ENROLLED
2009 Legislature CS for CS for SB 2108, 2nd Engrossed
20092108er
1
2 An act relating to the clerks of court; amending s.
3 28.241, F.S.; redirecting a portion of certain civil
4 filing fees to the Clerks of the Court Trust Fund
5 within the Justice Administrative Commission; revising
6 a requirement that a portion of such fees be deposited
7 into the Department of Financial Services
8 Administrative Trust Fund for a specified purpose;
9 eliminating a requirement that a portion of such fees
10 be deposited into the Clerks of the Court Trust Fund;
11 conforming terminology to changes made by the act;
12 amending s. 28.246, F.S.; conforming terminology to
13 changes made by the act; requiring the clerk to refer
14 certain unpaid accounts to a private attorney or a
15 collection agent; amending s. 28.35, F.S.; providing
16 for the Florida Clerks of Court Operations Corporation
17 to be administratively housed within the Justice
18 Administrative Commission; providing that the
19 corporation is not subject to control, supervision, or
20 direction by the commission; requiring employees of
21 the corporation to be governed by the classification,
22 salary, and benefits plan of the commission in a
23 separate chapter; providing for legislative designees
24 to the corporation’s executive council; requiring the
25 Chief Justice of the Supreme Court to designate a
26 member of the corporation’s executive council to
27 represent the state courts system; deleting provisions
28 exempting the corporation from ch. 287, F.S., relating
29 to procurement, and from ch. 120, F.S., relating to
30 administrative procedures; revising the duties of the
31 corporation; requiring that the corporation develop
32 measures and standards for reviewing the performance
33 of clerks of court and notify the Legislature and the
34 Supreme Court of any clerk not meeting the standards;
35 conforming cross-references; deleting provisions
36 relating to the certification of the amount of the
37 proposed budget for each clerk; providing for the
38 clerks of court to be funded pursuant to state
39 appropriations rather than from filing fees, service
40 charges, court costs, and fines; providing for the
41 corporation to be funded pursuant to the General
42 Appropriations Act rather than a contract with the
43 Chief Financial Officer; requiring the corporation to
44 submit a legislative budget request; revising
45 requirements for the audits of clerks of court;
46 amending s. 28.36, F.S.; providing a procedure for the
47 clerks of court to prepare budget requests for
48 submission to the Florida Clerks of Court Operations
49 Corporation, with a copy to the Supreme Court;
50 providing requirements for the budget requests;
51 requiring the corporation to determine whether
52 projected court-related revenues are less than the
53 proposed budget for a clerk; requiring that a clerk
54 increase fees and service charges to resolve a
55 deficit; requiring the corporation to compare a
56 clerk’s expenditures and costs with the clerk’s peer
57 group and for the clerk to submit documentation
58 justifying higher expenditures; requiring that the
59 corporation and the Chief Financial Officer review the
60 clerks’ budget requests and make recommendations to
61 the Legislature; authorizing the Chief Financial
62 Officer to conduct, and the Chief Justice of the
63 Supreme Court to request, an audit of the corporation
64 or a clerk of court; providing for the Legislature to
65 make appropriations for the budgets of the clerks;
66 requiring that the corporation release appropriations;
67 specifying criteria for such release; deleting
68 obsolete provisions; deleting provisions authorizing
69 the Legislative Budget Commission to approve budgets;
70 amending s. 28.37, F.S.; clarifying the requirement
71 for depositing court-related fines, fees, service
72 charges, and costs into the Clerks of the Court Trust
73 Fund within the Justice Administrative Commission;
74 requiring that a specified percentage of all court
75 related fines collected by the clerk be deposited into
76 the clerk’s Public Records Modernization Trust Fund
77 and used exclusively for additional court-related
78 operational needs and programs; deleting obsolete
79 provisions relating to the funding of the clerks of
80 court; amending s. 28.43, F.S.; conforming terminology
81 to changes made by the act; amending s. 34.041, F.S.,
82 relating to filing fees; conforming provisions to
83 changes made by the act; amending s. 43.16, F.S.,
84 relating to the duties of the Justice Administrative
85 Commission; conforming provisions to the transfer of
86 the Florida Clerks of Court Operations Corporation to
87 the commission; amending s. 43.27, F.S.; requiring
88 that the clerk of court obtain the consent of the
89 chief judge of the circuit concerning the clerk’s
90 office hours; amending s. 45.035, F.S.; revising the
91 service charge for certain sales conducted by
92 electronic means; requiring the service charge to be
93 paid by the winning bidder; amending s. 110.205, F.S.;
94 providing that positions in the Florida Clerks of
95 Court Operations Corporation are excluded from career
96 service exemption; amending s. 142.01, F.S.; requiring
