Florida Senate - 2022 SB 552 By Senator Boyd 21-00613A-22 2022552__ 1 A bill to be entitled 2 An act relating to clerks of the circuit court; 3 amending s. 28.241, F.S.; revising the distribution of 4 filing fees in specified trial and appellate 5 proceedings; amending s. 28.246, F.S.; revising the 6 calculations for certain payment plans with clerks of 7 court; providing requirements for down payments for 8 such payment plans; providing that the down payment 9 does not include specified service charges; amending 10 s. 28.35, F.S.; revising the duties of the Clerks of 11 Court Operations Corporation; requiring the 12 corporation to recommend to the Legislature the costs 13 associated with clerk support for newly created county 14 court and circuit court judgeships; amending s. 15 34.041, F.S.; revising the allocation to the fine and 16 forfeiture fund of filing fees of certain claims filed 17 in county courts; amending s. 57.082, F.S.; 18 authorizing clerks of court to review the property 19 records and motor vehicle title records of applicants 20 for indigent status; requiring clerks to maintain the 21 results of such reviews with the applications and 22 provide those results to the court if an applicant 23 seeks review of the clerks determination; providing 24 construction; amending s. 318.14, F.S.; revising the 25 minimum civil penalty for noncriminal traffic 26 infractions; amending s. 322.29, F.S.; requiring the 27 Department of Highway Safety and Motor Vehicles to 28 coordinate with the clerks of court to ensure that 29 their technology systems have the capability to 30 reinstate driver licenses suspended for failure to pay 31 court obligations; amending s. 394.459, F.S.; 32 authorizing clerks of court to seek reimbursement from 33 the Legislature for habeas corpus petitions under 34 specified conditions; providing the method to seek 35 such reimbursement; requiring the corporation to 36 annually develop and submit to the Governor a budget 37 request for such reimbursement, not subject to change 38 by the Justice Administrative Commission, to be 39 transmitted to the Legislature; amending s. 394.463, 40 F.S.; authorizing clerks of court to seek 41 reimbursement from the Legislature for the filing of 42 orders of involuntary examination under specified 43 conditions; providing the method to seek such 44 reimbursement; requiring the corporation to annually 45 develop and submit to the Governor a budget request 46 for such reimbursement, not subject to change by the 47 Justice Administrative Commission, to be transmitted 48 to the Legislature; amending s. 394.467, F.S.; 49 authorizing clerks of court to seek reimbursement from 50 the Legislature for the filing of petitions for 51 involuntary inpatient placement; providing the method 52 to seek such reimbursement; requiring the corporation 53 to annually develop and submit to the Governor a 54 budget request for such reimbursement, not subject to 55 change by the Justice Administrative Commission, to be 56 transmitted to the Legislature; amending s. 394.917, 57 F.S.; authorizing clerks of court to seek 58 reimbursement from the Legislature for costs and fees 59 related to appeals for persons determined to be 60 sexually violent predators; providing the method to 61 seek such reimbursement; requiring the corporation to 62 annually develop and submit to the Governor a budget 63 request for such reimbursement, not subject to change 64 by the Justice Administrative Commission, to be 65 transmitted to the Legislature; amending s. 397.6814, 66 F.S.; authorizing clerks of court to seek 67 reimbursement from the Legislature for petitions for 68 involuntary assessment and stabilization; providing 69 the method to seek such reimbursement; requiring the 70 corporation to annually develop and submit to the 71 Governor a budget request for such reimbursement, not 72 subject to change by the Justice Administrative 73 Commission, to be transmitted to the Legislature; 74 providing an effective date. 75 76 Be It Enacted by the Legislature of the State of Florida: 77 78 Section 1.Paragraph (a) of subsection (1) of section 79 28.241, Florida Statutes, is amended to read: 80 28.241Filing fees for trial and appellate proceedings. 81 (1)Filing fees are due at the time a party files a 82 pleading to initiate a proceeding or files a pleading for 83 relief. Reopen fees are due at the time a party files a pleading 84 to reopen a proceeding if at least 90 days have elapsed since 85 the filing of a final order or final judgment with the clerk. If 86 a fee is not paid upon the filing of the pleading as required 87 under this section, the clerk must shall pursue collection of 88 the fee pursuant to s. 28.246. 