SB 552 — Clerks of the Circuit Court

authorizing clerks of court to seek reimbursement from the Legislature for costs and fees Page 2 of 22 CODING:

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Florida Senate - 2022 SB 552 21-00613A-22 2022552__ related to appeals for persons determined to be sexually violent predators;

providing the method to seek such reimbursement;

requiring the corporation to annually develop and submit to the Governor a budget request for such reimbursement, not subject to change by the Justice Administrative Commission, to be transmitted to the Legislature;

amending s.

397.6814, F.S.;

authorizing clerks of court to seek reimbursement from the Legislature for petitions for involuntary assessment and stabilization;

providing the method to seek such reimbursement;

requiring the corporation to annually develop and submit to the Governor a budget request for such reimbursement, not subject to change by the Justice Administrative Commission, to be transmitted to the Legislature;

Paragraph (a)(b) of subsection (1)(4) of section 28.241,28.246, Florida Statutes, is amended to read:

28.241 Filing fees for trial and appellate proceedings.— (1) Filing fees are due at the time a party files a pleading to initiate a proceeding or files a pleading for relief.

Reopen fees are due at the time a party files a pleading to reopen a proceeding if at least 90 days have elapsed since the filing of a final order or final judgment with the clerk.

If a fee is not paid upon the filing of the pleading as required under this section, the clerk must shall pursue collection of Page 3 of 22 CODING:

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Florida Senate - 2022 SB 552 21-00613A-22 2022552__ the fee pursuant to s.

28.246.

(a)1.a.

Except as provided in sub-subparagraph b.

and subparagraph 2., the party instituting any civil action, suit, or proceeding in the circuit court shall pay to the clerk of that court a filing fee of up to $395 in all cases in which there are not more than five defendants and an additional filing fee of up to $2.50, from which the clerk shall remit $0.50 to the Department of Revenue for deposit into the General Revenue Fund, for each defendant in excess of five.

Of the first $200 in filing fees, $195 must be remitted to the Department of Revenue for deposit into the State Courts Revenue Trust Fund, $4 must be remitted to the Department of Revenue for deposit into the Administrative Trust Fund within the Department of Financial Services and used to fund the contract with the Florida Clerks of Court Operations Corporation created in s.

28.35, and $1 must be remitted to the Department of Revenue for deposit into the Administrative Trust Fund within the Department of Financial Services to fund audits of individual clerks’ court-related expenditures conducted by the Department of Financial Services.

By the 10th of each month, the clerk shall submit that portion of the filing fees collected in the previous month which is in excess of one-twelfth of the clerk’s total budget to the Department of Revenue for deposit into the Clerks of the Court Trust Fund.

b.

The party instituting any civil action, suit, or proceeding in the circuit court under chapter 39, chapter 61, chapter 741, chapter 742, chapter 747, chapter 752, or chapter 753 shall pay to the clerk of that court a filing fee of up to $295 in all cases in which there are not more than five Page 4 of 22 CODING:

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Florida Senate - 2022 SB 552 21-00613A-22 2022552__ defendants and an additional filing fee of up to $2.50 for each defendant in excess of five.

Of the first $100 in filing fees, $95 must be remitted to the Department of Revenue for deposit into the State Courts Revenue Trust Fund, $4 must be remitted to the Department of Revenue for deposit into the Administrative Trust Fund within the Department of Financial Services and used to fund the contract with the Florida Clerks of Court Operations Corporation created in s.

28.35, and $1 must be remitted to the Department of Revenue for deposit into the Administrative Trust Fund within the Department of Financial Services to fund audits of individual clerks’ court-related expenditures conducted by the Department of Financial Services.

c.

An additional filing fee of $4 must shall be paid to the clerk.

The clerk shall remit $3.50 to the Department of Revenue for deposit into the Court Education Trust Fund and shall remit 50 cents to the Department of Revenue for deposit into the Administrative Trust Fund within the Department of Financial Services to fund clerk education provided by the Florida Clerks of Court Operations Corporation.