97 the deposit of revenues received in the fine and
98 forfeiture funds of the clerks of court into the
99 Clerks of the Court Trust Fund within the Justice
100 Administrative Commission; amending s. 197.542, F.S.;
101 adding the costs to conduct an electronic tax deed
102 sale to certain other costs which must be paid by the
103 certificate holder; amending s. 213.131, F.S.;
104 conforming terminology and provisions to changes made
105 by the act; amending s. 216.011, F.S.; redefining the
106 term “state agency” for purposes of the fiscal affairs
107 of the state to include the Florida Clerks of Court
108 Operations Corporation; amending s. 318.18, F.S.;
109 authorizing certain local governments to impose a
110 surcharge on certain infractions or violations to
111 repay bonds relating to court facilities; requiring a
112 clerk of court to report the amount of surcharge
113 collections; requiring that the clerks of court submit
114 financial data to the Executive Office of the
115 Governor; requiring the Office of Program Policy
116 Analysis and Government Accountability, in
117 consultation with the Chief Financial Officer and the
118 Auditor General, to provide a report regarding the
119 operation and relationship of the clerks of court and
120 the courts to the Legislature by a specified date;
121 providing report requirements; requiring the
122 Technology Review Workgroup to develop a proposed plan
123 for identifying and recommending options for
124 implementing the integrated computer system and submit
125 the plan to the Legislature by a specified date;
126 providing plan requirements; providing specified
127 restrictions for the purchase of computer software and
128 hardware; providing an exception; transferring the
129 Clerks of the Court Trust Fund from the Department of
130 Revenue to the Justice Administrative Commission;
131 providing a finding that the act fulfills an important
132 state interest; repealing ss. 25.311, 25.321, 25.331,
133 25.361, and 25.381, F.S., relating to the distribution
134 and resupply of copies of the reports of decisions of
135 the Supreme Court and district court of appeals, the
136 declaration that such reports remain the public
137 property of the state, the authorization of the
138 Supreme Court to obtain state publications for
139 exchange purposes, and the publication, purchase, and
140 distribution of the reports of the opinions of the
141 Supreme Court and the district courts of appeal,
142 respectively; providing an effective date.
143
144 Be It Enacted by the Legislature of the State of Florida:
145
146 Section 1. Subsections (1) and (2) of section 28.241,
147 Florida Statutes, are amended to read:
148 28.241 Filing fees for trial and appellate proceedings.—
149 (1)(a) The party instituting any civil action, suit, or
150 proceeding in the circuit court shall pay to the clerk of that
151 court a filing fee of up to $295 in all cases in which there are
152 not more than five defendants and an additional filing fee of up
153 to $2.50 for each defendant in excess of five. Of the first $85
154 in filing fees, $80 must be remitted by the clerk to the
155 Department of Revenue for deposit into the General Revenue Fund,
156 $3.50 and $5 must be remitted to the Department of Revenue for
157 deposit into the Clerks of the Court Trust Fund within the
158 Justice Administrative Commission and used Department of
159 Financial Services’ Administrative Trust Fund to fund the
160 contract with the Florida Clerks of Court Operations Corporation
161 created in s. 28.35, and $1.50 shall be remitted to the
162 Department of Revenue for deposit into the Administrative Trust
163 Fund within the Department of Financial Services to fund clerk
164 budget reviews conducted by the Department of Financial
165 Services. The next $15 of the filing fee collected shall be
166 deposited in the state courts’ Mediation and Arbitration Trust
167 Fund. One-third of any filing fees collected by the clerk of the
168 circuit court in excess of $100 shall be remitted to the
169 Department of Revenue for deposit into the Department of Revenue
170 Clerks of the Court Trust Fund within the Justice Administrative
171 Commission. An additional filing fee of $4 shall be paid to the
172 clerk. The clerk shall remit $3.50 to the Department of Revenue
173 for deposit into the Court Education Trust Fund and shall remit
174 50 cents to the Department of Revenue for deposit into the
175 Clerks of the Court Department of Financial Services
176 Administrative Trust Fund within the Justice Administrative
177 Commission to fund clerk education. An additional filing fee of
178 up to $18 shall be paid by the party seeking each severance that
179 is granted. The clerk may impose an additional filing fee of up
180 to $85 for all proceedings of garnishment, attachment, replevin,
181 and distress. Postal charges incurred by the clerk of the
182 circuit court in making service by certified or registered mail
183 on defendants or other parties shall be paid by the party at
184 whose instance service is made. No additional fees, charges, or
185 costs shall be added to the filing fees imposed under this
186 section, except as authorized herein or by general law.