89 (a)1.a.Except as provided in sub-subparagraph b. and 90 subparagraph 2., the party instituting any civil action, suit, 91 or proceeding in the circuit court shall pay to the clerk of 92 that court a filing fee of up to $395 in all cases in which 93 there are not more than five defendants and an additional filing 94 fee of up to $2.50, from which the clerk shall remit $0.50 to 95 the Department of Revenue for deposit into the General Revenue 96 Fund, for each defendant in excess of five. Of the first $200 in 97 filing fees, $195 must be remitted to the Department of Revenue 98 for deposit into the State Courts Revenue Trust Fund, $4 must be 99 remitted to the Department of Revenue for deposit into the 100 Administrative Trust Fund within the Department of Financial 101 Services and used to fund the contract with the Florida Clerks 102 of Court Operations Corporation created in s. 28.35, and $1 must 103 be remitted to the Department of Revenue for deposit into the 104 Administrative Trust Fund within the Department of Financial 105 Services to fund audits of individual clerks court-related 106 expenditures conducted by the Department of Financial Services. 107 By the 10th of each month, the clerk shall submit that portion 108 of the filing fees collected in the previous month which is in 109 excess of one-twelfth of the clerks total budget to the 110 Department of Revenue for deposit into the Clerks of the Court 111 Trust Fund. 112 b.The party instituting any civil action, suit, or 113 proceeding in the circuit court under chapter 39, chapter 61, 114 chapter 741, chapter 742, chapter 747, chapter 752, or chapter 115 753 shall pay to the clerk of that court a filing fee of up to 116 $295 in all cases in which there are not more than five 117 defendants and an additional filing fee of up to $2.50 for each 118 defendant in excess of five. Of the first $100 in filing fees, 119 $95 must be remitted to the Department of Revenue for deposit 120 into the State Courts Revenue Trust Fund, $4 must be remitted to 121 the Department of Revenue for deposit into the Administrative 122 Trust Fund within the Department of Financial Services and used 123 to fund the contract with the Florida Clerks of Court Operations 124 Corporation created in s. 28.35, and $1 must be remitted to the 125 Department of Revenue for deposit into the Administrative Trust 126 Fund within the Department of Financial Services to fund audits 127 of individual clerks court-related expenditures conducted by 128 the Department of Financial Services. 129 c.An additional filing fee of $4 must shall be paid to the 130 clerk. The clerk shall remit $3.50 to the Department of Revenue 131 for deposit into the Court Education Trust Fund and shall remit 132 50 cents to the Department of Revenue for deposit into the 133 Administrative Trust Fund within the Department of Financial 134 Services to fund clerk education provided by the Florida Clerks 135 of Court Operations Corporation. An additional filing fee of up 136 to $18 must shall be paid by the party seeking each severance 137 that is granted, from which the clerk shall remit $3 to the 138 Department of Revenue for deposit into the General Revenue Fund. 139 The clerk may impose an additional filing fee of up to $85, from 140 which the clerk shall remit $10 to the Department of Revenue for 141 deposit into the General Revenue Fund, for all proceedings of 142 garnishment, attachment, replevin, and distress. Postal charges 143 incurred by the clerk of the circuit court in making service by 144 certified or registered mail on defendants or other parties must 145 shall be paid by the party at whose instance service is made. 146 Additional fees, charges, or costs may not be added to the 147 filing fees imposed under this section, except as authorized in 148 this section or by general law. 149 2.a.Notwithstanding the fees prescribed in subparagraph 150 1., a party instituting a civil action in circuit court relating 151 to real property or mortgage foreclosure shall pay a graduated 152 filing fee based on the value of the claim. 153 b.A party shall estimate in writing the amount in 154 controversy of the claim upon filing the action. For purposes of 155 this subparagraph, the value of a mortgage foreclosure action is 156 based upon the principal due on the note secured by the 157 mortgage, plus interest owed on the note and any moneys advanced 158 by the lender for property taxes, insurance, and other advances 159 secured by the mortgage, at the time of filing the foreclosure. 