| 1 | A bill to be entitled |
| 2 | An act relating to the clerks of court; amending s. 11.90, |
| 3 | F.S.; providing for review and approval or disapproval of |
| 4 | the Florida Clerks of Court Operations Corporation budget |
| 5 | and the clerks of court's combined budgets by the |
| 6 | Legislative Budget Commission; amending s. 25.381, F.S.; |
| 7 | requiring the Supreme Court and Attorney General to |
| 8 | jointly enter into a contract with a vendor to publish |
| 9 | copies of Florida cases; amending s. 28.241, F.S.; |
| 10 | revising the distribution of certain filing fees; amending |
| 11 | s. 28.246, F.S.; requiring the clerk of court to pursue |
| 12 | collection of certain fees, service charges, fines, court |
| 13 | costs, and liens; revising collection fees; amending s. |
| 14 | 28.35, F.S.; revising the membership of the executive |
| 15 | council of the Florida Clerks of Court Operations |
| 16 | Corporation; providing that the corporation is subject to |
| 17 | state procurement law; revising the duties of the |
| 18 | corporation; amending s. 28.36, F.S.; revising the budget |
| 19 | procedures of the clerks of the court; requiring the |
| 20 | Auditor General to develop a study plan and present the |
| 21 | plan to the Legislative Budget Commission; requiring the |
| 22 | Auditor General to provide a report to the Legislature; |
| 23 | requiring the Technology Review Workgroup to develop a |
| 24 | plan for determining options for implementing an |
| 25 | integrated computer system; prohibiting clerks of the |
| 26 | court from purchasing certain new software and certain |
| 27 | hardware; providing a statewide budget cap for the clerks |
| 28 | of court; creating s. 28.365, F.S.; providing that the |
| 29 | clerks of court are subject to state procurement law; |
| 30 | amending s. 28.37, F.S.; specifying that all court-related |
| 31 | fines, fees, service charges, and costs are required to be |
| 32 | deposited into the Clerks of the Court Trust Fund; |
| 33 | specifying that a certain percentage of all court-related |
| 34 | fines collected by the clerk are required to be deposited |
| 35 | into the clerk's Public Records Modernization Trust Fund |
| 36 | and used exclusively for additional clerk court-related |
| 37 | operational needs and program enhancements; amending s. |
| 38 | 34.041, F.S.; revising the distribution of certain filing |
| 39 | fees; amending s. 45.035, F.S.; revising certain clerks of |
| 40 | court service charge payments; amending s. 197.542, F.S.; |
| 41 | requiring costs of electronic tax deed sales to be added |
| 42 | to charges for certain costs of sale and paid by the |
| 43 | certificateholder; amending s. 318.18, F.S.; authorizing |
| 44 | certain units of local government to increase a surcharge; |
| 45 | authorizing certain units of local government to impose a |
| 46 | different surcharge; providing purposes for such funds; |
| 47 | revising reporting requirements; providing an effective |
| 48 | date. |
| 49 |
|
| 50 | Be It Enacted by the Legislature of the State of Florida: |
| 51 |
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| 52 | Section 1. Subsection (6) of section 11.90, Florida |
| 53 | Statutes, is amended to read: |
| 54 | 11.90 Legislative Budget Commission.-- |
| 55 | (6) The commission shall have the power and duty to: |
| 56 | (a) Review and approve or disapprove budget amendments |
| 57 | recommended by the Governor or the Chief Justice of the Supreme |
| 58 | Court as provided in chapter 216. |
| 59 | (b) Develop the long-range financial outlook described in |
| 60 | s. 19, Art. III of the State Constitution. |
| 61 | (c) Review and approve or disapprove the Florida Clerks of |
| 62 | Court Operations Corporation budget. |
| 63 | (d) Review and approve the total of the clerks of court's |
| 64 | combined budgets, disapprove the total of the clerks of court's |
| 65 | combined budgets, or disapprove one or more budgets of specific |
| 66 | clerks of court. |
| 67 | (e) In addition to the powers and duties specified in this |
| 68 | subsection, the commission shall exercise all other powers and |
| 69 | perform any other duties prescribed by the Legislature. |
| 70 | Section 2. Section 25.381, Florida Statutes, is amended to |
| 71 | read: |
| 72 | 25.381 Reports; publication; purchase and |
| 73 | distribution.--The reports of the opinions of the Supreme Court |
| 74 | and the district courts of appeal shall be known as Florida |
