reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title V - Judicial Branch › Chapter 40 - Juries; Payment of Jurors and Due Process Costs › 40.23 - Summoning Jurors.

40.23 Summoning jurors.—
(1) The clerk of the court shall generate a venire as prescribed in s. 40.221 and shall summon the persons named in such venire to attend court as jurors at least 14 days prior to the sitting of such court by mailing to each person so named in the venire a written notice, addressed to his or her place of residence, and placing such notice in the United States mail with sufficient postage to carry the same. Upon order of the court, jurors may be summoned with less than 14 days’ notice.
(2) The jury service of any person who has been summoned may be postponed for a period not to exceed 6 months upon written or oral request. However, if either a public health emergency has been declared by the State Health Officer pursuant to s. 381.00315 or a state of emergency has been declared by the Governor pursuant to s. 252.36(2), the jury service of any person who has been summoned may be postponed for a period not to exceed 12 months upon written or oral request. The request may specify a date or period of time to which service is to be postponed and, if so, shall be given consideration when the assignment of the postponed date of jury service is made.
(3) Any person who is duly summoned to attend as a juror in any court and who fails to attend without any sufficient excuse shall pay a fine not to exceed $100, which fine shall be imposed by the court to which the juror was summoned, and, in addition, such failure may be considered a contempt of court.
History.—s. 8, ch. 1628, 1868; RS 1155; GS 1585; RGS 2787; s. 1, ch. 9167, 1923; CGL 4464; s. 2, ch. 16410, 1933; s. 1, ch. 22766, 1945; s. 3, ch. 71-67; s. 7, ch. 79-235; s. 249, ch. 95-147; s. 8, ch. 2021-230.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 40 - Juries; Payment of Jurors and Due Process Costs › 40.231 - Jury Pools.

40.231 Jury pools.—When persons named in a jury venire generated by the clerk are summoned to attend a court as jurors, they may be placed in a jury pool from which the court may draw persons to serve as jurors. Persons placed in said jury pool may, when authorized by the court as an alternative to attending court, list a telephone number with the clerk of the court to which summoned, to be on call on an hour’s notice.
History.—s. 2, ch. 72-308; s. 1, ch. 76-118; s. 8, ch. 79-235.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 40 - Juries; Payment of Jurors and Due Process Costs › 40.235 - Juror Accommodations.

40.235 Juror accommodations.—Whenever jurors are required by law or by order of court to be kept together during the conduct of a trial or while considering their verdict, or whenever by order of court lodging is required to be furnished juries, separate lodging and restroom facilities shall be provided for jurors of different sexes; and, under contemplation of law, jurors shall be deemed to have been kept together whenever the jurors of different sexes occupy the accommodations provided for their respective sexes.
History.—s. 9, ch. 79-235.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 40 - Juries; Payment of Jurors and Due Process Costs › 40.26 - Meals and Lodging for Jurors.

40.26 Meals and lodging for jurors.—The sheriff, when required by order of the court, shall provide juries with meals and lodging, the expense to be paid by the clerk of the circuit court.
History.—s. 1, ch. 3860, 1889; RS 1162; GS 1587; s. 10, ch. 7838, 1919; RGS 2789; CGL 4475; s. 15, ch. 2008-111.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 40 - Juries; Payment of Jurors and Due Process Costs › 40.271 - Jury Service.

40.271 Jury service.—
(1) No person summoned to serve on any grand or petit jury in this state, or accepted to serve on any grand or petit jury in this state, shall be dismissed from employment for any cause because of the nature or length of service upon such jury.
(2) Threats of dismissal from employment for any cause, by an employer or his or her agent to any person summoned for jury service in this state, because of the nature or length of service upon such jury may be deemed a contempt of the court from which the summons issued.
(3) A civil action by the individual who has been dismissed may be brought in the courts of this state for any violation of this section, and said individual shall be entitled to collect not only compensatory damages, but, in addition thereto, punitive damages and reasonable attorney fees for violation of this act.
History.—s. 2, ch. 74-379; s. 11, ch. 79-235; s. 251, ch. 95-147.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 40 - Juries; Payment of Jurors and Due Process Costs › 40.31 - Justice Administrative Commission May Apportion Appropriation.

40.31 Justice Administrative Commission may apportion appropriation.—If the Justice Administrative Commission has reason to believe that the amount appropriated by the Legislature is insufficient to meet the expenses of witnesses during the remaining part of the state fiscal year, the commission may apportion the money in the treasury for that purpose among the several counties, basing such apportionment upon the amount expended for the payment of witnesses in each county during the prior fiscal year. In such case, each county shall be paid by warrant, issued by the Chief Financial Officer, only the amount so apportioned to each county, and, when the amount so apportioned is insufficient to pay in full all the witnesses during a quarterly fiscal period, the clerk of the court shall apportion the money received pro rata among the witnesses entitled to pay and shall give to each witness a certificate of the amount of compensation still due, which certificate shall be held by the commission as other demands against the state.
History.—s. 3, ch. 4121, 1893; GS 1593; s. 3, ch. 7262, 1917; RGS 2795; CGL 4481; s. 3, ch. 65-483; s. 4, ch. 68-7; s. 9, ch. 73-334; s. 14, ch. 79-235; s. 254, ch. 95-147; s. 19, ch. 95-312; s. 94, ch. 2003-261; s. 17, ch. 2008-111.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 40 - Juries; Payment of Jurors and Due Process Costs › 40.32 - Clerks to Disburse Money; Payments to Jurors and Witnesses.