An additional filing fee of up to $18 must shall be paid by the party seeking each severance that is granted, from which the clerk shall remit $3 to the Department of Revenue for deposit into the General Revenue Fund.

The clerk may impose an additional filing fee of up to $85, from which the clerk shall remit $10 to the Department of Revenue for deposit into the General Revenue Fund, for all proceedings of garnishment, attachment, replevin, and distress.

Postal charges incurred by the clerk of the circuit court in making service by certified or registered mail on defendants or other parties must shall be paid by the party at whose instance service is made.

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Florida Senate - 2022 SB 552 21-00613A-22 2022552__ Additional fees, charges, or costs may not be added to the filing fees imposed under this section, except as authorized in this section or by general law.

2.a.

Notwithstanding the fees prescribed in subparagraph 1., a party instituting a civil action in circuit court relating to real property or mortgage foreclosure shall pay a graduated filing fee based on the value of the claim.

b.

A party shall estimate in writing the amount in controversy of the claim upon filing the action.

For purposes of this subparagraph, the value of a mortgage foreclosure action is based upon the principal due on the note secured by the mortgage, plus interest owed on the note and any moneys advanced by the lender for property taxes, insurance, and other advances secured by the mortgage, at the time of filing the foreclosure.

The value must shall also include the value of any tax certificates related to the property.

In stating the value of a mortgage foreclosure claim, a party shall declare in writing the total value of the claim, as well as the individual elements of the value as prescribed in this sub-subparagraph.

c.

In its order providing for the final disposition of the matter, the court shall identify the actual value of the claim.

The clerk must shall adjust the filing fee if there is a difference between the estimated amount in controversy and the actual value of the claim and collect any additional filing fee owed or provide a refund of excess filing fee paid.

d.

The party shall pay a filing fee of:

(I) Three hundred and ninety-five dollars in all cases in which the value of the claim is $50,000 or less and in which there are not more than five defendants.

The party shall pay an Page 6 of 22 CODING:

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Florida Senate - 2022 SB 552 21-00613A-22 2022552__ additional filing fee of up to $2.50 for each defendant in excess of five.

Of the first $200 in filing fees, $195 must be remitted by the clerk to the Department of Revenue for deposit into the General Revenue Fund, $4 must be remitted to the Department of Revenue for deposit into the Administrative Trust Fund within the Department of Financial Services and used to fund the contract with the Florida Clerks of Court Operations Corporation created in s.

28.35, and $1 must be remitted to the Department of Revenue for deposit into the Administrative Trust Fund within the Department of Financial Services to fund audits of individual clerks’ court-related expenditures conducted by the Department of Financial Services;

(II) Nine hundred dollars in all cases in which the value of the claim is more than $50,000 but less than $250,000 and in which there are not more than five defendants.

The party shall pay an additional filing fee of up to $2.50 for each defendant in excess of five.

Of the first $355 $705 in filing fees, $350 $700 must be remitted by the clerk to the Department of Revenue for deposit into the General Revenue Fund, except that the first $1.5 million in such filing fees remitted to the Department of Revenue and deposited into the General Revenue Fund in fiscal year 2018-2019 shall be distributed to the Miami-Dade County Clerk of Court;

$4 must be remitted to the Department of Revenue for deposit into the Administrative Trust Fund within the Department of Financial Services and used to fund the contract with the Florida Clerks of Court Operations Corporation created in s.

28.35;

and $1 must be remitted to the Department of Revenue for deposit into the Administrative Trust Fund within the Department of Financial Services to fund audits of Page 7 of 22 CODING:

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Florida Senate - 2022 SB 552 21-00613A-22 2022552__ individual clerks’ court-related expenditures conducted by the Department of Financial Services;

or (III) One thousand nine hundred dollars in all cases in which the value of the claim is $250,000 or more and in which there are not more than five defendants.

The party shall pay an additional filing fee of up to $2.50 for each defendant in excess of five.

