House Bill hb1937

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    Florida House of Representatives - 2001                HB 1937

        By the Procedural & Redistricting Council and
    Representative Byrd





  1                      A bill to be entitled

  2         An act relating to state revenues collected by

  3         court clerks; creating s. 213.13, F.S.;

  4         requiring electronic remittance of certain

  5         funds and information to the Department of

  6         Revenue; specifying sources of the funds to be

  7         electronically remitted; requiring the

  8         department to establish procedures for

  9         electronic transmittal of funds and return

10         information; granting the department electronic

11         access to specified funds for certain purposes;

12         amending ss. 27.52, 28.101, 28.2401, 28.241,

13         34.041, 44.108, 316.192, 318.14, 318.18,

14         318.21, 327.35, 327.73, 372.7015, 372.72,

15         382.022, 382.023, 569.11, 741.01, 775.0835,

16         938.01, 938.03, 938.04, 938.06, 938.07, 938.23,

17         938.25, 938.27, and 960.17, F.S., to conform;

18         providing for deposit by the Department of

19         Revenue of certain moneys into certain trust

20         funds and to certain agencies; providing for

21         remittance of all moneys collected by the court

22         clerks for the state to the Department of

23         Revenue for deposit into certain funds or to

24         certain agencies; authorizing Department of

25         Revenue to adopt necessary forms, rules, and

26         procedures; providing effective dates.

27

28  Be It Enacted by the Legislature of the State of Florida:

29

30         Section 1.  Section 213.13, Florida Statutes, is

31  created to read:

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  1         213.13  Electronic remittance and distribution of funds

  2  collected by court clerks.--

  3         (1)  Court clerks shall electronically remit to the

  4  Department of Revenue proceeds from the taxes imposed by

  5  chapters 199 and 201 and all other fees, fines,

  6  reimbursements, court costs, or other court-related funds that

  7  court clerks are required to remit to the state by law. Court

  8  clerks shall also submit return information with the

  9  electronic payments required by this section in a manner that

10  is initiated through electronic means.

11         (2)  Notwithstanding any other provision of law, the

12  Department of Revenue shall establish procedures for the

13  electronic transmittal of funds and associated return

14  information submitted by court clerks. These procedures shall

15  be developed jointly by the Department of Revenue and the

16  Florida Association of Court Clerks representing the court

17  clerks.  The department shall adopt rules necessary to

18  implement the procedures contained in this section. At a

19  minimum, the electronic remittance procedures shall include:

20         (a)  The prescribed reporting frequency and time period

21  for court clerks to remit such funds and the prescribed time

22  period in which the department is to electronically deposit

23  the funds received into the appropriate state and local funds

24  and accounts.

25         (b)  The electronic format and type of debit remittance

26  system to be used by court clerks to remit the funds to the

27  department.

28         (c)  The information that must be submitted with such

29  remittance.

30         (d)  The means of communication used to transmit the

31  required information.

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  1         (3)  To ensure that the Department of Revenue correctly

  2  and timely deposits the revenues received electronically from

  3  the court clerks, the agencies that are authorized by law to

  4  receive such revenue deposits shall grant the department

  5  electronic access to the appropriate agency funds and

  6  accounts.

  7         Section 2.  Notwithstanding any other provision of law,

  8  all moneys collected by court clerks for subsequent

  9  distribution to a state agency or to the Supreme Court shall

10  be transmitted to the Department of Revenue for appropriate

11  distribution. A uniform remittance form provided by the

12  Department of Revenue detailing the specific amounts due each

13  fund shall accompany such submittal.

14         Section 3.  Paragraphs (d) and (e) of subsection (1) of

15  section 27.52, Florida Statutes, are amended to read:

16         27.52  Determination of indigency.--

17         (1)

18         (d)  If the court finds that the accused person

19  applying for representation appears to be indigent based upon

20  the financial affidavit required under paragraph (f), the

21  court shall appoint the public defender or a conflict attorney

22  to provide representation.  If the application fee is not paid

23  prior to the disposition of the case, the clerk shall advise

24  the sentencing judge of this fact and the court shall:

25         1.  Assess the application fee as part of the sentence

26  or as a condition of probation; or

27         2.  Assess the application fee pursuant to s. 938.29.

28

29  If the indigency examiner finds discrepancies between the

30  financial affidavit and the examiner's investigation of

31  assets, the indigency examiner shall submit the information to

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  1  the court and the court shall determine whether the public

  2  defender or conflict attorney shall continue representation.

  3  The defendant may be heard regarding the information

  4  discovered by the indigency examiner. If the court, based on

  5  the information provided, determines that the defendant is not

  6  indigent, the court shall order that the public defender or

  7  conflict attorney discontinue representation. Notwithstanding

  8  any provision of law or local order to the contrary, the clerk

  9  of the court shall assign the first $40 of any court assessed

10  fees or costs that are paid by an indigent defendant to the

11  Indigent Criminal Defense Trust Fund as payment for the

12  application fee. In no event should a person who is found to

13  be indigent be refused counsel for failure to pay the fee.