40.32 Clerks to disburse money; payments to jurors and witnesses.—
(1) All moneys drawn from the treasury under the provisions of this chapter by the clerk of the court shall be disbursed by the clerk of the court as far as needed in payment of witnesses, except for expert witnesses paid under a contract or other professional services agreement pursuant to ss. 29.004-29.007, for the legal compensation for service during the quarterly fiscal period for which the moneys were drawn and for no other purposes.
(2) The payment of jurors and the payment of expenses for meals and lodging for jurors under the provisions of this chapter are court-related functions that the clerk of the court shall fund from filing fees, service charges, court costs, and fines.
(3) Jurors and witnesses shall be paid by the clerk of the court in cash, by check, or by warrant within 20 days after completion of jury service or completion of service as a witness.
(a) If the clerk of the court pays a juror or witness by cash, the juror or witness shall sign the payroll in the presence of the clerk, a deputy clerk, or some other person designated by the clerk.
(b) If the clerk pays a juror or witness by warrant, he or she shall endorse on the payroll opposite the juror’s or witness’s name the words “Paid by warrant,” giving the number and date of the warrant.
History.—s. 4, ch. 4121, 1893; GS 1594; s. 4, ch. 7262, 1917; RGS 2796; CGL 4482; s. 1, ch. 59-88; s. 1, ch. 61-494; s. 4, ch. 65-483; s. 5, ch. 68-7; s. 9, ch. 73-334; s. 15, ch. 79-235; s. 255, ch. 95-147; s. 4, ch. 99-259; s. 39, ch. 2004-265; s. 18, ch. 2008-111; s. 1, ch. 2014-211; s. 8, ch. 2015-2.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 40 - Juries; Payment of Jurors and Due Process Costs › 40.33 - Deficiency.

40.33 Deficiency.—If the funds required for payment of the items enumerated in s. 40.29(1) in any county during a quarterly fiscal period exceeds the amount of the funds provided pursuant to s. 40.29(3), the state attorney, public defender, or criminal conflict and civil regional counsel, as applicable, shall make a further request upon the Justice Administrative Commission for the items enumerated in s. 40.29(1) for the amount necessary to allow for full payment.
History.—s. 5, ch. 4121, 1893; GS 1595; s. 5, ch. 7262, 1917; RGS 2797; CGL 4483; s. 5, ch. 65-483; s. 6, ch. 68-7; s. 9, ch. 73-334; s. 16, ch. 79-235; s. 256, ch. 95-147; s. 20, ch. 95-312; s. 95, ch. 2003-261; s. 40, ch. 2004-265; s. 19, ch. 2008-111.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 40 - Juries; Payment of Jurors and Due Process Costs › 40.34 - Clerks to Make Triplicate Payroll.

40.34 Clerks to make triplicate payroll.—
(1) The clerk of the court shall make out a payroll in triplicate for the payment of witnesses, which payroll shall contain:
(a) The name of each witness entitled to be paid with state funds;
(b) The number of days for which the witnesses are entitled to be paid;
(c) The number of miles traveled by each; and
(d) The total compensation each witness is entitled to receive.
(2) The form of such payroll shall be prescribed by the Chief Financial Officer.
(3) Compensation paid a witness shall be attested as provided in s. 40.32. The payroll shall be approved by the signature of the clerk, or his or her deputy, except for the payroll as to witnesses appearing before the state attorney, which payroll shall be approved by the signature of the state attorney or an assistant state attorney.
(4) The clerks of the courts shall forward two copies of such payrolls to the Justice Administrative Commission, within 2 weeks after the last day of the quarterly fiscal period, and the commission shall audit such payrolls.
History.—s. 6, ch. 4121, 1893; GS 1596; s. 6, ch. 7262, 1917; RGS 2798; CGL 4484; s. 1, ch. 25091, 1949; s. 1, ch. 61-494; s. 17, ch. 79-235; s. 257, ch. 95-147; s. 21, ch. 95-312; s. 96, ch. 2003-261; s. 20, ch. 2008-111.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 40 - Juries; Payment of Jurors and Due Process Costs › 40.355 - Accounting and Payment.

40.355 Accounting and payment.—The clerk of the court shall, within 2 weeks after the last day of the state’s quarterly fiscal period, render to the state attorney, the public defender, and the criminal conflict and civil regional counsel in each circuit a full statement of accounts for state moneys received and disbursed under this chapter for the payment of witnesses.
History.—s. 28, ch. 2005-236; s. 22, ch. 2008-111.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 40 - Juries; Payment of Jurors and Due Process Costs › 40.361 - Applicability of Laws Regarding State Budgeting and Finances.