160 The value must shall also include the value of any tax 161 certificates related to the property. In stating the value of a 162 mortgage foreclosure claim, a party shall declare in writing the 163 total value of the claim, as well as the individual elements of 164 the value as prescribed in this sub-subparagraph. 165 c.In its order providing for the final disposition of the 166 matter, the court shall identify the actual value of the claim. 167 The clerk must shall adjust the filing fee if there is a 168 difference between the estimated amount in controversy and the 169 actual value of the claim and collect any additional filing fee 170 owed or provide a refund of excess filing fee paid. 171 d.The party shall pay a filing fee of: 172 (I)Three hundred and ninety-five dollars in all cases in 173 which the value of the claim is $50,000 or less and in which 174 there are not more than five defendants. The party shall pay an 175 additional filing fee of up to $2.50 for each defendant in 176 excess of five. Of the first $200 in filing fees, $195 must be 177 remitted by the clerk to the Department of Revenue for deposit 178 into the General Revenue Fund, $4 must be remitted to the 179 Department of Revenue for deposit into the Administrative Trust 180 Fund within the Department of Financial Services and used to 181 fund the contract with the Florida Clerks of Court Operations 182 Corporation created in s. 28.35, and $1 must be remitted to the 183 Department of Revenue for deposit into the Administrative Trust 184 Fund within the Department of Financial Services to fund audits 185 of individual clerks court-related expenditures conducted by 186 the Department of Financial Services; 187 (II)Nine hundred dollars in all cases in which the value 188 of the claim is more than $50,000 but less than $250,000 and in 189 which there are not more than five defendants. The party shall 190 pay an additional filing fee of up to $2.50 for each defendant 191 in excess of five. Of the first $355 $705 in filing fees, $350 192 $700 must be remitted by the clerk to the Department of Revenue 193 for deposit into the General Revenue Fund, except that the first 194 $1.5 million in such filing fees remitted to the Department of 195 Revenue and deposited into the General Revenue Fund in fiscal 196 year 2018-2019 shall be distributed to the Miami-Dade County 197 Clerk of Court; $4 must be remitted to the Department of Revenue 198 for deposit into the Administrative Trust Fund within the 199 Department of Financial Services and used to fund the contract 200 with the Florida Clerks of Court Operations Corporation created 201 in s. 28.35; and $1 must be remitted to the Department of 202 Revenue for deposit into the Administrative Trust Fund within 203 the Department of Financial Services to fund audits of 204 individual clerks court-related expenditures conducted by the 205 Department of Financial Services; or 206 (III)One thousand nine hundred dollars in all cases in 207 which the value of the claim is $250,000 or more and in which 208 there are not more than five defendants. The party shall pay an 209 additional filing fee of up to $2.50 for each defendant in 210 excess of five. Of the first $1,240 $1,705 in filing fees, $465 211 $930 must be remitted by the clerk to the Department of Revenue 212 for deposit into the General Revenue Fund, $770 must be remitted 213 to the Department of Revenue for deposit into the State Courts 214 Revenue Trust Fund, $4 must be remitted to the Department of 215 Revenue for deposit into the Administrative Trust Fund within 216 the Department of Financial Services to fund the contract with 217 the Florida Clerks of Court Operations Corporation created in s. 218 28.35, and $1 must be remitted to the Department of Revenue for 219 deposit into the Administrative Trust Fund within the Department 220 of Financial Services to fund audits of individual clerks 221 court-related expenditures conducted by the Department of 222 Financial Services. 