Florida Senate - 2013             CONFERENCE COMMITTEE AMENDMENT
       Bill No. SB 1512
       
       
       
       
       
       
                                Barcode 363208                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: AD/CR          .                                
             05/03/2013 05:46 PM       .                                
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       The Conference Committee on SB 1512 recommended the following:
       
    1         Senate Conference Committee Amendment (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. The Clerks of the Court Trust Fund within the
    7  Justice Administrative Commission, FLAIR number 21-2-588, is
    8  transferred together with all balances in the fund to the
    9  Department of Revenue.
   10         Section 2. Subsection (6) of section 11.90, Florida
   11  Statutes, is amended to read:
   12         11.90 Legislative Budget Commission.—
   13         (6) The commission shall have the power and duty to:
   14         (a) Review and approve or disapprove budget amendments
   15  recommended by the Governor or the Chief Justice of the Supreme
   16  Court as provided in chapter 216.
   17         (b) Develop the long-range financial outlook described in
   18  s. 19, Art. III of the State Constitution.
   19         (c) Review and approve, disapprove, or amend and approve
   20  the budget of the Florida Clerks of Court Operations
   21  Corporation.
   22         (d) Review and approve, disapprove, or amend and approve
   23  the total combined budgets of the clerks of the court or the
   24  budget of any individual clerk of the court for court-related
   25  functions. As part of this review the commission shall consider
   26  the workload and expense data submitted pursuant to s. 28.35.
   27         (e)In addition to the powers and duties specified in this
   28  subsection, the commission shall Exercise all other powers and
   29  perform any other duties prescribed by the Legislature.
   30         Section 3. Paragraph (a) of subsection (1) of section
   31  28.241, Florida Statutes, is amended to read:
   32         28.241 Filing fees for trial and appellate proceedings.—
   33         (1) Filing fees are due at the time a party files a
   34  pleading to initiate a proceeding or files a pleading for
   35  relief. Reopen fees are due at the time a party files a pleading
   36  to reopen a proceeding if at least 90 days have elapsed since
   37  the filing of a final order or final judgment with the clerk. If
   38  a fee is not paid upon the filing of the pleading as required
   39  under this section, the clerk shall pursue collection of the fee
   40  pursuant to s. 28.246.
   41         (a)1.a. Except as provided in sub-subparagraph b. and
   42  subparagraph 2., the party instituting any civil action, suit,
   43  or proceeding in the circuit court shall pay to the clerk of
   44  that court a filing fee of up to $395 in all cases in which
   45  there are not more than five defendants and an additional filing
   46  fee of up to $2.50 for each defendant in excess of five. Of the
   47  first $200 $280 in filing fees, $80 must be remitted by the
   48  clerk to the Department of Revenue for deposit into the General
   49  Revenue Fund, $195 must be remitted to the Department of Revenue
   50  for deposit into the State Courts Revenue Trust Fund, $4 $3.50
   51  must be remitted to the Department of Revenue for deposit into
   52  the Administrative Clerks of the Court Trust Fund within the
   53  Department of Financial Services Justice Administrative
   54  Commission and used to fund the contract with the Florida Clerks
   55  of Court Operations Corporation created in s. 28.35, and $1
   56  $1.50 must be remitted to the Department of Revenue for deposit
   57  into the Administrative Trust Fund within the Department of
   58  Financial Services to fund audits of individual clerks’ court
   59  related expenditures clerk budget reviews conducted by the
   60  Department of Financial Services. By the 10th of each month, the
   61  clerk shall submit that portion of the filing fees collected in
   62  the previous month which is in excess of one-twelfth of the
   63  clerk’s total budget One third of any filing fees collected by
   64  the clerk of the circuit court in excess of $100 must be
   65  remitted to the Department of Revenue for deposit into the
   66  Clerks of the Court Trust Fund within the Justice Administrative
   67  Commission.
   68         b. The party instituting any civil action, suit, or
   69  proceeding in the circuit court under chapter 39, chapter 61,
   70  chapter 741, chapter 742, chapter 747, chapter 752, or chapter
   71  753 shall pay to the clerk of that court a filing fee of up to
   72  $295 in all cases in which there are not more than five
   73  defendants and an additional filing fee of up to $2.50 for each
   74  defendant in excess of five. Of the first $100 $180 in filing
   75  fees, $80 must be remitted by the clerk to the Department of
   76  Revenue for deposit into the General Revenue Fund, $95 must be
   77  remitted to the Department of Revenue for deposit into the State
   78  Courts Revenue Trust Fund, $4 $3.50 must be remitted to the
   79  Department of Revenue for deposit into the Administrative Clerks
   80  of the Court Trust Fund within the Department of Financial
   81  Services Justice Administrative Commission and used to fund the
   82  contract with the Florida Clerks of Court Operations Corporation
   83  created in s. 28.35, and $1 $1.50 must be remitted to the
   84  Department of Revenue for deposit into the Administrative Trust
   85  Fund within the Department of Financial Services to fund audits
   86  of individual clerks’ court-related expenditures clerk budget
   87  reviews conducted by the Department of Financial Services.
   88         c. An additional filing fee of $4 shall be paid to the
   89  clerk. The clerk shall remit $3.50 to the Department of Revenue
   90  for deposit into the Court Education Trust Fund and shall remit
   91  50 cents to the Department of Revenue for deposit into the
   92  Administrative Clerks of the Court Trust Fund within the
   93  Department of Financial Services Justice Administrative
   94  Commission to fund clerk education provided by the Florida
   95  Clerks of Court Operations Corporation. An additional filing fee
   96  of up to $18 shall be paid by the party seeking each severance
   97  that is granted. The clerk may impose an additional filing fee
   98  of up to $85 for all proceedings of garnishment, attachment,
   99  replevin, and distress. Postal charges incurred by the clerk of
  100  the circuit court in making service by certified or registered
  101  mail on defendants or other parties shall be paid by the party
  102  at whose instance service is made. Additional fees, charges, or
  103  costs may not be added to the filing fees imposed under this
  104  section, except as authorized in this section or by general law.
  105         2.a. Notwithstanding the fees prescribed in subparagraph
  106  1., a party instituting a civil action in circuit court relating
  107  to real property or mortgage foreclosure shall pay a graduated
  108  filing fee based on the value of the claim.