| 75 | Cases. In July, 1963, and every second year thereafter until |
| 76 | otherwise provided by law, the Supreme Court and the Attorney |
| 77 | General shall jointly enter into a contract with a vendor West |
| 78 | Publishing Corporation, St. Paul, Minnesota, providing for the |
| 79 | publication, in whatever format or formats are agreed upon, and |
| 80 | distribution of such copies of Florida Cases as necessary to |
| 81 | furnish copies thereof to the officers and institutions as |
| 82 | required or authorized by law. The copies of such reports |
| 83 | purchased by the state under such contract shall be paid for |
| 84 | from moneys appropriated for this purpose. |
| 85 | Section 3. Paragraph (a) of subsection (1) of section |
| 86 | 28.241, Florida Statutes, is amended to read: |
| 87 | 28.241 Filing fees for trial and appellate proceedings.-- |
| 88 | (1)(a) The party instituting any civil action, suit, or |
| 89 | proceeding in the circuit court shall pay to the clerk of that |
| 90 | court a filing fee of up to $295 in all cases in which there are |
| 91 | not more than five defendants and an additional filing fee of up |
| 92 | to $2.50 for each defendant in excess of five. Of the first $125 |
| 93 | $85 in filing fees, $120 $80 must be remitted by the clerk to |
| 94 | the Department of Revenue for deposit into the General Revenue |
| 95 | Fund, and $5 must be remitted to the Department of Revenue for |
| 96 | deposit into the Department of Financial Services' |
| 97 | Administrative Trust Fund to fund the contract with the Florida |
| 98 | Clerks of Court Operations Corporation created in s. 28.35. The |
| 99 | next $15 of the filing fee collected shall be deposited in the |
| 100 | state courts' Mediation and Arbitration Trust Fund. One-third of |
| 101 | any filing fees collected by the clerk of the circuit court in |
| 102 | excess of $140 $100 shall be remitted to the Department of |
| 103 | Revenue for deposit into the Department of Revenue Clerks of the |
| 104 | Court Trust Fund. An additional filing fee of $4 shall be paid |
| 105 | to the clerk. The clerk shall remit $3.50 to the Department of |
| 106 | Revenue for deposit into the Court Education Trust Fund and |
| 107 | shall remit 50 cents to the Department of Revenue for deposit |
| 108 | into the Department of Financial Services Administrative Trust |
| 109 | Fund to fund clerk education. An additional filing fee of up to |
| 110 | $18 shall be paid by the party seeking each severance that is |
| 111 | granted. The clerk may impose an additional filing fee of up to |
| 112 | $85 for all proceedings of garnishment, attachment, replevin, |
| 113 | and distress. Postal charges incurred by the clerk of the |
| 114 | circuit court in making service by certified or registered mail |
| 115 | on defendants or other parties shall be paid by the party at |
| 116 | whose instance service is made. No additional fees, charges, or |
| 117 | costs shall be added to the filing fees imposed under this |
| 118 | section, except as authorized herein or by general law. |
| 119 | Section 4. Subsection (6) of section 28.246, Florida |
| 120 | Statutes, is amended to read: |
| 121 | 28.246 Payment of court-related fees, charges, and costs; |
| 122 | partial payments; distribution of funds.-- |
| 123 | (6) A clerk of court shall may pursue the collection of |
| 124 | any fees, service charges, fines, court costs, and liens for the |
| 125 | payment of attorney's fees and costs pursuant to s. 938.29 which |
| 126 | remain unpaid after for 90 days by referring or more, or refer |
| 127 | the account to a private attorney who is a member in good |
| 128 | standing of The Florida Bar or collection agent who is |
| 129 | registered and in good standing pursuant to chapter 559. In |
| 130 | pursuing the collection of such unpaid financial obligations |
| 131 | through a private attorney or collection agent, the clerk of the |
| 132 | court must have attempted to collect the unpaid amount through a |
| 133 | collection court, collections docket, or other collections |
| 134 | process, if any, established by the court, find this to be cost- |
| 135 | effective and follow any applicable procurement practices. The |
| 136 | collection fee, including any reasonable attorney's fee, paid to |
| 137 | any attorney or collection agent retained by the clerk may be |
| 138 | added to the balance owed in an amount not to exceed 25 40 |
| 139 | percent of the amount owed at the time the account is referred |