40.361 Applicability of laws regarding state budgeting and finances.—The requirements contained within chapter 216, including the provisions of s. 216.192 related to release of funds, chapter 29, including ss. 29.015 and 29.016 related to use of contingency funds for due process services, and all other laws of this state relating to state budgeting and financing shall apply to all processes authorized or required under this chapter for the payment of the items enumerated in s. 40.29(1).
History.—s. 41, ch. 2004-265; s. 23, ch. 2008-111.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 40 - Juries; Payment of Jurors and Due Process Costs › 40.41 - Petit Jurors; Length of Service.

40.41 Petit jurors; length of service.—The length of the term of service for a petit juror shall not exceed 1 day unless the juror is assigned to or impaneled on a trial that is not completed in 1 day or unless the court orders otherwise. Petit jurors awaiting assignment to a trial must be discharged as early as possible after it has been determined that their services will not be needed.
History.—s. 6, ch. 21973, 1943; s. 3, ch. 92-297.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 40 - Juries; Payment of Jurors and Due Process Costs › 40.50 - Jury Duty and Instructions in Civil Cases.

40.50 Jury duty and instructions in civil cases.—
(1) In any civil action immediately after the jury is sworn, the court shall instruct the jury concerning its duties, its conduct, the order of proceedings, the procedure for submitting written questions of witnesses, and the legal issues involved in the proceeding.
(2) In any civil action which the court determines is likely to exceed 5 days, the court shall instruct that the jurors may take notes regarding the evidence and keep the notes to refresh their memories and to use during recesses and deliberations. The court may provide materials suitable for this purpose. The court should emphasize the confidentiality of the notes. After the jury has rendered its verdict, any notes shall be collected by the bailiff or clerk who shall promptly destroy them.
(3) The court shall permit jurors to submit to the court written questions directed to witnesses or to the court. The court shall give counsel an opportunity to object to such questions outside the presence of the jury. The court may, as appropriate, limit the submission of questions to witnesses.
(4) The court shall instruct the jury that any questions directed to witnesses or the court must be in writing, unsigned, and given to the bailiff. If the court determines that the juror’s question calls for admissible evidence, the question may be asked by court or counsel in the court’s discretion. Such question may be answered by stipulation or other appropriate means, including, but not limited to, additional testimony upon such terms and limitations as the court prescribes. If the court determines that the juror’s question calls for inadmissible evidence, the question shall not be read or answered. If the court rejects a juror’s question, the court should tell the jury that trial rules do not permit some questions and that the jurors should not attach any significance to the failure of having their question asked.
(5) The court may give final instructions to the jury before closing arguments of counsel to enhance jurors’ ability to apply the law to the facts. In that event, the court may withhold giving the necessary procedural and housekeeping instructions until after closing arguments.
History.—s. 1, ch. 99-225.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 43 - Courts: General Provisions › 43.18 - Money Paid Into Court; Withdrawal.

43.18 Money paid into court; withdrawal.—No moneys deposited as provided in
1
s. 43.17, shall be withdrawn except on the voucher or check signed by the clerk of the court if the court has an authorized clerk and if not, by the judge. Every voucher or check shall state the cause in or on account of which it is drawn.
History.—s. 2, ch. 15996, 1933; CGL 1936 Supp. 4355(2); s. 1, ch. 29655, 1955; s. 44, ch. 67-254.
1
Note.—Repealed by s. 2, ch. 73-282.
Note.—Former s. 54.05.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 43 - Courts: General Provisions › 43.20 - Judicial Qualifications Commission.

43.20 Judicial Qualifications Commission.—
(1) PURPOSE.—The purpose of this section is to implement s. 12(b), Art. V of the State Constitution which provides for a Judicial Qualifications Commission.
(2) MEMBERSHIP; TERMS.—The commission shall consist of 15 members. The members of the commission shall serve for terms of 6 years.
(3) VACANCIES.—An appointment to fill a vacancy shall be for the remainder of the term.
(4) SELECTION OF MEMBERS BY DISTRICT COURTS OF APPEAL JUDGES, CIRCUIT COURT JUDGES, COUNTY COURT JUDGES AND BOARD OF GOVERNORS OF THE FLORIDA BAR.—The members appointed by the judges of the district courts of appeal, the circuit judges, the county court judges, and the Board of Governors of The Florida Bar shall be selected by not less than a majority of the membership of the respective appointing groups.
(5) EXPENSES.—The compensation of members and referees shall be the travel expense or transportation and per diem allowance provided by s. 112.061.
History.—ss. 1, 2, 3, 4, ch. 67-163; s. 1, ch. 73-306; s. 34, ch. 81-259; s. 16, ch. 2014-182.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 43 - Courts: General Provisions › 43.26 - Chief Judge of Circuit; Selection; Powers.