Of the first $1,240 $1,705 in filing fees, $465 $930 must be remitted by the clerk to the Department of Revenue for deposit into the General Revenue Fund, $770 must be remitted to the Department of Revenue for deposit into the State Courts Revenue Trust Fund, $4 must be remitted to the Department of Revenue for deposit into the Administrative Trust Fund within the Department of Financial Services to fund the contract with the Florida Clerks of Court Operations Corporation created in s.

28.35, and $1 must be remitted to the Department of Revenue for deposit into the Administrative Trust Fund within the Department of Financial Services to fund audits of individual clerks’ court-related expenditures conducted by the Department of Financial Services.

e.

An additional filing fee of $4 shall be paid to the clerk.

The clerk shall remit $3.50 to the Department of Revenue for deposit into the Court Education Trust Fund and shall remit 50 cents to the Department of Revenue for deposit into the Administrative Trust Fund within the Department of Financial Services to fund clerk education provided by the Florida Clerks of Court Operations Corporation.

An additional filing fee of up to $18 must shall be paid by the party seeking each severance that is granted.

The clerk may impose an additional filing fee of up to $85 for all proceedings of garnishment, attachment, Page 8 of 22 CODING:

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Florida Senate - 2022 SB 552 21-00613A-22 2022552__ replevin, and distress.

Postal charges incurred by the clerk of the circuit court in making service by certified or registered mail on defendants or other parties must shall be paid by the party at whose instance service is made.

Additional fees, charges, or costs may not be added to the filing fees imposed under this section, except as authorized in this section or by general law.

Section 2.

Subsection (4) of section 28.246, Florida Statutes, is amended to read:

distribution of funds.— (4)(a)(4) Each(b) clerkAn individual seeking to defer payment of thefees, circuitservice charges, court shallcosts, acceptor partialfines paymentsimposed forby eachoperation caseof typelaw foror court-relatedorder fees,of servicethe charges, court costs,under andany finesprovision inof accordancegeneral withlaw theshall termsapply ofto anthe establishedclerk paymentfor planenrollment developedin bya thepayment clerk.plan.

(b) An individual seeking to defer payment of fees, service charges, court costs, or fines imposed by operation of law or order of the court under any provision of general law shall apply to the clerk for enrollment in a payment plan.

A1. monthly payment amount, calculated based upon all fees and all anticipated fees, service charges, court costs, and fines, is presumed to correspond to the person’s ability to pay if the Page 9 of 22 CODING:

A monthly payment amount, calculated based upon all fees and all anticipated fees, service charges, court costs, and fines, is presumed to correspond to the person’s ability to pay if the amount does not exceed the greater of:

a.

Two 2 percent of the person’s annual net income, as defined in s.

27.52(1), divided by 12;

or b.

$25.

2.

Any amount required by the clerk as a down payment to Page 2 of 8 CODING:

Florida Senate - 2022 CS for SB 552 21-00613A-22576-03568-22 2022552__2022552c1 amountinitially doesestablish nota exceedpayment 2plan percentshall ofbe the person’slesser annualof net10 income,percent asof definedthe intotal s.amount owed or $100.

27.52(1),The dividedamount bydoes 12not orinclude $25,the whicheverimposition isof greater.a service charge pursuant to s.

Any28.24(27)(b) amount required by the clerk as down payment to initially establish a payment plan may not be more than 10 percent of the total amount owed or $100,(c). whichever is less.

Such amount does not include the imposition of a per month service charge pursuant to s.

28.24(27)(b) or the imposition of a one-time administrative processing service charge each time a payment plan is established pursuant to s.

28.24(27)(c).

Section 3.2.

Paragraph (c) of subsection (2) of section 28.35, Florida Statutes, is amendedamended, and paragraph (i) is added to that subsection, to read:

RecommendingIf to the Legislaturenumber the total cost associated with clerk support of circuit and county judges statewide, based on a formula approved by the corporation, for consideration each year in which the Legislature authorizes the establishment of new county court judgeships under s.

34.02226.031 or new circuit court judgeships under s.