187 (b) A party reopening any civil action, suit, or proceeding
188 in the circuit court shall pay to the clerk of court a filing
189 fee set by the clerk in an amount not to exceed $50. For
190 purposes of this section, a case is reopened when a case
191 previously reported as disposed of is resubmitted to a court and
192 includes petitions for modification of a final judgment of
193 dissolution. A party is exempt from paying the fee for any of
194 the following:
195 1. A writ of garnishment;
196 2. A writ of replevin;
197 3. A distress writ;
198 4. A writ of attachment;
199 5. A motion for rehearing filed within 10 days;
200 6. A motion for attorney’s fees filed within 30 days after
201 entry of a judgment or final order;
202 7. A motion for dismissal filed after a mediation agreement
203 has been filed;
204 8. A disposition of personal property without
205 administration;
206 9. Any probate case prior to the discharge of a personal
207 representative;
208 10. Any guardianship pleading prior to discharge;
209 11. Any mental health pleading;
210 12. Motions to withdraw by attorneys;
211 13. Motions exclusively for the enforcement of child
212 support orders;
213 14. A petition for credit of child support;
214 15. A Notice of Intent to Relocate and any order issuing as
215 a result of an uncontested relocation;
216 16. Stipulations;
217 17. Responsive pleadings; or
218 18. Cases in which there is no initial filing fee.
219 (c) Any party other than a party described in paragraph (a)
220 who files a pleading in an original civil action in circuit
221 court for affirmative relief by cross-claim, counterclaim, or
222 third-party complaint shall pay the clerk of court a fee of
223 $295. The clerk shall remit the fee to the Department of Revenue
224 for deposit into the General Revenue Fund.
225 (d) The clerk of court shall collect a service charge of
226 $10 for issuing a summons. The clerk shall assess the fee
227 against the party seeking to have the summons issued.
228 (2) Upon the institution of any appellate proceeding from
229 any lower court to the circuit court of any such county,
230 including appeals filed by a county or municipality as provided
231 in s. 34.041(5), or from the circuit court to an appellate court
232 of the state, the clerk shall charge and collect from the party
233 or parties instituting such appellate proceedings a filing fee
234 not to exceed $280 for filing a notice of appeal from the county
235 court to the circuit court and, in addition to the filing fee
236 required under s. 25.241 or s. 35.22, $100 for filing a notice
237 of appeal from the circuit court to the district court of appeal
238 or to the Supreme Court. If the party is determined to be
239 indigent, the clerk shall defer payment of the fee. The clerk
240 shall remit the first $80 to the Department of Revenue for
241 deposit into the General Revenue Fund. One-third of the fee
242 collected by the clerk in excess of $80 also shall be remitted
243 to the Department of Revenue for deposit into the Clerks of the
244 Court Trust Fund.
245 Section 2. Paragraph (b) of subsection (5) and subsection
246 (6) of section 28.246, Florida Statutes, are amended to read:
247 28.246 Payment of court-related fees, charges, and costs;
248 partial payments; distribution of funds.—
249 (5) When receiving partial payment of fees, service
250 charges, court costs, and fines, clerks shall distribute funds
251 according to the following order of priority:
252 (b) That portion of fees, service charges, court costs, and
253 fines which are required to be retained by the clerk of the
254 court or deposited into the Clerks of the Court Trust Fund
255 within the Justice Administrative Commission.
