CS/SB 1718--state judicial system.This budget conforming bill changes various laws related to the state courts system. More specifically, it: amends AMENDS. A satisfaction, given by a wrong doer to the party injured for a wrong committed. 1 Lilly's Reg. 81. 2. By statute 24 Geo. II. c. 44, in England, and by similar statutes in some of the United States, justices of the peace, upon being notified of an [section]26.57, F.S., to allow the courts to pay a county judge at the circuit judge salary for that time the county judge presides over circuit court--subject to the availability of funds; amends [section]27.511, F.S., to remove the expiration EXPIRATION. Cessation; end. As, the expiration of, a lease, of a contract, or statute. 2. In general, the expiration of a contract puts an end to all the engagements of the parties, except to those which arise from the non- fulfillment of obligations created of the authorization for part-time assistant regional conflict counsel to have a private criminal law practice--such counsel may not take cases where there is a legal or ethical conflict, and assistant regional conflict counsel continue to be prohibited pro·hib·it tr.v. pro·hib·it·ed, pro·hib·it·ing, pro·hib·its 1. To forbid by authority: Smoking is prohibited in most theaters. See Synonyms at forbid. 2. from taking private court appointed counsel cases paid by the state under [section]27.5304, F.S.; amends [section]27.562, F.S., to direct that all funds collected on behalf of the public defender public defender, governmental official who represents indigent persons accused of crime. U.S. Supreme Court decisions expanding the right to counsel to pretrial proceedings and holding that a person cannot be sentenced to even one day in jail unless a lawyer was for the cost of defense as well as the indigent indigent 1) n. a person so poor and needy that he/she cannot provide the necessities of life (food, clothing, decent shelter) for himself/herself. 2) n. one without sufficient income to afford a lawyer for defense in a criminal case. application fee be deposited in the Indigent Criminal Defense Trust Fund; effective June 1, 2009, amends [section]28.2401, F.S., to rename Re`name´ v. t. 1. To give a new name to. Verb 1. rename - assign a new name to; "Many streets in the former East Germany were renamed in 1990" certain probate probate (prō`bāt), in law, the certification by a court that a will is valid. Probate, which is governed by various statutes in the several states of the United States, is required before the will can take effect. service charges as filing fees, and increases such fees by $115--the additional amount of the fee is to be deposited in the State Courts Revenue Trust Fund for appropriations to the state court system; effective June 1, 2009, amends [section]28.241 relating to relating to relate prep → concernant relating to relate prep → bezüglich +gen, mit Bezug auf +acc circuit civil filing fees--except for family law cases in chs. 39, 61, 741, 742, 747, 752, or 753, F.S., the circuit civil filing fee is increased from $295 to $395, with such increase to be deposited in the State Courts Revenue Trust Fund for appropriations to the state court system, and $80 of the circuit civil filing fee to be redirected from the clerk of the courts to the State Courts Revenue Trust Fund; effective June 1, 2009, creates a graduated filing fee for real property or mortgage foreclosure foreclosure Legal proceeding by which a borrower's rights to a mortgaged property may be extinguished if the borrower fails to live up to the obligations agreed to in the loan contract. cases--with the filing fee at $395 where the amount in controversy is $50,000 or less, $900 where the amount in controversy is more than $50,000 but less than $250,000, and $1,900 where the amount in controversy is $250,000 or more (the value of the case with respect to a mortgage foreclosure action includes the principal due, interest owed, and any advances by the lender such as for property taxes or insurance) and the increase in the filing fees over the current amount of $295 is to be deposited in the State Courts Revenue Trust Fund for appropriations to the state court system (the party must estimate the amount in controversy in filing the action and, if the amount is different in the final disposition, the clerk shall adjust the filing fee accordingly); effective June 1, 2009, clarifies that counter petitions, along with cross-claims, counterclaims, and third party complaints, must pay increased filing fee of $395, except in the case of family law cases where the fee remains $295; effective June 1, 2009, increases the filing fee for cross-claims, counter petitions, counterclaims, and third party complaints from $295 to $395--to be deposited in the General Revenue Fund; effective June 1, 2009, requires that parties who file cross-claims, counter petitions, counterclaims, or third party complaints related to real property or mortgage foreclosure cases would pay the $900 where the amount in controversy is more than $50,000 but less than $250,000 and $1,900 where the amount in controversy is $250,000 or more; amends [section]28.33, F.S., to specify that interest earned on county funds invested by the clerk shall be deemed income of the county and may be appropriated by the Board of County Commissioners pursuant to ch. 129, F.S.; amends [section]34.041, F.S., to create a reduced filing fee of $125 (rather than $170) for county court claims not exceeding $1,000 where there is also a simultaneous filing for replevin A legal action to recover the possession of items of Personal Property. Replevin is one of the oldest Forms of Action known to Common Law, first appearing about the beginning of the thirteenth century. of property that is the subject of the claim; further amends [section]34.041, F.S., to reduce the county court filing fee for a removal of tenant action from $265 to $180--reducing the amount of such fees going to the Mediation mediation, in law, type of intervention in which the disputing parties accept the offer of a third party to recommend a solution for their controversy. Mediation has long been a part of international law, frequently involving the use of an international commission, and