| 140 | to the attorney or agent for collection. |
| 141 | Section 5. Subsections (1), (2), and (3) of section 28.35, |
| 142 | Florida Statutes, are amended to read: |
| 143 | 28.35 Florida Clerks of Court Operations Corporation.-- |
| 144 | (1)(a) The Florida Clerks of Court Operations Corporation |
| 145 | is hereby created as a public corporation organized to perform |
| 146 | the functions specified in this section. All clerks of the |
| 147 | circuit court shall be members of the corporation and hold their |
| 148 | position and authority in an ex officio capacity. The functions |
| 149 | assigned to the corporation shall be performed by an executive |
| 150 | council pursuant to the plan of operation approved by the |
| 151 | members. |
| 152 | (b) The executive council shall be composed of eight |
| 153 | clerks of the court elected by the clerks of the courts for a |
| 154 | term of 2 years, with two clerks from counties with a population |
| 155 | of fewer than 100,000, two clerks from counties with a |
| 156 | population of at least 100,000 but fewer than 500,000, two |
| 157 | clerks from counties with a population of at least 500,000 but |
| 158 | fewer than 1 million, and two clerks from counties with a |
| 159 | population of more than 1 million. The executive council shall |
| 160 | also include, as ex officio members, a designee of the Senate |
| 161 | President and a designee of the Speaker of the House of |
| 162 | Representatives. |
| 163 | (c) The corporation shall be considered a political |
| 164 | subdivision of the state and shall be exempt from the corporate |
| 165 | income tax. The corporation is not subject to the procurement |
| 166 | provisions of chapter 287. and Policies and decisions of the |
| 167 | corporation relating to incurring debt, levying assessments, and |
| 168 | the sale, issuance, continuation, terms, and claims under |
| 169 | corporation policies, and all services relating thereto, are not |
| 170 | subject to the provisions of chapter 120. |
| 171 | (d) The functions assigned to the corporation under this |
| 172 | section and ss. 28.36 and 28.37 are considered to be for a valid |
| 173 | public purpose. |
| 174 | (2) The duties of the corporation shall include the |
| 175 | following: |
| 176 | (a) Adopting a plan of operation. |
| 177 | (b) Conducting the election of directors as required in |
| 178 | paragraph (1)(a). |
| 179 | (c) Recommending to the Legislature changes in the various |
| 180 | court-related fines, fees, service charges, and court costs |
| 181 | established by law to ensure reasonable and adequate funding of |
| 182 | the clerks of the court in the performance of their court- |
| 183 | related functions. |
| 184 | (d) Pursuant to contract with the Chief Financial Officer, |
| 185 | establishing a process for the review and certification of |
| 186 | proposed court-related budgets submitted by clerks of the court |
| 187 | for completeness and compliance with this section and ss. 28.36 |
| 188 | and 28.37. This process shall be designed and be of sufficient |
| 189 | detail to permit independent verification and validation of the |
| 190 | budget certification. The contract shall specify the process to |
| 191 | be used in determining compliance by the corporation with this |
| 192 | section and ss. 28.36 and 28.37 and shall require the |
| 193 | corporation to determine the minimum amount of revenue necessary |
| 194 | for each clerk to efficiently perform the list of court-related |
| 195 | functions specified in paragraph (4)(a) in its budget review and |
| 196 | certification process. |
| 197 | (e) Developing and certifying a uniform system of |
| 198 | performance measures and applicable performance standards for |
| 199 | the functions specified in paragraph (4)(a) and clerk |
| 200 | performance in meeting the performance standards. These measures |
| 201 | and standards shall be designed to facilitate an objective |
| 202 | determination of the performance of each clerk in accordance |
| 203 | with minimum standards for fiscal management, operational |
| 204 | efficiency, and effective collection of fines, fees, service |
| 205 | charges, and court costs. When the corporation finds a clerk has |
| 206 | not met the performance standards, the corporation shall |
| 207 | identify the nature of each deficiency and any corrective action |
| 208 | recommended and taken by the affected clerk of the court. |
| 209 | (f) Reviewing and certifying proposed budgets submitted by |
