((LATE FILED FOR: APRIL 28 SPECIAL ORDER ))	Amendment
Bill No. CS/CS/SB 2108

Amendment No. 194225

CHAMBER ACTION
Senate		House
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1	Representative Bogdanoff offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5	Section 1.  Subsections (1) and (2) of section 28.241,
6	Florida Statutes, are amended to read:
7	28.241  Filing fees for trial and appellate proceedings.--
8	(1)(a)  The party instituting any civil action, suit, or
9	proceeding in the circuit court shall pay to the clerk of that
10	court a filing fee of up to $295 in all cases in which there are
11	not more than five defendants and an additional filing fee of up
12	to $2.50 for each defendant in excess of five. Of the first $85
13	in filing fees, $80 must be remitted by the clerk to the
14	Department of Revenue for deposit into the General Revenue Fund,
15	and $5 must be remitted to the Department of Revenue for deposit
16	into the Clerks of the Court Trust Fund within the Justice
17	Administrative Commission and used Department of Financial
18	Services' Administrative Trust Fund to fund the contract with
19	the Florida Clerks of Court Operations Corporation created in s.
20	28.35. The next $15 of the filing fee collected shall be
21	deposited in the state courts' Mediation and Arbitration Trust
22	Fund. One-third of any filing fees collected by the clerk of the
23	circuit court in excess of $100 shall be remitted to the
24	Department of Revenue for deposit into the Department of Revenue
25	Clerks of the Court Trust Fund within the Justice Administrative
26	Commission. An additional filing fee of $4 shall be paid to the
27	clerk. The clerk shall remit $3.50 to the Department of Revenue
28	for deposit into the Court Education Trust Fund and shall remit
29	50 cents to the Department of Revenue for deposit into the
30	Clerks of the Court Department of Financial Services
31	Administrative Trust Fund within the Justice Administrative
32	Commission to fund clerk education. An additional filing fee of
33	up to $18 shall be paid by the party seeking each severance that
34	is granted. The clerk may impose an additional filing fee of up
35	to $85 for all proceedings of garnishment, attachment, replevin,
36	and distress. Postal charges incurred by the clerk of the
37	circuit court in making service by certified or registered mail
38	on defendants or other parties shall be paid by the party at
39	whose instance service is made. No additional fees, charges, or
40	costs shall be added to the filing fees imposed under this
41	section, except as authorized herein or by general law.
42	(b)  A party reopening any civil action, suit, or
43	proceeding in the circuit court shall pay to the clerk of court
44	a filing fee set by the clerk in an amount not to exceed $50.
45	For purposes of this section, a case is reopened when a case
46	previously reported as disposed of is resubmitted to a court and
47	includes petitions for modification of a final judgment of
48	dissolution. A party is exempt from paying the fee for any of
49	the following:
50	1.  A writ of garnishment;
51	2.  A writ of replevin;
52	3.  A distress writ;
53	4.  A writ of attachment;
54	5.  A motion for rehearing filed within 10 days;
55	6.  A motion for attorney's fees filed within 30 days after
56	entry of a judgment or final order;
57	7.  A motion for dismissal filed after a mediation
58	agreement has been filed;
59	8.  A disposition of personal property without
60	administration;
61	9.  Any probate case prior to the discharge of a personal
62	representative;
63	10.  Any guardianship pleading prior to discharge;
64	11.  Any mental health pleading;
65	12.  Motions to withdraw by attorneys;
66	13.  Motions exclusively for the enforcement of child
67	support orders;
68	14.  A petition for credit of child support;
69	15.  A Notice of Intent to Relocate and any order issuing
70	as a result of an uncontested relocation;
71	16.  Stipulations;
72	17.  Responsive pleadings; or
73	18.  Cases in which there is no initial filing fee.
74	(c)  Any party other than a party described in paragraph
75	(a) who files a pleading in an original civil action in circuit
76	court for affirmative relief by cross-claim, counterclaim, or
77	third-party complaint shall pay the clerk of court a fee of
78	$295. The clerk shall remit the fee to the Department of Revenue
79	for deposit into the General Revenue Fund.
80	(d)  The clerk of court shall collect a service charge of
81	$10 for issuing a summons. The clerk shall assess the fee
82	against the party seeking to have the summons issued.
83	(2)  Upon the institution of any appellate proceeding from
84	any lower court to the circuit court of any such county,
85	including appeals filed by a county or municipality as provided
86	in s. 34.041(5), or from the circuit court to an appellate court
87	of the state, the clerk shall charge and collect from the party
88	or parties instituting such appellate proceedings a filing fee
89	not to exceed $280 for filing a notice of appeal from the county
90	court to the circuit court and, in addition to the filing fee
91	required under s. 25.241 or s. 35.22, $100 for filing a notice
92	of appeal from the circuit court to the district court of appeal
93	or to the Supreme Court. If the party is determined to be
94	indigent, the clerk shall defer payment of the fee. The clerk
95	shall remit the first $80 to the Department of Revenue for
96	deposit into the General Revenue Fund. One-third of the fee
97	collected by the clerk in excess of $80 also shall be remitted
98	to the Department of Revenue for deposit into the Clerks of the
99	Court Trust Fund within the Justice Administrative Commission.
100	Section 2.  Paragraph (b) of subsection (5) and subsection
101	(6) of section 28.246, Florida Statutes, are amended to read:
102	28.246  Payment of court-related fees, charges, and costs;
103	partial payments; distribution of funds.--
104	(5)  When receiving partial payment of fees, service
105	charges, court costs, and fines, clerks shall distribute funds
106	according to the following order of priority:
107	(b)  That portion of fees, service charges, court costs,
108	and fines which are required to be retained by the clerk of the
109	court or deposited into the Clerks of the Court Trust Fund
110	within the Justice Administrative Commission.
111
112	To offset processing costs, clerks may impose either a per-month
113	service charge pursuant to s. 28.24(26)(b) or a one-time
114	administrative processing service charge at the inception of the
115	payment plan pursuant to s. 28.24(26)(c).
116	(6)  A clerk of court shall may pursue the collection of
117	any fees, service charges, fines, court costs, and liens for the
118	payment of attorney's fees and costs pursuant to s. 938.29 which
119	remain unpaid after for 90 days by referring or more, or refer
120	the account to a private attorney who is a member in good
121	standing of The Florida Bar or collection agent who is
122	registered and in good standing pursuant to chapter 559. In
123	pursuing the collection of such unpaid financial obligations
124	through a private attorney or collection agent, the clerk of the
125	court must have attempted to collect the unpaid amount through a
126	collection court, collections docket, or other collections
127	process, if any, established by the court, find this to be cost-
128	effective and follow any applicable procurement practices. The
129	collection fee, including any reasonable attorney's fee, paid to
130	any attorney or collection agent retained by the clerk may be
131	added to the balance owed in an amount not to exceed 25 40
132	percent of the amount owed at the time the account is referred
133	to the attorney or agent for collection.
134	Section 3.  Section 28.35, Florida Statutes, is amended to
135	read:
136	28.35  Florida Clerks of Court Operations Corporation.--
137	(1)(a)  The Florida Clerks of Court Operations Corporation
138	is hereby created as a public corporation organized to perform
139	the functions specified in this section and s. 28.36 and shall
140	be administratively housed within the Justice Administrative
141	Commission. The corporation shall be a budget entity within the
142	Justice Administrative Commission, and its employees shall be
143	considered state employees. The corporation is not subject to
144	control, supervision, or direction by the Justice Administrative
145	Commission in the performance of its duties, but the employees
146	of the corporation shall be governed by the classification plan
147	and salary and benefits plan of the Justice Administrative
148	Commission. The classification plan must have a separate chapter
149	for the corporation. All clerks of the circuit court shall be
150	members of the corporation and hold their position and authority
151	in an ex officio capacity. The functions assigned to the
152	corporation shall be performed by an executive council pursuant
153	to the plan of operation approved by the members.