256
257 To offset processing costs, clerks may impose either a per-month
258 service charge pursuant to s. 28.24(26)(b) or a one-time
259 administrative processing service charge at the inception of the
260 payment plan pursuant to s. 28.24(26)(c).
261 (6) A clerk of court shall may pursue the collection of any
262 fees, service charges, fines, court costs, and liens for the
263 payment of attorney’s fees and costs pursuant to s. 938.29 which
264 remain unpaid after for 90 days by referring or more, or refer
265 the account to a private attorney who is a member in good
266 standing of The Florida Bar or collection agent who is
267 registered and in good standing pursuant to chapter 559. In
268 pursuing the collection of such unpaid financial obligations
269 through a private attorney or collection agent, the clerk of the
270 court must have attempted to collect the unpaid amount through a
271 collection court, collections docket, or other collections
272 process, if any, established by the court, find this to be cost
273 effective and follow any applicable procurement practices. The
274 collection fee, including any reasonable attorney’s fee, paid to
275 any attorney or collection agent retained by the clerk may be
276 added to the balance owed in an amount not to exceed 40 percent
277 of the amount owed at the time the account is referred to the
278 attorney or agent for collection.
279 Section 3. Section 28.35, Florida Statutes, is amended to
280 read:
281 28.35 Florida Clerks of Court Operations Corporation.—
282 (1)(a) The Florida Clerks of Court Operations Corporation
283 is hereby created as a public corporation organized to perform
284 the functions specified in this section and s. 28.36 and shall
285 be administratively housed within the Justice Administrative
286 Commission. The corporation shall be a budget entity within the
287 Justice Administrative Commission, and its employees shall be
288 considered state employees. The corporation is not subject to
289 control, supervision, or direction by the Justice Administrative
290 Commission in the performance of its duties, but the employees
291 of the corporation shall be governed by the classification plan
292 and salary and benefits plan of the Justice Administrative
293 Commission. The classification plan must have a separate chapter
294 for the corporation. All clerks of the circuit court shall be
295 members of the corporation and hold their position and authority
296 in an ex officio capacity. The functions assigned to the
297 corporation shall be performed by an executive council pursuant
298 to the plan of operation approved by the members.
299 (b) The executive council shall be composed of eight clerks
300 of the court elected by the clerks of the courts for a term of 2
301 years, with two clerks from counties with a population of fewer
302 than 100,000, two clerks from counties with a population of at
303 least 100,000 but fewer than 500,000, two clerks from counties
304 with a population of at least 500,000 but fewer than 1 million,
305 and two clerks from counties with a population of more than 1
306 million. The executive council shall also include, as ex officio
307 members, a designee of the President of the Senate and a
308 designee of the Speaker of the House of Representatives. The
309 Chief Justice of the Supreme Court shall designate one
310 additional member to represent the state courts system.
311 (c) The corporation shall be considered a political
312 subdivision of the state and shall be exempt from the corporate
313 income tax. The corporation is not subject to the procurement
314 provisions of chapter 287 and policies and decisions of the
315 corporation relating to incurring debt, levying assessments, and
316 the sale, issuance, continuation, terms, and claims under
317 corporation policies, and all services relating thereto, are not
318 subject to the provisions of chapter 120.
319 (d) The functions assigned to the corporation under this
320 section and ss. 28.36 and 28.37 are considered to be for a valid
321 public purpose.
322 (2) The duties of the corporation shall include the
323 following:
324 (a) Adopting a plan of operation.
325 (b) Conducting the election of directors as required in
326 paragraph (1)(a).
327 (c) Recommending to the Legislature changes in the various
328 court-related fines, fees, service charges, and court costs
329 established by law to ensure reasonable and adequate funding of
330 the clerks of the court in the performance of their court
331 related functions.
