standards and Training Trust Fund. 707 2. Six and three-tenths percent to the Department of Law 708 Enforcement Operating Trust Fund for the Criminal Justice Grant 709 Program. 710 3. One and seven-tenths percent to the Department of 711 Children and Families Domestic Violence Trust Fund for the 712 domestic violence program pursuant to s. 39.903(1). 713 (

b) All funds in the Department of Law Enforcement Criminal 714 Justice Standards and Training Trust Fund shall be disbursed 715 only in compliance with s. 943.25(8). 716

Section 7. Subsection (1) of

section 938.03, Florida 717 Statutes, is amended to read: 718 938.03 Crimes Compensation Trust Fund.— 719

(1) Any person, other than a child as defined in s. 985.03, 720 including a child who is found to be dependent as defined in s. 721 39.01, or a young adult eligible for continuing care pursuant to 722 s. 39.6251, pleading guilty or nolo contendere to, or being 723 convicted of or adjudicated delinquent for, any felony, 724 misdemeanor, delinquent act, or criminal traffic offense under 725

Florida Senate - 2021 SB 1926 6-01030A-21 20211926__ Page 26 of 106 CODING: Words stricken are deletions; words underlined are additions. the laws of this state or the violation of any municipal or 726 county ordinance which adopts by reference any misdemeanor under 727 state law, shall pay as an additional cost in the case, in 728 addition and before prior to any other cost required to be 729 imposed by law, the sum of $50.

Any person, other than a child 730 as defined in s. 985.03, including a child who is found to be 731 dependent as defined in s. 39.01, or a young adult eligible for 732 continuing care pursuant to s. 39.6251, whose adjudication is 733 withheld shall also be assessed such cost. 734

Section 8. Subsection (1) of

section 938.05, Florida 735 Statutes, is amended to read: 736 938.05 Additional court costs for felonies, misdemeanors, 737 and criminal traffic offenses.— 738

(1) Any person, other than a child as defined in s. 985.03, 739 including a child who is found to be dependent as defined in s. 740 39.01, or a young adult eligible for continuing care pursuant to 741 s. 39.6251, pleading nolo contendere to a misdemeanor or 742 criminal traffic offense under s. 318.14(10)(

a) or pleading 743 guilty or nolo contendere to, or being found guilty of, any 744 felony, misdemeanor, or criminal traffic offense under the laws 745 of this state or the violation of any municipal or county 746 ordinance which adopts by reference any misdemeanor under state 747 law, shall pay as a cost in the case, in addition to any other 748 cost required to be imposed by law, a sum in accordance with the 749 following schedule: 750 (

a) Felonies: $225, from which the clerk shall remit $25 to 751 the Department of Revenue for deposit into the General Revenue 752 Fund. 753 (

b) Misdemeanors: $60, from which the clerk shall remit $10 754

Florida Senate - 2021 SB 1926 6-01030A-21 20211926__ Page 27 of 106 CODING: Words stricken are deletions; words underlined are additions. to the Department of Revenue for deposit into the General 755 Revenue Fund. 756 (

c) Criminal traffic offenses: $60, from which the clerk 757 shall remit $10 to the Department of Revenue for deposit into 758 the General Revenue Fund. 759

Section

Section 938.055, Florida Statutes, is amended to 760 read: 761 938.055 Operating Trust Fund of the Department of Law 762 Enforcement.—Notwithstanding any other law, the court may assess 763 a defendant, other than a child as defined in s. 985.03, 764 including a child who is found to be dependent as defined in s. 765 39.01, or a young adult eligible for continuing care pursuant to 766 s. 39.6251, who pleads guilty or nolo contendere to, or is 767 convicted of, a violation of any provision of chapters 775-896, 768 without regard to whether adjudication was withheld, in addition 769 to any fine and other penalty provided or authorized by law, an 770 amount of $100, to be paid to the clerk of the court, who shall 771 forward it to the Department of Revenue for deposit in the 772 Operating Trust Fund of the Department of Law Enforcement to be 773 used by the statewide criminal analysis laboratory system for 774 the purposes specified in s. 943.361.

This amount shall be 775 assessed if the services of a local county-operated crime 776 laboratory enumerated in s. 943.35(1) are used in connection 777 with the investigation or prosecution of a violation of any 778 provision of chapters 775-896. 779

Section 10. Subsection (1) of

section 938.06, Florida 780 Statutes, is amended to read: 781 938.06 Cost for crime stoppers programs.— 782

(1) In addition to any fine prescribed by law, when a 783

Florida Senate - 2021 SB 1926 6-01030A-21 20211926__ Page 28 of 106 CODING: Words stricken are deletions; words underlined are additions. person, other than a child as defined in s. 985.03, including a 784 child who is found to be dependent as defined in s. 39.01, or a 785 young adult eligible for continuing care pursuant to s. 39.6251, 786 is convicted of any criminal offense, the county or circuit 787 court shall assess a court cost of $20. 788

Section

Section 938.08, Florida Statutes, is amended to 789 read: 790 938.08 Additional cost to fund programs in domestic 791 violence.—In addition to any sanction imposed upon a person, 792 other than a child as defined in s. 985.03, including a child 793 who is found to be dependent as defined in s. 39.01, or a young 794 adult eligible for continuing care pursuant to s. 39.6251, for a 795 violation of s. 784.011, s. 784.021, s. 784.03, s. 784.041, s. 796 784.045, s. 784.048, s. 784.07, s. 784.08, s. 784.081, s. 797 784.082, s. 784.083, s. 784.085, s. 794.011, or for any offense 798 of domestic violence described in s. 741.28, the court shall 799 impose a surcharge of $201.

Payment of the surcharge shall be a 800 condition of probation, community control, or any other court-801 ordered supervision. The sum of $85 of the surcharge shall be 802 deposited into the Domestic Violence Trust Fund established in 803 s. 741.01. The clerk of the court shall retain $1 of each 804 surcharge that the clerk of the court collects as a service 805 charge of the clerk’s office.

The remainder of the surcharge 806 shall be provided to the governing board of the county and must 807 be used only to defray the costs of incarcerating persons 808 sentenced under s. 741.283 and provide additional training to 809 law enforcement personnel in combating domestic violence. 810

Section

Section 938.085, Florida Statutes, is amended 811 to read: 812

Florida Senate - 2021 SB 1926 6-01030A-21 20211926__ Page 29 of 106 CODING: Words stricken are deletions; words underlined are additions. 938.085 Additional cost to fund rape crisis centers.—In 813 addition to any sanction imposed when a person, other than a 814 child as defined in s. 985.03, including a child who is found to 815 be dependent as defined in s. 39.01, or a young adult eligible 816 for continuing care pursuant to s. 39.6251, pleads guilty or 817 nolo contendere to, or is found guilty of, regardless of 818 adjudication, a violation of s. 775.21(6) and (10)(a), (b), and 819 (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 784.045; 820 s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 784.082; s. 821 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); 787.025; s. 822 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; former s. 823 796.03; former s. 796.035; s. 796.04; s. 796.05; s. 796.06; s. 824 796.07(2)(a)-(

d) and (i); s. 800.03; s. 800.04; s. 810.14; s. 825 810.145; s. 812.135; s. 817.025; s. 825.102; s. 825.1025; s. 826 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s. 847.0137; s. 827 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a), (13), and 828 (14)(c); or s. 985.701(1), the court shall impose a surcharge of 829 $151. Payment of the surcharge shall be a condition of 830 probation, community control, or any other court-ordered 831 supervision. The sum of $150 of the surcharge shall be deposited 832 into the Rape Crisis Program Trust Fund established within the 833 Department of Health by

chapter 2003-140, Laws of Florida. The 834 clerk of the court shall retain $1 of each surcharge that the 835 clerk of the court collects as a service charge of the clerk’s 836 office. 837

Section 13. Subsection (1) of

section 938.10, Florida 838 Statutes, is amended to read: 839 938.10 Additional court cost imposed in cases of certain 840 crimes.— 841

Florida Senate - 2021 SB 1926 6-01030A-21 20211926__ Page 30 of 106 CODING: Words stricken are deletions; words underlined are additions.