  109         b. A party shall estimate in writing the amount in
  110  controversy of the claim upon filing the action. For purposes of
  111  this subparagraph, the value of a mortgage foreclosure action is
  112  based upon the principal due on the note secured by the
  113  mortgage, plus interest owed on the note and any moneys advanced
  114  by the lender for property taxes, insurance, and other advances
  115  secured by the mortgage, at the time of filing the foreclosure.
  116  The value shall also include the value of any tax certificates
  117  related to the property. In stating the value of a mortgage
  118  foreclosure claim, a party shall declare in writing the total
  119  value of the claim, as well as the individual elements of the
  120  value as prescribed in this sub-subparagraph.
  121         c. In its order providing for the final disposition of the
  122  matter, the court shall identify the actual value of the claim.
  123  The clerk shall adjust the filing fee if there is a difference
  124  between the estimated amount in controversy and the actual value
  125  of the claim and collect any additional filing fee owed or
  126  provide a refund of excess filing fee paid.
  127         d. The party shall pay a filing fee of:
  128         (I) Three hundred and ninety-five dollars in all cases in
  129  which the value of the claim is $50,000 or less and in which
  130  there are not more than five defendants. The party shall pay an
  131  additional filing fee of up to $2.50 for each defendant in
  132  excess of five. Of the first $200 $280 in filing fees, $195 $275
  133  must be remitted by the clerk to the Department of Revenue for
  134  deposit into the General Revenue Fund, $4 $3.50 must be remitted
  135  to the Department of Revenue for deposit into the Administrative
  136  Clerks of the Court Trust Fund within the Department of
  137  Financial Services Justice Administrative Commission and used to
  138  fund the contract with the Florida Clerks of Court Operations
  139  Corporation created in s. 28.35, and $1 $1.50 must be remitted
  140  to the Department of Revenue for deposit into the Administrative
  141  Trust Fund within the Department of Financial Services to fund
  142  audits of individual clerks’ court-related expenditures clerk
  143  budget reviews conducted by the Department of Financial
  144  Services;
  145         (II) Nine hundred dollars in all cases in which the value
  146  of the claim is more than $50,000 but less than $250,000 and in
  147  which there are not more than five defendants. The party shall
  148  pay an additional filing fee of up to $2.50 for each defendant
  149  in excess of five. Of the first $705 $785 in filing fees, $700
  150  $780 must be remitted by the clerk to the Department of Revenue
  151  for deposit into the General Revenue Fund, $4 $3.50 must be
  152  remitted to the Department of Revenue for deposit into the
  153  Administrative Clerks of the Court Trust Fund within the
  154  Department of Financial Services Justice Administrative
  155  Commission and used to fund the contract with the Florida Clerks
  156  of Court Operations Corporation created described in s. 28.35,
  157  and $1 $1.50 must be remitted to the Department of Revenue for
  158  deposit into the Administrative Trust Fund within the Department
  159  of Financial Services to fund audits of individual clerks’
  160  court-related expenditures clerk budget reviews conducted by the
  161  Department of Financial Services; or
  162         (III) One thousand nine hundred dollars in all cases in
  163  which the value of the claim is $250,000 or more and in which
  164  there are not more than five defendants. The party shall pay an
  165  additional filing fee of up to $2.50 for each defendant in
  166  excess of five. Of the first $1,705 $1,785 in filing fees, $930
  167  $1,010 must be remitted by the clerk to the Department of
  168  Revenue for deposit into the General Revenue Fund, $770 must be
  169  remitted to the Department of Revenue for deposit into the State
  170  Courts Revenue Trust Fund, $4 $3.50 must be remitted to the
  171  Department of Revenue for deposit into the Administrative Clerks
  172  of the Court Trust Fund within the Department of Financial
  173  Services Justice Administrative Commission to fund the contract
  174  with the Florida Clerks of Court Operations Corporation created
  175  in s. 28.35, and $1 $1.50 must be remitted to the Department of
  176  Revenue for deposit into the Administrative Trust Fund within
  177  the Department of Financial Services to fund audits of
  178  individual clerks’ court-related expenditures clerk budget
  179  reviews conducted by the Department of Financial Services.
  180         e. An additional filing fee of $4 shall be paid to the
  181  clerk. The clerk shall remit $3.50 to the Department of Revenue
  182  for deposit into the Court Education Trust Fund and shall remit
  183  50 cents to the Department of Revenue for deposit into the
  184  Administrative Clerks of the Court Trust Fund within the
  185  Department of Financial Services Justice Administrative
  186  Commission to fund clerk education provided by the Florida
  187  Clerks of Court Operations Corporation. An additional filing fee
  188  of up to $18 shall be paid by the party seeking each severance
  189  that is granted. The clerk may impose an additional filing fee
  190  of up to $85 for all proceedings of garnishment, attachment,
  191  replevin, and distress. Postal charges incurred by the clerk of
  192  the circuit court in making service by certified or registered
  193  mail on defendants or other parties shall be paid by the party
  194  at whose instance service is made. Additional fees, charges, or
  195  costs may not be added to the filing fees imposed under this
  196  section, except as authorized in this section or by general law.
  197         Section 4. Effective upon this act becoming a law, s.
  198  28.2455, Florida Statutes, is repealed.
  199         Section 5. Paragraph (b) of subsection (5) of section
  200  28.246, Florida Statutes, is amended to read:
  201         28.246 Payment of court-related fines or other monetary
  202  penalties, fees, charges, and costs; partial payments;
  203  distribution of funds.—
  204         (5) When receiving partial payment of fees, service
  205  charges, court costs, and fines, clerks shall distribute funds
  206  according to the following order of priority:
  207         (b) That portion of fees, service charges, court costs, and
  208  fines required to be retained by the clerk of the court or
  209  deposited into the Clerks of the Court Trust Fund within the
  210  Department of Revenue Justice Administrative Commission.
  211  
  212  To offset processing costs, clerks may impose either a per-month
  213  service charge pursuant to s. 28.24(26)(b) or a one-time
  214  administrative processing service charge at the inception of the
  215  payment plan pursuant to s. 28.24(26)(c).