| 210 | clerks of the court utilizing the process approved by the Chief |
| 211 | Financial Officer pursuant to paragraph (d) for the purpose of |
| 212 | making the certification in paragraph (3)(a). As part of this |
| 213 | process, the corporation shall: |
| 214 | 1. Calculate the maximum authorized annual budget pursuant |
| 215 | to the requirements of s. 28.36. |
| 216 | 2. Calculate the minimum amount of revenue necessary for |
| 217 | each clerk to efficiently perform the list of court-related |
| 218 | functions specified in paragraph (4)(a). |
| 219 | 3. Prepare a cost comparison of similarly situated clerks |
| 220 | of court, based on county population and numbers of filings, |
| 221 | using the standard list of court-related functions specified in |
| 222 | paragraph (4)(a). |
| 223 | 4. Conduct an annual base budget review and an annual |
| 224 | budget exercise examining the total budget of each clerk of |
| 225 | court. The review shall examine revenues from all sources, |
| 226 | expenses of court-related functions, and expenses of non-court- |
| 227 | related functions. Funds paid by a clerk to join or be a member |
| 228 | of any group or organization shall be separately listed and the |
| 229 | benefits received from any such group or organization detailed. |
| 230 | The review and exercise shall identify potential targeted budget |
| 231 | reductions in the percentage amount provided in Schedule VIII-B |
| 232 | of the state's prior year's legislative budget instructions, as |
| 233 | referenced in s. 216.023(3), or an equivalent schedule or |
| 234 | instruction as may be adopted by the Legislature. |
| 235 | 5.2. Identify those proposed budgets exceeding the maximum |
| 236 | annual budget pursuant to s. 28.36(5) for the standard list of |
| 237 | court-related functions specified in paragraph (4)(a). |
| 238 | 6.3. Identify those proposed budgets containing funding |
| 239 | for items not included on the standard list of court-related |
| 240 | functions specified in paragraph (4)(a). |
| 241 | 7.4. Identify those clerks projected to have court-related |
| 242 | revenues insufficient to fund their anticipated court-related |
| 243 | expenditures. |
| 244 | (g) Developing and conducting clerk budget and education |
| 245 | programs. |
| 246 | (h) Publishing a uniform schedule of actual fees, service |
| 247 | charges, and costs charged by a clerk of the court for court- |
| 248 | related functions pursuant to general law. |
| 249 | (i) By August 1 of each year, submitting to the |
| 250 | Legislative Budget Commission, as provided in s. 11.90, its |
| 251 | proposed budget and the information described in paragraph (f), |
| 252 | as well as the certified budgets for each clerk and each related |
| 253 | or subsidiary corporation. By October 1 of each year, the |
| 254 | Legislative Budget Commission shall consider the submitted |
| 255 | budgets and shall approve or disapprove the corporation's budget |
| 256 | and may approve the total of the clerks' combined budgets, |
| 257 | disapprove the total of the clerks' combined budgets, or |
| 258 | disapprove one or more budgets of specific clerks. If the |
| 259 | Legislative Budget Commission fails to approve a clerk's budget |
| 260 | by October 1, the clerk shall continue to perform the court- |
| 261 | related functions specified in paragraph (4)(a) based upon the |
| 262 | clerk's approved budget for the preceding county fiscal year. |
| 263 | (3)(a) The Florida Clerks of Court Operations Corporation |
| 264 | shall transmit certify to the President of the Senate, the |
| 265 | Speaker of the House of Representatives, the Chief Financial |
| 266 | Officer, and the Department of Revenue by October 15 of each |
| 267 | year, the amount of the approved proposed budget certified for |
| 268 | each clerk; the revenue projection supporting each clerk's |
| 269 | budget; each clerk eligible to retain some or all of the state's |
| 270 | share of fines, fees, service charges, and costs; the amount to |
| 271 | be paid to each clerk from the Clerks of the Court Trust Fund |
| 272 | within the Department of Revenue; the performance measures and |
| 273 | standards approved by the corporation for each clerk; and the |
| 274 | performance of each clerk in meeting the performance standards. |
| 275 | (b) Prior to December 1 of each year, the Chief Financial |
| 276 | Officer shall review the certifications made by the corporation |
| 277 | for the purpose of determining compliance with the approved |