(1) If a person, other than a child as defined in s. 842 985.03, including a child who is found to be dependent as 843 defined in s. 39.01, or a young adult eligible for continuing 844 care pursuant to s. 39.6251, pleads guilty or nolo contendere 845 to, or is found guilty of, regardless of adjudication, any 846 offense against a minor in violation of s. 784.085,

chapter 787, 847

chapter 794, former s. 796.03, former s. 796.035, s. 800.04, 848

chapter 827, s. 847.012, s. 847.0133, s. 847.0135(5), s. 849 847.0138, s. 847.0145, s. 893.147(3), or s. 985.701, or any 850 offense in violation of s. 775.21, s. 823.07, s. 847.0125, s. 851 847.0134, or s. 943.0435, the court shall impose a court cost of 852 $151 against the offender in addition to any other cost or 853 penalty required by law. 854

Section 14. Paragraph (

a) of subsection (1) of

section 855 938.13, Florida Statutes, is amended to read: 856 938.13 Misdemeanor convictions involving drugs or alcohol.— 857 (1)(

a) When any person, other than a child as defined in s. 858 985.03, including a child who is found to be dependent as 859 defined in s. 39.01, or a young adult eligible for continuing 860 care pursuant to s. 39.6251, on or after October 1, 1988, is 861 found guilty of any misdemeanor under the laws of this state in 862 which the unlawful use of drugs or alcohol is involved, there 863 shall be imposed an additional cost in the case, in addition to 864 any other cost required to be imposed by law, in the sum of $15. 865 Under no condition shall a political subdivision be held liable 866 for the payment of such sum. 867

Section

Section 938.15, Florida Statutes, is amended to 868 read: 869 938.15 Criminal justice education for local government.—In 870

Florida Senate - 2021 SB 1926 6-01030A-21 20211926__ Page 31 of 106 CODING: Words stricken are deletions; words underlined are additions. addition to the costs provided for in s. 938.01, municipalities 871 and counties may assess upon a person, other than a child as 872 defined in s. 985.03, including a child who is found to be 873 dependent as defined in s. 39.01, or a young adult eligible for 874 continuing care pursuant to s. 39.6251, an additional $2 for 875 expenditures for criminal justice education degree programs and 876 training courses, including basic recruit training, for their 877 respective officers and employing agency support personnel, 878 provided such education degree programs and training courses are 879 approved by the employing agency administrator, on a form 880 provided by the Criminal Justice Standards and Training 881 Commission, for local funding. 882

(1) Workshops, meetings, conferences, and conventions 883 shall, on a form approved by the Criminal Justice Standards and 884 Training Commission for use by the employing agency, be 885 individually approved by the employing agency administrator 886 before prior to attendance. The form shall include, but not be 887 limited to, a demonstration by the employing agency of the 888 purpose of the workshop, meeting, conference, or convention; the 889 direct relationship of the training to the officer’s job; the 890 direct benefits the officer and agency will receive; and all 891 anticipated costs. 892

(2) The Criminal Justice Standards and Training Commission 893 may inspect and copy the documentation of independent audits 894 conducted of the municipalities and counties which make such 895 assessments to ensure that such assessments have been made and 896 that expenditures are in conformance with the requirements of 897 this subsection and with other applicable procedures. 898

Section 16. Subsections (1) and (2) of

section 938.19, 899

Florida Senate - 2021 SB 1926 6-01030A-21 20211926__ Page 32 of 106 CODING: Words stricken are deletions; words underlined are additions. Florida Statutes, are amended, and subsection (7) of that 900

section is reenacted, to read: 901 938.19 Teen courts.— 902

(1) Notwithstanding s. 318.121, in each county in which a 903 teen court has been created, the board of county commissioners 904 may adopt a mandatory court cost to be assessed upon persons, 905 other than a child as defined in s. 985.03, including a child 906 who is found to be dependent as defined in s. 39.01, or a young 907 adult eligible for continuing care pursuant to s. 39.6251, in 908 specific cases by incorporating by reference the provisions of 909 this

section in a county ordinance. Assessments collected by the 910 clerk of the circuit court under this

section shall be deposited 911 into an account specifically for the operation and 912 administration of the teen court. 913

(2) A sum of up to $3 shall be assessed as a court cost in 914 the circuit and county court in the county against each person, 915 other than a child as defined in s. 985.03, including a child 916 who is found to be dependent as defined in s. 39.01, or a young 917 adult eligible for continuing care pursuant to s. 39.6251, who 918 pleads guilty or nolo contendere to, or is convicted of, 919 regardless of adjudication, or adjudicated delinquent for a 920 violation of a criminal law, a delinquent act, or a municipal or 921 county ordinance, or who pays a fine or civil penalty for any 922 violation of

chapter 316. Any person, other than a child as 923 defined in s. 985.03, including a child who is found to be 924 dependent as defined in s. 39.01, or a young adult eligible for 925 continuing care pursuant to s. 39.6251, whose adjudication is 926 withheld under s. 318.14(9) or (10) shall also be assessed the 927 cost. 928

Florida Senate - 2021 SB 1926 6-01030A-21 20211926__ Page 33 of 106 CODING: Words stricken are deletions; words underlined are additions.

(7) A teen court administered in a county that adopts an 929 ordinance to assess court costs under this

section may not 930 receive court costs collected under s. 939.185(1)(a)4. 931

Section 17. Subsection (1) of

section 938.23, Florida 932 Statutes, is amended to read: 933 938.23 Assistance grants for alcohol and other drug abuse 934 programs.— 935

(1) In addition to any fine imposed by law for any criminal 936 offense upon a person, other than a child as defined in s. 937 985.03, including a child who is found to be dependent as 938 defined in s. 39.01, or a young adult eligible for continuing 939 care pursuant to s. 39.6251, under

chapter 893 or for any 940 criminal violation of s. 316.193, s. 856.011, s. 856.015, or 941

chapter 562,

chapter 567, or

chapter 568, the court is shall be 942 authorized, pursuant to the requirements of s. 938.21, to impose 943 an additional assessment in an amount up to the amount of the 944 fine authorized for the offense. Such additional assessments 945 shall be deposited for the purpose of providing assistance 946 grants to drug abuse treatment or alcohol treatment or education 947 programs as provided in s. 893.165. 948

Section 18. Subsections (1) and (3) of

section 938.27, 949 Florida Statutes, are amended to read: 950 938.27 Judgment for costs of prosecution and 951 investigation.— 952

(1) In all criminal and violation-of-probation or 953 community-control cases, convicted persons, other than a child 954 as defined in s. 985.03, including a child who is found to be 955 dependent as defined in s. 39.01, or the child’s parents or 956 legal guardian, or a young adult eligible for continuing care 957

Florida Senate - 2021 SB 1926 6-01030A-21 20211926__ Page 34 of 106 CODING: Words stricken are deletions; words underlined are additions. pursuant to s. 39.6251, are liable for payment of the costs of 958 prosecution, including investigative costs incurred by law 959 enforcement agencies, by fire departments for arson 960 investigations, and by investigations of the Department of 961 Financial Services or the Office of Financial Regulation of the 962 Financial Services Commission, if requested by such agencies. 963 The court shall include these costs in every judgment rendered 964 against the convicted person.

For purposes of this section, 965 “convicted” means a determination of guilt, or of violation of 966 probation or community control, which is a result of a plea, 967 trial, or violation proceeding, regardless of whether 968 adjudication is withheld. 969

(3) If a defendant, other than a child as defined in s. 970 985.03, including a child who is found to be dependent as 971 defined in s. 39.01, or a young adult eligible for continuing 972 care pursuant to s. 39.6251, is placed on probation or community 973 control, payment of any costs under this

section shall be a 974 condition of such probation or community control. The court may 975 revoke probation or community control if the defendant fails to 976 pay these costs. 977

Section

Section 938.29, Florida Statutes, is amended to 978 read: 979 938.29 Legal assistance; lien for payment of attorney 980 attorney’s fees or costs.— 981 (1)(

a) A defendant, other than a child as defined in s. 982 985.03, including a child who is found to be dependent as 983 defined in s. 39.01, or a young adult eligible for continuing 984 care pursuant to s. 39.6251, who is convicted of a criminal act 985 or a violation of probation or community control and who has 986

Florida Senate - 2021 SB 1926 6-01030A-21 20211926__ Page 35 of 106 CODING: Words stricken are deletions; words underlined are additions. received the assistance of the public defender’s office, a 987 special assistant public defender, the office of criminal 988 conflict and civil regional counsel, or a private conflict 989 attorney, or who has received due process services after being 990 found indigent for costs under s. 27.52, shall be liable for 991 payment of the assessed application fee under s. 27.52 and 992 attorney attorney’s fees and costs.

Attorney Attorney’s fees and 993 costs shall be set in all cases at no less than $50 per case 994 when a misdemeanor or criminal traffic offense is charged and no 995 less than $100 per case when a felony offense is charged, 996 including a proceeding in which the underlying offense is a 997 violation of probation or community control. The court may set a 998 higher amount upon a showing of sufficient proof of higher fees 999 or costs incurred.