223 e.An additional filing fee of $4 shall be paid to the 224 clerk. The clerk shall remit $3.50 to the Department of Revenue 225 for deposit into the Court Education Trust Fund and shall remit 226 50 cents to the Department of Revenue for deposit into the 227 Administrative Trust Fund within the Department of Financial 228 Services to fund clerk education provided by the Florida Clerks 229 of Court Operations Corporation. An additional filing fee of up 230 to $18 must shall be paid by the party seeking each severance 231 that is granted. The clerk may impose an additional filing fee 232 of up to $85 for all proceedings of garnishment, attachment, 233 replevin, and distress. Postal charges incurred by the clerk of 234 the circuit court in making service by certified or registered 235 mail on defendants or other parties must shall be paid by the 236 party at whose instance service is made. Additional fees, 237 charges, or costs may not be added to the filing fees imposed 238 under this section, except as authorized in this section or by 239 general law. 240 Section 2.Subsection (4) of section 28.246, Florida 241 Statutes, is amended to read: 242 28.246Payment of court-related fines or other monetary 243 penalties, fees, charges, and costs; partial payments; 244 distribution of funds. 245 (4)(a)Each clerk of the circuit court shall accept partial 246 payments for each case type for court-related fees, service 247 charges, court costs, and fines in accordance with the terms of 248 an established payment plan developed by the clerk. 249 (b)An individual seeking to defer payment of fees, service 250 charges, court costs, or fines imposed by operation of law or 251 order of the court under any provision of general law shall 252 apply to the clerk for enrollment in a payment plan. The clerk 253 shall enter into a payment plan with an individual who the court 254 determines is indigent for costs. It is the responsibility of an 255 individual who is released from incarceration and has 256 outstanding court obligations to contact the clerk within 30 257 days after release to pay fees, service charges, court costs, 258 and fines in full, or to apply for enrollment in a payment plan. 259 A monthly payment amount, calculated based upon all fees and all 260 anticipated fees, service charges, court costs, and fines, is 261 presumed to correspond to the persons ability to pay if the 262 amount does not exceed 2 percent of the persons annual net 263 income, as defined in s. 27.52(1), divided by 12 or $25, 264 whichever is greater. Any amount required by the clerk as down 265 payment to initially establish a payment plan may not be more 266 than 10 percent of the total amount owed or $100, whichever is 267 less. Such amount does not include the imposition of a per month 268 service charge pursuant to s. 28.24(27)(b) or the imposition of 269 a one-time administrative processing service charge each time a 270 payment plan is established pursuant to s. 28.24(27)(c). The 271 clerk shall establish all terms of a payment plan, and the court 272 may review the reasonableness of the payment plan. 273 Section 3.Paragraph (c) of subsection (2) of section 274 28.35, Florida Statutes, is amended to read: 275 28.35Florida Clerks of Court Operations Corporation. 276 (2)The duties of the corporation shall include the 277 following: 278 (c)1.Recommending to the Legislature changes in the 279 amounts and distribution of the various court-related fines, 280 fees, service charges, and costs established by law to ensure 281 reasonable and adequate funding of the clerks of the court in 282 the performance of their court-related functions. 283 2.Recommending to the Legislature the total cost 284 associated with clerk support of circuit and county judges 285 statewide, based on a formula approved by the corporation, for 286 consideration each year in which the Legislature authorizes the 287 establishment of new county court judgeships under s. 34.022 or 288 new circuit court judgeships under s. 26.031. 289 Section 4.Paragraph (c) of subsection (1) of section 290 34.041, Florida Statutes, is amended to read: 291 34.041Filing fees. 292 (1) 293 (c)A party in addition to a party described in paragraph 294 (a) who files a pleading in an original civil action in the 295 county court for affirmative relief by cross-claim, 296 counterclaim, counterpetition, or third-party complaint, or who 297 files a notice of cross-appeal or notice of joinder or motion to 298 intervene as an appellant, cross-appellant, or petitioner, shall 299 pay the clerk of court a fee of $295 if the relief sought by the 300 party under this paragraph exceeds $2,500 but is not more than 301 $15,000 and $395 if the relief sought by the party under this 302 paragraph exceeds $15,000. The clerk shall deposit remit the 303 fee, if the relief sought by the party under this paragraph 304 exceeds $2,500 but is not more than $15,000, to the Department 305 of Revenue for deposit into the fine and forfeiture fund 306 established pursuant to s. 142.01 General Revenue Fund. This fee 307 does not apply if the cross-claim, counterclaim, 308 counterpetition, or third-party complaint requires transfer of 309 the case from county to circuit court. However, the party shall 310 pay to the clerk the standard filing fee for the court to which 311 the case is to be transferred. 