| 278 | process and report its findings to the President of the Senate, |
| 279 | the Speaker of the House of Representatives and to the |
| 280 | Department of Revenue. To determine compliance with this |
| 281 | process, the Chief Financial Officer may examine the budgets |
| 282 | submitted to the corporation by the clerks. |
| 283 | Section 6. Paragraph (a) of subsection (3) of section |
| 284 | 28.36, Florida Statutes, is amended, and subsection (8) is added |
| 285 | to that section, to read: |
| 286 | 28.36 Budget procedure.--There is hereby established a |
| 287 | budget procedure for the court-related functions of the clerks |
| 288 | of the court. |
| 289 | (3) Each proposed budget shall further conform to the |
| 290 | following requirements: |
| 291 | (a) On or before June August 15 for each fiscal year |
| 292 | thereafter, the proposed budget shall be prepared, summarized, |
| 293 | and submitted by the clerk in each county to the Florida Clerks |
| 294 | of Court Operations Corporation in the manner and form |
| 295 | prescribed by the corporation. However, at a minimum, the |
| 296 | proposed budgets shall include for each clerk the information |
| 297 | required in s. 216.023(4)(a). The proposed budget must provide |
| 298 | detailed information on the anticipated revenues available and |
| 299 | expenditures necessary for the performance of the standard list |
| 300 | of court-related functions of the clerk's office developed |
| 301 | pursuant to s. 28.35(4)(a) for the county fiscal year beginning |
| 302 | the following October 1. The Florida Clerks of Court Operations |
| 303 | Corporation shall also prepare its proposed budget by June 15 of |
| 304 | each year, which shall also contain the minimum information |
| 305 | required in s. 216.023(4)(a), and provide a summary listing of |
| 306 | clerks who have not met all performance measures and the |
| 307 | specific measures that each clerk did not achieve. |
| 308 | (8) It is the intent of the Legislature that the budget |
| 309 | and appropriations functions of and related to the clerks of |
| 310 | court shall be a part of the state budgeting process by the |
| 311 | 2011-2012 fiscal year. To that end: |
| 312 | (a)1. The Auditor General, with assistance from the Office |
| 313 | of Program Policy Analysis and Government Accountability, shall |
| 314 | develop, by September 1, 2009, a study plan and present the plan |
| 315 | to the Legislative Budget Commission. The plan shall describe |
| 316 | how the Auditor General will study the funding and operations of |
| 317 | the state courts system and the clerks of court performing |
| 318 | court-related functions. |
| 319 | 2. By December 31, 2010, the Auditor General shall provide |
| 320 | a report to the President of the Senate and the Speaker of the |
| 321 | House of Representatives regarding the operation and |
| 322 | relationship of the clerks of court and the courts. The Auditor |
| 323 | General shall examine who is performing each court-related |
| 324 | function and how each function is funded. By a date certain set |
| 325 | by the Auditor General, the state courts system shall recommend |
| 326 | to the Legislature if there are any court-related clerk's |
| 327 | functions that should be performed by the state courts system, |
| 328 | and the corporation shall recommend to the Legislature if there |
| 329 | are any court-related administrative functions currently |
| 330 | performed by the state courts system that should be performed by |
| 331 | the clerks. The clerks of court, the Florida Clerks of Court |
| 332 | Operations Corporation, and the state courts system are directed |
| 333 | to cooperate fully with the Auditor General and each shall |
| 334 | provide the Auditor General with any and all information |
| 335 | necessary to the review without cost or delay. The final report |
| 336 | shall describe in detail the base budget for each of the clerks |
| 337 | and for the state courts system. The base budget shall be |
| 338 | further examined and the cost of performing every court-related |
| 339 | function shall be described in detail within those budgets. |
| 340 | Administrative overhead shall be calculated separately and any |
| 341 | apparent means to reduce such overhead shall be explored and |
| 342 | reported on. The study shall examine whether the clerks of court |
| 343 | should adopt the state budget cycle and, if so, how that would |
| 344 | be accomplished. Finally, the study shall list each court- |