For purposes of this section, “convicted” 1000 means a determination of guilt, or of violation of probation or 1001 community control, which is a result of a plea, trial, or 1002 violation proceeding, regardless of whether adjudication is 1003 withheld. The court shall include these fees and costs in every 1004 judgment rendered against the convicted person. 1005 (

b) Upon entering a judgment of conviction, the defendant 1006 shall be liable to pay the attorney attorney’s fees and costs in 1007 full after the judgment of conviction becomes final. The court 1008 shall impose the attorney attorney’s fees and costs 1009 notwithstanding the defendant’s present ability to pay. 1010 (

c) The defendant shall pay the application fee under s. 1011 27.52(1)(

b) and attorney attorney’s fees and costs in full or in 1012 installments, at the time or times specified. The court may 1013 order payment of the assessed application fee and attorney 1014 attorney’s fees and costs as a condition of probation, of 1015

Florida Senate - 2021 SB 1926 6-01030A-21 20211926__ Page 36 of 106 CODING: Words stricken are deletions; words underlined are additions. suspension of sentence, or of withholding the imposition of 1016 sentence. All funds collected under this

section shall be 1017 distributed as provided in s. 27.562. 1018 (2)(

a) There is created in the name of the state a lien, 1019 enforceable as hereinafter provided, upon all the property, both 1020 real and personal, of any person who: 1021 1. has received any assistance from any public defender of 1022 the state, from any special assistant public defender, from any 1023 office of criminal conflict and civil regional counsel, or from 1024 any private conflict attorney, or who has received due process 1025 services after being found indigent for costs; or 1026 2.

Is a parent of an accused minor or an accused adult tax-1027 dependent person who is being, or has been, represented by any 1028 public defender of the state, by any special assistant public 1029 defender, by any office of criminal conflict and civil regional 1030 counsel, or by a private conflict attorney, or who is receiving 1031 or has received due process services after being found indigent 1032 for costs. 1033 1034 Such lien constitutes a claim against the defendant-recipient or 1035 parent and his or her estate, enforceable according to law. 1036 (

b) A judgment showing the name and residence of the 1037 defendant-recipient or parent shall be recorded in the public 1038 record, without cost, by the clerk of the circuit court in the 1039 county where the defendant-recipient or parent resides and in 1040 each county in which such defendant-recipient or parent then 1041 owns or later acquires any property. Such judgments shall be 1042 enforced on behalf of the state by the clerk of the circuit 1043 court of the county in which assistance was rendered. The lien 1044

Florida Senate - 2021 SB 1926 6-01030A-21 20211926__ Page 37 of 106 CODING: Words stricken are deletions; words underlined are additions. against a parent shall remain in force notwithstanding the child 1045 becoming emancipated or the child reaching the age of majority. 1046

(3) The clerk of the circuit court within the county 1047 wherein the defendant-recipient was tried or received the 1048 services of a public defender, special assistant public 1049 defender, office of criminal conflict and civil regional 1050 counsel, or appointed private legal counsel, or received due 1051 process services after being found indigent for costs, shall 1052 enforce, satisfy, compromise, settle, subordinate, release, or 1053 otherwise dispose of any debt or lien imposed under this 1054 section.

A defendant-recipient or parent, liable to pay attorney 1055 attorney’s fees or costs and who is not in willful default in 1056 the payment thereof, may, at any time, petition the court which 1057 entered the order for deferral of the payment of attorney 1058 attorney’s fees or costs or of any unpaid portion thereof. 1059

(4) No lien thus created shall be foreclosed upon the 1060 homestead of such defendant-recipient or parent, nor shall any 1061 defendant-recipient or parent liable for payment of attorney 1062 attorney’s fees or costs be denied any of the protections 1063 afforded any other civil judgment debtor. 1064

(5) The court having jurisdiction of the defendant-1065 recipient shall, at such stage of the proceedings as the court 1066 may deem appropriate, determine the value of the services of the 1067 public defender, special assistant public defender, office of 1068 criminal conflict and civil regional counsel, or appointed 1069 private legal counsel and costs, at which time the defendant-1070 recipient or parent, after adequate notice thereof, shall have 1071 opportunity to be heard and offer objection to the 1072 determination, and to be represented by counsel, with due 1073

Florida Senate - 2021 SB 1926 6-01030A-21 20211926__ Page 38 of 106 CODING: Words stricken are deletions; words underlined are additions. opportunity to exercise and be accorded the procedures and 1074 rights provided in the laws and court rules pertaining to civil 1075 cases at law. 1076

(6) A defendant who is a child as defined in s. 985.03, 1077 including a child who is found to be dependent as defined in s. 1078 39.01, or the child’s parents or legal guardian, or a young 1079 adult eligible for continuing care pursuant to s. 39.6251 may 1080 not be required to reimburse the costs or pay the fees for the 1081 services of a public defender, of a special assistant public 1082 defender, of the office of criminal conflict and civil regional 1083 counsel, or of appointed private legal counsel or for received 1084 due process services, nor shall any such child, parent or legal 1085 guardian of such child, or young adult be required to pay the 1086 application fee pursuant to s. 27.52. 1087

Section 20. Paragraphs (

a) and (

b) of subsection (1) and 1088 subsection (2) of

section 939.185, Florida Statutes, are amended 1089 to read: 1090 939.185 Assessment of additional court costs and 1091 surcharges.— 1092 (1)(

a) The board of county commissioners may adopt by 1093 ordinance an additional court cost, not to exceed $65, to be 1094 imposed by the court when a person, other than a child as 1095 defined in s. 985.03, including a child who is found to be 1096 dependent as defined in s. 39.01, or a young adult eligible for 1097 continuing care pursuant to s. 39.6251, pleads guilty or nolo 1098 contendere to, or is found guilty of, or adjudicated delinquent 1099 for, any felony, misdemeanor, delinquent act, or criminal 1100 traffic offense under the laws of this state. Such additional 1101 assessment shall be accounted for separately by the county in 1102

Florida Senate - 2021 SB 1926 6-01030A-21 20211926__ Page 39 of 106 CODING: Words stricken are deletions; words underlined are additions. which the offense occurred and be used only in the county 1103 imposing this cost, to be allocated as follows: 1104 1. Twenty-five percent of the amount collected shall be 1105 allocated to fund innovations, as determined by the chief judge 1106 of the circuit, to supplement state funding for the elements of 1107 the state courts system identified in s. 29.004 and county 1108 funding for local requirements under s. 29.008(2)(a)2. 1109 2.

Twenty-five percent of the amount collected shall be 1110 allocated to assist counties in providing legal aid programs 1111 required under s. 29.008(3)(a). 1112 3. Twenty-five percent of the amount collected shall be 1113 allocated to fund personnel and legal materials for the public 1114 as part of a law library. 1115 4.

Twenty-five percent of the amount collected shall be 1116 used as determined by the board of county commissioners to 1117 support teen court programs, except as provided in s. 938.19(7), 1118 juvenile assessment centers, and other juvenile alternative 1119 programs. 1120 1121 Each county receiving funds under this

section shall report the 1122 amount of funds collected pursuant to this

section and an 1123 itemized list of expenditures for all authorized programs and 1124 activities. The report shall be submitted in a format developed 1125 by the Supreme Court to the Governor, the Chief Financial 1126 Officer, the President of the Senate, and the Speaker of the 1127 House of Representatives on a quarterly basis beginning with the 1128 quarter ending September 30, 2004. Quarterly reports shall be 1129 submitted no later than 30 days after the end of the quarter. 1130 Any unspent funds at the close of the county fiscal year 1131

Florida Senate - 2021 SB 1926 6-01030A-21 20211926__ Page 40 of 106 CODING: Words stricken are deletions; words underlined are additions. allocated under subparagraphs 2., 3., and 4., shall be 1132 transferred for use pursuant to subparagraph 1. 1133 (

b) In addition to the court costs imposed under paragraph 1134 (

a) and any other cost, fine, or penalty imposed by law, any 1135 unit of local government which is consolidated as provided by s. 1136 9, Art. VIII of the State Constitution of 1885, as preserved by 1137 s. 6(e), Art. VIII of the State Constitution of 1968, and which 1138 is granted the authority in the State Constitution to exercise 1139 all the powers of a municipal corporation, and any unit of local 1140 government operating under a home rule charter adopted pursuant 1141 to ss. 10, 11, and 24, Art. VIII of the State Constitution of 1142 1885, as preserved by s. 6(e), Art.