  216         Section 6. Section 28.35, Florida Statutes, is amended to
  217  read:
  218         28.35 Florida Clerks of Court Operations Corporation.—
  219         (1)(a) The Florida Clerks of Court Operations Corporation
  220  is created as a public corporation organized to perform the
  221  functions specified in this section and s. 28.36 and shall be
  222  administratively housed within the Justice Administrative
  223  Commission. The corporation shall be a budget entity within the
  224  Justice Administrative Commission, and its employees shall be
  225  considered state employees. The corporation is not subject to
  226  control, supervision, or direction by the Justice Administrative
  227  Commission in the performance of its duties, but the employees
  228  of the corporation shall be governed by the classification plan
  229  and salary and benefits plan of the Justice Administrative
  230  Commission. The classification plan must have a separate chapter
  231  for the corporation. All clerks of the circuit court shall be
  232  members of the corporation and hold their position and authority
  233  in an ex officio capacity. The functions assigned to the
  234  corporation shall be performed by an executive council pursuant
  235  to the plan of operation approved by the members.
  236         (b) The executive council shall be composed of eight clerks
  237  of the court elected by the clerks of the courts for a term of 2
  238  years, with two clerks from counties with a population of fewer
  239  than 100,000, two clerks from counties with a population of at
  240  least 100,000 but fewer than 500,000, two clerks from counties
  241  with a population of at least 500,000 but fewer than 1 million,
  242  and two clerks from counties with a population of more than 1
  243  million. The executive council shall also include, as ex officio
  244  members, a designee of the President of the Senate and a
  245  designee of the Speaker of the House of Representatives. The
  246  Chief Justice of the Supreme Court shall designate one
  247  additional member to represent the state courts system.
  248         (c) The corporation shall be considered a political
  249  subdivision of the state and shall be exempt from the corporate
  250  income tax. The corporation is not subject to the provisions of
  251  chapter 120.
  252         (d) The functions assigned to the corporation under this
  253  section and ss. 28.36 and 28.37 are considered to be for a valid
  254  public purpose.
  255         (2) The duties of the corporation shall include the
  256  following:
  257         (a) Adopting a plan of operation.
  258         (b) Conducting the election of an executive council
  259  directors as required in paragraph (1)(b) (1)(a).
  260         (c) Recommending to the Legislature changes in the amounts
  261  of the various court-related fines, fees, service charges, and
  262  court costs established by law to ensure reasonable and adequate
  263  funding of the clerks of the court in the performance of their
  264  court-related functions.
  265         (d) Developing and certifying a uniform system of workload
  266  performance measures and applicable workload performance
  267  standards for court-related functions as developed by the
  268  corporation the functions specified in paragraph (3)(a) and the
  269  service unit costs required in s. 28.36 and measures for clerk
  270  workload performance in meeting the workload performance
  271  standards. These workload measures and workload performance
  272  standards shall be designed to facilitate an objective
  273  determination of the performance of each clerk in accordance
  274  with minimum standards for fiscal management, operational
  275  efficiency, and effective collection of fines, fees, service
  276  charges, and court costs. The corporation shall develop the
  277  workload performance measures and workload performance standards
  278  in consultation with the Legislature and the Supreme Court. The
  279  Legislature may modify the clerk performance measures and
  280  performance standards in legislation implementing the General
  281  Appropriations Act or other law. When the corporation finds a
  282  clerk has not met the workload performance standards, the
  283  corporation shall identify the nature of each deficiency and any
  284  corrective action recommended and taken by the affected clerk of
  285  the court. The corporation shall notify the Legislature and the
  286  Supreme Court of any clerk not meeting workload performance
  287  standards and provide a copy of any corrective action plans. As
  288  used in this subsection, the term:
  289         1.“Workload measures” means the measurement of the
  290  activities and frequency of the work required for the clerk to
  291  adequately perform the court-related duties of the office as
  292  defined by the membership of the Florida Clerks of Court
  293  Operations Corporation.
  294         2.“Workload performance standards” means the standards
  295  developed to measure the timeliness and effectiveness of the
  296  activities that are accomplished by the clerk in the performance
  297  of the court-related duties of the office as defined by the
  298  membership of the Florida Clerks of Court Operations
  299  Corporation.
  300         (e)Entering into a contract with the Department of
  301  Financial Services for the department to audit the court-related
  302  expenditures of individual clerks pursuant to s. 17.03.
  303         (f)(e) Reviewing, certifying, and recommending proposed
  304  budgets submitted by clerks of the court pursuant to s. 28.36.
  305  As part of this process, the corporation shall:
  306         1.Calculate the minimum amount of revenue necessary for
  307  each clerk of the court to efficiently perform the list of
  308  court-related functions specified in paragraph (3)(a). The
  309  corporation shall apply the workload measures appropriate for
  310  determining the individual level of review required to fund the
  311  clerk’s budget.
  312         2.Prepare a cost comparison of similarly situated clerks
  313  of the court, based on county population and numbers of filings,
  314  using the standard list of court-related functions specified in
  315  paragraph (3)(a).
  316         3.Conduct an annual base budget review and an annual
  317  budget exercise examining the total budget of each clerk of the
  318  court. The review shall examine revenues from all sources,
  319  expenses of court-related functions, and expenses of noncourt
  320  related functions as necessary to determine that court-related
  321  revenues are not being used for noncourt-related purposes. The
  322  review and exercise shall identify potential targeted budget
  323  reductions in the percentage amount provided in Schedule VIII-B
  324  of the state’s previous year’s legislative budget instructions,
  325  as referenced in s. 216.023(3), or an equivalent schedule or
  326  instruction as may be adopted by the Legislature.
  327         4.Identify those proposed budgets containing funding for
  328  items not included on the standard list of court-related
  329  functions specified in paragraph (3)(a).
  330         5.Identify those clerks projected to have court-related
  331  revenues insufficient to fund their anticipated court-related
  332  expenditures
  333         6.Use revenue estimates based on the official estimate for
  334  funds accruing to the clerks of the court made by the Revenue
  335  Estimating Conference.
  336         7.Identify and report pay and benefit increases in any
  337  proposed clerk budget, including, but not limited to, cost of
  338  living increases, merit increases, and bonuses.
  339         8.Provide detailed explanation for increases in
  340  anticipated expenditures in any clerk budget that exceeds the
  341  current year budget by more than 3 percent.
  342         9.Identify and report the budget of any clerk which
  343  exceeds the average budget of similarly situated clerks by more
  344  than ten percent.
  345         (g)(f) Developing and conducting clerk education programs.
  346         (g) Publishing a uniform schedule of actual fees, service
  347  charges, and costs charged by a clerk of the court pursuant to
  348  general law.
