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FL H5401

Bill

Status

Passed

5/28/2010

Primary Sponsor

Sandra Adams

Click for details

Origin

House of Representatives

2010 Regular Session

AI Summary

CS/HB 5401 - State Judicial System Summary

  • Renames the state courts "Operating Trust Fund" to "Administrative Trust Fund" and redirects $50 from Supreme Court and district court of appeals filing fees to a new "State Courts Revenue Trust Fund" for court operations.

  • Establishes stricter requirements for private court-appointed attorneys including mandatory contemporaneous hourly records, penalties for late billing (15-75% reduction in fees based on submission timing), and electronic funds transfer participation.

  • Creates presumption that defendants are not indigent for costs if paying private counsel fees exceeding $5,000 (noncapital) or $25,000 (capital cases), with burden on defendant to prove reasonableness through clear and convincing evidence.

  • Makes parents in dependency and termination of parental rights proceedings liable for attorney's fees and due process costs, with ability to enforce liens that survive child emancipation or reaching age of majority.

  • Converts multiple traffic violations and vehicle registration offenses from criminal misdemeanors to noncriminal traffic infractions and extends driver's license grace period from 4 months to 6 months after expiration.

Legislative Description

State Judicial System [WPSC]

Last Action

Approved by Governor; Chapter No. 2010-162; companion bill(s) passed, see HB 5001 (Ch. 2010-152), CS/HB 7069 (Ch. 2010-114)

5/28/2010

Committee Referrals

Full Appropriations Council on Education & Economic Development3/18/2010

Full Bill Text

No bill text available