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SB 2506 — Clerks of the Court

by Appropriations Committee

This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.

Prepared by: Appropriations Committee (AP)

The bill provides for the following:

 

Section 1 amends 11.90, F.S., to remove the Legislative Budget Commission from the process of reviewing and approving the clerks’ budgets and the Florida Clerks of Court Operations Corporation’s (corporation) budget.

 

Section 2 amends s. 28.241, F.S., to redirect the $295 fee paid by a party who files a pleading for affirmative relief by cross-claim, counterclaim, counterpetition, or third-party complaint from the General Revenue Fund to the clerk’s fine and forfeiture fund.

 

Section 3 amends s. 28.36, F.S., to require the corporation to approve the clerks’ budgets and prepare an annual report on the operations and activities of the corporation. It also requires the corporation to detail the budget development for the clerks and reconcile actual versus projected expenditures for each clerk.  The combined budgets of the clerks may not exceed the revenue estimates established by the Revenue Estimating Conference.

 

Section 4 amends 28.36, F.S., to permit the corporation to improve increases and decreases to the clerks’ individual budgets.

 

Section 5 amends 28.37, F.S. to direct certain court-related fines to the clerks’ fine and forfeiture fund in a similar manner to other remittances of fines, fees, and service charges in statutes rather than to the Public Records Modernization Trust Fund.

 

Section 6 creates s. 40.29(5), F.S., to allow the clerk to receive reimbursement for juror costs appropriated in the General Appropriations Act.

 

Section 7 amends s. 45.035(3), F.S. to modify clerk service charge structure for certain judicial sales conducted by electronic means.

 

Section 8 amends s. C775.083(1), F.S., which directs fine revenue for fines imposed when adjudication is withheld to the clerks.

 

Section 9 provides that the act shall take effect upon becoming law.

 

If approved by the Governor, these provisions take effect upon becoming law.

Vote: Senate 35-0; House 108-2