312 Section 5.Paragraphs (a) and (d) of subsection (2) of 313 section 57.082, Florida Statutes, are amended to read: 314 57.082Determination of civil indigent status. 315 (2)DETERMINATION BY THE CLERK.The clerk of the court 316 shall determine whether an applicant seeking such designation is 317 indigent based upon the information provided in the application 318 and the criteria prescribed in this subsection. 319 (a)1.An applicant, including an applicant who is a minor 320 or an adult tax-dependent person, is indigent if the applicants 321 income is equal to or below 200 percent of the then-current 322 federal poverty guidelines prescribed for the size of the 323 household of the applicant by the United States Department of 324 Health and Human Services. 325 2.There is a presumption that the applicant is not 326 indigent if the applicant owns, or has equity in, any intangible 327 or tangible personal property or real property or the expectancy 328 of an interest in any such property having a net equity value of 329 $2,500 or more, excluding the value of the persons homestead 330 and one vehicle having a net value not exceeding $5,000. 331 3.Notwithstanding the information provided by the 332 applicant, the clerk may conduct a review of the property 333 records for the county in which the applicant resides and the 334 motor vehicle title records of this state to identify any 335 property interests of the applicant under this paragraph. The 336 clerk may evaluate and consider the results of the review in 337 making a determination under this subsection. If a review is 338 conducted, the clerk must maintain the results of the review in 339 a file with the application and provide the file to the court if 340 an applicant seeks review under subsection (4) of the clerks 341 determination of indigent status. 342 (d)The duty of the clerk in determining whether an 343 applicant is indigent is limited to receiving the application 344 and comparing the information provided in the application to the 345 criteria prescribed in this subsection. The determination of 346 indigent status is a ministerial act of the clerk and not a 347 decision may not be based on further investigation, other than 348 the review authorized under this subsection, or the exercise of 349 independent judgment by the clerk. The clerk may contract with 350 third parties to perform functions assigned to the clerk under 351 this section. 352 Section 6.Subsection (5) of section 318.14, Florida 353 Statutes, is amended to read: 354 318.14Noncriminal traffic infractions; exception; 355 procedures. 356 (5)Any person electing to appear before the designated 357 official or who is required so to appear is shall be deemed to 358 have waived his or her right to the civil penalty provisions of 359 s. 318.18. The official, after a hearing, shall make a 360 determination as to whether an infraction has been committed. If 361 the commission of an infraction has been proven, the official 362 may impose a civil penalty not to exceed $500, but no less than 363 the amount of the civil penalty provisions of s. 318.18, except 364 that in cases involving unlawful speed in a school zone or 365 involving unlawful speed in a construction zone, the civil 366 penalty may not exceed $1,000; or require attendance at a driver 367 improvement school, or both. If the person is required to appear 368 before the designated official pursuant to s. 318.19(1) and is 369 found to have committed the infraction, the designated official 370 must shall impose a civil penalty of $1,000 in addition to any 371 other penalties and the persons driver license shall be 372 suspended for 6 months. If the person is required to appear 373 before the designated official pursuant to s. 318.19(2) and is 374 found to have committed the infraction, the designated official 375 must shall impose a civil penalty of $500 in addition to any 376 other penalties and the persons driver license shall be 377 suspended for 3 months. If the official determines that no 378 infraction has been committed, no costs or penalties shall be 379 imposed and any costs or penalties that have been paid shall be 380 returned. Moneys received from the mandatory civil penalties 381 imposed pursuant to this subsection upon persons required to 382 appear before a designated official pursuant to s. 318.19(1) or 383 (2) must shall be remitted to the Department of Revenue and 384 deposited into the Department of Health Emergency Medical 385 Services Trust Fund to provide financial support to certified 386 trauma centers to assure the availability and accessibility of 387 trauma services throughout this the state. Funds deposited into 388 the Emergency Medical Services Trust Fund under this section 389 shall be allocated as follows: 390 (a)Fifty percent shall be allocated equally among all 391 Level I, Level II, and pediatric trauma centers in recognition 392 of readiness costs for maintaining trauma services. 