VIII of the State 1143 Constitution of 1968, which is granted the authority in the 1144 State Constitution to exercise all the powers conferred now or 1145 hereafter by general law upon municipalities, may impose by 1146 ordinance a surcharge in the amount of $85 to be imposed by the 1147 court when a person, other than a child as defined in s. 985.03, 1148 including a child who is found to be dependent as defined in s. 1149 39.01, or a young adult eligible for continuing care pursuant to 1150 s. 39.6251, pleads guilty or nolo contendere to, or is found 1151 guilty of, or adjudicated delinquent for, any felony, 1152 misdemeanor, delinquent act, or criminal traffic offense under 1153 the laws of this state.

Revenue from the surcharge shall be 1154 transferred to such unit of local government for the purpose of 1155 replacing fine revenue deposited into the clerk’s fine and 1156 forfeiture fund under s. 142.01. Proceeds from the imposition of 1157 the surcharge authorized in this paragraph may shall not be used 1158 for the purpose of securing payment of the principal and 1159 interest on bonds. 1160

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(2) The court shall order a person, other than a child as 1161 defined in s. 985.03, including a child who is found to be 1162 dependent as defined in s. 39.01, or a young adult eligible for 1163 continuing care pursuant to s. 39.6251, to pay the additional 1164 court cost. If the person is determined to be indigent, the 1165 clerk shall defer payment of this cost. 1166

Section 21. Subsection (1) of

section 943.0515, Florida 1167 Statutes, is amended to read: 1168 943.0515 Retention of criminal history records of minors.— 1169 (1)(

a) The Criminal Justice Information Program shall 1170 retain the criminal history record of a minor who is classified 1171 as a serious or habitual juvenile offender or committed to a 1172 juvenile correctional facility or juvenile prison under

chapter 1173 985 for 5 years after the date the offender reaches 21 years of 1174 age, at which time the record shall be expunged unless it meets 1175 the criteria of paragraph (2)(

a) or paragraph (2)(b). 1176 (b)1. If the minor is not classified as a serious or 1177 habitual juvenile offender or committed to a juvenile 1178 correctional facility or juvenile prison under

chapter 985, the 1179 program shall retain the minor’s criminal history record for 2 1180 years after the date the minor reaches 19 years of age, at which 1181 time the record shall be expunged unless it meets the criteria 1182 of paragraph (2)(

a) or paragraph (2)(b). 1183 2. A minor described in subparagraph 1. may apply to the 1184 department to have his or her criminal history record expunged 1185 before the minor reaches 21 years of age. To be eligible for 1186 expunction under this subparagraph, the minor must be 18 years 1187 of age or older and less than 21 years of age and have not been 1188 charged by the state attorney with or found to have committed 1189

Florida Senate - 2021 SB 1926 6-01030A-21 20211926__ Page 42 of 106 CODING: Words stricken are deletions; words underlined are additions. any criminal offense within the 5-year period before the 1190 application date. The only offenses eligible to be expunged 1191 under this subparagraph are those that the minor committed 1192 before the minor reached 18 years of age. A criminal history 1193 record expunged under this subparagraph requires the approval of 1194 the state attorney for each circuit in which an offense 1195 specified in the criminal history record occurred.

A minor 1196 seeking to expunge a criminal history record under this 1197 subparagraph shall apply to the department for expunction in the 1198 manner prescribed by rule. An application for expunction under 1199 this subparagraph shall include: 1200 a. A processing fee of $75 to the department for placement 1201 in the Department of Law Enforcement Operating Trust Fund, 1202 unless such fee is waived by the executive director. 1203 a.b. A full set of fingerprints of the applicant taken by a 1204 law enforcement agency for purposes of identity verification. 1205 b.c.

A sworn, written statement from the minor seeking 1206 relief that he or she is no longer under court supervision 1207 applicable to the disposition of the arrest or alleged criminal 1208 activity to which the application to expunge pertains and that 1209 he or she has not been charged with or found to have committed a 1210 criminal offense, in any jurisdiction of the state or within the 1211 United States, within the 5-year period before the application 1212 date.

A person who knowingly provides false information on the 1213 sworn statement required by this sub-subparagraph commits a 1214 misdemeanor of the first degree, punishable as provided in s. 1215 775.082 or s. 775.083. 1216 3. A minor who applies, but who is not approved for early 1217 expunction in accordance with subparagraph 2., shall have his or 1218

Florida Senate - 2021 SB 1926 6-01030A-21 20211926__ Page 43 of 106 CODING: Words stricken are deletions; words underlined are additions. her criminal history record expunged at age 21 if eligible under 1219 subparagraph 1. 1220

Section 22. Subsections (1) and (2) of

section 948.09, 1221 Florida Statutes, are amended, and subsection (7) is added to 1222 that section, to read: 1223 948.09 Payment for cost of supervision and other monetary 1224 obligations.— 1225 (1)(a)1. Any person, other than a child as defined in s. 1226 985.03, including a child who is found to be dependent as 1227 defined in s. 39.01, or a young adult eligible for continuing 1228 care pursuant to s. 39.6251, ordered by the court, the 1229 Department of Corrections, or the Florida Commission on Offender 1230 Review to be placed under supervision under this chapter, 1231

chapter 944,

chapter 945,

chapter 947, or

chapter 958, or in a 1232 pretrial intervention program, must, as a condition of any 1233 placement, pay the department a total sum of money equal to the 1234 total month or portion of a month of supervision times the 1235 court-ordered amount, but not to exceed the actual per diem cost 1236 of the supervision. The department shall adopt rules by which an 1237 offender who pays in full and in advance of regular termination 1238 of supervision may receive a reduction in the amount due.

The 1239 rules shall incorporate provisions by which the offender’s 1240 ability to pay is linked to an established written payment plan. 1241 Funds collected from felony offenders may be used to offset 1242 costs of the Department of Corrections associated with community 1243 supervision programs, subject to appropriation by the 1244 Legislature. 1245 2. In addition to any other contribution or surcharge 1246 imposed by this section, each felony offender assessed under 1247

Florida Senate - 2021 SB 1926 6-01030A-21 20211926__ Page 44 of 106 CODING: Words stricken are deletions; words underlined are additions. this paragraph shall pay a $2-per-month surcharge to the 1248 department. The surcharge shall be deemed to be paid only after 1249 the full amount of any monthly payment required by the 1250 established written payment plan has been collected by the 1251 department.

These funds shall be used by the department to pay 1252 for correctional probation officers’ training and equipment, 1253 including radios, and firearms training, firearms, and attendant 1254 equipment necessary to train and equip officers who choose to 1255 carry a concealed firearm while on duty. This subparagraph does 1256 not limit the department’s authority to determine who shall be 1257 authorized to carry a concealed firearm while on duty, or limit 1258 the right of a correctional probation officer to carry a 1259 personal firearm approved by the department. 1260 (

b) Any person, other than a child as defined in s. 985.03, 1261 including a child who is found to be dependent as defined in s. 1262 39.01, or a young adult eligible for continuing care pursuant to 1263 s. 39.6251, placed on misdemeanor probation by a county court 1264 must contribute not less than $40 per month, as decided by the 1265 sentencing court, to the court-approved public or private entity 1266 providing misdemeanor supervision. 1267

(2) Any person, other than a child as defined in s. 985.03, 1268 including a child who is found to be dependent as defined in s. 1269 39.01, or a young adult eligible for continuing care pursuant to 1270 s. 39.6251, being electronically monitored by the department as 1271 a result of being placed on supervision shall pay the department 1272 for electronic monitoring services at a rate that may not exceed 1273 the full cost of the monitoring service in addition to the cost 1274 of supervision as directed by the sentencing court. The funds 1275 collected under this subsection shall be deposited in the 1276

Florida Senate - 2021 SB 1926 6-01030A-21 20211926__ Page 45 of 106 CODING: Words stricken are deletions; words underlined are additions. General Revenue Fund. The department may exempt a person from 1277 paying all or any part of the costs of the electronic monitoring 1278 service if it finds that any of the factors listed in subsection 1279 (3) exist. 1280

(7) A child as defined in s. 985.03, including a child who 1281 is found to be dependent as defined in s. 39.01, or the child’s 1282 parents or legal guardian, or a young adult eligible for 1283 continuing care pursuant to s. 39.6251 may not be required to 1284 reimburse the costs or pay the fees for the supervision or 1285 monitoring services provided for under this section. 1286

Section 23. Subsection (5) of

section 960.28, Florida 1287 Statutes, is amended to read: 1288 960.28 Payment for victims’ initial forensic physical 1289 examinations.— 1290