43.26 Chief judge of circuit; selection; powers.—
(1) The chief judge of each judicial circuit, who shall be a circuit judge, shall exercise administrative supervision over all the trial courts within the judicial circuit and over the judges and other officers of such courts.
(2) The chief judge of the circuit shall have the power:
(a) To assign judges to any division of the court and to determine the length of the assignment;
(b) To regulate use of courtrooms;
(c) To supervise dockets and calendars;
(d) To require attendance of state attorneys, public defenders, clerks, bailiffs, and all other officers of the court; and
(e) To do everything necessary to promote the prompt and efficient administration of justice in the courts over which he or she is chief judge.
(f) To delegate to the trial court administrator, by administrative order, the authority to bind the circuit in contract.
(g) To manage, operate, and oversee the jury system as provided in s. 40.001.
(3) The chief judge shall be responsible to the Chief Justice of the Supreme Court for such information as may be required by the Chief Justice, including, but not limited to, caseload, status of dockets, and disposition of cases in the courts over which he or she presides.
(4) Failure of any judge, clerk, prosecutor, public defender, or other officer of the court to comply with an order or directive of the chief judge under this section shall constitute neglect of duty for which such officer may be suspended from office as provided by law.
(5) There may be a trial court administrator who shall perform such duties as the chief judge may direct.
(6) The chief judge of each circuit is charged by s. 2(d), Art. V of the State Constitution and this section with the authority to promote the prompt and efficient administration of justice in the courts over which he or she is chief judge. The clerks of court provide court-related functions which are essential to the orderly operation of the judicial branch. The chief judge of each circuit, after consultation with the clerk of court, shall determine the priority of services provided by the clerk of court to the trial court. The clerk of court shall manage the performance of such services in a method or manner that is consistent with statute, rule, or administrative order.
History.—s. 1, ch. 71-214; s. 1, ch. 77-119; s. 260, ch. 95-147; s. 65, ch. 2003-402; s. 30, ch. 2005-236.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 43 - Courts: General Provisions › 43.27 - Office Hours of Clerks of Court.

43.27 Office hours of clerks of court.—With the advice and consent of the chief judge of the circuit, the clerks of the courts of the several counties may establish the hours during which the office of clerk may be open to the public. The hours should conform as nearly as possible to the customary weekday hours of business prevailing in the county. The clerk may prescribe that the office be open such additional hours as public needs require. The clerk of court may not close any office of the clerk of court during customary weekday hours without the consent of the chief judge of the circuit.
History.—s. 1, ch. 72-238; s. 261, ch. 95-147; s. 9, ch. 2009-204.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 43 - Courts: General Provisions › 43.41 - Report of Judicial Disposition.

43.41 Report of judicial disposition.—Within 10 days after final judicial disposition of each traffic violation, including parking on a roadway outside the limits of a municipality, or other offense reported on the uniform traffic citation, as prescribed by s. 316.650, the clerk of the court in which the case was tried shall report the judicial disposition of such case to the Department of Highway Safety and Motor Vehicles on a copy of the uniform traffic citation, which form shall be consistent with the Florida Traffic Court rules. The clerks of the courts may submit judicial disposition data to the department in an automated fashion, in a form prescribed by the department, which form shall be consistent with the Florida Traffic Court rules and procedures established by the department. Those courts submitting data in an automated fashion will submit a copy of the uniform traffic citation in a manner prescribed by the department.
History.—s. 1, ch. 74-335; s. 1, ch. 79-99.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 43 - Courts: General Provisions › 43.42 - Judicial Acts Authorized on All Days, Including Sundays and Holidays.

43.42 Judicial acts authorized on all days, including Sundays and holidays.—Notwithstanding any law to the contrary, any judicial act may be taken or performed on any day of the week, including Sundays and holidays.
History.—s. 147, ch. 2003-402.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 43 - Courts: General Provisions › 43.43 - Terms of Courts.

43.43 Terms of courts.—The Supreme Court may establish terms of court for the Supreme Court, the district courts of appeal, and the circuit courts; may authorize district courts of appeal and circuit courts to establish their own terms of court; or may dispense with terms of court.
History.—s. 9, ch. 2013-25.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 43 - Courts: General Provisions › 43.44 - Mandate of an Appeals Court.

43.44 Mandate of an appeals court.—An appellate court may, as the circumstances and justice of the case may require, reconsider, revise, reform, or modify its own opinions and orders for the purpose of making the same accord with law and justice. Accordingly, an appellate court may recall its own mandate for the purpose of allowing it to exercise such jurisdiction and power in a proper case. A mandate may not be recalled more than 120 days after it has been issued.
History.—s. 10, ch. 2013-25.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 43 - Courts: General Provisions › 43.51 - Problem-Solving Court Reports.

43.51 Problem-solving court reports.—
(1) The Office of the State Courts Administrator shall provide an annual report to the President of the Senate and the Speaker of the House of Representatives which details the number of participants in each problem-solving court for each fiscal year the court has been operating and the types of services provided, identifies each source of funding for each court during each fiscal year, and provides information on the performance of each court based upon outcome measures established by the courts.
(2) For purposes of this section, the term “problem-solving court” includes, but is not limited to, a drug court pursuant to s. 397.334, s. 948.01, s. 948.06, s. 948.08, s. 948.16, or s. 948.20; a veterans treatment court program pursuant to s. 394.47891, s. 948.08, s. 948.16, or s. 948.21; a mental health court program pursuant to s. 394.47892, s. 948.01, s. 948.06, s. 948.08, or s. 948.16; a community court pursuant to s. 948.081; or a delinquency pretrial intervention court program pursuant to s. 985.345.
History.—s. 3, ch. 2019-167; s. 2, ch. 2021-240.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 44 - Mediation Alternatives to Judicial Action › 44.1011 - Definitions.