26.031.34.022 increases:

Sectiona. 4.

ParagraphDeveloping (c)a offormula subsectionto (1)estimate ofthe sectiontotal 34.041,cost Floridaassociated Statutes,with isclerk amendedsupport tofor read:circuit and county judges statewide.

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Making a recommendation for consideration by the Legislature on any need for additional funding using the formula approved in sub-subparagraph a.

(i) Annually preparing a budget request that, notwithstanding chapter 216 and in accordance with s.

216.351, provides the anticipated amount necessary for reimbursement pursuant to s.

40.29(6).

The request for the anticipated Page 3 of 8 CODING:

Florida Senate - 2022 CS for SB 552 21-00613A-22576-03568-22 2022552__2022552c1 34.041reimbursement Filingamount fees.—must (1)be (c)submitted A party in addition to a party described in paragraph (a) who files a pleading in an original civil action in the countyform court for affirmative relief by cross-claim, counterclaim, counterpetition, or third-party complaint, or who files a notice of cross-appeal or notice of joinder or motion to intervene as an appellant, cross-appellant, or petitioner, shall pay the clerk of court a fee of $295 if the relief sought by the party under this paragraph exceeds $2,500 but is not more than $15,000 and $395manner ifprescribed the relief sought by the partyJustice underAdministrative thisCommission. paragraph exceeds $15,000.

TheSuch clerkrequest shallis depositnot remitsubject theto fee,change if the relief sought by the partyJustice underAdministrative thisCommission paragraphexcept exceedsfor $2,500technical butchanges isnecessary notto moreconform than $15,000, to the Departmentlegislative ofbudget Revenueinstructions forand depositmust intobe submitted by the fineJustice andAdministrative forfeitureCommission fundto establishedthe pursuantGovernor for transmittal to s.the Legislature.

142.01Section General3. Revenue Fund.

ThisSection fee40.29, doesFlorida notStatutes, applyis ifamended the cross-claim, counterclaim, counterpetition, or third-party complaint requires transfer of the case from county to circuitread: court.

However,40.29 thePayment partyof shalldue-process paycosts; to the clerk the standard filing fee for the court to which the case is to be transferred.

Sectionreimbursement 5.for petitions and orders.— (1) Each clerk of the circuit court, on behalf of the state attorney, private court-appointed counsel, the public defender, and the criminal conflict and civil regional counsel, shall forward to the Justice Administrative Commission, by county, a quarterly estimate of funds necessary to pay for ordinary witnesses, including, but not limited to, witnesses in civil traffic cases and witnesses of the state attorney, the public defender, criminal conflict and civil regional counsel, private court-appointed counsel, and persons determined to be indigent for costs.

Each quarter of the state fiscal year, the commission, based upon the estimates, shall advance funds to each clerk to pay for these ordinary witnesses from state funds specifically appropriated for the payment of ordinary witnesses.

(2) Upon receipt of an estimate pursuant to subsection (1), the Justice Administrative Commission shall endorse the amount deemed necessary for payment by the clerk of the court during the quarterly fiscal period and shall submit a request for payment to the Chief Financial Officer.

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Florida Senate - 2022 CS for SB 552 576-03568-22 2022552c1 (3) Upon receipt of the funds from the Chief Financial Officer, the clerk of the court shall pay all invoices approved and submitted by the state attorney, the public defender, criminal conflict and civil regional counsel, and private court- appointed counsel for the items enumerated in subsection (1).

(4) After review for compliance with applicable rates and requirements, the Justice Administrative Commission shall pay all due process service related invoices, except those enumerated in subsection (1), approved and submitted by the state attorney, the public defender, criminal conflict and civil regional counsel, or private court-appointed counsel in accordance with the applicable requirements of ss.

29.005, 29.006, and 29.007.

(5) The Justice Administrative Commission shall reimburse funds to the clerks of the court to compensate jurors, to pay for meals or lodging provided to jurors, and to pay for jury- related personnel costs as provided in this section.