(5) A defendant, other than a child as defined in s. 1291 985.03, including a child who is found to be dependent as 1292 defined in s. 39.01, or a young adult eligible for continuing 1293 care pursuant to s. 39.6251, or juvenile offender who pleads 1294 guilty or nolo contendere to, or is convicted of or adjudicated 1295 delinquent for, a violation of

chapter 794 or

chapter 800 shall 1296 be ordered by the court to make restitution to the Crimes 1297 Compensation Trust Fund in an amount equal to the compensation 1298 paid to the medical provider by the Crime Victims’ Services 1299 Office for the cost of the initial forensic physical 1300 examination. The order may be enforced by the department in the 1301 same manner as a judgment in a civil action. 1302

Section

Section 985.032, Florida Statutes, is amended 1303 to read: 1304 985.032 Legal representation for delinquency cases.— 1305

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(1) For cases arising under this chapter, the state 1306 attorney shall represent the state. 1307

(2) A juvenile who has been adjudicated delinquent or has 1308 adjudication of delinquency withheld may not shall be assessed 1309 costs of prosecution as provided in s. 938.27. 1310

(3) A juvenile who has been adjudicated delinquent or has 1311 adjudication of delinquency withheld may not be assessed the 1312 costs for any probation or diversion services. 1313

Section

Section 985.033, Florida Statutes, is amended 1314 to read: 1315 985.033 Right to counsel.— 1316

(1) A child is entitled to representation by legal counsel 1317 at all stages of any delinquency court proceedings under this 1318 chapter. If the child and the parents or other legal guardian do 1319 not are indigent and unable to employ counsel for the child, the 1320 court shall appoint counsel under s. 27.52. Determination of 1321 indigence and costs of representation shall be as provided by 1322 ss. 27.52 and 938.29.

Legal counsel representing a child who 1323 exercises the right to counsel shall be allowed to provide 1324 advice and counsel to the child at any time subsequent to the 1325 child’s arrest, including before prior to a detention hearing 1326 while in secure detention care. A child shall be represented by 1327 legal counsel at all stages of all court proceedings unless the 1328 right to counsel is freely, knowingly, and intelligently waived 1329 by the child. Representation may not be waived by the child or 1330 the child’s parents or legal guardian.

If the child appears 1331 without counsel, the court shall advise the child of his or her 1332 rights with respect to representation of court-appointed 1333 counsel. 1334

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(2) This

section does not apply to transfer proceedings 1335 under s. 985.441(4), unless the court sets a hearing to review 1336 the transfer. 1337

(3) If the parents or legal guardian of an indigent child 1338 are not indigent but refuse to employ counsel, the court shall 1339 appoint counsel pursuant to s. 27.52 to represent the child at 1340 the detention hearing and until counsel is provided. 1341

(4) If the court appoints counsel under s. 27.52 for a 1342 child as defined in s. 985.03, including a child who is found to 1343 be dependent as defined in s. 39.01, or a young adult eligible 1344 for continuing care pursuant to s. 39.6251, the child, the 1345 child’s parents or legal guardian, or the young adult may not be 1346 required to pay the fees, costs, or expenses of the appointed 1347 counsel or the application fee for an indigency determination 1348 under s. 27.52 Costs of representation are hereby imposed as 1349 provided by ss. 27.52 and 938.29.

Thereafter, the court shall 1350 not appoint counsel for an indigent child with nonindigent 1351 parents or legal guardian but shall order the parents or legal 1352 guardian to obtain private counsel. A parent or legal guardian 1353 of an indigent child who has been ordered to obtain private 1354 counsel for the child and who willfully fails to follow the 1355 court order shall be punished by the court in civil contempt 1356 proceedings. 1357

(4) An indigent child with nonindigent parents or legal 1358 guardian may have counsel appointed pursuant to s. 27.52 if the 1359 parents or legal guardian have willfully refused to obey the 1360 court order to obtain counsel for the child and have been 1361 punished by civil contempt and then still have willfully refused 1362 to obey the court order. Costs of representation are hereby 1363

Florida Senate - 2021 SB 1926 6-01030A-21 20211926__ Page 48 of 106 CODING: Words stricken are deletions; words underlined are additions. imposed as provided by ss. 27.52 and 938.29. 1364

(5) Notwithstanding any provision of this

section or any 1365 other law to the contrary, if a child is transferred for 1366 criminal prosecution pursuant to this chapter, a nonindigent or 1367 indigent-but-able-to-contribute parent or legal guardian of the 1368 child pursuant to s. 27.52 is liable for necessary legal fees 1369 and costs incident to the criminal prosecution of the child as 1370 an adult. 1371

Section

Section 985.038, Florida Statutes, is created 1372 to read: 1373 985.038 Fines and fees imposed on children and young adults 1374 unenforceable.— 1375

(1) On or after July 1, 2021, the balance of any court-1376 ordered costs imposed against a child as defined in s. 985.03, 1377 including a child who is found to be dependent as defined in s. 1378 39.01, or the child’s parents or legal guardian, or a young 1379 adult eligible for continuing care under s. 39.6251, pursuant to 1380 ss. 775.083, 938.01, 938.03, 938.05, 938.055, 938.08, 938.085, 1381 938.10, 938.13, 938.15, 938.23, 938.27, 943.0515, 985.032, 1382 985.039, 985.12, 985.155, 985.18, 985.331, and 985.514 shall be 1383 unenforceable and uncollectable, and, on January 1, 2022, the 1384 portion of the judgment imposing those costs shall be vacated. 1385

(2) On or after July 1, 2021, the balance of any court-1386 ordered costs imposed pursuant to ss. 27.52, 938.29, and 938.33 1387 which are related to the rendering of legal services to a child 1388 as defined in s. 985.03, including a child who is found to be 1389 dependent as defined in s. 39.01, or the child’s parents or 1390 legal guardian, or a young adult eligible for continuing care 1391 pursuant to s. 39.6251 by an attorney shall be unenforceable and 1392

Florida Senate - 2021 SB 1926 6-01030A-21 20211926__ Page 49 of 106 CODING: Words stricken are deletions; words underlined are additions. uncollectable, and, on January 1, 2022, the portion of the 1393 judgment imposing those costs shall be vacated. 1394

(3) On or after July 1, 2021, all unsatisfied civil 1395 judgments or portions of judgments based on unpaid costs, fees, 1396 reimbursements, or other financial obligations imposed pursuant 1397 to a provision repealed by this act on a child as defined in s. 1398 985.03, including a child who is found to be dependent as 1399 defined in s. 39.01, or the child’s parents or legal guardian, 1400 or a young adult eligible for continuing care pursuant to s. 1401 39.6251 are deemed to be null and void and for all legal 1402 purposes are vacated and discharged. Any procedures necessary to 1403 accomplish the purposes of this

section may not require any 1404 affirmative actions on the part of any child as defined in s. 1405 985.03, including a child who is found to be dependent as 1406 defined in s. 39.01, or the child’s parents or legal guardian, 1407 or a young adult subject to such judgment. Such procedures must 1408 be designed and implemented so as to accomplish the vacatur and 1409 discharge of all such civil judgments by January 1, 2022. 1410

(4) On or after July 1, 2021, all warrants issued solely 1411 based on the alleged failure of a child as defined in s. 985.03, 1412 including a child who is found to be dependent as defined in s. 1413 39.01, or the child’s parents or legal guardian, or a young 1414 adult eligible for continuing care pursuant to s. 39.6251 to pay 1415 or to appear on a court date set for the sole purpose of payment 1416 of costs, fees, reimbursements, or any other financial 1417 obligations imposed pursuant to a provision repealed by this act 1418 are deemed to be null and void. Any procedures necessary to 1419 accomplish the purposes of this

section may not require any 1420 affirmative actions on the part of a child as defined in s. 1421

Florida Senate - 2021 SB 1926 6-01030A-21 20211926__ Page 50 of 106 CODING: Words stricken are deletions; words underlined are additions. 985.03, including a child who is found to be dependent as 1422 defined in s. 39.01, or the child’s parents or legal guardian, 1423 or a young adult eligible for continuing care pursuant to s. 1424 39.6251, subject to such warrant. Such procedures shall be 1425 designed and implemented so as to accomplish the rescinding and 1426 expungement of all such warrants by January 1, 2022. 1427

(5) On or after July 1, 2021, a child as defined in s. 1428 985.03, including a child who is found to be dependent as 1429 defined in s. 39.01, or the child’s parents or legal guardian, 1430 or a young adult eligible for continuing care pursuant to s. 1431 39.6251 who has had his or her driver license suspended for 1432 nonpayment of court costs or fees pursuant to s. 318.15 or s. 1433 322.245 shall immediately and automatically have his or her 1434 driver license reinstated by the Department of Highway Safety 1435 and Motor Vehicles. 1436