44.1011 Definitions.—As used in this chapter:
(1) “Arbitration” means a process whereby a neutral third person or panel, called an arbitrator or arbitration panel, considers the facts and arguments presented by the parties and renders a decision which may be binding or nonbinding as provided in this chapter.
(2) “Mediation” means a process whereby a neutral third person called a mediator acts to encourage and facilitate the resolution of a dispute between two or more parties. It is an informal and nonadversarial process with the objective of helping the disputing parties reach a mutually acceptable and voluntary agreement. In mediation, decisionmaking authority rests with the parties. The role of the mediator includes, but is not limited to, assisting the parties in identifying issues, fostering joint problem solving, and exploring settlement alternatives. “Mediation” includes:
(a) “Appellate court mediation,” which means mediation that occurs during the pendency of an appeal of a civil case.
(b) “Circuit court mediation,” which means mediation of civil cases, other than family matters, in circuit court. If a party is represented by counsel, the counsel of record must appear unless stipulated to by the parties or otherwise ordered by the court.
(c) “County court mediation,” which means mediation of civil cases within the jurisdiction of county courts, including small claims. Negotiations in county court mediation are primarily conducted by the parties. Counsel for each party may participate. However, presence of counsel is not required.
(d) “Dependency or in need of services mediation,” which means mediation of dependency, child in need of services, or family in need of services matters. Negotiations in dependency or in need of services mediation are primarily conducted by the parties. Counsel for each party may attend the mediation conference and privately communicate with their clients. However, presence of counsel is not required and, in the discretion of the mediator and with the agreement of the parties, mediation may proceed in the absence of counsel unless otherwise ordered by the court.
(e) “Family mediation” which means mediation of family matters, including married and unmarried persons, before and after judgments involving dissolution of marriage; property division; shared or sole parental responsibility; or child support, custody, and visitation involving emotional or financial considerations not usually present in other circuit civil cases. Negotiations in family mediation are primarily conducted by the parties. Counsel for each party may attend the mediation conference and privately communicate with their clients. However, presence of counsel is not required, and, in the discretion of the mediator, and with the agreement of the parties, mediation may proceed in the absence of counsel unless otherwise ordered by the court.
History.—s. 1, ch. 87-173; s. 1, ch. 90-188; s. 43, ch. 94-164; s. 54, ch. 95-280; s. 15, ch. 2023-8.
Note.—Former s. 44.301.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 44 - Mediation Alternatives to Judicial Action › 44.106 - Standards and Procedures for Mediators and Arbitrators; Fees.

44.106 Standards and procedures for mediators and arbitrators; fees.—
(1) The Supreme Court shall establish minimum standards and procedures for qualifications, certification, professional conduct, discipline, and training for mediators and arbitrators who are appointed pursuant to this chapter. The Supreme Court is authorized to set fees to be charged to applicants for certification and renewal of certification. The revenues generated from these fees shall be used to offset the costs of administration of the certification process. The Supreme Court may appoint or employ such personnel as are necessary to assist the court in exercising its powers and performing its duties under this chapter.
(2) An applicant for certification as a mediator shall undergo a security background investigation, which includes, but is not limited to, submitting a full set of fingerprints to the Department of Law Enforcement or to a vendor, entity, or agency authorized by s. 943.053. The vendor, entity, or agency shall forward the fingerprints to the department for state processing, and the department shall forward the fingerprints to the Federal Bureau of Investigation for national processing. Any vendor fee and state and federal processing fees shall be borne by the applicant. For records provided to a person or entity other than those excepted therein, the cost for state fingerprint processing is the fee authorized in s. 943.053(3)(e).
History.—s. 6, ch. 87-173; s. 6, ch. 90-188; s. 2, ch. 2019-98.
Note.—Former s. 44.306.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 44 - Mediation Alternatives to Judicial Action › 44.107 - Immunity for Arbitrators, Mediators, and Mediator Trainees.

44.107 Immunity for arbitrators, mediators, and mediator trainees.—
(1) Arbitrators serving under s. 44.103 or s. 44.104, mediators serving under s. 44.102, and trainees fulfilling the mentorship requirements for certification by the Supreme Court as a mediator shall have judicial immunity in the same manner and to the same extent as a judge.
(2) A person serving as a mediator in any noncourt-ordered mediation shall have immunity from liability arising from the performance of that person’s duties while acting within the scope of the mediation function if such mediation is:
(a) Required by statute or agency rule or order;
(b) Conducted under ss. 44.401-44.406 by express agreement of the mediation parties; or
(c) Facilitated by a mediator certified by the Supreme Court, unless the mediation parties expressly agree not to be bound by ss. 44.401-44.406.
The mediator does not have immunity if he or she acts in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property.
(3) A person serving under s. 44.106 to assist the Supreme Court in performing its disciplinary function shall have absolute immunity from liability arising from the performance of that person’s duties while acting within the scope of that person’s appointed function.
History.—s. 5, ch. 89-31; s. 7, ch. 90-188; s. 1, ch. 95-421; s. 2, ch. 2004-291.
Note.—Former s. 44.307.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 44 - Mediation Alternatives to Judicial Action › 44.108 - Funding of Mediation and Arbitration.