154	(b)  The executive council shall be composed of eight
155	clerks of the court elected by the clerks of the courts for a
156	term of 2 years, with two clerks from counties with a population
157	of fewer than 100,000, two clerks from counties with a
158	population of at least 100,000 but fewer than 500,000, two
159	clerks from counties with a population of at least 500,000 but
160	fewer than 1 million, and two clerks from counties with a
161	population of more than 1 million. The executive council shall
162	also include, as ex officio members, a designee of the President
163	of the Senate and a designee of the Speaker of the House of
164	Representatives. The Chief Justice of the Supreme Court shall
165	designate one additional member to represent the state courts
166	system.
167	(c)  The corporation shall be considered a political
168	subdivision of the state and shall be exempt from the corporate
169	income tax. The corporation is not subject to the procurement
170	provisions of chapter 287 and policies and decisions of the
171	corporation relating to incurring debt, levying assessments, and
172	the sale, issuance, continuation, terms, and claims under
173	corporation policies, and all services relating thereto, are not
174	subject to the provisions of chapter 120.
175	(d)  The functions assigned to the corporation under this
176	section and ss. 28.36 and 28.37 are considered to be for a valid
177	public purpose.
178	(2)  The duties of the corporation shall include the
179	following:
180	(a)  Adopting a plan of operation.
181	(b)  Conducting the election of directors as required in
182	paragraph (1)(a).
183	(c)  Recommending to the Legislature changes in the various
184	court-related fines, fees, service charges, and court costs
185	established by law to ensure reasonable and adequate funding of
186	the clerks of the court in the performance of their court-
187	related functions.
188	(d)  Pursuant to contract with the Chief Financial Officer,
189	establishing a process for the review and certification of
190	proposed court-related budgets submitted by clerks of the court
191	for completeness and compliance with this section and ss. 28.36
192	and 28.37. This process shall be designed and be of sufficient
193	detail to permit independent verification and validation of the
194	budget certification. The contract shall specify the process to
195	be used in determining compliance by the corporation with this
196	section and ss. 28.36 and 28.37.
197	(d)(e)  Developing and certifying a uniform system of
198	performance measures and applicable performance standards for
199	the functions specified in paragraph (3)(a) and the service unit
200	costs required in s. 28.36 paragraph (4)(a) and measures for
201	clerk performance in meeting the performance standards. These
202	measures and standards shall be designed to facilitate an
203	objective determination of the performance of each clerk in
204	accordance with minimum standards for fiscal management,
205	operational efficiency, and effective collection of fines, fees,
206	service charges, and court costs. The corporation shall develop
207	the performance measures and performance standards in
208	consultation with the Legislature and the Supreme Court. The
209	Legislature may modify the clerk performance measures and
210	performance standards in legislation implementing the General
211	Appropriations Act or other law. When the corporation finds a
212	clerk has not met the performance standards, the corporation
213	shall identify the nature of each deficiency and any corrective
214	action recommended and taken by the affected clerk of the court.
215	The corporation shall notify the Legislature and the Supreme
216	Court of any clerk not meeting performance standards and provide
217	a copy of any corrective action plans.
218	(e)(f)  Reviewing and certifying proposed budgets submitted
219	by clerks of the court pursuant to s. 28.36 utilizing the
220	process approved by the Chief Financial Officer pursuant to
221	paragraph (d) for the purpose of making the certification in
222	paragraph (3)(a). As part of this process, the corporation
223	shall:
224	1.  Calculate the maximum authorized annual budget pursuant
225	to the requirements of s. 28.36.
226	2.  Identify those proposed budgets exceeding the maximum
227	annual budget pursuant to s. 28.36(5) for the standard list of
228	court-related functions specified in paragraph (4)(a).
229	3.  Identify those proposed budgets containing funding for
230	items not included on the standard list of court-related
231	functions specified in paragraph (4)(a).
232	4.  Identify those clerks projected to have court-related
233	revenues insufficient to fund their anticipated court-related
234	expenditures.
235	(f)(g)  Developing and conducting clerk education programs.
236	(g)(h)  Publishing a uniform schedule of actual fees,
237	service charges, and costs charged by a clerk of the court for
238	court-related functions pursuant to general law.
239	(3)(a)  The Clerks of Court Operations Corporation shall
240	certify to the President of the Senate, the Speaker of the House
241	of Representatives, the Chief Financial Officer, and the
242	Department of Revenue by October 15 of each year, the amount of
243	the proposed budget certified for each clerk; the revenue
244	projection supporting each clerk's budget; each clerk eligible
245	to retain some or all of the state's share of fines, fees,
246	service charges, and costs; the amount to be paid to each clerk
247	from the Clerks of the Court Trust Fund within the Department of
248	Revenue; the performance measures and standards approved by the
249	corporation for each clerk; and the performance of each clerk in
250	meeting the performance standards.
251	(b)  Prior to December 1 of each year, the Chief Financial
252	Officer shall review the certifications made by the corporation
253	for the purpose of determining compliance with the approved
254	process and report its findings to the President of the Senate,
255	the Speaker of the House of Representatives and to the
256	Department of Revenue. To determine compliance with this
257	process, the Chief Financial Officer may examine the budgets
258	submitted to the corporation by the clerks.
259	(3)(4)(a)  The list of court-related functions that clerks
260	may perform are fund from filing fees, service charges, court
261	costs, and fines shall be limited to those functions expressly
262	authorized by law or court rule. Those functions must include
263	the following: case maintenance; records management; court
264	preparation and attendance; processing the assignment,
265	reopening, and reassignment of cases; processing of appeals;
266	collection and distribution of fines, fees, service charges, and
267	court costs; processing of bond forfeiture payments; payment of
268	jurors and witnesses; payment of expenses for meals or lodging
269	provided to jurors; data collection and reporting; processing of
270	jurors; determinations of indigent status; and reasonable
271	administrative support costs to enable the clerk of the court to
272	carry out these court-related functions.
273	(b)  The list of functions that clerks may not fund from
274	state appropriations filing fees, service charges, court costs,
275	and fines shall include:
276	1.  Those functions not specified within paragraph (a).
277	2.  Functions assigned by administrative orders which are
278	not required for the clerk to perform the functions in paragraph
279	(a).
280	3.  Enhanced levels of service which are not required for
281	the clerk to perform the functions in paragraph (a).
282	4.  Functions identified as local requirements in law or
283	local optional programs.
284	(4)(5)  The corporation shall prepare a legislative budget
285	request for the resources necessary to perform its duties,
286	submit the request pursuant to chapter 216, and be funded as a
287	budget entity in the General Appropriations Act pursuant to
288	contract with the Chief Financial Officer. Funds shall be
289	provided to the Chief Financial Officer for this purpose as
290	appropriated by general law. These funds shall be available to
291	the corporation for the performance of the duties and
292	responsibilities as set forth in this section. The corporation
293	may hire staff and pay other expenses from state appropriations
294	these funds as necessary to perform the official duties and
295	responsibilities of the corporation as described by law in this
296	section.
297	(5)(6)(a)  The corporation shall submit an annual audited
298	financial statement to the Auditor General in a form and manner
299	prescribed by the Auditor General. The Auditor General shall
300	conduct an annual audit of the operations of the corporation,
301	including the use of funds and compliance with the provisions of
302	this section and ss. 28.36 and 28.37.