14         (e)  All application fees shall be transferred monthly

15  by the clerk of the court to the Department of Revenue for

16  deposit into the Indigent Criminal Defense Trust Fund,

17  administered by the Justice Administrative Commission, to be

18  used to supplement the general revenue funds appropriated by

19  the Legislature to the public defenders. The clerk of the

20  court may retain 2 percent of application fees collected

21  monthly for administrative costs prior to remitting the

22  remainder to the Department of Revenue Justice Administrative

23  Commission.

24         Section 4.  Subsection (1) of section 28.101, Florida

25  Statutes, is amended to read:

26         28.101  Petitions and records of dissolution of

27  marriage; additional charges.--

28         (1)  When a party petitions for a dissolution of

29  marriage, in addition to the filing charges in s. 28.241, the

30  clerk shall collect and receive:

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  1         (a)  A charge of $5. On a monthly basis, the clerk

  2  shall transfer the moneys collected pursuant to this paragraph

  3  to the Department of Revenue for deposit into in the Child

  4  Welfare Training Trust Fund created in s. 402.40.

  5         (b)  A charge of $5. On a monthly basis, the clerk

  6  shall transfer the moneys collected pursuant to this paragraph

  7  to the Department of Revenue State Treasury for deposit into

  8  in the Displaced Homemaker Trust Fund created in s. 446.50. If

  9  a petitioner does not have sufficient funds with which to pay

10  this fee and signs an affidavit so stating, all or a portion

11  of the fee shall be waived subject to a subsequent order of

12  the court relative to the payment of the fee.

13         (c)  A charge of $18.  On a monthly basis, the clerk

14  shall transfer the moneys collected pursuant to this paragraph

15  to the Department of Revenue State Treasury for deposit into

16  in the Domestic Violence Trust Fund.  Such funds which are

17  generated shall be directed to the Department of Children and

18  Family Services for the specific purpose of funding domestic

19  violence centers.

20         (d)  A charge of $32.50. On a monthly basis, the clerk

21  shall transfer the moneys collected pursuant to this paragraph

22  as follows:

23         1.  An amount of $7.50 to the Department of Revenue

24  State Treasury for deposit into in the Displaced Homemaker

25  Trust Fund.

26         2.  An amount of $25 to the Department of Revenue

27  Supreme Court for deposit into in the Family Courts Trust

28  Fund.

29         Section 5.  Subsection (3) of section 28.2401, Florida

30  Statutes, is amended to read:

31         28.2401  Service charges in probate matters.--

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  1         (3)  Service charges in excess of those fixed in this

  2  section may be imposed by the governing authority of the

  3  county by ordinance, or by special or local law, to provide

  4  and maintain facilities, including a law library; to provide

  5  and maintain equipment; or to provide or maintain a legal aid

  6  program.  Service charges other than those fixed in this

  7  section shall be governed by s. 28.24.  An additional service

  8  charge of $2.50 on petitions seeking summary administration,

  9  family administration, formal administration, ancillary

10  administration, guardianship, curatorship, and conservatorship

11  shall be paid to the clerk who shall transfer such charge to

12  the Department of Revenue for deposit into the Court Education

13  Trust Fund.

14         Section 6.  Subsection (1) of section 28.241, Florida

15  Statutes, is amended to read:

16         28.241  Filing charges for trial and appellate

17  proceedings.--

18         (1)  The party instituting any civil action, suit, or

19  proceeding in the circuit court shall pay to the clerk of that

20  court a service charge of $40 in all cases in which there are

21  not more than five defendants and an additional service charge

22  of $2 for each defendant in excess of five.  An additional

23  service charge of $10 shall be paid by the party seeking each

24  severance that is granted. An additional service charge of $35

25  shall be paid to the clerk for all proceedings of garnishment,

26  attachment, replevin, and distress. An additional service

27  charge of $8 shall be paid to the clerk for each civil action

28  filed, $7 of such charge to be remitted by the clerk to the

29  Department of Revenue State Treasurer for deposit into the

30  General Revenue Fund unallocated.  An additional charge of

31  $2.50 shall be paid to the clerk for each civil action brought

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  1  in circuit or county court, to be remitted by the clerk to the

  2  Department of Revenue for deposit deposited into the Court

  3  Education Trust Fund; the moneys collected shall be forwarded

  4  by the clerk to the Supreme Court monthly for deposit in the

  5  fund.  Service charges in excess of those herein fixed may be

  6  imposed by the governing authority of the county by ordinance

  7  or by special or local law; and such excess shall be expended

  8  as provided by such ordinance or any special or local law, now

  9  or hereafter in force, to provide and maintain facilities,

10  including a law library, for the use of the courts of the

11  county wherein the service charges are collected; to provide

12  and maintain equipment; or for a legal aid program in such

13  county.  In addition, the county is authorized to impose, by

14  ordinance or by special or local law, a fee of up to $15 for

15  each civil action filed, for the establishment, maintenance,

16  or supplementation of a public guardian pursuant to ss.

17  744.701-744.708, inclusive.  Postal charges incurred by the

18  clerk of the circuit court in making service by certified or

19  registered mail on defendants or other parties shall be paid

20  by the party at whose instance service is made. That part of

21  the within fixed or allowable service charges which is not by

22  local or special law applied to the special purposes shall

23  constitute the total service charges of the clerk of such

24  court for all services performed by him or her in civil

25  actions, suits, or proceedings.  The sum of all service

26  charges and fees permitted under this subsection may not

27  exceed $200; however, the $200 cap may be increased to $210 in

28  order to provide for the establishment, maintenance, or

29  supplementation of a public guardian as indicated in this

30  subsection.

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  1         Section 7.  Subsection (6) of section 34.041, Florida

  2  Statutes, is amended to read:

  3         34.041  Service charges and costs.--

  4         (6)  In addition to the filing fees provided in

  5  subsection (1), in all civil cases, the sum of $7.00 per case

  6  shall be paid by the plaintiff when filing an action for the

  7  purpose of funding the court costs.  Such funds shall be

  8  remitted by the clerk to the Department of Revenue for deposit

  9  into to the General Revenue Fund.