  349         (h) Beginning August 1, 2014, and each August 1 thereafter,
  350  submitting to the Legislative Budget Commission, as provided in
  351  s. 11.90, its proposed budget and the information described in
  352  paragraph (f), as well as the proposed budgets for each clerk of
  353  the court. Before October 1 of each year beginning in 2014, the
  354  Legislative Budget Commission shall consider the submitted
  355  budgets and shall approve, disapprove, or amend and approve the
  356  corporation’s budget and shall approve, disapprove, or amend and
  357  approve the total of the clerks’ combined budgets or any
  358  individual clerk’s budget. If the Legislative Budget Commission
  359  fails to approve or amend and approve the corporation’s budget
  360  or the clerks’ combined budgets before October 1, the clerk
  361  shall continue to perform the court-related functions based upon
  362  the clerk’s budget for the previous county fiscal year.
  363         (3)(a) The list of court-related functions that clerks may
  364  fund from filing fees, service charges, costs, and fines is
  365  perform are limited to those functions expressly authorized by
  366  law or court rule. Those functions include the following: case
  367  maintenance; records management; court preparation and
  368  attendance; processing the assignment, reopening, and
  369  reassignment of cases; processing of appeals; collection and
  370  distribution of fines, fees, service charges, and court costs;
  371  processing of bond forfeiture payments; payment of jurors and
  372  witnesses; payment of expenses for meals or lodging provided to
  373  jurors; data collection and reporting; processing of jurors;
  374  determinations of indigent status; and paying reasonable
  375  administrative support costs to enable the clerk of the court to
  376  carry out these court-related functions.
  377         (b) The list of court-related functions that clerks may not
  378  fund from filing fees, service charges, costs, and fines
  379  includes state appropriations include:
  380         1. Those functions not specified within paragraph (a).
  381         2. Functions assigned by administrative orders which are
  382  not required for the clerk to perform the functions in paragraph
  383  (a).
  384         3. Enhanced levels of service which are not required for
  385  the clerk to perform the functions in paragraph (a).
  386         4. Functions identified as local requirements in law or
  387  local optional programs.
  388         (4) The corporation shall prepare a legislative budget
  389  request for the resources necessary to perform its duties,
  390  submit the request pursuant to chapter 216, and be funded
  391  pursuant to a contract with the Chief Financial Officer. Funds
  392  shall be provided to the Chief Financial Officer for such
  393  purpose as appropriated by general law. Such funds shall be
  394  available to the corporation for the performance of the duties
  395  and responsibilities set forth in this section as a budget
  396  entity in the General Appropriations Act. The corporation shall
  397  participate in the Florida Retirement System for its eligible
  398  employees as provided in chapter 121. The corporation may hire
  399  staff and pay other expenses from such funds state
  400  appropriations as necessary to perform the official duties and
  401  responsibilities of the corporation as described in this section
  402  by law.
  403         (5) Certified public accountants conducting audits of
  404  counties pursuant to s. 218.39 shall report, as part of the
  405  audit, whether or not the clerks of the courts have complied
  406  with the requirements of this section and s. 28.36. In addition,
  407  each clerk of court shall forward a copy of the portion of the
  408  financial audit relating to the court-related duties of the
  409  clerk of court to the Florida Clerks of Court Operations
  410  Corporation Supreme Court. The Auditor General shall develop a
  411  compliance supplement for the audit of compliance with the
  412  budgets and applicable workload performance standards certified
  413  by the corporation.
  414         Section 7. Section 28.36, Florida Statutes, is amended to
  415  read:
  416         28.36 Budget procedure.—There is established a budget
  417  procedure for preparing budget requests for funding for the
  418  court-related functions of the clerks of the court.
  419         (1) Only those functions listed in s. 28.35(3)(a) may be
  420  funded from fees, service charges, costs, and fines retained by
  421  the clerks of the court Each clerk of court shall prepare a
  422  budget request for the last quarter of the county fiscal year
  423  and the first three quarters of the next county fiscal year. The
  424  proposed budget shall be prepared, summarized, and submitted by
  425  the clerk in each county to the Florida Clerks of Court
  426  Operations Corporation in the manner and form prescribed by the
  427  corporation to meet the requirements of law. Each clerk shall
  428  forward a copy of his or her budget request to the Supreme
  429  Court. The budget requests must be provided to the corporation
  430  by October 1 of each year.
  431         (2) Each clerk shall include in his or her budget request a
  432  projection of the amount of court-related fees, service charges,
  433  and any other court-related clerk fees which will be collected
  434  during the proposed budget period. If the corporation determines
  435  that the proposed budget is limited to the standard list of
  436  court-related functions in s. 28.35(3)(a) and the projected
  437  court-related revenues are less than the proposed budget, the
  438  clerk shall increase all fees, service charges, and any other
  439  court-related clerk fees and charges to the maximum amounts
  440  specified by law or the amount necessary to resolve the deficit,
  441  whichever is less.
  442         (2)(3) Each proposed budget shall further conform to the
  443  following requirements clerk shall include in his or her budget
  444  request the number of personnel and the proposed budget for each
  445  of the following core services:
  446         (a) On or before June 1 of each year beginning in 2014, the
  447  proposed budget shall be prepared, summarized, and submitted by
  448  the clerk in each county to the Florida Clerks of Court
  449  Operations Corporation in the manner and form prescribed by the
  450  corporation. The proposed budget must provide detailed
  451  information on the anticipated revenues available and
  452  expenditures necessary for the performance of the court-related
  453  functions listed in s. 28.35(3)(a) of the clerk’s office for the
  454  county fiscal year beginning October 1.
  455         (b)The proposed budget must be balanced such that the
  456  total of the estimated revenues available equals or exceeds the
  457  total of the anticipated expenditures. Such revenues include
  458  revenue projected to be received from fees, service charges,
  459  costs, and fines for court-related functions during the fiscal
  460  period covered by the budget. The anticipated expenditures must
  461  be itemized as required by the corporation.
  462         (a)Circuit criminal.
  463         (b)County criminal.
  464         (c)Juvenile delinquency.
  465         (d)Criminal traffic.
  466         (e)Circuit civil.
  467         (f)County civil.
  468         (g)Civil traffic.
  469         (h)Probate.
  470         (i)Family.
  471         (j)Juvenile dependency.