303	(b)  Certified public accountants conducting audits of
304	counties pursuant to s. 218.39 shall report, as part of the
305	audit, whether or not the clerks of the courts have complied
306	with the requirements of this section and s. 28.36. In addition,
307	each clerk of court shall forward a copy of the portion of the
308	financial audit relating to the court-related duties of the
309	clerk of court to the Supreme Court budgets certified by the
310	Florida Clerk of Courts Operations Corporation pursuant to the
311	budget review process pursuant to contract with the Chief
312	Financial Officer and with the performance standards developed
313	and certified pursuant to this section. The Auditor General
314	shall develop a compliance supplement for the audit of
315	compliance with the budgets and applicable performance standards
316	certified by the corporation.
317	Section 4.  Section 28.36, Florida Statutes, is amended to
318	read:
319	28.36  Budget procedure.--There is hereby established a
320	budget procedure for the preparing budget requests for funding
321	for the court-related functions of the clerks of the court.
322	(1)  Each clerk of court shall prepare a budget request for
323	the last quarter of the county fiscal year and the first three
324	quarters of the next county fiscal year. The proposed budget
325	shall be prepared, summarized, and submitted by the clerk in
326	each county to the Florida Clerks of Court Operations
327	Corporation in the manner and form prescribed by the corporation
328	to meet the requirements of law. Each clerk shall forward a copy
329	of his or her budget request to the Supreme Court. The budget
330	requests must be provided to the corporation by October 1 of
331	each year.
332	(1)  Only those functions on the standard list developed
333	pursuant to s. 28.35(4)(a) may be funded from fees, service
334	charges, court costs, and fines retained by the clerks of the
335	court. No clerk may use fees, service charges, court costs, and
336	fines in excess of the maximum budget amounts as established in
337	subsection (5).
338	(2)  For the period July 1, 2004, through September 30,
339	2004, and for each county fiscal year ending September 30
340	thereafter, each clerk of the court shall prepare a budget
341	relating solely to the performance of the standard list of
342	court-related functions pursuant to s. 28.35(4)(a).
343	(3)  Each proposed budget shall further conform to the
344	following requirements:
345	(a)  On or before August 15 for each fiscal year
346	thereafter, the proposed budget shall be prepared, summarized,
347	and submitted by the clerk in each county to the Clerks of Court
348	Operations Corporation in the manner and form prescribed by the
349	corporation. The proposed budget must provide detailed
350	information on the anticipated revenues available and
351	expenditures necessary for the performance of the standard list
352	of court-related functions of the clerk's office developed
353	pursuant to s. 28.35(4)(a) for the county fiscal year beginning
354	the following October 1.
355	(b)  The proposed budget must be balanced, such that the
356	total of the estimated revenues available must equal or exceed
357	the total of the anticipated expenditures. These revenues
358	include the following: cash balances brought forward from the
359	prior fiscal period; revenue projected to be received from fees,
360	service charges, court costs, and fines for court-related
361	functions during the fiscal period covered by the budget; and
362	supplemental revenue that may be requested pursuant to
363	subsection (4). The anticipated expenditures must be itemized as
364	required by the corporation, pursuant to contract with the Chief
365	Financial Officer.
366	(c)  The proposed budget may include a contingency reserve
367	not to exceed 10 percent of the total budget, provided that,
368	overall, the proposed budget does not exceed the limits
369	prescribed in subsection (5).
370	(4)  If a clerk of the court estimates that available funds
371	plus projected revenues from fines, fees, service charges, and
372	costs for court-related services are insufficient to meet the
373	anticipated expenditures for the standard list of court-related
374	functions in s. 28.35(4)(a) performed by his or her office, the
375	clerk must report the revenue deficit to the Clerks of Court
376	Operations Corporation in the manner and form prescribed by the
377	corporation pursuant to contract with the Chief Financial
378	Officer. The corporation shall verify that the proposed budget
379	is limited to the standard list of court-related functions in s.
380	28.35(4)(a).
381	(2)(a)  Each clerk shall include in his or her budget
382	request a projection of the amount of court-related fees,
383	service charges, and any other court-related clerk fees which
384	will be collected during the proposed budget period. If the
385	corporation determines verifies that the proposed budget is
386	limited to the standard list of court-related functions in s.
387	28.35(3)(a) s. 28.35(4)(a) and the projected court-related
388	revenues are less than the proposed budget, the a revenue
389	deficit is projected, a clerk seeking to retain revenues
390	pursuant to this subsection shall increase all fees, service
391	charges, and any other court-related clerk fees and charges to
392	the maximum amounts specified by law or the amount necessary to
393	resolve the deficit, whichever is less.
394	(3)  Each clerk shall include in his or her budget request
395	the number of personnel and the proposed budget for each of the
396	following core services:
397	(a)  Case processing.
398	(b)  Financial processing.
399	(c)  Jury management.
400	(d)  Information and reporting.
401
402	Central administrative costs shall be allocated among the core-
403	services categories.
404	(4)  The budget request must identify the service units to
405	be provided within each core service. The service units shall be
406	developed by the corporation, in consultation with the Supreme
407	Court, the Chief Financial Officer, and the appropriation
408	committees of the Senate and the House of Representatives.
409	(5)  The budget request must propose a unit cost for each
410	service unit. The corporation shall provide a copy of each
411	clerk's budget request to the Supreme Court.
412	(6)  The corporation shall review each individual clerk's
413	prior-year expenditures, projected revenue, proposed unit costs,
414	and the proposed budget for each of the core-services
415	categories. The corporation shall compare each clerk's prior-
416	year expenditures and unit costs for core services with a peer
417	group of clerks' offices having a population of a similar size
418	and a similar number of case filings. If the corporation finds
419	that the expenditures, unit costs, or proposed budget of a clerk
420	are significantly higher than those of clerks in that clerk's
421	peer group, the corporation shall require the clerk to submit
422	documentation justifying the difference in each core-services
423	category. Justification for higher expenditures may include, but
424	are not limited to, collective bargaining agreements, county
425	civil service agreements, and the number and distribution of
426	courthouses served by the clerk. If the expenditures and unit
427	costs are not justified, the corporation shall recommend a
428	reduction in the funding for that core-services category in the
429	budget request to an amount similar to the peer group of clerks
430	or to an amount that the corporation determines is justified.
431	(7)  The corporation shall complete its review and
432	adjustments to the clerks' budget requests and make its
433	recommendations to the Legislature and the Supreme Court by
434	December 1 each year.
435	(8)  The Chief Financial Officer shall review the proposed
436	unit costs associated with each clerk of court's budget request
437	and make recommendations to the Legislature. The Chief Financial
438	Officer may conduct any audit of the corporation or a clerk of
439	court as authorized by law. The Chief Justice of the Supreme
440	Court may request an audit of the corporation or any clerk of
441	court by the Chief Financial Officer.
442	(9)  The Legislature shall appropriate the total amount for
443	the budgets of the clerks in the General Appropriations Act. The
444	Legislature may reject or modify any or all of the unit costs
445	recommended by the corporation. If the Legislature does not
446	specify the unit costs in the General Appropriations Act or
447	other law, the unit costs recommended by the corporation shall
448	be the official unit costs for that budget period.