10         Section 8.  Subsection (4) of section 44.108, Florida

11  Statutes, is amended to read:

12         44.108  Funding of mediation and

13  arbitration.--Mediation should be accessible to all parties

14  regardless of financial status.  Each board of county

15  commissioners may support mediation and arbitration services

16  by appropriating moneys from county revenues and by:

17         (4)  If a board of county commissioners levies the

18  service charge authorized in subsection (1), subsection (2),

19  or subsection (3), the clerk of the court shall forward $1 of

20  each charge to the Department of Revenue for deposit into the

21  Office of the State Courts Administrator.  That office shall

22  deposit the funds in a state mediation and arbitration trust

23  fund which is hereby established.  Such fund shall be used by

24  the Supreme Court to carry out its responsibilities set forth

25  in s. 44.106.

26         Section 9.  Subsection (3) of section 316.192, Florida

27  Statutes, is amended to read:

28         316.192  Reckless driving.--

29         (3)  Notwithstanding any other provision of this

30  section, $5 shall be added to a fine imposed pursuant to this

31  section. The clerk shall remit the $5 to the Department of

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  1  Revenue for deposit into, which $5 shall be deposited in the

  2  Emergency Medical Services Trust Fund.

  3         Section 10.  Paragraph (b) of subsection (10) of

  4  section 318.14, Florida Statutes, is amended to read:

  5         318.14  Noncriminal traffic infractions; exception;

  6  procedures.--

  7         (10)

  8         (b)  Any person cited for an offense listed in this

  9  subsection shall present proof of compliance prior to the

10  scheduled court appearance date. For the purposes of this

11  subsection, proof of compliance shall consist of a valid,

12  renewed, or reinstated driver's license or registration

13  certificate and proper proof of maintenance of security as

14  required by s. 316.646. Notwithstanding waiver of fine, any

15  person establishing proof of compliance shall be assessed

16  court costs of $22, except that a person charged with

17  violation of s. 316.646(1)-(3) may be assessed court costs of

18  $7. One dollar of such costs shall be remitted distributed to

19  the Department of Revenue Children and Family Services for

20  deposit into the Child Welfare Training Trust Fund of the

21  Department of Children and Family Services.  One dollar of

22  such costs shall be distributed to the Department of Juvenile

23  Justice for deposit into the Juvenile Justice Training Trust

24  Fund. Twelve dollars of such costs shall be distributed to the

25  municipality and $8 shall be retained by the county, if the

26  offense was committed within the municipality.  If the offense

27  was committed in an unincorporated area of a county or if the

28  citation was for a violation of s. 316.646(1)-(3), the county

29  shall retain the entire amount, except for the moneys to be

30  deposited into the Child Welfare Training Trust Fund and the

31  Juvenile Justice Training Trust Fund.  This subsection shall

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  1  not be construed to authorize the operation of a vehicle

  2  without a valid driver's license, without a valid vehicle tag

  3  and registration, or without the maintenance of required

  4  security.

  5         Section 11.  Paragraph (a) of subsection (8) of section

  6  318.18, Florida Statutes, is amended to read:

  7         318.18  Amount of civil penalties.--The penalties

  8  required for a noncriminal disposition pursuant to s. 318.14

  9  are as follows:

10         (8)(a)  Any person who fails to comply with the court's

11  requirements or who fails to pay the civil penalties specified

12  in this section within the 30-day period provided for in s.

13  318.14 must pay an additional civil penalty of $12, $2.50 of

14  which must be remitted to the Department of Revenue for

15  deposit deposited into the General Revenue Fund, and $9.50 of

16  which must be remitted to the Department of Revenue for

17  deposit into deposited in the Highway Safety Operating Trust

18  Fund. There is hereby appropriated from the Highway Safety

19  Operating Trust Fund for fiscal year 1996-1997 the amount of

20  $4 million.  From this appropriation The department shall

21  contract with the Florida Association of Court Clerks, Inc.,

22  to design, establish, operate, upgrade, and maintain an

23  automated statewide Uniform Traffic Citation Accounting System

24  to be operated by the clerks of the court which shall include,

25  but not be limited to, the accounting for traffic infractions

26  by type, a record of the disposition of the citations, and an

27  accounting system for the fines assessed and the subsequent

28  fine amounts paid to the clerks of the court. On or before

29  December 1, 2001, the clerks of the court must provide the

30  information required by this chapter to be transmitted to the

31

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  1  department by electronic transmission pursuant to the

  2  contract.

  3         Section 12.  Section 318.21, Florida Statutes, as

  4  amended by chapters 97-235, 98-280, 98-403, and 2000-139, Laws

  5  of Florida, is amended to read:

  6         318.21  Disposition of civil penalties by county

  7  courts.--All civil penalties received by a county court

  8  pursuant to the provisions of this chapter shall be

  9  distributed and paid monthly as follows:

10         (1)  One dollar from every civil penalty shall be

11  remitted paid to the Department of Revenue Children and Family

12  Services for deposit into the Child Welfare Training Trust

13  Fund for child welfare training purposes pursuant to s.

14  402.40. One dollar from every civil penalty shall be remitted

15  paid to the Department of Revenue Juvenile Justice for deposit

16  into the Juvenile Justice Training Trust Fund for juvenile

17  justice purposes pursuant to s. 985.406.