Section

Section 985.039, Florida Statutes, is amended 1437 to read: 1438 (Substantial rewording of section. See 1439 s. 985.039, F.S., for present text.) 1440 985.039 Exempting children and parents or guardians from 1441 fees.—A child, or a parent or legal guardian of such child, may 1442 not be ordered to pay any fee under this chapter, including, but 1443 not limited to, probation supervision fees or court 1444 administration fees, including the cost of court-appointed 1445 attorneys or public defenders, the cost of prosecution, or other 1446 administrative costs of the court. 1447

Section 28. Paragraph (

b) of subsection (2) of

section 1448 985.12, Florida Statutes, is amended to read: 1449 985.12 Civil citation or similar prearrest diversion 1450

Florida Senate - 2021 SB 1926 6-01030A-21 20211926__ Page 51 of 106 CODING: Words stricken are deletions; words underlined are additions. programs.— 1451

(2) JUDICIAL CIRCUIT CIVIL CITATION OR SIMILAR PREARREST 1452 DIVERSION PROGRAM DEVELOPMENT, IMPLEMENTATION, AND OPERATION.— 1453 (

b) Each judicial circuit’s civil citation or similar 1454 prearrest diversion program must specify: 1455 1. The misdemeanor offenses that qualify a juvenile for 1456 participation in the program; 1457 2. The eligibility criteria for the program; 1458 3. The program’s implementation and operation; and 1459 4.

The program’s requirements, including, but not limited 1460 to, the completion of community service hours, payment of 1461 restitution, if applicable, and intervention services indicated 1462 by a needs assessment of the juvenile, approved by the 1463 department, such as family counseling, urinalysis monitoring, 1464 and substance abuse and mental health treatment services; and 1465 5. A program fee, if any, to be paid by a juvenile 1466 participating in the program. If the program imposes a fee, the 1467 clerk of the court of the applicable county must receive a 1468 reasonable portion of the fee. 1469

Section 29. Paragraph (

f) of subsection (5) and paragraph 1470 (

a) of subsection (6) of

section 985.155, Florida Statutes, are 1471 amended to read: 1472 985.155 Neighborhood restorative justice.— 1473

(5) SANCTIONS.—After holding a meeting pursuant to 1474 paragraph (4)(d), the board may impose any of the following 1475 sanctions alone or in any combination: 1476 (

f) Require the juvenile to surrender the juvenile’s driver 1477 license and forward a copy of the board’s resolution to the 1478 Department of Highway Safety and Motor Vehicles. The department, 1479

Florida Senate - 2021 SB 1926 6-01030A-21 20211926__ Page 52 of 106 CODING: Words stricken are deletions; words underlined are additions. upon receipt of the license, shall suspend the driving 1480 privileges of the juvenile, or the juvenile may be restricted to 1481 travel between the juvenile’s home, school, and place of 1482 employment during specified periods of time according to the 1483 juvenile’s school and employment schedule. 1484

(6) WRITTEN CONTRACT.— 1485 (

a) The board, on behalf of the community, and the 1486 juvenile, the juvenile’s parent or guardian, and the victim or 1487 representative of the victim, shall sign a written contract in 1488 which the parties agree to the board’s resolution of the matter 1489 and in which the juvenile’s parent or guardian agrees to ensure 1490 that the juvenile complies with the contract. The contract may 1491 provide that the parent or guardian shall post a bond payable to 1492 this state to secure the performance of any sanction imposed 1493 upon the juvenile pursuant to subsection (5). 1494

Section 30. Subsection (6) of

section 985.18, Florida 1495 Statutes, is amended to read: 1496 985.18 Medical, psychiatric, psychological, substance 1497 abuse, and educational examination and treatment.— 1498

(6) A physician must be immediately notified by the person 1499 taking the child into custody or the person having custody if 1500 there are indications of physical injury or illness, or the 1501 child shall be taken to the nearest available hospital for 1502 emergency care. A child may be provided mental health, substance 1503 abuse, or intellectual disability services in emergency 1504 situations pursuant to

chapter 393,

chapter 394, or

chapter 397, 1505 as applicable. Such costs must be paid for by an approved 1506 provider with sufficient state or federal funding or compensated 1507 by public or private medical insurance. The court may not After 1508

Florida Senate - 2021 SB 1926 6-01030A-21 20211926__ Page 53 of 106 CODING: Words stricken are deletions; words underlined are additions. a hearing, the court may order the custodial parent or parents, 1509 guardian, or other custodian, if found able to do so, to 1510 reimburse the county or state for the expense involved in such 1511 emergency treatment or care. 1512

Section

Section 985.331, Florida Statutes, is amended 1513 to read: 1514 985.331 Court and witness fees.—In any proceeding under 1515 this chapter, court fees may shall not be charged against, nor 1516 witness fees allowed to be charged against, any party to a 1517 delinquency petition or any parent or legal guardian or 1518 custodian or child named in a summons. Other witnesses shall be 1519 paid the witness fees fixed by law. 1520

Section

Section 985.514, Florida Statutes, is repealed. 1521

Section 33. Subsection (2) of

section 985.145, Florida 1522 Statutes, is amended to read: 1523 985.145 Responsibilities of the department during intake; 1524 screenings and assessments.— 1525

(2) Before Prior to requesting that a delinquency petition 1526 be filed or before prior to filing a dependency petition, the 1527 department may request the parent or legal guardian of the child 1528 to attend a course of instruction in parenting skills, training 1529 in conflict resolution, and the practice of nonviolence; to 1530 accept counseling; or to receive other assistance from any 1531 agency in the community which notifies the clerk of the court of 1532 the availability of its services.

Where appropriate, the 1533 department shall request both parents or guardians to receive 1534 such parental assistance. The department may, in determining 1535 whether to request that a delinquency petition be filed, take 1536 into consideration the willingness of the parent or legal 1537

Florida Senate - 2021 SB 1926 6-01030A-21 20211926__ Page 54 of 106 CODING: Words stricken are deletions; words underlined are additions. guardian to comply with such request. The parent or guardian 1538 must provide the department with identifying information, 1539 including the parent’s or guardian’s name, address, date of 1540 birth, social security number, and driver license number or 1541 identification card number in order to comply with s. 985.039. 1542

Section 34. For the purpose of incorporating the amendment 1543 made by this act to

section 27.52, Florida Statutes, in a 1544 reference thereto, subsection (2) of

section 27.02, Florida 1545 Statutes, is reenacted to read: 1546 27.02 Duties before court.— 1547

(2) The state attorney, when complying with the discovery 1548 obligation pursuant to the applicable rule of procedure, may 1549 charge the defendant fees as provided for in s. 119.07(4), not 1550 to exceed 15 cents per page for a copy of a noncertified copy of 1551 a public record. However, these fees may be deferred if the 1552 defendant has been determined to be indigent as provided in s. 1553 27.52. 1554

Section 35. For the purpose of incorporating the amendment 1555 made by this act to

section 27.52, Florida Statutes, in a 1556 reference thereto, subsection (1) of

section 27.51, Florida 1557 Statutes, is reenacted to read: 1558 27.51 Duties of public defender.— 1559

(1) The public defender shall represent, without additional 1560 compensation, any person determined to be indigent under s. 1561 27.52 and: 1562 (

a) Under arrest for, or charged with, a felony; 1563 (

b) Under arrest for, or charged with: 1564 1. A misdemeanor authorized for prosecution by the state 1565 attorney; 1566

Florida Senate - 2021 SB 1926 6-01030A-21 20211926__ Page 55 of 106 CODING: Words stricken are deletions; words underlined are additions. 2. A violation of

chapter 316 punishable by imprisonment; 1567 3. Criminal contempt; or 1568 4. A violation of a special law or county or municipal 1569 ordinance ancillary to a state charge, or if not ancillary to a 1570 state charge, only if the public defender contracts with the 1571 county or municipality to provide representation pursuant to ss. 1572 27.54 and 125.69. 1573 1574 The public defender shall not provide representation pursuant to 1575 this paragraph if the court, prior to trial, files in the cause 1576 an order of no imprisonment as provided in s. 27.512; 1577 (

c) Alleged to be a delinquent child pursuant to a petition 1578 filed before a circuit court; 1579 (

d) Sought by petition filed in such court to be 1580 involuntarily placed as a mentally ill person under

part I of 1581

chapter 394, involuntarily committed as a sexually violent 1582 predator under

part V of

chapter 394, or involuntarily admitted 1583 to residential services as a person with developmental 1584 disabilities under

chapter 393. A public defender shall not 1585 represent any plaintiff in a civil action brought under the 1586 Florida Rules of Civil Procedure, the Federal Rules of Civil 1587 Procedure, or the federal statutes, or represent a petitioner in 1588 a rule challenge under

chapter 120, unless specifically 1589 authorized by statute; 1590 (

e) Convicted and sentenced to death, for purposes of 1591 handling an appeal to the Supreme Court; or 1592 (

f) Is appealing a matter in a case arising under 1593 paragraphs (a)-(d). 1594

Section 36. For the purpose of incorporating the amendment 1595

Florida Senate - 2021 SB 1926 6-01030A-21 20211926__ Page 56 of 106 CODING: Words stricken are deletions; words underlined are additions. made by this act to

section 27.52, Florida Statutes, in a 1596 reference thereto, subsection (5) of

section 27.511, Florida 1597 Statutes, is reenacted to read: 1598 27.511 Offices of criminal conflict and civil regional 1599 counsel; legislative intent; qualifications; appointment; 1600 duties.— 1601