449	(10)  For the 2009-2010 fiscal year, the corporation shall
450	release appropriations in an amount equal to one-twelfth of each
451	clerk's approved budget each month. The statewide total
452	appropriation for the 2009-2010 fiscal year shall be set in the
453	General Appropriations Act. The corporation shall determine the
454	amount of each clerk of court budget, but the statewide total of
455	such amounts may not exceed the amount listed in the General
456	Appropriations Act. Beginning in the 2010-2011 fiscal year, the
457	corporation shall release appropriations to each clerk
458	quarterly. The amount of the release shall be based on the prior
459	quarter's performance of service units identified in the four
460	core services and the established unit costs for each clerk. If,
461	after increasing fees, service charges, and any other court-
462	related clerk fees and charges to the maximum amounts specified
463	by law, a revenue deficit is still projected, the corporation
464	shall, pursuant to the terms of the contract with the Chief
465	Financial Officer, certify a revenue deficit and notify the
466	Department of Revenue that the clerk is authorized to retain
467	revenues, in an amount necessary to fully fund the projected
468	revenue deficit, which he or she would otherwise be required to
469	remit to the Department of Revenue for deposit into the
470	Department of Revenue Clerks of the Court Trust Fund pursuant to
471	s. 28.37. If a revenue deficit is projected for that clerk after
472	retaining all of the projected collections from the court-
473	related fines, fees, service charges, and costs, the Department
474	of Revenue shall certify the amount of the revenue deficit
475	amount to the Executive Office of the Governor and request
476	release authority for funds appropriated for this purpose from
477	the Department of Revenue Clerks of the Court Trust Fund.
478	Notwithstanding provisions of s. 216.192 related to the release
479	of funds, the Executive Office of the Governor may approve the
480	release of funds appropriated to resolve projected revenue
481	deficits in accordance with the notice, review, and objection
482	procedures set forth in s. 216.177 and shall provide notice to
483	the Chief Financial Officer. The Department of Revenue is
484	directed to request monthly distributions from the Chief
485	Financial Officer in equal amounts to each clerk certified to
486	have a revenue deficit, in accordance with the releases approved
487	by the Governor.
488	(b)  If the Chief Financial Officer finds the court-related
489	budget proposed by a clerk includes functions not included in
490	the standard list of court-related functions in s. 28.35(4)(a),
491	the Chief Financial Officer shall notify the clerk of the amount
492	of the proposed budget not eligible to be funded from fees,
493	service charges, costs, and fines for court-related functions
494	and shall identify appropriate corrective measures to ensure
495	budget integrity. The clerk shall then immediately discontinue
496	all ineligible expenditures of court-related funds for this
497	purpose and reimburse the Clerks of the Court Trust Fund for any
498	previously ineligible expenditures made for non-court-related
499	functions, and shall implement any corrective actions identified
500	by the Chief Financial Officer.
501	(5)(a)  For the county fiscal year October 1, 2004, through
502	September 30, 2005, the maximum annual budget amount for the
503	standard list of court-related functions of the clerks of court
504	in s. 28.35(4)(a) that may be funded from fees, service charges,
505	court costs, and fines retained by the clerks of the court shall
506	not exceed:
507	1.  One hundred and three percent of the clerk's estimated
508	expenditures for the prior county fiscal year; or
509	2.  One hundred and five percent of the clerk's estimated
510	expenditures for the prior county fiscal year for those clerks
511	in counties that for calendar years 1998-2002 experienced an
512	average annual increase of at least 5 percent in both population
513	and case filings for all case types as reported through the
514	Summary Reporting System used by the state courts system.
515	(b)  For the county fiscal year 2005-2006, the maximum
516	budget amount for the standard list of court-related functions
517	of the clerks of court in s. 28.35(4)(a) that may be funded from
518	fees, service charges, court costs, and fines retained by the
519	clerks of the court shall be the approved budget for county
520	fiscal year 2004-2005 adjusted by the projected percentage
521	change in revenue between the county fiscal years 2004-2005 and
522	2005-2006.
523	(c)  For the county fiscal years 2006-2007 and thereafter,
524	the maximum budget amount for the standard list of court-related
525	functions of the clerks of court in s. 28.35(4)(a) that may be
526	funded from fees, service charges, court costs, and fines
527	retained by the clerks of the court shall be established by
528	first rebasing the prior fiscal year budget to reflect the
529	actual percentage change in the prior fiscal year revenue and
530	then adjusting the rebased prior fiscal year budget by the
531	projected percentage change in revenue for the proposed budget
532	year. The rebasing calculations and maximum annual budget
533	calculations shall be as follows:
534	1.  For county fiscal year 2006-2007, the approved budget
535	for county fiscal year 2004-2005 shall be adjusted for the
536	actual percentage change in revenue between the two 12-month
537	periods ending June 30, 2005, and June 30, 2006. This result is
538	the rebased budget for the county fiscal year 2005-2006. Then
539	the rebased budget for the county fiscal year 2005-2006 shall be
540	adjusted by the projected percentage change in revenue between
541	the county fiscal years 2005-2006 and 2006-2007. This result
542	shall be the maximum annual budget amount for the standard list
543	of court-related functions of the clerks of court in s.
544	28.35(4)(a) that may be funded from fees, service charges, court
545	costs, and fines retained by the clerks of the court for each
546	clerk for the county fiscal year 2006-2007.
547	2.  For county fiscal year 2007-2008, the rebased budget
548	for county fiscal year 2005-2006 shall be adjusted for the
549	actual percentage change in revenue between the two 12-month
550	periods ending June 30, 2006, and June 30, 2007. This result is
551	the rebased budget for the county fiscal year 2006-2007. The
552	rebased budget for county fiscal year 2006-2007 shall be
553	adjusted by the projected percentage change in revenue between
554	the county fiscal years 2006-2007 and 2007-2008. This result
555	shall be the maximum annual budget amount for the standard list
556	of court-related functions of the clerks of court in s.
557	28.35(4)(a) that may be funded from fees, service charges, court
558	costs, and fines retained by the clerks of the court for county
559	fiscal year 2007-2008.
560	3.  For county fiscal years 2008-2009 and thereafter, the
561	maximum budget amount for the standard list of court-related
562	functions of the clerks of court in s. 28.35(4)(a) that may be
563	funded from fees, service charges, court costs, and fines
564	retained by the clerks of the court shall be calculated as the
565	rebased budget for the prior county fiscal year adjusted by the
566	projected percentage change in revenues between the prior county
567	fiscal year and the county fiscal year for which the maximum
568	budget amount is being authorized. The rebased budget for the
569	prior county fiscal year shall always be calculated by adjusting
570	the rebased budget for the year preceding the prior county
571	fiscal year by the actual percentage change in revenues between
572	the 12-month period ending June 30 of the year preceding the
573	prior county fiscal year and the 12-month period ending June 30
574	of the prior county fiscal year.
575	(6)  The Legislative Budget Commission may approve
576	increases to the maximum annual budgets approved for individual
577	clerks of the court pursuant to this section for court-related
578	duties, if either of the following conditions exist:
579	(a)  The additional funding is necessary to pay the cost of
580	performing new or additional functions required by changes in
581	law or court rule. Before the Legislative Budget Commission may
582	approve an increase in the maximum annual budget of any clerk
583	under this paragraph, the Clerk of the Court Operations
584	Corporation must provide the Legislative Budget Commission with
585	a statement of the impact of the proposed budget changes on
586	state revenues, and evidence that the respective clerk of the
587	court is meeting or exceeding the established performance
588	standards for measures on the fiscal management, operational
589	efficiency, and effective collection of fines, fees, service
590	charges, and court costs.
591	(b)  The additional funding is necessary to pay the cost of
592	supporting increases in the number of judges or magistrates
593	authorized by the Legislature. Before the Legislative Budget
594	Commission may approve an increase in the maximum annual budget
595	of any clerk under this paragraph, the Clerk of the Court
596	Operations Corporation must provide the Legislative Budget
597	Commission with a statement of the impact of the proposed budget
598	changes on state revenues; evidence that the respective clerk of
599	the court is meeting or exceeding the established performance
600	standards for measures on the fiscal management, operational
601	efficiency, and effective collection of fines, fees, service
602	charges, and court costs; and a proposed staffing model,
603	including the cost and number of staff necessary to support each
604	new judge or magistrate.