18         (2)  Of the remainder:

19         (a)  Twenty and six-tenths percent shall be remitted

20  paid to the Department of Revenue for deposit into the County

21  Article V Trust Fund, except that the first $300,000 shall be

22  deposited into the Grants and Donations Trust Fund in the

23  state courts system for administrative costs, training costs,

24  and costs associated with the implementation and maintenance

25  of Florida foster care citizen review panels in a

26  constitutional charter county as provided for in s. 39.702.

27         (b)  Seven and two-tenths percent shall be remitted to

28  the Department of Revenue for deposit into deposited in the

29  Emergency Medical Services Trust Fund for the purposes set

30  forth in s. 401.113.

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  1         (c)  Five and one-tenth percent shall be remitted to

  2  the Department of Revenue for deposit into deposited in the

  3  Additional Court Cost Clearing Trust Fund established pursuant

  4  to s. 938.01 for criminal justice purposes.

  5         (d)  Eight and two-tenths percent shall be remitted to

  6  the Department of Revenue for deposit into deposited in the

  7  Brain and Spinal Cord Injury Rehabilitation Trust Fund for the

  8  purposes set forth in s. 381.79.

  9         (e)  Two percent shall be remitted to the Department of

10  Revenue for deposit into deposited in the endowment fund of

11  the Florida Endowment Foundation for Vocational Rehabilitation

12  established by s. 413.615.

13         (f)  Five-tenths percent shall be paid to the clerk of

14  the court for administrative costs.

15         (g)1.  If the violation occurred within a municipality

16  or a special improvement district of the Seminole Indian Tribe

17  or Miccosukee Indian Tribe, 56.4 percent shall be paid to that

18  municipality or special improvement district.

19         2.  If the violation occurred within the unincorporated

20  area of a county that is not within a special improvement

21  district of the Seminole Indian Tribe or Miccosukee Indian

22  Tribe, 56.4 percent shall be paid to that county.

23         (h)  Fifteen percent must be deposited into the County

24  Article V Trust Fund.

25         (i)  For fiscal year 2000-2001 only, and in lieu of the

26  provisions of paragraph (a), five and six-tenths percent shall

27  be paid to the General Revenue Fund of the state, except that

28  the first $300,000 shall be deposited into the Grants and

29  Donations Trust Fund in the state courts system for

30  administrative costs, training costs, and costs associated

31  with the implementation and maintenance of Florida foster care

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  1  citizen review panels as provided for in s. 39.702. This

  2  paragraph is repealed on July 1, 2001.

  3         (3)(a)  Moneys paid to a municipality or special

  4  improvement district under subparagraph (2)(g)1. must be used

  5  to fund local criminal justice training as provided in s.

  6  938.15 when such a program is established by ordinance; to

  7  fund a municipal school crossing guard training program; and

  8  for any other lawful purpose.

  9         (b)  Moneys paid to a county under subparagraph

10  (2)(g)2. shall be used to fund local criminal justice training

11  as provided in s. 938.15 when such a program is established by

12  ordinance, to fund a county school crossing guard training

13  program, and for any other lawful purpose.

14         (4)  Of the additional fine assessed under s.

15  318.18(3)(e) for a violation of s. 316.1301, 40 percent must

16  be remitted to the Department of Revenue for deposit deposited

17  into the Grants and Donations Trust Fund of the Division of

18  Blind Services of the Department of Education Labor and

19  Employment Security, and 60 percent must be distributed

20  pursuant to subsections (1) and (2).

21         (5)  Of the additional fine assessed under s.

22  318.18(3)(e) for a violation of s. 316.1303, 60 percent must

23  be remitted to the Department of Revenue for deposit deposited

24  into the endowment fund for the Florida Endowment Foundation

25  for Vocational Rehabilitation, and 40 percent must be

26  distributed pursuant to subsections (1) and (2) of this

27  section.

28         (6)  For every violation of s. 316.613 or s. 316.614,

29  $5 will be deducted from the civil penalty assessed under this

30  chapter and remitted to the Department of Revenue for deposit

31  deposited into the Epilepsy Services Trust Fund established

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  1  under s. 385.207.  The remainder must be distributed pursuant

  2  to subsections (1) and (2).

  3         (7)  For fines assessed under s. 318.18(3) for unlawful

  4  speed, the following amounts must be remitted to the

  5  Department of Revenue for deposit deducted and deposited into

  6  the Nongame Wildlife Trust Fund:

  7

  8  For speed exceeding the limit by:                        Fine:

  9  1-5 m.p.h...............................................$  .00

10  6-9 m.p.h...............................................$  .25

11  10-14 m.p.h.............................................$ 3.00

12  15-19 m.p.h.............................................$ 4.00

13  20-29 m.p.h.............................................$ 5.00

14  30 m.p.h. and above.....................................$10.00

15

16  The remaining amount must be distributed pursuant to

17  subsections (1) and (2).

18         (8)  All moneys collected by the clerk of the court for

19  deposit into a state trust fund must be sent monthly to the

20  Department of Highway Safety and Motor Vehicles for

21  distribution.  Such a submittal must be accompanied by a

22  specific accounting of the amounts due each fund.

23         (8)(9)  Fines and forfeitures received from violations

24  committed within a municipality must be paid monthly to that

25  municipality; fines and forfeitures received from violations

26  committed within a special improvement district created for

27  the Seminole Indian Tribe or Miccosukee Indian Tribe under s.