332 (d) Pursuant to contract with the Chief Financial Officer,
333 establishing a process for the review and certification of
334 proposed court-related budgets submitted by clerks of the court
335 for completeness and compliance with this section and ss. 28.36
336 and 28.37. This process shall be designed and be of sufficient
337 detail to permit independent verification and validation of the
338 budget certification. The contract shall specify the process to
339 be used in determining compliance by the corporation with this
340 section and ss. 28.36 and 28.37.
341 (d)(e) Developing and certifying a uniform system of
342 performance measures and applicable performance standards for
343 the functions specified in paragraph (3)(a) and the service unit
344 costs required in s. 28.36 paragraph (4)(a) and measures for
345 clerk performance in meeting the performance standards. These
346 measures and standards shall be designed to facilitate an
347 objective determination of the performance of each clerk in
348 accordance with minimum standards for fiscal management,
349 operational efficiency, and effective collection of fines, fees,
350 service charges, and court costs. The corporation shall develop
351 the performance measures and performance standards in
352 consultation with the Legislature and the Supreme Court. The
353 Legislature may modify the clerk performance measures and
354 performance standards in legislation implementing the General
355 Appropriations Act or other law. When the corporation finds a
356 clerk has not met the performance standards, the corporation
357 shall identify the nature of each deficiency and any corrective
358 action recommended and taken by the affected clerk of the court.
359 The corporation shall notify the Legislature and the Supreme
360 Court of any clerk not meeting performance standards and provide
361 a copy of any corrective action plans.
362 (e)(f) Reviewing and certifying proposed budgets submitted
363 by clerks of the court pursuant to s. 28.36 utilizing the
364 process approved by the Chief Financial Officer pursuant to
365 paragraph (d) for the purpose of making the certification in
366 paragraph (3)(a). As part of this process, the corporation
367 shall:
368 1. Calculate the maximum authorized annual budget pursuant
369 to the requirements of s. 28.36.
370 2. Identify those proposed budgets exceeding the maximum
371 annual budget pursuant to s. 28.36(5) for the standard list of
372 court-related functions specified in paragraph (4)(a).
373 3. Identify those proposed budgets containing funding for
374 items not included on the standard list of court-related
375 functions specified in paragraph (4)(a).
376 4. Identify those clerks projected to have court-related
377 revenues insufficient to fund their anticipated court-related
378 expenditures.
379 (f)(g) Developing and conducting clerk education programs.
380 (g)(h) Publishing a uniform schedule of actual fees,
381 service charges, and costs charged by a clerk of the court for
382 court-related functions pursuant to general law.
383 (3)(a) The Clerks of Court Operations Corporation shall
384 certify to the President of the Senate, the Speaker of the House
385 of Representatives, the Chief Financial Officer, and the
386 Department of Revenue by October 15 of each year, the amount of
387 the proposed budget certified for each clerk; the revenue
388 projection supporting each clerk’s budget; each clerk eligible
389 to retain some or all of the state’s share of fines, fees,
390 service charges, and costs; the amount to be paid to each clerk
391 from the Clerks of the Court Trust Fund within the Department of
392 Revenue; the performance measures and standards approved by the
393 corporation for each clerk; and the performance of each clerk in
394 meeting the performance standards.
395 (b) Prior to December 1 of each year, the Chief Financial
396 Officer shall review the certifications made by the corporation
397 for the purpose of determining compliance with the approved
398 process and report its findings to the President of the Senate,
399 the Speaker of the House of Representatives and to the
400 Department of Revenue. To determine compliance with this
401 process, the Chief Financial Officer may examine the budgets
402 submitted to the corporation by the clerks.
403 (3)(4)(a) The list of court-related functions that clerks
404 may perform are fund from filing fees, service charges, court
405 costs, and fines shall be limited to those functions expressly
406 authorized by law or court rule. Those functions must include
407 the following: case maintenance; records management; court
408 preparation and attendance; processing the assignment,
409 reopening, and reassignment of cases; processing of appeals;
410 collection and distribution of fines, fees, service charges, and
411 court costs; processing of bond forfeiture payments; payment of
412 jurors and witnesses; payment of expenses for meals or lodging
413 provided to jurors; data collection and reporting; processing of
414 jurors; determinations of indigent status; and reasonable
415 administrative support costs to enable the clerk of the court to
416 carry out these court-related functions.