605
606	The total amount of increases approved by the Legislative Budget
607	Commission for each county fiscal year shall not exceed an
608	amount equal to 2 percent of the maximum annual budgets approved
609	pursuant to this section for all clerks, in the aggregate, for
610	that same county fiscal year.
611	(11)(7)  The corporation may submit proposed legislation to
612	the Governor, the President of the Senate, and the Speaker of
613	the House of Representatives relating to the preparation of
614	budget requests of the clerks of court no later than November 1
615	in any year for approval of clerk budget request amounts
616	exceeding the restrictions in this section for the following
617	October 1. If proposed legislation is recommended, the
618	corporation shall also submit supporting justification with
619	sufficient detail to identify the specific proposed expenditures
620	that would cause the limitations to be exceeded for each
621	affected clerk and the estimated fiscal impact on state
622	revenues.
623	Section 5.  Section 28.37, Florida Statutes, is amended to
624	read:
625	28.37  Fines, fees, service charges, and costs remitted to
626	the state.--
627	(1)  Pursuant to s. 14(b), Art. V of the State
628	Constitution, selected salaries, costs, and expenses of the
629	state courts system and court-related functions shall be funded
630	from a portion of the revenues derived from statutory fines,
631	fees, service charges, and costs collected by the clerks of the
632	court.
633	(2)  Except as otherwise provided in ss. 28.241 and 34.041,
634	all court-related fines, fees, service charges, and costs are
635	considered state funds and shall be remitted by the clerk to the
636	Department of Revenue for deposit into the Clerks of the Court
637	Trust Fund within the Justice Administrative Commission.
638	However, 10 percent of all court-related fines collected by the
639	clerk shall be deposited into the clerk's Public Records
640	Modernization Trust Fund to be used exclusively for additional
641	clerk court-related operational needs and program enhancements.
642	(2)  Beginning August 1, 2004, except as otherwise provided
643	in ss. 28.241 and 34.041, one-third of all fines, fees, service
644	charges, and costs collected by the clerks of the court during
645	the prior month for the performance of court-related functions
646	shall be remitted to the Department of Revenue for deposit in
647	the Department of Revenue Clerks of the Court Trust Fund. These
648	collections do not include funding received for the operation of
649	the Title IV-D child support collections and disbursement
650	program. The clerk of the court shall remit the revenues
651	collected during the prior month due to the state on or before
652	the 20th day of each month. The Department of Revenue shall make
653	a monthly transfer of the funds in the Department of Revenue
654	Clerks of the Court Trust Fund that are not needed to resolve
655	clerk of the court revenue deficits, as specified in s. 28.36,
656	to the General Revenue Fund.
657	(3)  For the period of October 1, 2003, to June 30, 2004,
658	those clerks operating as fee officers for court-related
659	services shall determine the amount of fees collected and
660	expenses generated for court-related services. Any excess fees
661	generated during this period shall be remitted to the county on
662	December 31, 2004. However, any billings for payment of due
663	process services rendered before July 1, 2004, may be paid by
664	the clerk from these funds. Due process services shall include,
665	but not be limited to, court reporter services, court
666	interpreter services, expert witness services, mental health
667	evaluations, and court-appointed counsel services. In addition,
668	any deficit experienced by the clerk for court-related services
669	during the period from October 1, 2003, to June 30, 2004, shall
670	be funded by the county.
671	(4)  Beginning January 1, 2005, for the period July 1,
672	2004, through September 30, 2004, and each January 1 thereafter
673	for the preceding county fiscal year of October 1 through
674	September 30, the clerk of the court must remit to the
675	Department of Revenue for deposit in the General Revenue Fund
676	the cumulative excess of all fees, service charges, court costs,
677	and fines retained by the clerks of the court, plus any funds
678	received by the clerks of the court from the Department of
679	Revenue Clerk of the Court Trust Fund under s. 28.36(4)(a), over
680	the amount needed to meet the approved budget amounts
681	established under s. 28.36.
682	(5)  The Department of Revenue shall collect any funds that
683	the corporation determines upon investigation were due on
684	January 1 but not remitted to the department.
685	Section 6.  Subsection (1) of section 28.43, Florida
686	Statutes, is amended to read:
687	28.43  Adoption of rules relating to ss. 28.35, 28.36, and
688	28.37.--
689	(1)  The Department of Revenue may adopt rules necessary to
690	carry out its responsibilities in ss. 28.35, 28.36, and 28.37.
691	The rules shall include forms and procedures for transferring
692	funds from the clerks of the court to the Clerks of the Court
693	Trust Fund within the Justice Administrative Commission
694	Department of Revenue.
695	Section 7.  Paragraph (b) of subsection (1) of section
696	34.041, Florida Statutes, is amended to read:
697	34.041  Filing fees.--
698	(1)
699	(b)  The first $80 of the filing fee collected under
700	subparagraph (a)4. shall be remitted to the Department of
701	Revenue for deposit into the General Revenue Fund. The next $15
702	of the filing fee collected under subparagraph (a)4., and the
703	first $15 of each filing fee collected under subparagraph (a)6.,
704	shall be deposited in the state courts' Mediation and
705	Arbitration Trust Fund. One-third of any filing fees collected
706	by the clerk under this section in excess of the first $95
707	collected under subparagraph (a)4. shall be remitted to the
708	Department of Revenue for deposit into the Department of Revenue
709	Clerks of the Court Trust Fund. An additional filing fee of $4
710	shall be paid to the clerk. The clerk shall transfer $3.50 to
711	the Department of Revenue for deposit into the Court Education
712	Trust Fund and shall transfer 50 cents to the Department of
713	Revenue for deposit into the Clerks of the Court Department of
714	Financial Services' Administrative Trust Fund within the Justice
715	Administrative Commission to fund clerk education. Postal
716	charges incurred by the clerk of the county court in making
717	service by mail on defendants or other parties shall be paid by
718	the party at whose instance service is made. Except as provided
719	herein, filing fees and service charges for performing duties of
720	the clerk relating to the county court shall be as provided in
721	ss. 28.24 and 28.241. Except as otherwise provided herein, all
722	filing fees shall be remitted to the Department of Revenue for
723	deposit into the Clerks of the Court Trust Fund within the
724	Justice Administrative Commission retained as fee income of the
725	office of the clerk of circuit court. Filing fees imposed by
726	this section may not be added to any penalty imposed by chapter
727	316 or chapter 318.
728	Section 8.  Subsection (5) of section 43.16, Florida
729	Statutes, is amended to read
730	43.16  Justice Administrative Commission; membership,
731	powers and duties.--
732	(5)  The duties of the commission shall include, but not be
733	limited to, the following:
734	(a)  The maintenance of a central state office for
735	administrative services and assistance when possible to and on
736	behalf of the state attorneys and public defenders of Florida,
737	the capital collateral regional counsel of Florida, the criminal
738	conflict and civil regional counsel, and the Guardian Ad Litem
739	Program, and the Florida Clerks of Court Operations Corporation.
740	(b)  Each state attorney, public defender, and criminal
741	conflict and civil regional counsel, and the Guardian Ad Litem
742	Program, and the Florida Clerks of Court Operations Corporation
743	shall continue to prepare necessary budgets, vouchers that
744	represent valid claims for reimbursement by the state for
745	authorized expenses, and other things incidental to the proper
746	administrative operation of the office, such as revenue
747	transmittals to the Chief Financial Officer and automated
748	systems plans, but will forward same to the commission for
749	recording and submission to the proper state officer. However,
750	when requested by a state attorney, a public defender, a
751	criminal conflict and civil regional counsel, or the Guardian Ad
752	Litem Program, the commission will either assist in the
753	preparation of budget requests, voucher schedules, and other
754	forms and reports or accomplish the entire project involved.