28  285.17 must be paid monthly to that special improvement

29  district. These fines and forfeitures must be paid monthly to

30  that municipality or special improvement district in addition

31  to any other fines and forfeitures received by a county court

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  1  which are required to be paid to that municipality or special

  2  improvement district under any other law.  If, on February 1,

  3  1972, any chartered county court that has countywide

  4  jurisdiction was trying traffic offenses committed within a

  5  municipality in that county, two-thirds of the fines and

  6  forfeitures received as a result of violations of this

  7  chapter, or of any ordinances adopting matter covered by this

  8  chapter, committed within a municipality must be paid and

  9  distributed to the municipality, and the remainder must be

10  paid to the county, except as otherwise provided in subsection

11  (5).  The amount of fines and forfeitures payable to a special

12  improvement district created under s. 285.17 which is located

13  in a charter county must be determined in the same manner as

14  the amount of fines and forfeitures payable to a municipality

15  in that county. All fines and forfeitures received by any

16  county court as the result of citations issued under s.

17  316.640(2)(c)1. must be paid to the county whether or not such

18  citations were issued for parking violations that occurred

19  within a municipality or special improvement district created

20  under s. 285.17.

21         (9)(10)  Twelve dollars and fifty cents from each

22  moving traffic violation must be used by the county to fund

23  that county's participation in an intergovernmental radio

24  communication program approved by the Department of Management

25  Services. If the county is not participating in such a

26  program, funds collected must be used to fund local law

27  enforcement automation and must be distributed to the

28  municipality or special improvement district in which the

29  violation occurred or to the county if the violation occurred

30  within the unincorporated area of the county.

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  1         (10)(11)  The additional costs and surcharges on

  2  criminal traffic offenses provided for under ss. 938.03 and

  3  938.04 must be collected and distributed by the clerk of the

  4  court as provided in those sections.  The additional costs and

  5  surcharges must also be collected for the violation of any

  6  ordinances adopting the criminal traffic offenses enumerated

  7  in s. 318.17.

  8         (11)(12)(a)  A county or municipality may, by majority

  9  vote of the governing board of the respective county or

10  municipality, impose a surcharge on parking fines for the sole

11  purpose of funding school crossing guard programs; however,

12  the governing body may set aside funds from this surcharge to

13  pay for startup costs and recurring administrative costs

14  related to printing new tickets or other means of implementing

15  the program.  The surcharge must be authorized by ordinance

16  requiring public hearings.

17         (b)  The proceeds of this surcharge must be placed in a

18  trust fund established by the governing body of the county or

19  municipality called the School Crossing Guard Trust Fund.

20  Funds collected from this surcharge must be distributed

21  quarterly to fund the school crossing guard programs provided

22  in subsection (3).

23         (c)  If a county government is operating a school

24  crossing guard program in the exercise of its municipal

25  responsibilities, the county may, by majority vote of its

26  governing board, impose a countywide surcharge on parking

27  fines for the sole purpose of funding school crossing guard

28  programs throughout the county; however, the governing body

29  may set aside funds from this surcharge to pay for startup

30  costs and recurring administrative costs related to printing

31  new tickets or other means of implementing the program. The

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  1  surcharge must be authorized by an ordinance requiring public

  2  hearings. This surcharge, established by the governing body of

  3  the county, must be placed in a trust fund called the School

  4  Crossing Guard Trust Fund. Funds collected from this surcharge

  5  must be distributed quarterly to jurisdictions to fund school

  6  crossing guard programs based on each jurisdiction's

  7  percentage of the school crossing guards in the county school

  8  district.

  9         Section 13.  Effective July 1, 2002, paragraph (a) of

10  subsection (2) of section 318.21, Florida Statutes, as amended

11  by chapters 97-235, 98-280, 98-403, and 2000-139, Laws of

12  Florida, is amended to read:

13         (2)  Of the remainder:

14         (a)  Twenty and six-tenths percent shall be remitted to

15  the Department of Revenue for deposit into paid to the General

16  Revenue Fund of the state, except that the first $300,000

17  shall be deposited into the Grants and Donations Trust Fund in

18  the state courts system for administrative costs, training

19  costs, and costs associated with the implementation and

20  maintenance of Florida foster care citizen review panels in a

21  constitutional charter county as provided for in s. 39.702.

22         Section 14.  Subsection (9) of section 327.35, Florida

23  Statutes, is amended to read:

24         327.35  Boating under the influence; penalties;

25  "designated drivers".--

26         (9)  Notwithstanding any other provision of this

27  section, for any person convicted of a violation of subsection

28  (1), in addition to the fines set forth in subsections (2) and

29  (4), an additional fine of $60 shall be assessed and collected

30  in the same manner as the fines set forth in subsections (2)

31  and (4). All fines collected under this subsection shall be

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  1  remitted to the Department of Revenue for deposit paid monthly

  2  into the Brain and Spinal Cord Injury Rehabilitation Trust

  3  Fund and used for the purposes set forth in s. 381.79, after 5

  4  percent is deducted therefrom by the clerk of the court for

  5  administrative costs.

  6         Section 15.  Subsection (8) of section 327.73, Florida

  7  Statutes, is amended to read:

  8         327.73  Noncriminal infractions.--

  9         (8)  All fees and civil penalties assessed and

10  collected pursuant to this section shall be remitted by the

11  clerk of the court to the Department of Revenue to be

12  deposited into the Marine Resources Conservation Trust Fund

13  for boating safety education purposes.