| 345 | related function, a recommendation on who should perform the |
| 346 | function, and a recommendation of how to pay for such function. |
| 347 | (b) The Technology Review Workgroup shall develop a |
| 348 | proposed plan for identifying and recommending options for |
| 349 | implementing the integrated computer system established in s. |
| 350 | 29.008(1)(f)2. The plan shall describe the approaches and |
| 351 | processes for evaluating the existing computer systems and data- |
| 352 | sharing networks of the state courts system and the clerks of |
| 353 | the court; identifying the required business and technical |
| 354 | requirements; reliably estimating the cost, work, and change |
| 355 | requirements; and examining the use of the funds collected under |
| 356 | s. 28.24(12)(e). The plan may also address any necessary policy, |
| 357 | operational, fiscal, or technical changes, including, but not |
| 358 | limited to, potential changes to the distribution and use of |
| 359 | funds collected under s. 28.24(12)(e) that may be needed in |
| 360 | order to manage, implement, and operate an integrated computer |
| 361 | system. The plan shall be submitted to the Speaker of the House |
| 362 | of Representatives and the President of the Senate no later than |
| 363 | December 31, 2009. The clerks of court, the Florida Clerks of |
| 364 | Court Operations Corporation, and the state courts system are |
| 365 | directed to cooperate fully with the Technology Review |
| 366 | Workgroup, and each shall provide the Technology Review |
| 367 | Workgroup with any and all information necessary for the |
| 368 | completion of the project without cost or delay. The workgroup |
| 369 | shall work in conjunction with the Auditor General and consider |
| 370 | the results of the plans, studies, and reports of the Auditor |
| 371 | General described in paragraph (a). Until July 1, 2011, a clerk |
| 372 | may not purchase any new software but may purchase regular and |
| 373 | necessary upgrades to existing software if otherwise budgeted. |
| 374 | Until July 1, 2011, a clerk may not purchase any computer |
| 375 | hardware other than that necessary to replace broken equipment |
| 376 | or necessary to equip new staff and only if otherwise budgeted. |
| 377 | A clerk may apply to the Legislative Budget Commission for a |
| 378 | limited and specific exception to these purchasing limits. |
| 379 | Section 7. Notwithstanding s. 28.36, Florida Statutes, the |
| 380 | statewide budget cap for the clerks of court is $474,174,512 for |
| 381 | the county fiscal year 2008-2009. The Florida Clerks of Court |
| 382 | Operations Corporation shall reduce the individual approved |
| 383 | budgets of the clerks of court to ensure that the sum of the |
| 384 | approved budgets does not exceed this statewide cap. |
| 385 | Section 8. Section 28.365, Florida Statutes, is created to |
| 386 | read: |
| 387 | 28.365 Procurement.--The clerks of court are subject to |
| 388 | the procurement requirements and limitations of chapter 287. |
| 389 | Section 9. Subsections (2) through (5) of section 28.37, |
| 390 | Florida Statutes, are renumbered as subsections (3) through (6), |
| 391 | respectively, and a new subsection (2) is added to that section |
| 392 | to read: |
| 393 | 28.37 Fines, fees, service charges, and costs remitted to |
| 394 | the state.-- |
| 395 | (2) Except as otherwise provided in ss. 28.241 and 34.041, |
| 396 | all court-related fines, fees, service charges, and costs are |
| 397 | considered state funds and shall be remitted by the clerk to the |
| 398 | Department of Revenue for deposit into the Clerks of the Court |
| 399 | Trust Fund. However, 10 percent of all court-related fines |
| 400 | collected by the clerk shall be deposited into the clerk's |
| 401 | Public Records Modernization Trust Fund to be used exclusively |
| 402 | for additional clerk court-related operational needs and program |
| 403 | enhancements. |
| 404 | Section 10. Paragraph (b) of subsection (1) of section |
| 405 | 34.041, Florida Statutes, is amended to read: |
| 406 | 34.041 Filing fees.-- |
| 407 | (1) |
| 408 | (b) The first $120 $80 of the filing fee collected under |
| 409 | subparagraph (a)4. shall be remitted to the Department of |
| 410 | Revenue for deposit into the General Revenue Fund. The next $15 |
| 411 | of the filing fee collected under subparagraph (a)4., and the |
| 412 | first $15 of each filing fee collected under subparagraph (a)6., |