Each clerk of the court must submit a request for reimbursement to the Florida Clerks of Court Operations Corporation within 20 days after each quarter attesting to the clerk’s actual costs to compensate jurors, to pay for meals or lodging provided to jurors, and to pay for jury-related personnel costs.

The Florida Clerks of Court Operations Corporation must review the request for reimbursement to ensure that the costs are reasonably and directly related to jury management.

The Florida Clerks of Court Operations Corporation must forward to the Justice Administrative Commission the amount necessary to reimburse each clerk of the court for its personnel and other costs related to jury management unless the total request for reimbursement by Page 5 of 8 CODING:

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Florida Senate - 2022 CS for SB 552 576-03568-22 2022552c1 the clerks exceeds the quarterly funds available to the Justice Administrative Commission, in which case the Florida Clerks of Court Operations Corporation shall adjust the cumulative total to match the available funds before submitting the request to the Justice Administrative Commission.

Upon receipt of each request for reimbursement, the Justice Administrative Commission must review the amount deemed necessary for payment to the clerks of the court for the most recently completed quarter, determine if the total payment amount is available, and submit a request for payment to the Chief Financial Officer.

The clerks of the court are responsible for any compensation to jurors, for payments for meals or lodging provided to jurors, and for jury- related personnel costs that exceed the funding provided in the General Appropriations Act for these purposes.

(6) Subject to legislative appropriation, the clerk of the circuit court may, on a quarterly basis, submit to the Justice Administrative Commission a certified request for reimbursement for petitions and orders filed under ss.

394.459, 394.463, 394.467, 394.917, and 397.6814, at the rate of $40 per petition or order.

Such request for reimbursement must be submitted in the form and manner prescribed by the Justice Administrative Commission pursuant to s.

28.35(2)(i).

Section 4.

(a)1.Page 6 of 8 CODING:

An applicant, including an applicant who is a minor Page 11 of 22 CODING:

Florida Senate - 2022 SBCS 552 21-00613A-22 2022552__ or an adult tax-dependent person, is indigent if the applicant’s income is equal to or below 200 percent of the then-current federal poverty guidelines prescribed for theSB size552 of576-03568-22 the2022552c1 household(a)1. of the applicant by the United States Department of Health and Human Services.

An applicant, including an applicant who is a minor or an adult tax-dependent person, is indigent if the applicant’s income is equal to or below 200 percent of the then-current federal poverty guidelines prescribed for the size of the household of the applicant by the United States Department of Health and Human Services.

If a review is conducted, the clerk must maintain the results of the review in a file with the application and provide the file to the court if an applicant seeks a review under subsection (4) of the clerk’s determination of indigent status.

(d) The duty of the clerk in determining whether an applicant is indigent is limited to receiving the applicationapplication, conducting a review of records under subparagraph (a)3., and comparing the information provided in the application and identified in the review of records to the criteria prescribed in this subsection.

The determination of indigent status is a ministerial act of the clerk and not a decision may not be based on further investigation, other than the review authorized under this subsection, or the exercise of Page 127 of 228 CODING:

Florida Senate - 2022 CS for SB 552 21-00613A-22576-03568-22 2022552__2022552c1 ministerial act of the clerk and may not a decision be based on further investigation or the exercise of independent judgment by the clerk.

Section 5.

Subsection (3) is added to section 322.29, Florida Statutes, to read:

322.29 Surrender and return of license.— (3) The department shall work with the clerks of court, through their association, to ensure the ability within their technology systems for clerks of court to reinstate suspended driver licenses for failure to pay court obligations.

Subsection (5) of section 318.14, Florida Statutes, is amended to read:

318.14 Noncriminal traffic infractions;

exception;

procedures.— (5) Any person electing to appear before the designated official or who is required so to appear is shall be deemed to have waived his or her right to the civil penalty provisions of s.

318.18.

The official, after a hearing, shall make a determination as to whether an infraction has been committed.

If the commission of an infraction has been proven, the official may impose a civil penalty not to exceed $500, but no less than the amount of the civil penalty provisions of s.