14         Section 16.  Section 372.7015, Florida Statutes, is

15  amended to read:

16         372.7015  Illegal killing, taking, possessing, or

17  selling wildlife or game; fines; disposition of fines.--In

18  addition to any other penalty provided by law, any person who

19  violates the criminal provisions of this chapter and rules

20  adopted pursuant to this chapter by illegally killing, taking,

21  possessing, or selling game or fur-bearing animals as defined

22  in s. 372.001(3) or (4) in or out of season while violating

23  chapter 810 shall pay a fine of $250 for each such violation,

24  plus court costs and any restitution ordered by the court. All

25  fines collected under this section shall be remitted by the

26  clerk of the court to the Department of Revenue to be

27  deposited into the Fish and Wildlife Conservation Commission's

28  State Game Trust Fund.

29         Section 17.  Subsection (2) of section 372.72, Florida

30  Statutes, is amended to read:

31

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  1         372.72  Disposition of fines, penalties, and

  2  forfeitures.--

  3         (2)  All moneys collected from fines, penalties, or

  4  forfeitures of bail of persons convicted of violations of

  5  rules, regulations, or orders of the Fish and Wildlife

  6  Conservation Commission concerning endangered or threatened

  7  species or of violation of s. 372.662, s. 372.663, s. 372.667,

  8  or s. 372.671 shall be remitted by the clerk of the court to

  9  the Department of Revenue to be deposited into in the Nongame

10  Wildlife Trust Fund.

11         Section 18.  Section 382.022, Florida Statutes, is

12  amended to read:

13         382.022  Marriage application fees.--Upon the receipt

14  of each application for the issuance of a marriage license,

15  the county court judge or clerk of the circuit court shall,

16  pursuant to s. 741.02, collect and receive a fee of $4 which

17  shall be remitted transmitted, on or before the 10th day of

18  each month, to the Department of Revenue for transfer to the

19  Department of Health to defray part of the cost of maintaining

20  marriage records.

21         Section 19.  Section 382.023, Florida Statutes, is

22  amended to read:

23         382.023  Department to receive dissolution-of-marriage

24  records; fees.--Clerks of the circuit courts shall collect for

25  their services at the time of the filing of a final judgment

26  of dissolution of marriage a fee of $7, of which $3 shall be

27  retained by the circuit court as a part of the cost in the

28  cause in which the judgment is granted.  The remaining $4

29  shall be remitted to the Department of Revenue for transfer to

30  the Department of Health to defray part of the cost of

31  maintaining the dissolution-of-marriage records., together

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  1  with A record of each and every judgment of dissolution of

  2  marriage granted by the court during the preceding calendar

  3  month, giving names of parties and such other data as required

  4  by forms prescribed by the department, shall be transmitted to

  5  the department, on or before the 10th day of each month,

  6  together with an accounting of the funds remitted to the

  7  Department of Revenue pursuant to this section to defray part

  8  of the cost of maintaining the dissolution-of-marriage

  9  records.

10         Section 20.  Subsection (6) of section 569.11, Florida

11  Statutes, is amended to read:

12         569.11  Possession, misrepresenting age or military

13  service to purchase, and purchase of tobacco products by

14  persons under 18 years of age prohibited; penalties;

15  jurisdiction; disposition of fines.--

16         (6)  Eighty percent of all civil penalties received by

17  a county court pursuant to this section shall be remitted by

18  the clerk of the court to the Department of Revenue for

19  transfer transferred to the Department of Education to provide

20  for teacher training and for research and evaluation to reduce

21  and prevent the use of tobacco products by children, pursuant

22  to s. 233.067(4). The remaining 20 percent of civil penalties

23  received by a county court pursuant to this section shall

24  remain with the clerk of the county court to cover

25  administrative costs.

26         Section 21.  Section 741.01, Florida Statutes, is

27  amended to read:

28         741.01  County court judge or clerk of the circuit

29  court to issue marriage license; fee.--

30         (1)  Every marriage license shall be issued by a county

31  court judge or clerk of the circuit court under his or her

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  1  hand and seal. The county court judge or clerk of the circuit

  2  court shall issue such license, upon application for the

  3  license, if there appears to be no impediment to the marriage.

  4  The county court judge or clerk of the circuit court shall

  5  collect and receive a fee of $2 for receiving the application

  6  for the issuance of a marriage license.

  7         (2)  The fee charged for each marriage license issued

  8  in the state shall be increased by the sum of $30.  This fee

  9  shall be collected upon receipt of the application for the

10  issuance of a marriage license and remitted by the clerk of

11  the court to the Department of Revenue for deposit into the

12  Domestic Violence Trust Fund.  The Executive Office of the

13  Governor shall establish a Domestic Violence Trust Fund for

14  the purpose of collecting and disbursing funds generated from

15  the increase in the marriage license fee.  Such funds which

16  are generated shall be directed to the Department of Children

17  and Family Services for the specific purpose of funding

18  domestic violence centers, and the funds shall be appropriated

19  in a "grants-in-aid" category to the Department of Children

20  and Family Services for the purpose of funding domestic

21  violence centers.

22         (3)  Further, the fee charged for each marriage license

23  issued in the state shall be increased by an additional sum of

24  $7.50 to be collected upon receipt of the application for the

25  issuance of a marriage license.  The clerk shall transfer such

26  funds monthly to the Department of Revenue State Treasury for

27  deposit into in the Displaced Homemaker Trust Fund created in

28  s. 446.50.