393 (b)Fifty percent shall be allocated among Level I, Level 394 II, and pediatric trauma centers based on each centers relative 395 volume of trauma cases as calculated using the hospital 396 discharge data collected pursuant to s. 408.061. 397 Section 7.Subsection (2) of section 322.29, Florida 398 Statutes, is amended, and subsection (3) is added to that 399 section, to read: 400 322.29Surrender and return of license. 401 (2)Notwithstanding subsection (1), an examination is not 402 required for the return of a license suspended under s. 318.15 403 or s. 322.245 unless an examination is otherwise required by 404 this chapter. A person applying for the return of a license 405 suspended under s. 318.15 or s. 322.245 shall must present to 406 the department certification from the court that he or she has 407 complied with all obligations and penalties imposed pursuant to 408 s. 318.15 or, in the case of a suspension pursuant to s. 409 322.245, that he or she has complied with all directives of the 410 court and the requirements of s. 322.245 and shall pay to the 411 department a nonrefundable service fee of $60, of which $37.50 412 must shall be deposited into the General Revenue Fund and $22.50 413 must shall be deposited into the Highway Safety Operating Trust 414 Fund. If reinstated by the clerk of the court or tax collector, 415 $37.50 must shall be retained and $22.50 must shall be remitted 416 to the Department of Revenue for deposit into the Highway Safety 417 Operating Trust Fund. However, the service fee is not required 418 if the person is required to pay a $45 fee or $75 fee under s. 419 322.21(8). 420 (3)The department shall coordinate with the clerks of 421 court, through their association, to ensure the capability 422 within their technology systems for clerks of court to reinstate 423 suspended driver licenses for failure to pay court obligations. 424 Section 8.Paragraph (d) of subsection (8) of section 425 394.459, Florida Statutes, is amended to read: 426 394.459Rights of patients. 427 (8)HABEAS CORPUS. 428 (d)A No fee may not shall be charged for the filing of a 429 petition under this subsection. However, subject to legislative 430 appropriation, the clerk of the circuit court may, on a 431 quarterly basis, submit to the Justice Administrative Commission 432 a certified request for reimbursement for petitions under this 433 subsection, at the rate of $40 per petition. The request for 434 reimbursement must be submitted in the form and manner 435 prescribed by the Justice Administrative Commission. 436 Additionally, the Clerks of the Court Operations Corporation 437 shall develop on an annual basis a budget request for the 438 anticipated amount necessary for reimbursement. The request is 439 not subject to change by the Justice Administrative Commission, 440 and it shall be submitted to the Governor for transmittal to the 441 Legislature. 442 Section 9.Paragraph (a) of subsection (2) of section 443 394.463, Florida Statutes, is amended to read: 444 394.463Involuntary examination. 445 (2)INVOLUNTARY EXAMINATION. 446 (a)An involuntary examination may be initiated by any one 447 of the following means: 448 1.A circuit or county court may enter an ex parte order 449 stating that a person appears to meet the criteria for 450 involuntary examination and specifying the findings on which 451 that conclusion is based. The ex parte order for involuntary 452 examination must be based on written or oral sworn testimony 453 that includes specific facts that support the findings. If other 454 less restrictive means are not available, such as voluntary 455 appearance for outpatient evaluation, a law enforcement officer, 456 or other designated agent of the court, shall take the person 457 into custody and deliver him or her to an appropriate, or the 458 nearest, facility within the designated receiving system 459 pursuant to s. 394.462 for involuntary examination. The order of 460 the court shall be made a part of the patients clinical record. 