318.18, except that in cases involving unlawful speed in a school zone or involving unlawful speed in a construction zone, the civil penalty may not exceed $1,000;

or require attendance at a driver improvement school, or both.

If the person is required to appear before the designated official pursuant to s.

318.19(1) and is found to have committed the infraction, the designated official must shall impose a civil penalty of $1,000 in addition to any other penalties and the person’s driver license shall be suspended for 6 months.

If the person is required to appear before the designated official pursuant to s.

318.19(2) and is found to have committed the infraction, the designated official must shall impose a civil penalty of $500 in addition to any other penalties and the person’s driver license shall be suspended for 3 months.

If the official determines that no Page 13 of 22 CODING:

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Florida Senate - 2022 SB 552 21-00613A-22 2022552__ infraction has been committed, no costs or penalties shall be imposed and any costs or penalties that have been paid shall be returned.

Moneys received from the mandatory civil penalties imposed pursuant to this subsection upon persons required to appear before a designated official pursuant to s.

318.19(1) or (2) must shall be remitted to the Department of Revenue and deposited into the Department of Health Emergency Medical Services Trust Fund to provide financial support to certified trauma centers to assure the availability and accessibility of trauma services throughout this the state.

Funds deposited into the Emergency Medical Services Trust Fund under this section shall be allocated as follows:

(a) Fifty percent shall be allocated equally among all Level I, Level II, and pediatric trauma centers in recognition of readiness costs for maintaining trauma services.

(b) Fifty percent shall be allocated among Level I, Level II, and pediatric trauma centers based on each center’s relative volume of trauma cases as calculated using the hospital discharge data collected pursuant to s.

408.061.

Section 7.

Subsection (2) of section 322.29, Florida Statutes, is amended, and subsection (3) is added to that section, to read:

322.29 Surrender and return of license.— (2) Notwithstanding subsection (1), an examination is not required for the return of a license suspended under s.

318.15 or s.

322.245 unless an examination is otherwise required by this chapter.

A person applying for the return of a license suspended under s.

318.15 or s.

322.245 shall must present to the department certification from the court that he or she has Page 14 of 22 CODING:

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Florida Senate - 2022 SB 552 21-00613A-22 2022552__ complied with all obligations and penalties imposed pursuant to s.

318.15 or, in the case of a suspension pursuant to s.

322.245, that he or she has complied with all directives of the court and the requirements of s.

322.245 and shall pay to the department a nonrefundable service fee of $60, of which $37.50 must shall be deposited into the General Revenue Fund and $22.50 must shall be deposited into the Highway Safety Operating Trust Fund.

If reinstated by the clerk of the court or tax collector, $37.50 must shall be retained and $22.50 must shall be remitted to the Department of Revenue for deposit into the Highway Safety Operating Trust Fund.

However, the service fee is not required if the person is required to pay a $45 fee or $75 fee under s.

322.21(8).

(3) The department shall coordinate with the clerks of court, through their association, to ensure the capability within their technology systems for clerks of court to reinstate suspended driver licenses for failure to pay court obligations.

Section 8.

Paragraph (d) of subsection (8) of section 394.459, Florida Statutes, is amended to read:

394.459 Rights of patients.— (8) HABEAS CORPUS.— (d) A No fee may not shall be charged for the filing of a petition under this subsection.

However, subject to legislative appropriation, the clerk of the circuit court may, on a quarterly basis, submit to the Justice Administrative Commission a certified request for reimbursement for petitions under this subsection, at the rate of $40 per petition.

The request for reimbursement must be submitted in the form and manner prescribed by the Justice Administrative Commission.

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Florida Senate - 2022 SB 552 21-00613A-22 2022552__ Additionally, the Clerks of the Court Operations Corporation shall develop on an annual basis a budget request for the anticipated amount necessary for reimbursement.

The request is not subject to change by the Justice Administrative Commission, and it shall be submitted to the Governor for transmittal to the Legislature.

Section 9.