Arbitration Trust Fund from $15 to $10 from such fees, and eliminating language requiring one-third of all filing fees to be deposited in the Department of Revenue Clerk of Court Clerk of Court clerk n → Protokollführer(in) m(f) Trust Fund; further amends [section]34.041, F.S., to clarify that counter petitions in county court are also subject to the cross-claim, counterclaim A claim by a defendant opposing the claim of the plaintiff and seeking some relief from the plaintiff for the defendant. A counterclaim contains assertions that the defendant could have made by starting a lawsuit if the plaintiff had not already begun the action. and third-party complaint filing fees; amends [section]57.081, F.S., to relieve indigent persons from paying civil filing fees--with conforming changes to [section]57.082, F.S., requiring payment plans for amounts due from indigent persons; makes further conforming changes to [section]318.121, F.S., for the new $12.50 administrative fee from the 2008 Session and the $10 Article V fee from 2009 Special Session A; amends [section]318.15, F. S., to assess an $18 processing fee when a person elects to take a driver improvement course but fails to complete the course--the fee would be retained by the clerk of court; amends [section]318.18, F.S. to provide that the new $12.50 administrative fee from the 2008 session and the $10 Article V fee from 2009 Special Session A be paid for violations of chs. 320 and 322, F.S., relating to motor vehicle licenses and driver's licenses Noun 1. driver's license - a license authorizing the bearer to drive a motor vehicle driver's licence, driving licence, driving license license, permit, licence - a legal document giving official permission to do something ; reenacts [section]318.21(18) & (19), F.S., relating to new $12.50 administrative fee from the 2008 Session and the $10 Article V fee from 2009 Special Session A, to incorporate amendments made by the bill; amends [section]939.185, F.S., to provide that an order imposing a local cost upon conviction of certain criminal offenses or criminal traffic offenses constitutes a lien lien, claim or charge held by one party, on property owned by a second party, as security for payment of some debt, obligation, or duty owed by that second party. that attaches to real property of the person in the county where the order is recorded and attaches to personal property owned by the person in the state upon filing a judgment lien Noun 1. judgment lien - lien on a debtor's property that is granted to a creditor by court judgment; lien may be enforced by having the sheriff seize the property and hold a sheriff's sale lien - the right to take another's property if an obligation is not discharged certificate with the Department of State (superseding superseding taking over a case of a patient under treatment by another veterinarian. In general terms this is poor professional etiquette unless the other veterinarian has been consulted and agrees to the change. a similar provision passed in SB 412); requires the Clerks of Court Operations Corporation to identify funds in excess of what is needed in the Clerk of Courts Trust Fund to fund the approved clerk budgets to the General Appropriations Act by June 20th each year and requires the Justice Administrative Commission to make a transfer of this amount to the General Revenue Fund by June 25th of each year; requires the clerks of court to implement an electronic filing process by March 1, 2010, to reduce judicial costs in the office of the clerk and the judiciary, improve the timeliness of case processing, and provide the judiciary with case-related information--the Supreme Court is requested to set statewide standards for electronic filing by July 1, 2009, and the clerks are to begin implementation by October 1, 2009. The bill also requires the Clerks of Court Operations Corporation to report to the legislature by March 1, 2010, the progress of electronic filing. It also allows revenues authorized au·thor·ize tr.v. au·thor·ized, au·thor·iz·ing, au·thor·iz·es 1. To grant authority or power to. 2. To give permission for; sanction: for court system information technology in [section]28.24, F.S., to be used to implement electronic filing. Additionally, the bill: specifies the Legislature's intent for the 1st District Court of Appeal to implement electronic filing for workers' compensation workers' compensation, payment by employers for some part of the cost of injuries, or in some cases of occupational diseases, received by employees in the course of their work. appeals, with a report by the court to the Legislature nine months after implementation; provides that, notwithstanding [section]28.36, F.S., relating to how budgets are approved for clerks of court, the statewide amount for all clerk budgets shall be set at $451 million for the state FY 2009-2010. This section is contingent upon Adj. 1. contingent upon - determined by conditions or circumstances that follow; "arms sales contingent on the approval of congress" contingent on, dependant on, dependant upon, dependent on, dependent upon, depending on, contingent SB 2108 not becoming a law; requires by January 15, 2010, a report by the Legislature's Office of Program Policy Analysis and Government Accountability on how to improve the efficiency of the operations of the clerks of court and the state court system--superseding similar provisions in SB 2108; requires the Legislature's Technology Review Workgroup to develop a plan for options to implement an integrated computer system for the state court system--superseding similar provisions in SB 2108; and requires the Clerks of Court Operations Corporation to report all information technology purchases by clerks of more than $25,000 to the Legislature--also superseding similar provisions in SB 2108. Finally, the measure directs the Legislature's Division of Statutory Revision to read SB 2108 and SB 1718 together if both become law and make amendments accordingly. Provides that the effective date for SB 2108, relating to budgeting for the clerks of court, shall be July 1, 2009, rather than upon becoming a law. These provisions were approved by the Governor. Ch. 09-61, L.O.F. |
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