  472  
  473  Central administrative costs shall be allocated among the core
  474  services categories.
  475         (3)If a clerk of the court estimates that available funds
  476  plus projected revenues from fines, fees, service charges, and
  477  costs for court-related services are insufficient to meet the
  478  anticipated expenditures for the standard list of court-related
  479  functions in s. 28.35(3)(a) performed by his or her office, the
  480  clerk must report the revenue deficit to the corporation in the
  481  manner and form prescribed by the corporation. The corporation
  482  shall verify that the proposed budget is limited to the standard
  483  list of court-related functions in s. 28.35(3)(a). If the
  484  corporation verifies that a revenue deficit is projected, the
  485  corporation shall certify a revenue deficit and notify the
  486  Department of Revenue that the clerk is authorized to retain
  487  revenues, in an amount necessary to fully fund the projected
  488  revenue deficit, which he or she would otherwise be required to
  489  remit to the Department of Revenue for deposit into the
  490  department’s Clerks of the Court Trust Fund pursuant to s.
  491  28.37. If a revenue deficit is projected for that clerk after
  492  retaining all of the projected collections from the court
  493  related fines, fees, service charges, and costs, the corporation
  494  shall certify the amount of the revenue deficit to the Executive
  495  Office of the Governor and request release authority for funds
  496  from the department’s Clerks of the Court Trust Fund.
  497  Notwithstanding s. 216.192 relating to the release of funds, the
  498  Executive Office of the Governor may approve the release of
  499  funds in accordance with the notice, review, and objection
  500  procedures set forth in s. 216.177 and shall provide notice to
  501  the Department of Revenue and the Chief Financial Officer. The
  502  Department of Revenue shall request monthly distributions from
  503  the Chief Financial Officer in equal amounts to each clerk
  504  certified to have a revenue deficit, in accordance with the
  505  releases approved by the Governor.
  506         (4)The Legislative Budget Commission may approve increases
  507  or decreases to the previously authorized budgets approved for
  508  individual clerks of the court pursuant to s. 28.35 for court
  509  related functions, if:
  510         (a)The additional budget authority is necessary to pay the
  511  cost of performing new or additional functions required by
  512  changes in law or court rule; or
  513         (b)The additional budget authority is necessary to pay the
  514  cost of supporting increases in the number of judges or
  515  magistrates authorized by the Legislature.
  516         (4)The budget request must identify the service units to
  517  be provided within each core service. The service units shall be
  518  developed by the corporation, in consultation with the Supreme
  519  Court, the Chief Financial Officer, and the appropriations
  520  committees of the Senate and the House of Representatives.
  521         (5)The budget request must propose a unit cost for each
  522  service unit. The corporation shall provide a copy of each
  523  clerk’s budget request to the Supreme Court.
  524         (6)The corporation shall review each individual clerk’s
  525  prior-year expenditures, projected revenue, proposed unit costs,
  526  and the proposed budget for each of the core-services
  527  categories. The corporation shall compare each clerk’s prior
  528  year expenditures and unit costs for core services with a peer
  529  group of clerks’ offices having a population of a similar size
  530  and a similar number of case filings. If the corporation finds
  531  that the expenditures, unit costs, or proposed budget of a clerk
  532  is significantly higher than those of clerks in that clerk’s
  533  peer group, the corporation shall require the clerk to submit
  534  documentation justifying the difference in each core-services
  535  category. Justification for higher expenditures may include, but
  536  is not limited to, collective bargaining agreements, county
  537  civil service agreements, and the number and distribution of
  538  courthouses served by the clerk. If the expenditures and unit
  539  costs are not justified, the corporation shall recommend a
  540  reduction in the funding for that core-services category in the
  541  budget request to an amount similar to the peer group of clerks
  542  or to an amount that the corporation determines is justified.
  543         (7)The corporation shall complete its review and
  544  adjustments to the clerks’ budget requests and make its
  545  recommendations to the Legislature and the Supreme Court by
  546  December 1 each year.
  547         (8)The Chief Financial Officer shall review the proposed
  548  unit costs associated with each clerk of court’s budget request
  549  and make recommendations to the Legislature. The Chief Financial
  550  Officer may conduct any audit of the corporation or a clerk of
  551  court as authorized by law. The Chief Justice of the Supreme
  552  Court may request an audit of the corporation or any clerk of
  553  court by the Chief Financial Officer.
  554         (9)The Legislature shall appropriate the total amount for
  555  the budgets of the clerks in the General Appropriations Act. The
  556  Legislature may reject or modify any or all of the unit costs
  557  recommended by the corporation. If the Legislature does not
  558  specify the unit costs in the General Appropriations Act or
  559  other law, the unit costs recommended by the corporation shall
  560  be the official unit costs for that budget period.
  561         (10)(a)Beginning in the 2010-2011 fiscal year, the
  562  corporation shall release appropriations to each clerk
  563  quarterly. If funds in the Clerks of Court Trust Fund are
  564  insufficient to provide a release in a quarter in a single
  565  release, the corporation may release partial amounts for that
  566  quarter so long as the total of those partial amounts does not
  567  exceed that quarter’s release. If funds in the Clerks of Court
  568  Trust Fund are insufficient for the first quarter release, the
  569  corporation may make a request to the Governor for a trust fund
  570  loan pursuant to chapter 215. The amount of the first three
  571  releases shall be based on one quarter of the estimated budget
  572  for each clerk as identified in the General Appropriations Act.
  573         (b)The corporation shall estimate the fourth quarter’s
  574  number of units to be performed by each clerk. The amount of the
  575  fourth-quarter release shall be based on the approved unit cost
  576  times the estimated number of units of the fourth quarter with
  577  the following adjustment: the fourth-quarter release shall be
  578  adjusted based on the first three quarter’s actual number of
  579  service units provided as reported to the corporation by each
  580  clerk. If the clerk has performed fewer service units in the
  581  first three quarters of the year compared to three quarters of
  582  the estimated number of service units in the General
  583  Appropriations Act, the corporation shall decrease the fourth
  584  quarter release. The amount of the decrease shall equal the
  585  amount of the difference between the estimated number of service
  586  units for the first three quarters and the actual number of
  587  service units provided in the first three quarters times the
  588  approved unit cost.
  589         (c)No adjustment for the fourth-quarter release shall be
  590  made if the clerk has performed more units than the estimate for
  591  the first three quarters.