Paragraph (a) of subsection (2) of section 394.463, Florida Statutes, is amended to read:

394.463 Involuntary examination.— (2) INVOLUNTARY EXAMINATION.— (a) An involuntary examination may be initiated by any one of the following means:

1.

A circuit or county court may enter an ex parte order stating that a person appears to meet the criteria for involuntary examination and specifying the findings on which that conclusion is based.

The ex parte order for involuntary examination must be based on written or oral sworn testimony that includes specific facts that support the findings.

If other less restrictive means are not available, such as voluntary appearance for outpatient evaluation, a law enforcement officer, or other designated agent of the court, shall take the person into custody and deliver him or her to an appropriate, or the nearest, facility within the designated receiving system pursuant to s.

394.462 for involuntary examination.

The order of the court shall be made a part of the patient’s clinical record.

A fee may not be charged for the filing of an order under this subsection.

However, subject to legislative appropriation, the clerk of the circuit court may, on a quarterly basis, submit to the Justice Administrative Commission a certified request for Page 16 of 22 CODING:

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Florida Senate - 2022 SB 552 21-00613A-22 2022552__ reimbursement for orders under this subsection, at the rate of $40 per order.

The request for reimbursement must be submitted in the form and manner prescribed by the Justice Administrative Commission.

Additionally, the Clerks of the Court Operations Corporation shall develop on an annual basis a budget request for the anticipated amount necessary for reimbursement.

The request is not subject to change by the Justice Administrative Commission, and it shall be submitted to the Governor for transmittal to the Legislature.

A facility accepting the patient based on this order must send a copy of the order to the department within 5 working days.

The order may be submitted electronically through existing data systems, if available.

The order shall be valid only until the person is delivered to the facility or for the period specified in the order itself, whichever comes first.

If a time limit is not specified in the order, the order is valid for 7 days after the date that the order was signed.

2.

A law enforcement officer shall take a person who appears to meet the criteria for involuntary examination into custody and deliver the person or have him or her delivered to an appropriate, or the nearest, facility within the designated receiving system pursuant to s.

394.462 for examination.

The officer shall execute a written report detailing the circumstances under which the person was taken into custody, which must be made a part of the patient’s clinical record.

Any facility accepting the patient based on this report must send a copy of the report to the department within 5 working days.

3.

A physician, a physician assistant, a clinical psychologist, a psychiatric nurse, an advanced practice Page 17 of 22 CODING:

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Florida Senate - 2022 SB 552 21-00613A-22 2022552__ registered nurse registered under s.

464.0123, a mental health counselor, a marriage and family therapist, or a clinical social worker may execute a certificate stating that he or she has examined a person within the preceding 48 hours and finds that the person appears to meet the criteria for involuntary examination and stating the observations upon which that conclusion is based.

If other less restrictive means, such as voluntary appearance for outpatient evaluation, are not available, a law enforcement officer shall take into custody the person named in the certificate and deliver him or her to the appropriate, or nearest, facility within the designated receiving system pursuant to s.

394.462 for involuntary examination.

The law enforcement officer shall execute a written report detailing the circumstances under which the person was taken into custody.

The report and certificate shall be made a part of the patient’s clinical record.

Any facility accepting the patient based on this certificate must send a copy of the certificate to the department within 5 working days.

The document may be submitted electronically through existing data systems, if applicable.

When sending the order, report, or certificate to the department, a facility shall, at a minimum, provide information about which action was taken regarding the patient under paragraph (g), which information shall also be made a part of the patient’s clinical record.

Section 10.

Subsection (3) of section 394.467, Florida Statutes, is amended to read:

394.467 Involuntary inpatient placement.— Page 18 of 22 CODING:

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Florida Senate - 2022 SB 552 21-00613A-22 2022552__ (3) PETITION FOR INVOLUNTARY INPATIENT PLACEMENT.—The administrator of the facility shall file a petition for involuntary inpatient placement in the court in the county where the patient is located.

Upon filing, the clerk of the court shall provide copies to the department, the patient, the patient’s guardian or representative, and the state attorney and public defender of the judicial circuit in which the patient is located.