(5) When the Office of the Public Defender, at any time 1602 during the representation of two or more defendants, determines 1603 that the interests of those accused are so adverse or hostile 1604 that they cannot all be counseled by the public defender or his 1605 or her staff without a conflict of interest, or that none can be 1606 counseled by the public defender or his or her staff because of 1607 a conflict of interest, and the court grants the public 1608 defender’s motion to withdraw, the office of criminal conflict 1609 and civil regional counsel shall be appointed and shall provide 1610 legal services, without additional compensation, to any person 1611 determined to be indigent under s. 27.52, who is: 1612 (

a) Under arrest for, or charged with, a felony; 1613 (

b) Under arrest for, or charged with: 1614 1. A misdemeanor authorized for prosecution by the state 1615 attorney; 1616 2. A violation of

chapter 316 punishable by imprisonment; 1617 3. Criminal contempt; or 1618 4. A violation of a special law or county or municipal 1619 ordinance ancillary to a state charge or, if not ancillary to a 1620 state charge, only if the office of criminal conflict and civil 1621 regional counsel contracts with the county or municipality to 1622 provide representation pursuant to ss. 27.54 and 125.69. 1623 1624

Florida Senate - 2021 SB 1926 6-01030A-21 20211926__ Page 57 of 106 CODING: Words stricken are deletions; words underlined are additions. The office of criminal conflict and civil regional counsel may 1625 not provide representation pursuant to this paragraph if the 1626 court, prior to trial, files in the cause an order of no 1627 imprisonment as provided in s. 27.512; 1628 (

c) Alleged to be a delinquent child pursuant to a petition 1629 filed before a circuit court; 1630 (

d) Sought by petition filed in such court to be 1631 involuntarily placed as a mentally ill person under

part I of 1632

chapter 394, involuntarily committed as a sexually violent 1633 predator under

part V of

chapter 394, or involuntarily admitted 1634 to residential services as a person with developmental 1635 disabilities under

chapter 393; 1636 (

e) Convicted and sentenced to death, for purposes of 1637 handling an appeal to the Supreme Court; 1638 (

f) Appealing a matter in a case arising under paragraphs 1639 (a)-(d); or 1640 (

g) Seeking correction, reduction, or modification of a 1641 sentence under Rule 3.800, Florida Rules of Criminal Procedure, 1642 or seeking postconviction relief under Rule 3.850, Florida Rules 1643 of Criminal Procedure, if, in either case, the court determines 1644 that appointment of counsel is necessary to protect a person’s 1645 due process rights. 1646

Section 37. For the purpose of incorporating the amendment 1647 made by this act to

section 27.52, Florida Statutes, in a 1648 reference thereto,

section 27.525, Florida Statutes, is 1649 reenacted to read: 1650 27.525 Indigent Criminal Defense Trust Fund.—The Indigent 1651 Criminal Defense Trust Fund is created, to be administered by 1652 the Justice Administrative Commission. Funds shall be credited 1653

Florida Senate - 2021 SB 1926 6-01030A-21 20211926__ Page 58 of 106 CODING: Words stricken are deletions; words underlined are additions. to the trust fund as provided in s. 27.52, to be used for the 1654 purposes of indigent criminal defense as appropriated by the 1655 Legislature to the public defender or the office of criminal 1656 conflict and civil regional counsel. The Justice Administrative 1657 Commission shall account for these funds on a circuit basis, and 1658 appropriations from the fund shall be proportional to each 1659 circuit’s collections. 1660

Section 38. For the purpose of incorporating the amendment 1661 made by this act to

section 27.52, Florida Statutes, in a 1662 reference thereto, paragraph (

b) of subsection (3) of

section 1663 27.702, Florida Statutes, is reenacted to read: 1664 27.702 Duties of the capital collateral regional counsel; 1665 reports.— 1666 (3) 1667 (

b) The court having jurisdiction over any nonindigent or 1668 indigent-but-able-to-contribute defendant who has been receiving 1669 the services of the capital collateral regional counsel may 1670 assess attorney’s fees and costs against the defendant at any 1671 stage in the proceedings as the court may deem appropriate. The 1672 determination of indigence of any defendant shall be made 1673 pursuant to s. 27.52. Liability for the costs of such 1674 representation may be imposed in the form of a lien against the 1675 property of the nonindigent or indigent-but-able-to-contribute 1676 defendant, which lien shall be enforceable as provided in s. 1677 27.561 or s. 938.29. 1678

Section 39. For the purpose of incorporating the amendment 1679 made by this act to

section 27.52, Florida Statutes, in 1680 references thereto,

section 29.0185, Florida Statutes, is 1681 reenacted to read: 1682

Florida Senate - 2021 SB 1926 6-01030A-21 20211926__ Page 59 of 106 CODING: Words stricken are deletions; words underlined are additions. 29.0185 Provision of state-funded due process services to 1683 individuals.—Due process services may not be provided with state 1684 revenues to an individual unless the individual on whose behalf 1685 the due process services are being provided is eligible for 1686 court-appointed counsel under s. 27.40, based upon a 1687 determination of indigency under s. 27.52, regardless of whether 1688 such counsel is appointed or the individual on whose behalf the 1689 due process services are being provided is eligible for court-1690 appointed counsel under s. 27.40 and has been determined 1691 indigent for costs pursuant to s. 27.52. 1692

Section 40. For the purpose of incorporating the amendment 1693 made by this act to

section 27.52, Florida Statutes, in a 1694 reference thereto, subsection (1) of

section 57.081, Florida 1695 Statutes, is reenacted to read: 1696 57.081 Costs; right to proceed where prepayment of costs 1697 and payment of filing fees waived.— 1698

(1) Any indigent person, except a prisoner as defined in s. 1699 57.085, who is a party or intervenor in any judicial or 1700 administrative agency proceeding or who initiates such 1701 proceeding shall receive the services of the courts, sheriffs, 1702 and clerks, with respect to such proceedings, despite his or her 1703 present inability to pay for these services.

Such services are 1704 limited to filing fees; service of process; certified copies of 1705 orders or final judgments; a single photocopy of any court 1706 pleading, record, or instrument filed with the clerk; examining 1707 fees; mediation services and fees; private court-appointed 1708 counsel fees; subpoena fees and services; service charges for 1709 collecting and disbursing funds; and any other cost or service 1710 arising out of pending litigation. In any appeal from an 1711

Florida Senate - 2021 SB 1926 6-01030A-21 20211926__ Page 60 of 106 CODING: Words stricken are deletions; words underlined are additions. administrative agency decision, for which the clerk is 1712 responsible for preparing the transcript, the clerk shall record 1713 the cost of preparing the transcripts and the cost for copies of 1714 any exhibits in the record. A party who has obtained a 1715 certification of indigence pursuant to s. 27.52 or s. 57.082 1716 with respect to a proceeding is not required to prepay costs to 1717 a court, clerk, or sheriff and is not required to pay filing 1718 fees or charges for issuance of a summons. 1719

Section 41. For the purpose of incorporating the amendment 1720 made by this act to

section 27.52, Florida Statutes, in a 1721 reference thereto,

section 162.30, Florida Statutes, is 1722 reenacted to read: 1723 162.30 Civil actions to enforce county and municipal 1724 ordinances.—In addition to other provisions of law authorizing 1725 the enforcement of county and municipal codes and ordinances, a 1726 county or municipality may enforce any violation of a county or 1727 municipal code or ordinance by filing a civil action in the same 1728 manner as instituting a civil action. The action shall be 1729 brought in county or circuit court, whichever is appropriate 1730 depending upon the relief sought.