  592         (d)If the clerk performs fewer units in the fourth quarter
  593  than estimated by the corporation, the corporation shall
  594  decrease the first-quarter release for the clerk in the next
  595  fiscal year by the amount of the difference between the
  596  estimated number of service units for the fourth quarter and the
  597  actual number of service units performed in that quarter times
  598  the approved unit cost.
  599         (e)The total of all releases to the clerks of court may
  600  not exceed the amount appropriated in the General Appropriations
  601  Act. If, during the year, the corporation determines that the
  602  projected releases of appropriations for service units will
  603  exceed the estimate used in the General Appropriations Act and
  604  result in statewide expenditures greater than the amount
  605  appropriated by law, the corporation shall reduce all service
  606  unit costs of all clerks by the amount necessary to ensure that
  607  service units are funded within the total amount appropriated to
  608  the clerks of court. If such action is necessary, the
  609  corporation shall notify the Legislative Budget Commission. If
  610  the Legislative Budget Commission objects to the adjustments,
  611  the Legislative Budget Commission shall adjust all service unit
  612  costs by the amount necessary to ensure that projected units of
  613  service are funded within the total amount appropriated to the
  614  clerks of court at its next scheduled meeting.
  615         (11)The corporation may submit proposed legislation to the
  616  Governor, the President of the Senate, and the Speaker of the
  617  House of Representatives relating to the preparation of budget
  618  requests of the clerks of court.
  619         Section 8. Section 28.37, Florida Statutes, is amended to
  620  read:
  621         28.37 Fines, fees, service charges, and costs remitted to
  622  the state.—
  623         (1) Pursuant to s. 14(b), Art. V of the State Constitution,
  624  selected salaries, costs, and expenses of the state courts
  625  system and court-related functions shall be funded from a
  626  portion of the revenues derived from statutory fines, fees,
  627  service charges, and costs collected by the clerks of the court.
  628         (2) Beginning November 1, 2013, that portion of all fines,
  629  fees, service charges, and costs collected by the clerks of the
  630  court for the previous month which is in excess of one-twelfth
  631  of the clerks’ total budget for the performance of court-related
  632  functions shall be remitted to the Department of Revenue for
  633  deposit into the Clerks of the Court Trust Fund. Such
  634  collections do not include funding received for the operation of
  635  the Title IV-D child support collections and disbursement
  636  program. The clerk of the court shall remit the revenues
  637  collected during the previous month due to the state on or
  638  before the 10th day of each month.
  639         (3) No later than January 25, 2015, and each January 25
  640  thereafter for the previous county fiscal year, the clerks of
  641  court, in consultation with the Florida Clerks of Court
  642  Operations Corporation, shall remit to the Department of Revenue
  643  for deposit in the General Revenue Fund the cumulative excess of
  644  all fines, fees, service charges, and costs retained by the
  645  clerks of the court, plus any funds received by the clerks of
  646  the court from the Clerks of the Court Trust Fund under s.
  647  28.36(3), which exceed the amount needed to meet their
  648  authorized budget amounts established under s. 28.35. The
  649  Department of Revenue shall transfer from the Clerks of Court
  650  Trust Fund to the General Revenue Fund the cumulative excess of
  651  all fines, fees, service charges, and costs submitted by clerks
  652  of court pursuant to subsection (2). However, if the official
  653  estimate for funds accruing to the clerks of court made by the
  654  Revenue Estimating Conference for the current fiscal year or the
  655  next fiscal year is less than the cumulative amount of
  656  authorized budgets for the clerks of court for the current
  657  fiscal year, the Department of Revenue shall retain in the
  658  Clerks of the Court Trust Fund the estimated amount needed to
  659  fully fund the clerks of court for the current and next fiscal
  660  year based upon the current budget established under s. 28.35.
  661         (4) The Department of Revenue shall collect any funds that
  662  the Florida Clerks of Court Operations Corporation determines
  663  upon investigation were due but not remitted to the Department
  664  of Revenue. The corporation shall notify the clerk of the court
  665  and the Department of Revenue of the amount due to the
  666  Department of Revenue. The clerk of the court shall remit the
  667  amount due no later than the 10th day of the month following the
  668  month in which notice is provided by the corporation to the
  669  clerk of the court.
  670         (5)(2)Ten Except as otherwise provided in ss. 28.241 and
  671  34.041, all court-related fines, fees, service charges, and
  672  costs are considered state funds and shall be remitted by the
  673  clerk to the Department of Revenue for deposit into the Clerks
  674  of the Court Trust Fund within the Justice Administrative
  675  Commission. However, 10 percent of all court-related fines
  676  collected by the clerk, except for penalties or fines
  677  distributed to counties or municipalities under s.
  678  316.0083(1)(b)3. or s. 318.18(15)(a), shall be deposited into
  679  the clerk’s Public Records Modernization Trust Fund to be used
  680  exclusively for additional clerk court-related operational needs
  681  and program enhancements.
  682         Section 9. Paragraph (b) of subsection (1) of section
  683  34.041, Florida Statutes, is amended, and paragraph (a) of that
  684  subsection is republished, to read:
  685         34.041 Filing fees.—
  686         (1)(a) Filing fees are due at the time a party files a
  687  pleading to initiate a proceeding or files a pleading for
  688  relief. Reopen fees are due at the time a party files a pleading
  689  to reopen a proceeding if at least 90 days have elapsed since
  690  the filing of a final order or final judgment with the clerk. If
  691  a fee is not paid upon the filing of the pleading as required
  692  under this section, the clerk shall pursue collection of the fee
  693  pursuant to s. 28.246. Upon the institution of any civil action,
  694  suit, or proceeding in county court, the party shall pay the
  695  following filing fee, not to exceed:
  696         1. For all claims less than $100 $50.
  697         2. For all claims of $100 or more but not more than $500
  698  $75.
  699         3. For all claims of more than $500 but not more than
  700  $2,500 $170.
  701         4. For all claims of more than $2,500 $295.
  702         5. In addition, for all proceedings of garnishment,
  703  attachment, replevin, and distress $85.
  704         6. Notwithstanding subparagraphs 3. and 5., for all claims
  705  of not more than $1,000 filed simultaneously with an action for
  706  replevin of property that is the subject of the claim $125.
  707         7. For removal of tenant action $180.
  708  
  709  The filing fee in subparagraph 6. is the total fee due under
  710  this paragraph for that type of filing, and no other filing fee
  711  under this paragraph may be assessed against such a filing.