417 (b) The list of functions that clerks may not fund from
418 state appropriations filing fees, service charges, court costs,
419 and fines shall include:
420 1. Those functions not specified within paragraph (a).
421 2. Functions assigned by administrative orders which are
422 not required for the clerk to perform the functions in paragraph
423 (a).
424 3. Enhanced levels of service which are not required for
425 the clerk to perform the functions in paragraph (a).
426 4. Functions identified as local requirements in law or
427 local optional programs.
428 (4)(5) The corporation shall prepare a legislative budget
429 request for the resources necessary to perform its duties,
430 submit the request pursuant to chapter 216, and be funded as a
431 budget entity in the General Appropriations Act pursuant to
432 contract with the Chief Financial Officer. Funds shall be
433 provided to the Chief Financial Officer for this purpose as
434 appropriated by general law. These funds shall be available to
435 the corporation for the performance of the duties and
436 responsibilities as set forth in this section. The corporation
437 may hire staff and pay other expenses from state appropriations
438 these funds as necessary to perform the official duties and
439 responsibilities of the corporation as described by law in this
440 section.
441 (5)(6)(a) The corporation shall submit an annual audited
442 financial statement to the Auditor General in a form and manner
443 prescribed by the Auditor General. The Auditor General shall
444 conduct an annual audit of the operations of the corporation,
445 including the use of funds and compliance with the provisions of
446 this section and ss. 28.36 and 28.37.
447 (b) Certified public accountants conducting audits of
448 counties pursuant to s. 218.39 shall report, as part of the
449 audit, whether or not the clerks of the courts have complied
450 with the requirements of this section and s. 28.36. In addition,
451 each clerk of court shall forward a copy of the portion of the
452 financial audit relating to the court-related duties of the
453 clerk of court to the Supreme Court budgets certified by the
454 Florida Clerk of Courts Operations Corporation pursuant to the
455 budget review process pursuant to contract with the Chief
456 Financial Officer and with the performance standards developed
457 and certified pursuant to this section. The Auditor General
458 shall develop a compliance supplement for the audit of
459 compliance with the budgets and applicable performance standards
460 certified by the corporation.
461 Section 4. Section 28.36, Florida Statutes, is amended to
462 read:
463 28.36 Budget procedure.—There is hereby established a
464 budget procedure for the preparing budget requests for funding
465 for the court-related functions of the clerks of the court.
466 (1) Each clerk of court shall prepare a budget request for
467 the last quarter of the county fiscal year and the first three
468 quarters of the next county fiscal year. The proposed budget
469 shall be prepared, summarized, and submitted by the clerk in
470 each county to the Florida Clerks of Court Operations
471 Corporation in the manner and form prescribed by the corporation
472 to meet the requirements of law. Each clerk shall forward a copy
473 of his or her budget request to the Supreme Court. The budget
474 requests must be provided to the corporation by October 1 of
475 each year.
476 (1) Only those functions on the standard list developed
477 pursuant to s. 28.35(4)(a) may be funded from fees, service
478 charges, court costs, and fines retained by the clerks of the
479 court. No clerk may use fees, service charges, court costs, and
480 fines in excess of the maximum budget amounts as established in
481 subsection (5).
482 (2) For the period July 1, 2004, through September 30,
483 2004, and for each county fiscal year ending September 30
484 thereafter, each clerk of the court shall prepare a budget
485 relating solely to the performance of the standard list of
486 court-related functions pursuant to s. 28.35(4)(a).
487 (3) Each proposed budget shall further conform to the
488 following requirements:
489 (a) On or before August 15 for each fiscal year thereafter,
490 the proposed budget shall be prepared, summarized, and submitted
491 by the clerk in each county to the Clerks of Court Operations
492 Corporation in the manner and form prescribed by the
493 corporation. The proposed budget must provide detailed
494 information on the anticipated revenues available and
495 expenditures necessary for the performance of the standard list
496 of court-related functions of the clerk’s office developed
497 pursuant to s. 28.35(4)(a) for the county fiscal year beginning
498 the following October 1.