44.108 Funding of mediation and arbitration.—
(1) Mediation and arbitration should be accessible to all parties regardless of financial status. A filing fee of $1 is levied on all proceedings in the circuit or county courts to fund mediation and arbitration services which are the responsibility of the Supreme Court pursuant to the provisions of s. 44.106. The clerk of the court shall forward the moneys collected to the Department of Revenue for deposit in the State Courts Revenue Trust Fund.
(2) When court-ordered mediation services are provided by a circuit court’s mediation program, the following fees, unless otherwise established in the General Appropriations Act, shall be collected by the clerk of court:
(a) One-hundred twenty dollars per person per scheduled session in family mediation when the parties’ combined income is greater than $50,000, but less than $100,000 per year;
(b) Sixty dollars per person per scheduled session in family mediation when the parties’ combined income is less than $50,000; or
(c) Sixty dollars per person per scheduled session in county court cases involving an amount in controversy not exceeding $15,000.
No mediation fees shall be assessed under this subsection in residential eviction cases, against a party found to be indigent, or for any small claims action. Fees collected by the clerk of court pursuant to this section shall be remitted to the Department of Revenue for deposit into the State Courts Revenue Trust Fund to fund court-ordered mediation. The clerk of court may deduct $1 per fee assessment for processing this fee. The clerk of the court shall submit to the chief judge of the circuit and to the Office of the State Courts Administrator, no later than 30 days after the end of each quarter of the fiscal year, a report specifying the amount of funds collected and remitted to the State Courts Revenue Trust Fund under this section and any other section during the previous quarter of the fiscal year. In addition to identifying the total aggregate collections and remissions from all statutory sources, the report must identify collections and remissions by each statutory source.
History.—s. 6, ch. 89-31; s. 8, ch. 90-188; s. 6, ch. 91-152; s. 8, ch. 2001-122; s. 12, ch. 2001-380; s. 66, ch. 2003-402; s. 44, ch. 2004-265; s. 33, ch. 2005-236; s. 24, ch. 2008-111; s. 12, ch. 2010-153; s. 4, ch. 2011-133; s. 11, ch. 2019-58.
Note.—Former s. 44.308.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 44 - Mediation Alternatives to Judicial Action › 44.401 - Mediation Confidentiality and Privilege Act.

44.401 Mediation Confidentiality and Privilege Act.—Sections 44.401-44.406 may be known by the popular name the “Mediation Confidentiality and Privilege Act.”
History.—s. 4, ch. 2004-291.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 44 - Mediation Alternatives to Judicial Action › 44.402 - Scope.

44.402 Scope.—
(1) Except as otherwise provided, ss. 44.401-44.406 apply to any mediation:
(a) Required by statute, court rule, agency rule or order, oral or written case-specific court order, or court administrative order;
(b) Conducted under ss. 44.401-44.406 by express agreement of the mediation parties; or
(c) Facilitated by a mediator certified by the Supreme Court, unless the mediation parties expressly agree not to be bound by ss. 44.401-44.406.
(2) Notwithstanding any other provision, the mediation parties may agree in writing that any or all of s. 44.405(1), s. 44.405(2), or s. 44.406 will not apply to all or part of a mediation proceeding.
History.—s. 4, ch. 2004-291.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 44 - Mediation Alternatives to Judicial Action › 44.403 - Mediation Confidentiality and Privilege Act; Definitions.

44.403 Mediation Confidentiality and Privilege Act; definitions.—As used in ss. 44.401-44.406, the term:
(1) “Mediation communication” means an oral or written statement, or nonverbal conduct intended to make an assertion, by or to a mediation participant made during the course of a mediation, or prior to mediation if made in furtherance of a mediation. The commission of a crime during a mediation is not a mediation communication.
(2) “Mediation participant” means a mediation party or a person who attends a mediation in person or by telephone, video conference, or other electronic means.
(3) “Mediation party” or “party” means a person participating directly, or through a designated representative, in a mediation and a person who:
(a) Is a named party;
(b) Is a real party in interest; or
(c) Would be a named party or real party in interest if an action relating to the subject matter of the mediation were brought in a court of law.
(4) “Mediator” means a neutral, impartial third person who facilitates the mediation process. The mediator’s role is to reduce obstacles to communication, assist in identifying issues, explore alternatives, and otherwise facilitate voluntary agreements to resolve disputes, without prescribing what the resolution must be.
(5) “Subsequent proceeding” means an adjudicative process that follows a mediation, including related discovery.
History.—s. 4, ch. 2004-291.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 44 - Mediation Alternatives to Judicial Action › 44.404 - Mediation; Duration.