29         (4)  An additional fee of $25 shall be paid to the

30  clerk upon receipt of the application for issuance of a

31  marriage license. The moneys collected shall be remitted

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  1  forwarded by the clerk to the Department of Revenue Supreme

  2  Court, monthly, for deposit into in the Family Courts Trust

  3  Fund.

  4         (5)  The fee charged for each marriage license issued

  5  in the state shall be reduced by a sum of $32.50 for all

  6  couples who present valid certificates of completion of a

  7  premarital preparation course from a qualified course provider

  8  registered under s. 741.0305(5) for a course taken no more

  9  than 1 year prior to the date of application for a marriage

10  license. For each license issued that is subject to the fee

11  reduction of this subsection, the clerk is not required to

12  transfer the sum of $7.50 to the Department of Revenue State

13  Treasury for deposit into in the Displaced Homemaker Trust

14  Fund pursuant to subsection (3) or to transfer the sum of $25

15  to the Department of Revenue Supreme Court for deposit into in

16  the Family Courts Trust Fund.

17         Section 22.  Section 775.0835, Florida Statutes, is

18  amended to read:

19         775.0835  Fines; surcharges; Crimes Compensation Trust

20  Fund.--

21         (1)  When any person pleads guilty or nolo contendere

22  to, or is convicted of, any felony or misdemeanor under the

23  laws of this state which resulted in the injury or death of

24  another person, the court may, if it finds that the defendant

25  has the present ability to pay the fine and finds that the

26  impact of the fine upon the defendant's dependents will not

27  cause such dependents to be dependent on public welfare, in

28  addition to any other penalty, order the defendant to pay a

29  fine, commensurate with the offense committed and with the

30  probable impact upon the victim, but not to exceed $10,000.

31

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  1  The fine shall be remitted to the Department of Revenue for

  2  deposit into deposited in the Crimes Compensation Trust Fund.

  3         (2)  The additional $50 obligation created by s. 938.03

  4  shall be collected, and $49 of each $50 collected shall be

  5  remitted to the Department of Revenue for deposit into

  6  credited to the Crimes Compensation Trust Fund, prior to any

  7  fine or surcharge authorized by this chapter. These costs are

  8  considered assessed unless specifically waived by the court.

  9  If the court does not order these costs, it shall state on the

10  record, in detail, the reasons therefor.

11         Section 23.  Subsection (1) of section 938.01, Florida

12  Statutes, is amended to read:

13         938.01  Additional Court Cost Clearing Trust Fund.--

14         (1)  All courts created by Art. V of the State

15  Constitution shall, in addition to any fine or other penalty,

16  assess $3 as a court cost against every person convicted for

17  violation of a state penal or criminal statute or convicted

18  for violation of a municipal or county ordinance. Any person

19  whose adjudication is withheld pursuant to the provisions of

20  s. 318.14(9) or (10) shall also be assessed such cost. In

21  addition, $3 from every bond estreature or forfeited bail bond

22  related to such penal statutes or penal ordinances shall be

23  remitted to the Department of Revenue forwarded to the

24  Treasurer as described in this subsection. However, no such

25  assessment may be made against any person convicted for

26  violation of any state statute, municipal ordinance, or county

27  ordinance relating to the parking of vehicles.

28         (a)  All such costs collected by the courts shall be

29  remitted to the Department of Revenue, in accordance with

30  administrative rules adopted by the executive director of the

31  Department of Revenue, for deposit in the Additional Court

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  1  Cost Clearing Trust Fund and shall be earmarked to the

  2  Department of Law Enforcement for distribution as follows:

  3         1.  Two dollars and seventy-five cents of each $3

  4  assessment shall be deposited in the Criminal Justice

  5  Standards and Training Trust Fund, and the remaining 25 cents

  6  of each such assessment shall be deposited into the Department

  7  of Law Enforcement Operating Trust Fund and shall be disbursed

  8  to the Department of Law Enforcement.

  9         2.  Ninety-two percent of the money distributed to the

10  Additional Court Cost Clearing Trust Fund pursuant to s.

11  318.21 shall be earmarked to the Department of Law Enforcement

12  for deposit in the Criminal Justice Standards and Training

13  Trust Fund, and 8 percent of such money shall be deposited

14  into the Department of Law Enforcement Operating Trust Fund

15  and shall be disbursed to the Department of Law Enforcement.

16         (b)  The funds deposited in the Criminal Justice

17  Standards and Training Trust Fund and the Department of Law

18  Enforcement Operating Trust Fund may be invested. Any interest

19  earned from investing such funds and any unencumbered funds

20  remaining at the end of the budget cycle shall remain in the

21  respective trust fund until the following year.

22         (c)  All funds in the Criminal Justice Standards and

23  Training Trust Fund earmarked to the Department of Law

24  Enforcement shall be disbursed only in compliance with s.

25  943.25(9).

26         Section 24.  Subsection (4) of section 938.03, Florida

27  Statutes, is amended to read:

28         938.03  Crimes Compensation Trust Fund.--

29         (4)  The clerk of the court shall collect and forward

30  $49 of each $50 collected to the Department of Revenue

31  Treasurer, to be deposited in the Crimes Compensation Trust

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  1  Fund. The clerk shall retain the remaining $1 of each $50

  2  collected as a service charge of the clerk's office. Under no

  3  condition shall a political subdivision be held liable for the

  4  payment of this sum of $50.

  5         Section 25.  Section 938.04, Florida Statutes, is

  6  amended to read:

  7         938.04  Additional cost with respect to criminal fines

  8  and bail bonds.--In addition to any fine for any criminal

  9  offense prescribed by law, including a criminal traffic

10  offense, and in addition to the cost imposed pursuant to the

11  provisions of s. 318.14(10), there is hereby established and

12  created as a court cost an additional 5-percent surcharge

13  thereon which shall be imposed, levied, and collected together

14  with such fine or cost imposed pursuant to s. 318.14(10). The

15  additional court cost created under this section shall be

16  remitted to the Department of Revenue for deposit into

17  deposited in the Crimes Compensation Trust Fund created by s.