A fee may not be charged for the filing of a petition under this subsection.

However, subject to legislative appropriation, the clerk of the circuit court may, on a quarterly basis, submit to the Justice Administrative Commission a certified request for reimbursement for petitions under this subsection, at the rate of $40 per petition.

The request for reimbursement must be submitted in the form and manner prescribed by the Justice Administrative Commission.

Additionally, the Clerks of the Court Operations Corporation shall develop on an annual basis a budget request for the anticipated amount necessary for reimbursement.

The request is not subject to change by the Justice Administrative Commission, and it shall be submitted to the Governor for transmittal to the Legislature.

Section 11.

Subsection (3) of section 394.917, Florida Statutes, is amended to read:

394.917 Determination;

commitment procedure;

mistrials;

housing;

counsel and costs in indigent appellate cases.— (3) The public defender of the circuit in which a person was determined to be a sexually violent predator shall be appointed to represent the person on appeal.

That public defender may request the public defender who handles criminal Page 19 of 22 CODING:

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Florida Senate - 2022 SB 552 21-00613A-22 2022552__ appeals for the circuit to represent the person on appeal in the manner provided in s.

27.51(4).

If the public defender is unable to represent the person on appeal due to a conflict, the court shall appoint other counsel, who shall be compensated at a rate not less than that provided for appointed counsel in criminal cases.

Filing fees for indigent appeals under this act are waived.

Costs and fees related to such appeals, including the amounts paid for records, transcripts, and compensation of appointed counsel, shall be authorized by the trial court and paid from state funds that are appropriated for such purposes.

However, subject to legislative appropriation, the clerk of the circuit court may, on a quarterly basis, submit to the Justice Administrative Commission a certified request for reimbursement for petitions under this subsection, at the rate of $40 per petition.

The request for reimbursement must be submitted in the form and manner prescribed by the Justice Administrative Commission.

Additionally, the Clerks of the Court Operations Corporation shall develop on an annual basis a budget request for the anticipated amount necessary for reimbursement.

The request is not subject to change by the Justice Administrative Commission, and it shall be submitted to the Governor for transmittal to the Legislature.

Section 12.

Section 397.6814, Florida Statutes, is amended to read:

397.6814 Involuntary assessment and stabilization;

contents of petition.—A petition for involuntary assessment and stabilization must contain the name of the respondent, the name of the applicant or applicants, the relationship between the respondent and the applicant, and the name of the respondent’s Page 20 of 22 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2022 SB 552 21-00613A-22 2022552__ attorney, if known, and must state facts to support the need for involuntary assessment and stabilization, including:

(1) The reason for the petitioner’s belief that the respondent is substance abuse impaired;

(2) The reason for the petitioner’s belief that because of such impairment the respondent has lost the power of self- control with respect to substance abuse;

and (3)(a) The reason the petitioner believes that the respondent has inflicted or is likely to inflict physical harm on himself or herself or others unless admitted;

or (b) The reason the petitioner believes that the respondent’s refusal to voluntarily receive care is based on judgment so impaired by reason of substance abuse that the respondent is incapable of appreciating his or her need for care and of making a rational decision regarding that need for care.

If the respondent has refused to submit to an assessment, such refusal must be alleged in the petition.

A fee may not be charged for the filing of a petition pursuant to this section.

However, subject to legislative appropriation, the clerk of the circuit court may, on a quarterly basis, submit to the Justice Administrative Commission a certified request for reimbursement for petitions under this section, at the rate of $40 per petition.

The request for reimbursement must be submitted in the form and manner prescribed by the Justice Administrative Commission.

Additionally, the Clerks of the Court Operations Corporation shall develop on an annual basis a budget request for the anticipated amount necessary for reimbursement.

The request is not subject to change by the Justice Page 21 of 22 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2022 SB 552 21-00613A-22 2022552__ Administrative Commission, and it shall be submitted to the Governor for transmittal to the Legislature.

Section 13.

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