Counties and municipalities 1731 are authorized and required to pay any counsel appointed by the 1732 court to represent a private party in such action if the 1733 provision of counsel at public expense is required by the 1734 Constitution of the United States or the Constitution of the 1735 State of Florida and if the party is indigent as established 1736 pursuant to s. 27.52. The county or municipality shall bear all 1737 court fees and costs of any such action, and may, if it 1738 prevails, recover the court fees and costs and expense of the 1739 court-appointed counsel as part of its judgment.

The state shall 1740

Florida Senate - 2021 SB 1926 6-01030A-21 20211926__ Page 61 of 106 CODING: Words stricken are deletions; words underlined are additions. bear no expense of actions brought under this

section except 1741 those that it would bear in an ordinary civil action between 1742 private parties in county court. 1743

Section 42. For the purpose of incorporating the amendment 1744 made by this act to

section 27.52, Florida Statutes, in a 1745 reference thereto, paragraph (

c) of subsection (4) of

section 1746 392.55, Florida Statutes, is reenacted to read: 1747 392.55 Physical examination and treatment.— 1748

(4) A warrant requiring a person to be apprehended or 1749 examined on an outpatient basis may not be issued unless: 1750 (

c) The court advises the person of the right to have legal 1751 counsel present. If the person is insolvent and unable to employ 1752 counsel, the court shall appoint legal counsel for the person 1753 pursuant to the indigence criteria in s. 27.52. 1754

Section 43. For the purpose of incorporating the amendment 1755 made by this act to

section 27.52, Florida Statutes, in a 1756 reference thereto, subsection (3) of

section 392.56, Florida 1757 Statutes, is reenacted to read: 1758 392.56 Hospitalization, placement, and residential 1759 isolation.— 1760

(3) A person may not be ordered by a circuit court to be 1761 hospitalized, placed in another health care facility or 1762 residential facility, or isolated from the general public in the 1763 home, unless: 1764 (

a) A hearing has been held, with respect to which the 1765 person has received at least 72 hours’ prior written 1766 notification and has received a list of the proposed actions to 1767 be taken and the reasons for each such action. However, with the 1768 consent of the person or the person’s counsel, a hearing may be 1769

Florida Senate - 2021 SB 1926 6-01030A-21 20211926__ Page 62 of 106 CODING: Words stricken are deletions; words underlined are additions. held within less than 72 hours; 1770 (

b) The person has the right to attend the hearing, to 1771 cross-examine witnesses, and present evidence. After review and 1772 consultation by the court, counsel for the person may waive the 1773 client’s presence or allow the client to appear by television 1774 monitor where available; and 1775 (

c) The court advises the person of the right to have 1776 counsel present. If the person is insolvent and unable to employ 1777 counsel, the court shall appoint legal counsel for the person 1778 pursuant to the indigence criteria in s. 27.52. 1779

Section 44. For the purpose of incorporating the amendment 1780 made by this act to

section 27.52, Florida Statutes, in a 1781 reference thereto, paragraph (

a) of subsection (3) of

section 1782 900.05, Florida Statutes, is reenacted to read: 1783 900.05 Criminal justice data collection.— 1784

(3) DATA COLLECTION AND REPORTING.—An entity required to 1785 collect data in accordance with this subsection shall collect 1786 the specified data and report them in accordance with this 1787 subsection to the Department of Law Enforcement on a monthly 1788 basis. 1789 (

a) Clerk of the court.—Each clerk of court shall collect 1790 the following data for each criminal case: 1791 1. Case number. 1792 2. Date that the alleged offense occurred. 1793 3. Date the defendant is taken into physical custody by a 1794 law enforcement agency or is issued a notice to appear on a 1795 criminal charge. 1796 4. Whether the case originated by notice to appear. 1797 5. Date that the criminal prosecution of a defendant is 1798

Florida Senate - 2021 SB 1926 6-01030A-21 20211926__ Page 63 of 106 CODING: Words stricken are deletions; words underlined are additions. formally initiated. 1799 6. Arraignment date. 1800 7. Attorney appointment date. 1801 8. Attorney withdrawal date. 1802 9. Case status. 1803 10. Charge disposition. 1804 11. Disposition date and disposition type. 1805 12. Information related to each defendant, including: 1806 a. Identifying information, including name, known aliases, 1807 date of birth, race, ethnicity, and gender. 1808 b. Zip code of last known address. 1809 c. Primary language. 1810 d. Citizenship. 1811 e.

Immigration status, if applicable. 1812 f. Whether the defendant has been found to be indigent 1813 under s. 27.52. 1814 13. Information related to the charges filed against the 1815 defendant, including: 1816 a. Charge description. 1817 b. Charge modifier description and statute, if applicable. 1818 c. Drug type for each drug charge, if known. 1819 d.

Qualification for a flag designation as defined in this 1820 section, including a domestic violence flag, gang affiliation 1821 flag, sexual offender flag, habitual offender flag, habitual 1822 violent felony offender flag, pretrial release violation flag, 1823 prison releasee reoffender flag, three-time violent felony 1824 offender flag, or violent career criminal flag. 1825 14. Information related to bail or bond and pretrial 1826 release determinations, including the dates of any such 1827

Florida Senate - 2021 SB 1926 6-01030A-21 20211926__ Page 64 of 106 CODING: Words stricken are deletions; words underlined are additions. determinations: 1828 a. Pretrial release determination made at a first 1829 appearance hearing that occurs within 24 hours of arrest, 1830 including any monetary and nonmonetary conditions of release. 1831 b.

Modification of bail or bond conditions made by a court 1832 having jurisdiction to try the defendant or, in the absence of 1833 the judge of the trial court, by the circuit court, including 1834 modifications to any monetary and nonmonetary conditions of 1835 release. 1836 c. Cash bail or bond payment, including whether the 1837 defendant utilized a bond agent to post a surety bond. 1838 d. Date defendant is released on bail, bond, or pretrial 1839 release for the current case. 1840 e.

Bail or bond revocation due to a new offense, a failure 1841 to appear, or a violation of the terms of bail or bond, if 1842 applicable. 1843 15. Information related to court dates and dates of motions 1844 and appearances, including: 1845 a. Date of any court appearance and the type of proceeding 1846 scheduled for each date reported. 1847 b. Date of any failure to appear in court, if applicable. 1848 c. Deferred prosecution or pretrial diversion hearing, if 1849 applicable. 1850 d. Each scheduled trial date. 1851 e. Date that a defendant files a notice to participate in 1852 discovery. 1853 f.

Speedy trial motion date and each hearing date, if 1854 applicable. 1855 g. Dismissal motion date and each hearing date, if 1856

Florida Senate - 2021 SB 1926 6-01030A-21 20211926__ Page 65 of 106 CODING: Words stricken are deletions; words underlined are additions. applicable. 1857 16. Defense attorney type. 1858 17. Information related to sentencing, including: 1859 a. Date that a court enters a sentence against a defendant. 1860 b. Charge sentenced to, including charge sequence number, 1861 and charge description. 1862 c.

Sentence type and length imposed by the court in the 1863 current case, reported in years, months, and days, including, 1864 but not limited to, the total duration of incarceration in a 1865 county detention facility or state correctional institution or 1866 facility, and conditions of probation or community control 1867 supervision. 1868 d.

Amount of time served in custody by the defendant 1869 related to each charge that is credited at the time of 1870 disposition of the charge to reduce the imposed length of time 1871 the defendant will serve on the term of incarceration that is 1872 ordered by the court at disposition. 1873 e. Total amount of court costs imposed by the court at the 1874 disposition of the case. 1875 f. Total amount of fines imposed by the court at the 1876 disposition of the case. 1877 g. Restitution amount ordered at sentencing. 1878 18. The sentencing judge or magistrate, or their 1879 equivalent. 1880

Section 45. For the purpose of incorporating the amendment 1881 made by this act to

section 27.52, Florida Statutes, in a 1882 reference thereto,

section 914.11, Florida Statutes, is 1883 reenacted to read: 1884 914.11 Indigent defendants.—If a defendant in a criminal 1885

Florida Senate - 2021 SB 1926 6-01030A-21 20211926__ Page 66 of 106 CODING: Words stricken are deletions; words underlined are additions. case is indigent pursuant to s. 27.52 and presently unable to 1886 pay the cost of procuring the attendance of witnesses, the 1887 defendant may seek a deferral of these costs; however, the 1888 defendant may subpoena the witnesses, and the costs, including 1889 the cost of the defendant’s copy of all depositions and 1890 transcripts which are certified by the defendant’s attorney as 1891 serving a useful purpose in the disposition of the case, shall 1892 be paid by the state.

When depositions are taken outside the 1893 circuit in which the case is pending, travel expenses shall be 1894 paid by the state in accordance with s. 112.06