755	Section 9.  Section 43.27, Florida Statutes, is amended to
756	read
757	43.27  Office hours of clerks of court.--With the advice
758	and consent of the chief judge of the circuit, the clerks of the
759	courts of the several counties may establish the hours during
760	which the office of clerk may be open to the public. The hours
761	should conform as nearly as possible to the customary weekday
762	hours of business prevailing in the county. The clerk may
763	prescribe that the office be open such additional hours as
764	public needs require. The clerk of court may not close any
765	office of the clerk of court during customary weekday hours
766	without the consent of the chief judge of the circuit.
767	Section 10.  Subsection (3) of section 45.035, Florida
768	Statutes, as amended by section 3 of chapter 2009-21, Laws of
769	Florida, is amended to read:
770	45.035  Clerk's fees.--In addition to other fees or service
771	charges authorized by law, the clerk shall receive service
772	charges related to the judicial sales procedure set forth in ss.
773	45.031-45.034 and this section:
774	(3)  If the sale is conducted by electronic means, as
775	provided in s. 45.031(10), the clerk shall receive an additional
776	a service charge not to exceed of $70 as provided in subsection
777	(1) for services in conducting or contracting for the electronic
778	sale, which service charge shall be assessed as costs and paid
779	by the winning bidder shall be advanced by the plaintiff before
780	the sale. If the clerk requires advance electronic deposits to
781	secure the right to bid, such deposits shall not be subject to
782	the fee under s. 28.24(10). The portion of an advance deposit
783	from a winning bidder required by s. 45.031(3) shall, upon
784	acceptance of the winning bid, be subject to the fee under s.
785	28.24(10).
786	Section 11.  Paragraph (y) of subsection (2) of section
787	110.205, Florida Statutes, is amended to read:
788	110.205  Career service; exemptions.--
789	(2)  EXEMPT POSITIONS.--The exempt positions that are not
790	covered by this part include the following:
791	(y)  All officers and employees of the Justice
792	Administrative Commission, Office of the State Attorney, Office
793	of the Public Defender, regional offices of capital collateral
794	counsel, offices of criminal conflict and civil regional
795	counsel, and Statewide Guardian Ad Litem Office, including the
796	circuit guardian ad litem programs and the Florida Clerks of
797	Court Operations Corporation.
798	Section 12.  Section 142.01, Florida Statutes, is amended
799	to read:
800	142.01  Fine and forfeiture fund; disposition of revenue;
801	clerk of the circuit court.--
802	(1)  There shall be established by the clerk of the circuit
803	court in each county of this state a separate fund to be known
804	as the fine and forfeiture fund for use by the clerk of the
805	circuit court in performing court-related functions. The fund
806	shall consist of the following:
807	(a)(1)  Fines and penalties pursuant to ss. 28.2402(2),
808	34.045(2), 316.193, 327.35, 327.72, 379.2203(1), and 775.083(1).
809	(b)(2)  That portion of civil penalties directed to this
810	fund pursuant to s. 318.21.
811	(c)(3)  Court costs pursuant to ss. 28.2402(1)(b),
812	34.045(1)(b), 318.14(10)(b), 318.18(11)(a), 327.73(9)(a) and
813	(11)(a), and 938.05(3).
814	(d)(4)  Proceeds from forfeited bail bonds, unclaimed
815	bonds, unclaimed moneys, or recognizances pursuant to ss.
816	321.05(4)(a), 379.2203(1), and 903.26(3)(a).
817	(e)(5)  Fines and forfeitures pursuant to s. 34.191.
818	(f)(6)  All other revenues received by the clerk as revenue
819	authorized by law to be retained by the clerk.
820	(2)  All revenues received by the clerk in the fine and
821	forfeiture fund from court-related fees, fines, costs, and
822	service charges are considered state funds and shall be remitted
823	monthly to the Department of Revenue for deposit into the Clerks
824	of the Court Trust Fund within the Justice Administrative
825	Commission.
826	(3)  Notwithstanding the provisions of this section, all
827	fines and forfeitures arising from operation of the provisions
828	of s. 318.1215 shall be disbursed in accordance with that
829	section.
830	Section 13.  Subsection (4) of section 197.542, Florida
831	Statutes, is amended to read:
832	197.542  Sale at public auction.--
833	(4)(a)  A clerk may conduct electronic tax deed sales in
834	lieu of public outcry. The clerk must comply with the procedures
835	provided in this chapter, except that electronic proxy bidding
836	shall be allowed and the clerk may require bidders to advance
837	sufficient funds to pay the deposit required by subsection (2).
838	The clerk shall provide access to the electronic sale by
839	computer terminals open to the public at a designated location.
840	A clerk who conducts such electronic sales may receive
841	electronic deposits and payments related to the sale. The
842	portion of an advance deposit from a winning bidder required by
843	subsection (2) shall, upon acceptance of the winning bid, be
844	subject to the fee under s. 28.24(10).
845	(b)  Nothing in this subsection shall be construed to
846	restrict or limit the authority of a charter county from
847	conducting electronic tax deed sales. In a charter county where
848	the clerk of the circuit court does not conduct all electronic
849	sales, the charter county shall be permitted to receive
850	electronic deposits and payments related to sales it conducts,
851	as well as to subject the winning bidder to a fee, consistent
852	with the schedule in s. 28.24(10).
853	(c)  The costs of electronic tax deed sales shall be added
854	to the charges for the costs of sale under subsection (1) and
855	paid by the certificateholder when filing an application for a
856	tax deed.
857	Section 14.  Section 213.131, Florida Statutes, is amended
858	to read:
859	213.131  Department of Revenue Clerks of the Court Trust
860	Fund within the Justice Administrative Commission.--The
861	Department of Revenue Clerks of the Court Trust Fund is created
862	within the Justice Administrative Commission Department of
863	Revenue. Funds received by the department from the clerks of
864	court shall be credited to the trust fund as provided in ch.
865	2001-122, Laws of Florida, to be used for the purposes set forth
866	in such legislation.
867	Section 15.  Paragraph (qq) of subsection (1) of section
868	216.011, Florida Statutes, is amended to read:
869	216.011  Definitions.--
870	(1)  For the purpose of fiscal affairs of the state,
871	appropriations acts, legislative budgets, and approved budgets,
872	each of the following terms has the meaning indicated:
873	(qq)  "State agency" or "agency" means any official,
874	officer, commission, board, authority, council, committee, or
875	department of the executive branch of state government. For
876	purposes of this chapter and chapter 215, "state agency" or
877	"agency" includes, but is not limited to, state attorneys,
878	public defenders, criminal conflict and civil regional counsel,
879	capital collateral regional counsel, the Florida Clerks of Court
880	Operations Corporation, the Justice Administrative Commission,
881	the Florida Housing Finance Corporation, and the Florida Public
882	Service Commission. Solely for the purposes of implementing s.
883	19(h), Art. III of the State Constitution, the terms "state
884	agency" or "agency" include the judicial branch.