44.404 Mediation; duration.—
(1) A court-ordered mediation begins when an order is issued by the court and ends when:
(a) A partial or complete settlement agreement, intended to resolve the dispute and end the mediation, is signed by the parties and, if required by law, approved by the court;
(b) The mediator declares an impasse by reporting to the court or the parties the lack of an agreement;
(c) The mediation is terminated by court order, court rule, or applicable law; or
(d) The mediation is terminated, after party compliance with the court order to appear at mediation, by:
1. Agreement of the parties; or
2. One party giving written notice to all other parties in a multiparty mediation that the one party is terminating its participation in the mediation. Under this circumstance, the termination is effective only for the withdrawing party.
(2) In all other mediations, the mediation begins when the parties agree to mediate or as required by agency rule, agency order, or statute, whichever occurs earlier, and ends when:
(a) A partial or complete settlement agreement, intended to resolve the dispute and end the mediation, is signed by the parties and, if required by law, approved by the court;
(b) The mediator declares an impasse to the parties;
(c) The mediation is terminated by court order, court rule, or applicable law; or
(d) The mediation is terminated by:
1. Agreement of the parties; or
2. One party giving notice to all other parties in a multiparty mediation that the one party is terminating its participation in the mediation. Under this circumstance, the termination is effective only for the withdrawing party.
History.—s. 4, ch. 2004-291.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 44 - Mediation Alternatives to Judicial Action › 44.406 - Confidentiality; Civil Remedies.

44.406 Confidentiality; civil remedies.—
(1) Any mediation participant who knowingly and willfully discloses a mediation communication in violation of s. 44.405 shall, upon application by any party to a court of competent jurisdiction, be subject to remedies, including:
(a) Equitable relief.
(b) Compensatory damages.
(c) Attorney’s fees, mediator’s fees, and costs incurred in the mediation proceeding.
(d) Reasonable attorney’s fees and costs incurred in the application for remedies under this section.
(2) Notwithstanding any other law, an application for relief filed under this section may not be commenced later than 2 years after the date on which the party had a reasonable opportunity to discover the breach of confidentiality, but in no case more than 4 years after the date of the breach.
(3) A mediation participant shall not be subject to a civil action under this section for lawful compliance with the provisions of s. 119.07.
History.—s. 4, ch. 2004-291.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 45 - Civil Procedure: General Provisions › 45.011 - Definitions.

45.011 Definitions.—In all statutes about practice and procedure:
(1) “Bond with surety” means a bond with two good and sufficient sureties, each with unencumbered property not subject to any exemption afforded by law equal in value to the penal sum of the bond or a bond with a licensed surety company as surety or a cash deposit conditioned as for a bond.
(2) “Defendant” means any party against whom relief as referenced in subsection (3) is sought.
(3) “Plaintiff” means any party seeking affirmative relief whether plaintiff, counterclaimant, cross-claimant; or third-party plaintiff, counterclaimant or cross-claimant.
History.—s. 1, ch. 67-254; s. 16, ch. 2023-8.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 45 - Civil Procedure: General Provisions › 45.021 - Applicability.

45.021 Applicability.—Chapters 45-51, 55-57, 68 and 69 apply to all actions, whether heretofore at law or in chancery, unless specifically provided otherwise in such chapters or parts thereof.
History.—s. 1, ch. 67-254.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 45 - Civil Procedure: General Provisions › 45.0315 - Right of Redemption.

45.0315 Right of redemption.—At any time before the later of the filing of a certificate of sale by the clerk of the court or the time specified in the judgment, order, or decree of foreclosure, the mortgagor or the holder of any subordinate interest may cure the mortgagor’s indebtedness and prevent a foreclosure sale by paying the amount of moneys specified in the judgment, order, or decree of foreclosure, or if no judgment, order, or decree of foreclosure has been rendered, by tendering the performance due under the security agreement, including any amounts due because of the exercise of a right to accelerate, plus the reasonable expenses of proceeding to foreclosure incurred to the time of tender, including reasonable attorney’s fees of the creditor. Otherwise, there is no right of redemption.
History.—s. 2, ch. 93-250.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 45 - Civil Procedure: General Provisions › 45.035 - Clerk’s Fees.