499 (b) The proposed budget must be balanced, such that the
500 total of the estimated revenues available must equal or exceed
501 the total of the anticipated expenditures. These revenues
502 include the following: cash balances brought forward from the
503 prior fiscal period; revenue projected to be received from fees,
504 service charges, court costs, and fines for court-related
505 functions during the fiscal period covered by the budget; and
506 supplemental revenue that may be requested pursuant to
507 subsection (4). The anticipated expenditures must be itemized as
508 required by the corporation, pursuant to contract with the Chief
509 Financial Officer.
510 (c) The proposed budget may include a contingency reserve
511 not to exceed 10 percent of the total budget, provided that,
512 overall, the proposed budget does not exceed the limits
513 prescribed in subsection (5).
514 (4) If a clerk of the court estimates that available funds
515 plus projected revenues from fines, fees, service charges, and
516 costs for court-related services are insufficient to meet the
517 anticipated expenditures for the standard list of court-related
518 functions in s. 28.35(4)(a) performed by his or her office, the
519 clerk must report the revenue deficit to the Clerks of Court
520 Operations Corporation in the manner and form prescribed by the
521 corporation pursuant to contract with the Chief Financial
522 Officer. The corporation shall verify that the proposed budget
523 is limited to the standard list of court-related functions in s.
524 28.35(4)(a).
525 (2)(a) Each clerk shall include in his or her budget
526 request a projection of the amount of court-related fees,
527 service charges, and any other court-related clerk fees which
528 will be collected during the proposed budget period. If the
529 corporation determines verifies that the proposed budget is
530 limited to the standard list of court-related functions in s.
531 28.35(3)(a) s. 28.35(4)(a) and the projected court-related
532 revenues are less than the proposed budget, the a revenue
533 deficit is projected, a clerk seeking to retain revenues
534 pursuant to this subsection shall increase all fees, service
535 charges, and any other court-related clerk fees and charges to
536 the maximum amounts specified by law or the amount necessary to
537 resolve the deficit, whichever is less.
538 (3) Each clerk shall include in his or her budget request
539 the number of personnel and the proposed budget for each of the
540 following core services:
541 (a) Case processing.
542 (b) Financial processing.
543 (c) Jury management.
544 (d) Information and reporting.
545
546 Central administrative costs shall be allocated among the core
547 services categories.
548 (4) The budget request must identify the service units to
549 be provided within each core service. The service units shall be
550 developed by the corporation, in consultation with the Supreme
551 Court, the Chief Financial Officer, and the appropriation
552 committees of the Senate and the House of Representatives.
553 (5) The budget request must propose a unit cost for each
554 service unit. The corporation shall provide a copy of each
555 clerk’s budget request to the Supreme Court.
556 (6) The corporation shall review each individual clerk’s
557 prior-year expenditures, projected revenue, proposed unit costs,
558 and the proposed budget for each of the core-services
559 categories. The corporation shall compare each clerk’s prior
560 year expenditures and unit costs for core services with a peer
561 group of clerks’ offices having a population of a similar size
562 and a similar number of case filings. If the corporation finds
563 that the expenditures, unit costs, or proposed budget of a clerk
564 are significantly higher than those of clerks in that clerk’s
565 peer group, the corporation shall require the clerk to submit
566 documentation justifying the difference in each core-services
567 category. Justification for higher expenditures may include, but
568 are not limited to, collective bargaining agreements, county
569 civil service agreements, and the number and distribution of
570 courthouses served by the clerk. If the expenditures and unit
571 costs are not justified, the corporation shall recommend a
572 reduction in the funding for that core-services category in the
573 budget request to an amount similar to the peer group of clerks
574 or to an amount that the corporation determines is justified.
575 (7) The corporation shall complete its review and
576 adjustments to the clerks’ budget requests and make its
577 recommendations to the Legislature and the Supreme Court by
578 December 1 each year.
579 (8) The Chief Financial Officer shall review the proposed
580 unit costs associated with each clerk of court’s budget request
581 and make recommendations to the Legislature. The Chief Financial
582 Officer may conduct any audit of the corporation or a clerk of
583 court as authorized by law. The Chief Justice of the Supreme
584 Court may request an audit of the corporation or any clerk of
585 court by the Chief Financial Officer.