885	Section 16.  Subsection (13) of section 318.18, Florida
886	Statutes, is amended to read:
887	318.18  Amount of penalties.--The penalties required for a
888	noncriminal disposition pursuant to s. 318.14 or a criminal
889	offense listed in s. 318.17 are as follows:
890	(13)(a)  In addition to any penalties imposed for
891	noncriminal traffic infractions pursuant to this chapter or
892	imposed for criminal violations listed in s. 318.17, a board of
893	county commissioners or any unit of local government that which
894	is consolidated as provided by s. 9, Art. VIII of the State
895	Constitution of 1885, as preserved by s. 6(e), Art. VIII of the
896	Constitution of 1968:
897	1.(a)  May impose by ordinance a surcharge of up to $30 $15
898	for any infraction or violation to fund state court facilities.
899	The court shall not waive this surcharge. Up to 25 percent of
900	the revenue from such surcharge may be used to support local law
901	libraries provided that the county or unit of local government
902	provides a level of service equal to that provided prior to July
903	1, 2004, which shall include the continuation of library
904	facilities located in or near the county courthouse or any annex
905	to the courthouse annexes.
906	2.(b)  May, if such board or unit That imposed increased
907	fees or service charges by ordinance under s. 28.2401, s.
908	28.241, or s. 34.041 for the purpose of securing payment of the
909	principal and interest on bonds issued by the county before July
910	1, 2003, to finance state court facilities, may impose by
911	ordinance a surcharge for any infraction or violation for the
912	exclusive purpose of securing payment of the principal and
913	interest on bonds issued by the county before July 1, 2003, to
914	fund state court facilities until the date of stated maturity.
915	The court shall not waive this surcharge. Such surcharge may not
916	exceed an amount per violation calculated as the quotient of the
917	maximum annual payment of the principal and interest on the
918	bonds as of July 1, 2003, divided by the number of traffic
919	citations for county fiscal year 2002-2003 certified as paid by
920	the clerk of the court of the county. Such quotient shall be
921	rounded up to the next highest dollar amount. The bonds may be
922	refunded only if savings will be realized on payments of debt
923	service and the refunding bonds are scheduled to mature on the
924	same date or before the bonds being refunded. Notwithstanding
925	any of the foregoing provisions of this subparagraph paragraph
926	that limit the use of surcharge revenues, if the revenues
927	generated as a result of the adoption of this ordinance exceed
928	the debt service on the bonds, the surplus revenues may be used
929	to pay down the debt service on the bonds; fund other state-
930	court-facility construction projects as may be certified by the
931	chief judge as necessary to address unexpected growth in
932	caseloads, emergency requirements to accommodate public access,
933	threats to the safety of the public, judges, staff, and
934	litigants, or other exigent circumstances; or support local law
935	libraries in or near the county courthouse or any annex to the
936	courthouse annexes.
937	3.  May impose by ordinance a surcharge for any infraction
938	or violation for the exclusive purpose of securing payment of
939	the principal and interest on bonds issued by the county on or
940	after July 1, 2009, to fund state court facilities until the
941	stated date of maturity. The court may not waive this surcharge.
942	The surcharge may not exceed an amount per violation calculated
943	as the quotient of the maximum annual payment of the principal
944	and interest on the bonds, divided by the number of traffic
945	citations certified as paid by the clerk of the court of the
946	county on August 15 of each year. The quotient shall be rounded
947	up to the next highest dollar amount. The bonds may be refunded
948	if savings are realized on payments of debt service and the
949	refunding bonds are scheduled to mature on or before the
950	maturity date of the bonds being refunded. If the revenues
951	generated as a result of the adoption of the ordinance exceed
952	the debt service on the bonds, the surplus revenues may be used
953	to pay the debt service on the bonds; to fund other state court
954	facility construction projects certified by the chief judge as
955	necessary to address unexpected growth in caseloads, emergency
956	requirements to accommodate public access, threats to the safety
957	of the public, judges, staff, and litigants, or other exigent
958	circumstances; or to support local law libraries in or near the
959	county courthouse or any annex to the courthouse.
960	(b)  A county may not impose both of the surcharges
961	authorized under subparagraphs (a)1., 2., and 3. paragraphs (a)
962	and (b) concurrently. The clerk of court shall report, no later
963	than 30 days after the end of the quarter, the amount of funds
964	collected under this subsection during each quarter of the
965	fiscal year. The clerk shall submit the report, in a format
966	developed by the Office of State Courts Administrator, to the
967	chief judge of the circuit, the Governor, the President of the
968	Senate, and the Speaker of the House of Representatives, and the
969	board of county commissioners.
970	Section 17.  Each clerk of court shall provide financial
971	data concerning his or her expenditures for court-related
972	duties, including expenditures for court-related information
973	technology, to the Executive Office of the Governor for the
974	purposes contained in SB 1796 or similar legislation.
975	Section 18.  (1)  By January 15, 2010, the Office of
976	Program Policy Analysis and Government Accountability, in
977	consultation with the Chief Financial Officer and the Auditor
978	General, shall provide a report to the President of the Senate
979	and the Speaker of the House of Representatives regarding the
980	operation and functions of the clerks of court and the courts.
981	The Office of Program Policy Analysis and Government
982	Accountability shall examine who is performing each court-
983	related function, how each function is funded, and how
984	efficiently these functions are performed. The clerks of court,
985	the Florida Clerks of Court Operations Corporation, and the
986	state courts system are directed to cooperate fully with the
987	office and, upon request, provide any and all information
988	necessary to the review without cost or delay. The report shall
989	describe in detail the base budget for each of the clerks and
990	for the state courts system and report on the overall efficiency
991	of the current process. Administrative overhead shall be
992	calculated separately, and any apparent means to reduce such
993	overhead shall be explored and included in the report. The study
994	shall list each court-related function, a recommendation on who
995	should perform the function, and a recommendation for how to pay
996	for such function.
997	(2)  The Technology Review Workgroup shall develop a
998	proposed plan for identifying and recommending options for
999	implementing the integrated computer system established in s.
1000	29.008(1)(f)2., Florida Statutes. The plan shall describe the
1001	approaches and processes for evaluating the existing computer
1002	systems and data-sharing networks of the state courts system and
1003	the clerks of the court; identifying the required business and
1004	technical requirements; reliably estimating the cost, work, and
1005	change requirements; and examining the use of the funds
1006	collected under s. 28.24(12)(e), Florida Statutes. The plan may
1007	also address any necessary policy, operational, fiscal, or
1008	technical changes, including, but not limited to, potential
1009	changes to the distribution and use of funds collected under s.
1010	28.24(12)(e), Florida Statutes, that may be needed in order to
1011	manage, implement, and operate an integrated computer system.
1012	The plan shall be submitted to the President of the Senate and
1013	the Speaker of the House of Representatives no later than
1014	February 1, 2010. The clerks of court, the Florida Clerks of
1015	Court Operations Corporation, and the state courts system are
1016	directed to cooperate fully with the workgroup and provide any
1017	and all information necessary for the completion of the project
1018	without cost or delay upon request. The workgroup shall work in
1019	conjunction with the Auditor General and consider the results of
1020	the plans, studies, and reports of the Office of Program Policy
1021	Analysis and Government Accountability under subsection (1).
1022	Until July 1, 2011, a clerk may not purchase any new software
1023	unless a clerk is already obligated by a contract for new
1024	software entered into before May 1, 2009. A clerk may purchase
1025	regular and necessary upgrades to existing software if otherwise
1026	budgeted. Until July 1, 2011, a clerk may not purchase any
1027	computer hardware unless a clerk is already obligated by a
1028	contract for new hardware entered into before May 1, 2009.
1029	However, a clerk may purchase hardware necessary to replace
1030	broken equipment or necessary to equip new staff and only if
1031	otherwise budgeted. A clerk may apply to the Legislative Budget
1032	Commission for a limited and specific exception to these
1033	purchasing limits. The workgroup shall review such requests and
1034	make a recommendation to the commission.