  712         (b) The first $80 of the filing fee collected under
  713  subparagraph (a)4. shall be remitted to the Department of
  714  Revenue for deposit into the General Revenue Fund. The next $15
  715  of the filing fee collected under subparagraph (a)4., and the
  716  first $10 of the filing fee collected under subparagraph (a)7.,
  717  shall be deposited in the State Courts Revenue Trust Fund. By
  718  the 10th day of each month, the clerk shall submit that portion
  719  of the fees collected in the previous month which is in excess
  720  of one-twelfth of the clerk’s total budget for the performance
  721  of court-related functions to the Department of Revenue for
  722  deposit into the Clerks of the Court Trust Fund. An additional
  723  filing fee of $4 shall be paid to the clerk. The clerk shall
  724  transfer $3.50 to the Department of Revenue for deposit into the
  725  Court Education Trust Fund and shall transfer 50 cents to the
  726  Department of Revenue for deposit into the Administrative Clerks
  727  of the Court Trust Fund within the Department of Financial
  728  Services Justice Administrative Commission to fund clerk
  729  education provided by the Florida Clerks of Court Operations
  730  Corporation. Postal charges incurred by the clerk of the county
  731  court in making service by mail on defendants or other parties
  732  shall be paid by the party at whose instance service is made.
  733  Except as provided in this section herein, filing fees and
  734  service charges for performing duties of the clerk relating to
  735  the county court shall be as provided in ss. 28.24 and 28.241.
  736  Except as otherwise provided in this section herein, all filing
  737  fees shall be retained as fee income of the office of the clerk
  738  of the circuit court remitted to the Department of Revenue for
  739  deposit into the Clerks of the Court Trust Fund within the
  740  Justice Administrative Commission. Filing fees imposed by this
  741  section may not be added to any penalty imposed by chapter 316
  742  or chapter 318.
  743         Section 10. Subsection (5) of section 43.16, Florida
  744  Statutes, is amended to read:
  745         43.16 Justice Administrative Commission; membership, powers
  746  and duties.—
  747         (5) The duties of the commission shall include, but not be
  748  limited to, the following:
  749         (a) The maintenance of a central state office for
  750  administrative services and assistance when possible to and on
  751  behalf of the state attorneys and public defenders of Florida,
  752  the capital collateral regional counsel of Florida, the criminal
  753  conflict and civil regional counsel, and the Guardian Ad Litem
  754  Program, and the Florida Clerks of Court Operations Corporation.
  755         (b) Each state attorney, public defender, and criminal
  756  conflict and civil regional counsel and, the Guardian Ad Litem
  757  Program, and the Florida Clerks of Court Operations Corporation
  758  shall continue to prepare necessary budgets, vouchers that
  759  represent valid claims for reimbursement by the state for
  760  authorized expenses, and other things incidental to the proper
  761  administrative operation of the office, such as revenue
  762  transmittals to the Chief Financial Officer and automated
  763  systems plans, but will forward such items same to the
  764  commission for recording and submission to the proper state
  765  officer. However, when requested by a state attorney, a public
  766  defender, a criminal conflict and civil regional counsel, or the
  767  Guardian Ad Litem Program, the commission will either assist in
  768  the preparation of budget requests, voucher schedules, and other
  769  forms and reports or accomplish the entire project involved.
  770         Section 11. Paragraph (x) of subsection (2) of section
  771  110.205, Florida Statutes, is amended to read:
  772         110.205 Career service; exemptions.—
  773         (2) EXEMPT POSITIONS.—The exempt positions that are not
  774  covered by this part include the following:
  775         (x) All officers and employees of the Justice
  776  Administrative Commission, Office of the State Attorney, Office
  777  of the Public Defender, regional offices of capital collateral
  778  counsel, offices of criminal conflict and civil regional
  779  counsel, and Statewide Guardian Ad Litem Office, including the
  780  circuit guardian ad litem programs and the Florida Clerks of
  781  Court Operations Corporation.
  782         Section 12. Section 142.01, Florida Statutes, is amended to
  783  read:
  784         142.01 Fine and forfeiture fund; disposition of revenue;
  785  clerk of the circuit court.—
  786         (1) There shall be established by the clerk of the circuit
  787  court in each county of this state a separate fund to be known
  788  as the fine and forfeiture fund for use by the clerk of the
  789  circuit court in performing court-related functions. The fund
  790  shall consist of the following:
  791         (a) Fines and penalties pursuant to ss. 28.2402(2),
  792  34.045(2), 316.193, 327.35, 327.72, 379.2203(1), and 775.083(1).
  793         (b) That portion of civil penalties directed to this fund
  794  pursuant to s. 318.21.
  795         (c) Court costs pursuant to ss. 28.2402(1)(b),
  796  34.045(1)(b), 318.14(10)(b), 318.18(11)(a), 327.73(9)(a) and
  797  (11)(a), and 938.05(3).
  798         (d) Proceeds from forfeited bail bonds, unclaimed bonds,
  799  unclaimed moneys, or recognizances pursuant to ss. 321.05(4)(a),
  800  379.2203(1), and 903.26(3)(a).
  801         (e) Fines and forfeitures pursuant to s. 34.191.
  802         (f) Filing fees received pursuant to ss. 28.241 and 34.041,
  803  unless the disposition of such fees is otherwise required by
  804  law.
  805         (g)(f) All other revenues received by the clerk as revenue
  806  authorized by law to be retained by the clerk.
  807         (2) All revenues received by the clerk in the fine and
  808  forfeiture fund from court-related fees, fines, costs, and
  809  service charges are considered state funds and shall be remitted
  810  monthly to the Department of Revenue for deposit into the Clerks
  811  of the Court Trust Fund within the Justice Administrative
  812  Commission.
  813         (2)(3) Notwithstanding the provisions of this section, all
  814  fines and forfeitures arising from operation of the provisions
  815  of s. 318.1215 shall be disbursed in accordance with that
  816  section.
  817         Section 13. Section 213.131, Florida Statutes, is amended
  818  to read:
  819         213.131 Clerks of the Court Trust Fund within the
  820  Department of Revenue Justice Administrative Commission.—The
  821  Clerks of the Court Trust Fund is created within the Department
  822  of Revenue Justice Administrative Commission.