| 413 | shall be deposited in the state courts' Mediation and |
| 414 | Arbitration Trust Fund. One-third of any filing fees collected |
| 415 | by the clerk under this section in excess of the first $135 $95 |
| 416 | collected under subparagraph (a)4. shall be remitted to the |
| 417 | Department of Revenue for deposit into the Department of Revenue |
| 418 | Clerks of the Court Trust Fund. An additional filing fee of $4 |
| 419 | shall be paid to the clerk. The clerk shall transfer $3.50 to |
| 420 | the Department of Revenue for deposit into the Court Education |
| 421 | Trust Fund and shall transfer 50 cents to the Department of |
| 422 | Revenue for deposit into the Department of Financial Services' |
| 423 | Administrative Trust Fund to fund clerk education. Postal |
| 424 | charges incurred by the clerk of the county court in making |
| 425 | service by mail on defendants or other parties shall be paid by |
| 426 | the party at whose instance service is made. Except as provided |
| 427 | herein, filing fees and service charges for performing duties of |
| 428 | the clerk relating to the county court shall be as provided in |
| 429 | ss. 28.24 and 28.241. Except as otherwise provided herein, all |
| 430 | filing fees shall be retained as fee income of the office of the |
| 431 | clerk of circuit court. Filing fees imposed by this section may |
| 432 | not be added to any penalty imposed by chapter 316 or chapter |
| 433 | 318. |
| 434 | Section 11. Subsection (3) of section 45.035, Florida |
| 435 | Statutes, as amended by section 3 of chapter 2009-21, Laws of |
| 436 | Florida, is amended to read: |
| 437 | 45.035 Clerk's fees.--In addition to other fees or service |
| 438 | charges authorized by law, the clerk shall receive service |
| 439 | charges related to the judicial sales procedure set forth in ss. |
| 440 | 45.031-45.034 and this section: |
| 441 | (3) If the sale is conducted by electronic means, as |
| 442 | provided in s. 45.031(10), the clerk shall receive an additional |
| 443 | a service charge not to exceed of $70 as provided in subsection |
| 444 | (1) for services in conducting or contracting for the electronic |
| 445 | sale, which service charge shall be assessed as costs and paid |
| 446 | by the winning bidder shall be advanced by the plaintiff before |
| 447 | the sale. If the clerk requires advance electronic deposits to |
| 448 | secure the right to bid, such deposits shall not be subject to |
| 449 | the fee under s. 28.24(10). The portion of an advance deposit |
| 450 | from a winning bidder required by s. 45.031(3) shall, upon |
| 451 | acceptance of the winning bid, be subject to the fee under s. |
| 452 | 28.24(10). |
| 453 | Section 12. Paragraph (c) is added to subsection (4) of |
| 454 | section 197.542, Florida Statutes, to read: |
| 455 | 197.542 Sale at public auction.-- |
| 456 | (4) |
| 457 | (c) The costs of electronic tax deed sales shall be added |
| 458 | to the charges for the costs of sale under subsection (1) and |
| 459 | paid by the certificateholder when filing an application for a |
| 460 | tax deed. |
| 461 | Section 13. Subsection (13) of section 318.18, Florida |
| 462 | Statutes, is amended to read: |
| 463 | 318.18 Amount of penalties.--The penalties required for a |
| 464 | noncriminal disposition pursuant to s. 318.14 or a criminal |
| 465 | offense listed in s. 318.17 are as follows: |
| 466 | (13)(a) In addition to any penalties imposed for |
| 467 | noncriminal traffic infractions pursuant to this chapter or |
| 468 | imposed for criminal violations listed in s. 318.17, a board of |
| 469 | county commissioners or any unit of local government that which |
| 470 | is consolidated as provided by s. 9, Art. VIII of the State |
| 471 | Constitution of 1885, as preserved by s. 6(e), Art. VIII of the |
| 472 | Constitution of 1968: |
| 473 | 1.(a) May impose by ordinance a surcharge of up to $30 $15 |
| 474 | for any infraction or violation to fund state court facilities. |
| 475 | The court shall not waive this surcharge. Up to 25 percent of |
| 476 | the revenue from such surcharge may be used to support local law |
| 477 | libraries provided that the county or unit of local government |
| 478 | provides a level of service equal to that provided prior to July |
| 479 | 1, 2004, which shall include the continuation of library |
| 480 | facilities located in or near the county courthouse or any annex |
| 481 | to the courthouse annexes. |
| 482 | 2.(b) May, if such board or unit That imposed increased |