461 A fee may not be charged for the filing of an order under this 462 subsection. However, subject to legislative appropriation, the 463 clerk of the circuit court may, on a quarterly basis, submit to 464 the Justice Administrative Commission a certified request for 465 reimbursement for orders under this subsection, at the rate of 466 $40 per order. The request for reimbursement must be submitted 467 in the form and manner prescribed by the Justice Administrative 468 Commission. Additionally, the Clerks of the Court Operations 469 Corporation shall develop on an annual basis a budget request 470 for the anticipated amount necessary for reimbursement. The 471 request is not subject to change by the Justice Administrative 472 Commission, and it shall be submitted to the Governor for 473 transmittal to the Legislature. A facility accepting the patient 474 based on this order must send a copy of the order to the 475 department within 5 working days. The order may be submitted 476 electronically through existing data systems, if available. The 477 order shall be valid only until the person is delivered to the 478 facility or for the period specified in the order itself, 479 whichever comes first. If a time limit is not specified in the 480 order, the order is valid for 7 days after the date that the 481 order was signed. 482 2.A law enforcement officer shall take a person who 483 appears to meet the criteria for involuntary examination into 484 custody and deliver the person or have him or her delivered to 485 an appropriate, or the nearest, facility within the designated 486 receiving system pursuant to s. 394.462 for examination. The 487 officer shall execute a written report detailing the 488 circumstances under which the person was taken into custody, 489 which must be made a part of the patients clinical record. Any 490 facility accepting the patient based on this report must send a 491 copy of the report to the department within 5 working days. 492 3.A physician, a physician assistant, a clinical 493 psychologist, a psychiatric nurse, an advanced practice 494 registered nurse registered under s. 464.0123, a mental health 495 counselor, a marriage and family therapist, or a clinical social 496 worker may execute a certificate stating that he or she has 497 examined a person within the preceding 48 hours and finds that 498 the person appears to meet the criteria for involuntary 499 examination and stating the observations upon which that 500 conclusion is based. If other less restrictive means, such as 501 voluntary appearance for outpatient evaluation, are not 502 available, a law enforcement officer shall take into custody the 503 person named in the certificate and deliver him or her to the 504 appropriate, or nearest, facility within the designated 505 receiving system pursuant to s. 394.462 for involuntary 506 examination. The law enforcement officer shall execute a written 507 report detailing the circumstances under which the person was 508 taken into custody. The report and certificate shall be made a 509 part of the patients clinical record. Any facility accepting 510 the patient based on this certificate must send a copy of the 511 certificate to the department within 5 working days. The 512 document may be submitted electronically through existing data 513 systems, if applicable. 514 515 When sending the order, report, or certificate to the 516 department, a facility shall, at a minimum, provide information 517 about which action was taken regarding the patient under 518 paragraph (g), which information shall also be made a part of 519 the patients clinical record. 520 Section 10.Subsection (3) of section 394.467, Florida 521 Statutes, is amended to read: 522 394.467Involuntary inpatient placement. 523 (3)PETITION FOR INVOLUNTARY INPATIENT PLACEMENT.The 524 administrator of the facility shall file a petition for 525 involuntary inpatient placement in the court in the county where 526 the patient is located. Upon filing, the clerk of the court 527 shall provide copies to the department, the patient, the 528 patients guardian or representative, and the state attorney and 529 public defender of the judicial circuit in which the patient is 530 located. A fee may not be charged for the filing of a petition 531 under this subsection. However, subject to legislative 532 appropriation, the clerk of the circuit court may, on a 533 quarterly basis, submit to the Justice Administrative Commission 534 a certified request for reimbursement for petitions under this 535 subsection, at the rate of $40 per petition. The request for 536 reimbursement must be submitted in the form and manner 537 prescribed by the Justice Administrative Commission. 