18  960.21.

19         Section 26.  Subsection (2) of section 938.06, Florida

20  Statutes, is amended to read:

21         938.06  Additional cost for crime stoppers programs.--

22         (2)  The clerk of the court shall collect and forward,

23  on a monthly basis, all costs assessed under this section,

24  less $3 per assessment as a service charge to be retained by

25  the clerk, to the Department of Revenue Legal Affairs for

26  deposit into in the Crime Stoppers Trust Fund, to be used as

27  provided in s. 16.555.

28         Section 27.  Section 938.07, Florida Statutes, is

29  amended to read:

30         938.07  Driving under the influence.--Notwithstanding

31  any other provision of s. 316.193, a court cost of $135 shall

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  1  be added to any fine imposed pursuant to s. 316.193. The

  2  clerks shall remit the funds to the Department of Revenue, of

  3  which $25 of which shall be deposited into in the Emergency

  4  Medical Services Trust Fund, $50 shall be deposited into in

  5  the Criminal Justice Standards and Training Trust Fund of the

  6  Department of Law Enforcement to be used for operational

  7  expenses in conducting the statewide criminal analysis

  8  laboratory system established in s. 943.32, and $60 shall be

  9  deposited into in the Brain and Spinal Cord Injury

10  Rehabilitation Trust Fund created in s. 381.79.

11         Section 28.  Subsection (2) of section 938.23, Florida

12  Statutes, is amended to read:

13         938.23  Assistance grants for alcohol and other drug

14  abuse programs.--

15         (2)  All assessments authorized by this section shall

16  be collected by the clerk of court and remitted to the

17  jurisdictional county as described in s. 893.165(2) for

18  deposit into the County Alcohol and Other Drug Abuse Trust

19  Fund or remitted to the Department of Revenue Children and

20  Family Services for deposit into the department's Community

21  Alcohol and Other Drug Abuse Services Grants and Donations

22  Trust Fund of the Department of Children and Family Services

23  pursuant to guidelines and priorities developed by the

24  department.  If a County Alcohol and Other Drug Abuse Trust

25  Fund has not been established for any jurisdictional county,

26  assessments collected by the clerk of court shall be remitted

27  to the Department of Revenue Children and Family Services for

28  deposit into the department's Community Alcohol and Other Drug

29  Abuse Services Grants and Donations Trust Fund of the

30  Department of Children and Family Services.

31

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  1         Section 29.  Section 938.25, Florida Statutes, is

  2  amended to read:

  3         938.25  Operating Trust Fund of the Department of Law

  4  Enforcement.--Notwithstanding any provision to the contrary of

  5  the laws of this state, the court may assess any defendant who

  6  pleads guilty or nolo contendere to, or is convicted of, a

  7  violation of any provision of s. 893.13, without regard to

  8  whether adjudication was withheld, in addition to any fine and

  9  other penalty provided or authorized by law, an amount of

10  $100, to be paid to the clerk of the court, who shall forward

11  it to the Department of Revenue for deposit into the Operating

12  Trust Fund of the Department of Law Enforcement to be used by

13  the statewide criminal analysis laboratory system for the

14  purposes specified in s. 943.361. The court is authorized to

15  order a defendant to pay an additional assessment if it finds

16  that the defendant has the ability to pay the fine and the

17  additional assessment and will not be prevented thereby from

18  being rehabilitated or from making restitution.

19         Section 30.  Subsection (9) of section 938.27, Florida

20  Statutes, is amended to read:

21         938.27  Judgment for costs on conviction.--

22         (9)  Investigative costs which are recovered shall be

23  returned to the appropriate investigative agency which

24  incurred the expense.  Costs shall include actual expenses

25  incurred in conducting the investigation and prosecution of

26  the criminal case; however, costs may also include the

27  salaries of permanent employees. Any investigative costs

28  recovered on behalf of a state agency must be remitted to the

29  Department of Revenue for deposit into the agency operating

30  trust fund and a report of the payment must be sent to the

31  agency.

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  1         Section 31.  Subsection (4) of section 960.17, Florida

  2  Statutes, is amended to read:

  3         960.17  Award constitutes debt owed to state.--

  4         (4)  Payments authorized under this section shall be

  5  remitted to the clerk of the court in the county in which the

  6  conviction occurred and are to be paid by the clerk of the

  7  court to the Department of Revenue for deposit into to the

  8  Crimes Compensation Trust Fund. Any order of restitution or

  9  judgment to the state made by any court pursuant to this

10  section may be enforced by the department in the same manner

11  as a judgment in a civil action or by other enforcement

12  measures administered by the department. The outstanding

13  unpaid amount of the order shall bear interest in accordance

14  with s. 55.03 and shall, when properly recorded, become a lien

15  on real estate owned by the defendant.

16         Section 32.  Effective upon this act becoming a law,

17  the Department of Revenue is authorized to prepare forms and

18  adopt rules and procedures necessary for the administration of

19  this act.

20         Section 33.  Except as otherwise provided herein, this

21  act shall take effect March 1, 2002.

22

23            *****************************************

24                          HOUSE SUMMARY

25
      Requires state revenues collected by court clerks to be
26    electronically remitted to the Department of Revenue,
      requires the department to establish electronic
27    transmittal and information return procedures, and grants
      the department electronic access to agency funds for
28    correct and timely deposit of revenues.

29

30

31

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