  823         Section 14. Subsection (2) of section 215.22, Florida
  824  Statutes, is amended to read:
  825         215.22 Certain income and certain trust funds exempt.—
  826         (2) Moneys and income of a revenue nature shared with
  827  political subdivisions or received from taxes or fees authorized
  828  to be levied by any political subdivision, including moneys from
  829  service charges, fees, costs, and fines deposited into the
  830  Clerks of the Court Trust Fund within the Department of Revenue,
  831  shall be exempt from the deduction required by s. 215.20(1).
  832         Section 15. Paragraph (qq) of subsection (1) of section
  833  216.011, Florida Statutes, is amended to read:
  834         216.011 Definitions.—
  835         (1) For the purpose of fiscal affairs of the state,
  836  appropriations acts, legislative budgets, and approved budgets,
  837  each of the following terms has the meaning indicated:
  838         (qq) “State agency” or “agency” means any official,
  839  officer, commission, board, authority, council, committee, or
  840  department of the executive branch of state government. For
  841  purposes of this chapter and chapter 215, “state agency” or
  842  “agency” includes, but is not limited to, state attorneys,
  843  public defenders, criminal conflict and civil regional counsel,
  844  capital collateral regional counsel, the Florida Clerks of Court
  845  Operations Corporation, the Justice Administrative Commission,
  846  the Florida Housing Finance Corporation, and the Florida Public
  847  Service Commission. Solely for the purposes of implementing s.
  848  19(h), Art. III of the State Constitution, the terms “state
  849  agency” or “agency” include the judicial branch.
  850         Section 16. For the period of July 1, 2013, through
  851  September 30, 2013, the clerks of the court are permitted to
  852  spend $110,845,078 of their total collected revenues and the
  853  Florida Clerks of Court Operations Corporation is permitted to
  854  spend $405,412 of the revenues collected to fund the
  855  corporation’s contract with the Department of Financial Services
  856  pursuant to s. 27.35(4), Florida Statutes. The Florida Clerks of
  857  Court Operations Corporation shall determine budget amounts for
  858  the individual clerks for that period. For the county fiscal
  859  year beginning October 1, 2013, and ending September 30, 2014,
  860  the clerks of the court are permitted to spend $443,380,312 of
  861  their total collected revenues and the Florida Clerks of Court
  862  Operations Corporation is permitted to spend $1,621,648 of the
  863  revenues collected to fund the corporation’s contract with the
  864  Department of Financial Services pursuant to s. 27.35(4),
  865  Florida Statutes. The Florida Clerks of Court Operations
  866  Corporation shall determine budget amounts for the individual
  867  clerks for that period.
  868         Section 17. Notwithstanding the requirement in s. 28.245,
  869  Florida Statutes, that all moneys collected by the clerks of
  870  court be distributed pursuant to the law in effect at the time
  871  of collection, the modifications in the distribution of moneys
  872  made in sections 3, 9, and 12 of this act shall be applied to
  873  moneys collected during June 2013. This section shall take
  874  effect upon becoming law.
  875         Section 18. Except as otherwise expressly provided in this
  876  act and except for this section, which shall take effect upon
  877  this act becoming a law, this act shall take effect July 1,
  878  2013.
  879  
  880  ================= T I T L E  A M E N D M E N T ================
  881         And the title is amended as follows:
  882         Delete everything before the enacting clause
  883  and insert:
  884                        A bill to be entitled                      
  885         An act relating to clerks of court; transferring the
  886         Clerks of the Court Trust Fund from the Justice
  887         Administrative Commission to the Department of
  888         Revenue; amending s. 11.90, F.S.; providing additional
  889         duties of the Legislative Budget Commission relating
  890         to clerks of court; amending s. 28.241, F.S.; revising
  891         distribution of filing fees; revising references to
  892         trust funds; repealing s. 28.2455, F.S., relating to
  893         transfer of trust funds in excess of amount needed for
  894         clerk budgets; amending s. 28.246, F.S.; conforming
  895         provisions to changes made by the act; amending s.
  896         28.35, F.S.; deleting provisions providing for the
  897         housing of the Florida Clerks of Court Operations
  898         Corporation; revising duties of the corporation;
  899         defining terms; providing requirements for annual
  900         submission of a proposed budget and related
  901         information; revising provisions concerning functions
  902         that may and may not be funded from specified sources;
  903         revising distribution of the corporation’s audit
  904         report; amending s. 28.36, F.S.; specifying that only
  905         certain functions may be funded from fees, service
  906         charges, costs, and fines retained by the clerks of
  907         the court; revising provisions relating to preparation
  908         of budget requests by clerks; providing for reporting
  909         and certification of revenue deficits; providing
  910         procedures for retention of additional revenues by
  911         clerks in the event of a deficit; providing for the
  912         release of funds from a specified trust fund to
  913         relieve such a deficit in certain circumstances;
  914         providing for increases in previously authorized
  915         budgets in certain circumstances; deleting provisions
  916         relating to review of budgets and related information;
  917         amending s. 28.37, F.S.; providing that a portion of
  918         all fines, fees, service charges, and costs collected
  919         by the clerks of the court which exceeds a specified
  920         portion of the clerk’s annual budget be remitted to a
  921         specified trust fund; providing for remission of
  922         certain excess collections to the department for
  923         deposit into the General Revenue Fund on specified
  924         dates; providing for deposit of such funds in a
  925         specified trust fund in certain circumstances;
  926         providing for collection of certain funds due by the
  927         department; amending s. 34.041, F.S.; conforming
  928         provisions to changes made by the act; revising
  929         distribution of certain fees; amending ss. 43.16 and
  930         110.205, F.S.; conforming provisions to changes made
  931         by the act; amending s. 142.01, F.S.; revising the
  932         funds deposited in each county’s fine and forfeiture
  933         fund; deleting provisions specifying that certain
  934         moneys are considered state funds; amending s.
  935         213.131, F.S.; conforming provisions to changes made
  936         by the act; amending s. 215.22, F.S.; exempting
  937         certain moneys deposited in the Clerks of the Court
  938         Trust Fund from a specified deduction; amending s.
  939         216.011, F.S.; conforming provisions to changes made
  940         by the act; specifying the authorized budget for the
  941         clerks of the circuit court and the corporation for
  942         specified periods; requiring the corporation to
  943         determine budget amounts for the individual clerks for
  944         those periods; providing an effective date.