45.035 Clerk’s fees.—In addition to other fees or service charges authorized by law, the clerk shall receive service charges related to the judicial sales procedure set forth in ss. 45.031-45.033 and this section:
(1) The clerk shall receive a service charge of $70, from which the clerk shall remit $10 to the Department of Revenue for deposit into the General Revenue Fund, for services in making, recording, and certifying the sale and title, which service charge shall be assessed as costs and shall be advanced by the plaintiff before the sale.
(2) If there is a surplus resulting from the sale, the clerk may receive the following service charges, which shall be deducted from the surplus:
(a) The clerk may withhold the sum of $28 from the surplus which may only be used for purposes of educating the public as to the rights of homeowners regarding foreclosure proceedings.
(b) The clerk is entitled to a service charge of $15 for each disbursement of surplus proceeds, from which the clerk shall remit $5 to the Department of Revenue for deposit into the General Revenue Fund.
(3) If the sale is conducted by electronic means, as provided in s. 45.031(10), the clerk shall receive an additional service charge not to exceed $70 for services in conducting or contracting for the electronic sale, which service charge shall be assessed as costs and paid when filing for an electronic sale date. If the clerk requires advance electronic deposits to secure the right to bid, such deposits are not subject to the fee under s. 28.24(11). The portion of an advance deposit from a winning bidder required by s. 45.031(3) shall, upon acceptance of the winning bid, be subject to the fee under s. 28.24(11).
History.—s. 5, ch. 2006-175; s. 25, ch. 2008-111; s. 2, ch. 2008-194; s. 3, ch. 2009-21; s. 10, ch. 2009-204; s. 7, ch. 2017-126; s. 6, ch. 2018-71; s. 12, ch. 2019-58; s. 8, ch. 2021-51; s. 17, ch. 2021-116.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 45 - Civil Procedure: General Provisions › 45.041 - Amendment of Bonds.

45.041 Amendment of bonds.—When any bond required or authorized in any action is defective in form or substance, the party giving the bond may give a new bond which is sufficient in form and substance and the new bond is as sufficient as though given in the first instance. The new bond may be given at any time before a motion attacking the sufficiency of the bond is served. Thereafter the new bond may be given by leave of court and on such terms as the court fixes. Leave to file an amended bond shall be freely given when justice so requires. If any amendment is made to a bond, the amended bond relates back to the commencement of the action and affords protection to the person in whose favor it is given from commencement although it was not theretofore binding on the surety.
History.—s. 1, ch. 67-254.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 45 - Civil Procedure: General Provisions › 45.045 - Limitations on Supersedeas Bond; Exception.

45.045 Limitations on supersedeas bond; exception.—
(1) Except for certified class actions subject to s. 768.733, in any civil action brought under any legal theory, the amount of a supersedeas bond necessary to obtain an automatic stay of execution of a judgment granting any type of relief during the entire course of all appeals or discretionary reviews, may not exceed $50 million for each appellant, regardless of the amount of the judgment appealed. The $50 million amount shall be adjusted annually to reflect changes in the Consumer Price Index compiled by the United States Department of Labor.
(2) In any civil action brought under any legal theory, a party seeking a stay of execution of a judgment pending review of any amount may move the court to reduce the amount of a supersedeas bond required to obtain such a stay. The court, in the interest of justice and for good cause shown, may reduce the supersedeas bond or may set other conditions for the stay with or without a bond. The court may not reduce the supersedeas bond if the appellant has an insurance or indemnification policy applicable to the case. This subsection does not apply to certified class actions subject to s. 768.733.
(3) If an appellant has posted a supersedeas bond for an amount less than that which would be required for an automatic stay pursuant to Rule 9.310(b)(1), Florida Rules of Appellate Procedure, the appellee may engage in discovery for the limited purpose of determining whether the appellant has dissipated or diverted assets outside the course of its ordinary business or is in the process of doing so.
(4) If the trial or appellate court determines that an appellant has dissipated or diverted assets outside the course of its ordinary business or is in the process of doing so, the court may enter orders necessary to protect the appellee, require the appellant to post a supersedeas bond in an amount up to, but not more than, the amount that would be required for an automatic stay pursuant to Rule 9.310(b)(1), Florida Rules of Appellate Procedure, and impose other remedies and sanctions as the court deems appropriate.
History.—s. 1, ch. 2006-280.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 45 - Civil Procedure: General Provisions › 45.051 - Execution of Supersedeas Bond When Required of the State or Its Political Subdivisions.

45.051 Execution of supersedeas bond when required of the state or its political subdivisions.—
(1) When a supersedeas bond is required by the appellate court under Rule 9.310(b)(2), Florida Rules of Appellate Procedure or an appeal or other proceeding is taken in any court and there is no court rule or statute exempting the parties from giving supersedeas, cost, or other required bond, the parties are authorized to make and execute the required bond with a corporate surety thereon duly licensed to do business in this state. The premium or other cost for the bond may be paid from the general necessary and regular appropriation of the party taking the appeal, in the case of the state or any of its officers, boards, commissioners or other agencies, and from the county general fund, district school general fund, or otherwise as the case may be, in the case of a political subdivision of the state or any of its officers, boards, commissions or other agencies. The officers of the state and its political subdivisions and the executive officers of their boards, commissions, and other agencies aforesaid, are authorized to make and execute the bonds on behalf of the parties.
(2) In connection with an appeal taken by a state employee or official of a judgment against that employee or official in an individual capacity, as part of the legal defense being provided by the state risk management program, the Division of Risk Management may enter into an indemnification agreement for the purpose of securing an appellate supersedeas bond, provided that, under any such agreement, the liability of the State of Florida is limited to the amount of the judgment being appealed and any costs imposed by law or the appropriate court.
History.—s. 14, ch. 22854, 1945; s. 4, ch. 71-316; s. 10, ch. 95-280; s. 11, ch. 2001-266.
Note.—Former s. 59.14(3).