1035	Section 19.  The Clerks of the Court Trust Fund within the
1036	Department of Revenue, FLAIR number 73-2-588, is transferred
1037	along with all balances and obligations to the Justice
1038	Administrative Commission.
1039	Section 20.  The Legislature finds and declares that this
1040	act fulfills an important state interest.
1041	Section 21.  Sections 25.311, 25.321, 25.331, 25.361, and
1042	25.381, Florida Statutes, are repealed.
1043	Section 22.  This act shall take effect upon becoming a
1044	law.
1045
1046
1047	-----------------------------------------------------
1048	T I T L E  A M E N D M E N T
1049	Remove the entire title and insert:
1050	A bill to be entitled
1051	An act relating to the clerks of court; amending s.
1052	28.241, F.S.; redirecting a portion of certain civil
1053	filing fees to the Clerks of the Court Trust Fund within
1054	the Justice Administrative Commission; eliminating a
1055	requirement that a portion of such fees be deposited into
1056	the Department of Financial Services Administrative Trust
1057	Fund; conforming terminology to changes made by the act;
1058	amending s. 28.246, F.S.; conforming terminology to
1059	changes made by the act; requiring the clerk to refer
1060	certain unpaid accounts to a private attorney or a
1061	collection agent; decreasing the percentage of collection
1062	fees charged to such unpaid accounts; amending s. 28.35,
1063	F.S.; providing for the Florida Clerks of Court Operations
1064	Corporation to be administratively housed within the
1065	Justice Administrative Commission; providing that the
1066	corporation is not subject to control, supervision, or
1067	direction by the commission; requiring employees of the
1068	corporation to be governed by the classification, salary,
1069	and benefits plan of the commission in a separate chapter;
1070	providing for legislative designees to the corporation's
1071	executive council; requiring the Chief Justice of the
1072	Supreme Court to designate a member of the corporation's
1073	executive council to represent the state courts system;
1074	deleting provisions exempting the corporation from ch.
1075	287, F.S., relating to procurement, and from ch. 120,
1076	F.S., relating to administrative procedures; revising the
1077	duties of the corporation; requiring that the corporation
1078	develop measures and standards for reviewing the
1079	performance of clerks of court and notify the Legislature
1080	and the Supreme Court of any clerk not meeting the
1081	standards; conforming cross-references; deleting
1082	provisions relating to the certification of the amount of
1083	the proposed budget for each clerk; providing for the
1084	clerks of court to be funded pursuant to state
1085	appropriations rather than from filing fees, service
1086	charges, court costs, and fines; providing for the
1087	corporation to be funded pursuant to the General
1088	Appropriations Act rather than a contract with the Chief
1089	Financial Officer; requiring the corporation to submit a
1090	legislative budget request; revising requirements for the
1091	audits of clerks of court; amending s. 28.36, F.S.;
1092	providing a procedure for the clerks of court to prepare
1093	budget requests for submission to the Florida Clerks of
1094	Court Operations Corporation, with a copy to the Supreme
1095	Court; providing requirements for the budget requests;
1096	requiring the corporation to determine whether projected
1097	court-related revenues are less than the proposed budget
1098	for a clerk; requiring that a clerk increase fees and
1099	service charges to resolve a deficit; requiring the
1100	corporation to compare a clerk's expenditures and costs
1101	with the clerk's peer group and for the clerk to submit
1102	documentation justifying higher expenditures; requiring
1103	that the corporation and the Chief Financial Officer
1104	review the clerks' budget requests and make
1105	recommendations to the Legislature; authorizing the Chief
1106	Financial Officer to conduct, and the Chief Justice of the
1107	Supreme Court to request, an audit of the corporation or a
1108	clerk of court; providing for the Legislature to make
1109	appropriations for the budgets of the clerks; requiring
1110	that the corporation release appropriations; specifying
1111	criteria for such release; deleting obsolete provisions;
1112	deleting provisions authorizing the Legislative Budget
1113	Commission to approve budgets; amending s. 28.37, F.S.;
1114	clarifying the requirement for depositing court-related
1115	fines, fees, service charges, and costs into the Clerks of
1116	the Court Trust Fund within the Justice Administrative
1117	Commission; requiring that a specified percentage of all
1118	court-related fines collected by the clerk be deposited
1119	into the clerk's Public Records Modernization Trust Fund
1120	and used exclusively for additional court-related
1121	operational needs and programs; deleting obsolete
1122	provisions relating to the funding of the clerks of court;
1123	amending s. 28.43, F.S.; conforming terminology to changes
1124	made by the act; amending s. 34.041, F.S., relating to
1125	filing fees; conforming provisions to changes made by the
1126	act; amending s. 43.16, F.S., relating to the duties of
1127	the Justice Administrative Commission; conforming
1128	provisions to the transfer of the Florida Clerks of Court
1129	Operations Corporation to the commission; amending s.
1130	43.27, F.S.; requiring that the clerk of court obtain the
1131	consent of the chief judge of the circuit concerning the
1132	clerk's office hours; amending s. 45.035, F.S.; revising
1133	the service charge for certain sales conducted by
1134	electronic means; requiring the service charge to be paid
1135	by the winning bidder; amending s. 110.205, F.S.;
1136	providing that positions in the Florida Clerks of Court
1137	Operations Corporation are excluded from career service
1138	exemption; amending s. 142.01, F.S.; requiring the deposit
1139	of revenues received in the fine and forfeiture funds of
1140	the clerks of court into the Clerks of the Court Trust
1141	Fund within the Justice Administrative Commission;
1142	amending s. 197.542, F.S.; adding the costs to conduct an
1143	electronic tax deed sale to certain other costs which must
1144	be paid by the certificate holder; amending s. 213.131,
1145	F.S.; conforming terminology and provisions to changes
1146	made by the act; amending s. 216.011, F.S.; redefining the
1147	term "state agency" for purposes of the fiscal affairs of
1148	the state to include the Florida Clerks of Court
1149	Operations Corporation; amending s. 318.18, F.S.;
1150	authorizing certain local governments to impose a
1151	surcharge on certain infractions or violations to repay
1152	bonds relating to court facilities; requiring a clerk of
1153	court to report the amount of surcharge collections;
1154	requiring that the clerks of court submit financial data
1155	to the Executive Office of the Governor; requiring the
1156	Office of Program Policy Analysis and Government
1157	Accountability, in consultation with the Chief Financial
1158	Officer and the Auditor General, to provide a report
1159	regarding the operation and relationship of the clerks of
1160	court and the courts to the Legislature by a specified
1161	date; providing report requirements; requiring the
1162	Technology Review Workgroup to develop a proposed plan for
1163	identifying and recommending options for implementing the
1164	integrated computer system and submit the plan to the
1165	Legislature by a specified date; providing plan
1166	requirements; providing specified restrictions for the
1167	purchase of computer software and hardware; providing an
1168	exception; transferring the Clerks of the Court Trust Fund
1169	from the Department of Revenue to the Justice
1170	Administrative Commission; providing a finding that the
1171	act fulfills an important state interest; repealing ss.
1172	25.311, 25.321, 25.331, 25.361, and 25.381, F.S., relating
1173	to the distribution and resupply of copies of the reports
1174	of decisions of the Supreme Court and district court of
1175	appeals, the declaration that such reports remain the
1176	public property of the state, the authorization of the
1177	Supreme Court to obtain state publications for exchange
1178	purposes, and the publication, purchase, and distribution
1179	of the reports of the opinions of the Supreme Court and
1180	the district courts of appeal, respectively; providing an
1181	effective date.

CODING: Words stricken are deletions; words underlined are additions.