| 483 | fees or service charges by ordinance under s. 28.2401, s. |
| 484 | 28.241, or s. 34.041 for the purpose of securing payment of the |
| 485 | principal and interest on bonds issued by the county before July |
| 486 | 1, 2003, to finance state court facilities, may impose by |
| 487 | ordinance a surcharge for any infraction or violation for the |
| 488 | exclusive purpose of securing payment of the principal and |
| 489 | interest on bonds issued by the county before July 1, 2003, to |
| 490 | fund state court facilities until the date of stated maturity. |
| 491 | The court shall not waive this surcharge. Such surcharge may not |
| 492 | exceed an amount per violation calculated as the quotient of the |
| 493 | maximum annual payment of the principal and interest on the |
| 494 | bonds as of July 1, 2003, divided by the number of traffic |
| 495 | citations for county fiscal year 2002-2003 certified as paid by |
| 496 | the clerk of the court of the county. Such quotient shall be |
| 497 | rounded up to the next highest dollar amount. The bonds may be |
| 498 | refunded only if savings will be realized on payments of debt |
| 499 | service and the refunding bonds are scheduled to mature on the |
| 500 | same date or before the bonds being refunded. Notwithstanding |
| 501 | any of the foregoing provisions of this subparagraph paragraph |
| 502 | that limit the use of surcharge revenues, if the revenues |
| 503 | generated as a result of the adoption of this ordinance exceed |
| 504 | the debt service on the bonds, the surplus revenues may be used |
| 505 | to pay down the debt service on the bonds; fund other state- |
| 506 | court-facility construction projects as may be certified by the |
| 507 | chief judge as necessary to address unexpected growth in |
| 508 | caseloads, emergency requirements to accommodate public access, |
| 509 | threats to the safety of the public, judges, staff, and |
| 510 | litigants, or other exigent circumstances; or support local law |
| 511 | libraries in or near the county courthouse or any annex to the |
| 512 | courthouse annexes. |
| 513 | 3. May impose by ordinance a surcharge for any infraction |
| 514 | or violation for the exclusive purpose of securing payment of |
| 515 | the principal and interest on bonds issued by the county on or |
| 516 | after July 1, 2009, to fund state court facilities until the |
| 517 | stated date of maturity. The court may not waive this surcharge. |
| 518 | The surcharge may not exceed an amount per violation calculated |
| 519 | as the quotient of the maximum annual payment of the principal |
| 520 | and interest on the bonds, divided by the number of traffic |
| 521 | citations certified as paid by the clerk of the court of the |
| 522 | county on August 15 of each year. The quotient shall be rounded |
| 523 | up to the next highest dollar amount. The bonds may be refunded |
| 524 | if savings are realized on payments of debt service and the |
| 525 | refunding bonds are scheduled to mature on or before the |
| 526 | maturity date of the bonds being refunded. If the revenues |
| 527 | generated as a result of the adoption of the ordinance exceed |
| 528 | the debt service on the bonds, the surplus revenues may be used |
| 529 | to pay the debt service on the bonds; to fund other state court |
| 530 | facility construction projects certified by the chief judge as |
| 531 | necessary to address unexpected growth in caseloads, emergency |
| 532 | requirements to accommodate public access, threats to the safety |
| 533 | of the public, judges, staff, and litigants, or other exigent |
| 534 | circumstances; or to support local law libraries in or near the |
| 535 | county courthouse or any annex to the courthouse. |
| 536 | (b) A county may not impose both of the surcharges |
| 537 | authorized under subparagraphs paragraphs (a)1., 2., and 3. (b) |
| 538 | concurrently. The clerk of court shall report, no later than 30 |
| 539 | days after the end of the quarter, the amount of funds collected |
| 540 | under this subsection during each quarter of the fiscal year. |
| 541 | The clerk shall submit the report, in a format developed by the |
| 542 | Office of State Courts Administrator, to the chief judge of the |
| 543 | circuit, the Governor, the President of the Senate, and the |
| 544 | Speaker of the House of Representatives, and the board of county |
| 545 | commissioners. |
| 546 | Section 14. This bill shall take effect July 1, 2009. |