538 Additionally, the Clerks of the Court Operations Corporation 539 shall develop on an annual basis a budget request for the 540 anticipated amount necessary for reimbursement. The request is 541 not subject to change by the Justice Administrative Commission, 542 and it shall be submitted to the Governor for transmittal to the 543 Legislature. 544 Section 11.Subsection (3) of section 394.917, Florida 545 Statutes, is amended to read: 546 394.917Determination; commitment procedure; mistrials; 547 housing; counsel and costs in indigent appellate cases. 548 (3)The public defender of the circuit in which a person 549 was determined to be a sexually violent predator shall be 550 appointed to represent the person on appeal. That public 551 defender may request the public defender who handles criminal 552 appeals for the circuit to represent the person on appeal in the 553 manner provided in s. 27.51(4). If the public defender is unable 554 to represent the person on appeal due to a conflict, the court 555 shall appoint other counsel, who shall be compensated at a rate 556 not less than that provided for appointed counsel in criminal 557 cases. Filing fees for indigent appeals under this act are 558 waived. Costs and fees related to such appeals, including the 559 amounts paid for records, transcripts, and compensation of 560 appointed counsel, shall be authorized by the trial court and 561 paid from state funds that are appropriated for such purposes. 562 However, subject to legislative appropriation, the clerk of the 563 circuit court may, on a quarterly basis, submit to the Justice 564 Administrative Commission a certified request for reimbursement 565 for petitions under this subsection, at the rate of $40 per 566 petition. The request for reimbursement must be submitted in the 567 form and manner prescribed by the Justice Administrative 568 Commission. Additionally, the Clerks of the Court Operations 569 Corporation shall develop on an annual basis a budget request 570 for the anticipated amount necessary for reimbursement. The 571 request is not subject to change by the Justice Administrative 572 Commission, and it shall be submitted to the Governor for 573 transmittal to the Legislature. 574 Section 12.Section 397.6814, Florida Statutes, is amended 575 to read: 576 397.6814Involuntary assessment and stabilization; contents 577 of petition.A petition for involuntary assessment and 578 stabilization must contain the name of the respondent, the name 579 of the applicant or applicants, the relationship between the 580 respondent and the applicant, and the name of the respondents 581 attorney, if known, and must state facts to support the need for 582 involuntary assessment and stabilization, including: 583 (1)The reason for the petitioners belief that the 584 respondent is substance abuse impaired; 585 (2)The reason for the petitioners belief that because of 586 such impairment the respondent has lost the power of self 587 control with respect to substance abuse; and 588 (3)(a)The reason the petitioner believes that the 589 respondent has inflicted or is likely to inflict physical harm 590 on himself or herself or others unless admitted; or 591 (b)The reason the petitioner believes that the 592 respondents refusal to voluntarily receive care is based on 593 judgment so impaired by reason of substance abuse that the 594 respondent is incapable of appreciating his or her need for care 595 and of making a rational decision regarding that need for care. 596 If the respondent has refused to submit to an assessment, such 597 refusal must be alleged in the petition. 598 599 A fee may not be charged for the filing of a petition pursuant 600 to this section. However, subject to legislative appropriation, 601 the clerk of the circuit court may, on a quarterly basis, submit 602 to the Justice Administrative Commission a certified request for 603 reimbursement for petitions under this section, at the rate of 604 $40 per petition. The request for reimbursement must be 605 submitted in the form and manner prescribed by the Justice 606 Administrative Commission. Additionally, the Clerks of the Court 607 Operations Corporation shall develop on an annual basis a budget 608 request for the anticipated amount necessary for reimbursement. 609 The request is not subject to change by the Justice 610 Administrative Commission, and it shall be submitted to the 611 Governor for transmittal to the Legislature. 612 Section 13.This act shall take effect July 1, 2022.