586 (9) The Legislature shall appropriate the total amount for
587 the budgets of the clerks in the General Appropriations Act. The
588 Legislature may reject or modify any or all of the unit costs
589 recommended by the corporation. If the Legislature does not
590 specify the unit costs in the General Appropriations Act or
591 other law, the unit costs recommended by the corporation shall
592 be the official unit costs for that budget period.
593 (10) For the 2009-2010 fiscal year, the corporation shall
594 release appropriations in an amount equal to one-twelfth of each
595 clerk’s approved budget each month. The statewide total
596 appropriation for the 2009-2010 fiscal year shall be set in the
597 General Appropriations Act. The corporation shall determine the
598 amount of each clerk of court budget, but the statewide total of
599 such amounts may not exceed the amount listed in the General
600 Appropriations Act. Beginning in the 2010-2011 fiscal year, the
601 corporation shall release appropriations to each clerk
602 quarterly. The amount of the release shall be based on the prior
603 quarter’s performance of service units identified in the four
604 core services and the established unit costs for each clerk. If,
605 after increasing fees, service charges, and any other court
606 related clerk fees and charges to the maximum amounts specified
607 by law, a revenue deficit is still projected, the corporation
608 shall, pursuant to the terms of the contract with the Chief
609 Financial Officer, certify a revenue deficit and notify the
610 Department of Revenue that the clerk is authorized to retain
611 revenues, in an amount necessary to fully fund the projected
612 revenue deficit, which he or she would otherwise be required to
613 remit to the Department of Revenue for deposit into the
614 Department of Revenue Clerks of the Court Trust Fund pursuant to
615 s. 28.37. If a revenue deficit is projected for that clerk after
616 retaining all of the projected collections from the court
617 related fines, fees, service charges, and costs, the Department
618 of Revenue shall certify the amount of the revenue deficit
619 amount to the Executive Office of the Governor and request
620 release authority for funds appropriated for this purpose from
621 the Department of Revenue Clerks of the Court Trust Fund.
622 Notwithstanding provisions of s. 216.192 related to the release
623 of funds, the Executive Office of the Governor may approve the
624 release of funds appropriated to resolve projected revenue
625 deficits in accordance with the notice, review, and objection
626 procedures set forth in s. 216.177 and shall provide notice to
627 the Chief Financial Officer. The Department of Revenue is
628 directed to request monthly distributions from the Chief
629 Financial Officer in equal amounts to each clerk certified to
630 have a revenue deficit, in accordance with the releases approved
631 by the Governor.
632 (b) If the Chief Financial Officer finds the court-related
633 budget proposed by a clerk includes functions not included in
634 the standard list of court-related functions in s. 28.35(4)(a),
635 the Chief Financial Officer shall notify the clerk of the amount
636 of the proposed budget not eligible to be funded from fees,
637 service charges, costs, and fines for court-related functions
638 and shall identify appropriate corrective measures to ensure
639 budget integrity. The clerk shall then immediately discontinue
640 all ineligible expenditures of court-related funds for this
641 purpose and reimburse the Clerks of the Court Trust Fund for any
642 previously ineligible expenditures made for non-court-related
643 functions, and shall implement any corrective actions identified
644 by the Chief Financial Officer.
645 (5)(a) For the county fiscal year October 1, 2004, through
646 September 30, 2005, the maximum annual budget amount for the
647 standard list of court-related functions of the clerks of court
648 in s. 28.35(4)(a) that may be funded from fees, service charges,
649 court costs, and fines retained by the clerks of the court shall
650 not exceed:
651 1. One hundred and three percent of the clerk’s estimated
652 expenditures for the prior county fiscal year; or
653 2. One hundred and five percent of the clerk’s estimated
654 expenditures for the prior county fiscal year for those clerks
655 in counties that for calendar years 1998-2002 experienced an
656 average annual increase of at least 5 percent in both population
657 and case filings for all case types as reported through the
658 Summary Reporting System used by the state courts system.
659 (b) For the county fiscal year 2005-2006, the maximum
660 budget amount for the standard list of court-related functions
661 of the clerks of court in s. 28.35(4)(a) that may be funded from
662 fees, service charges, court costs, and fines retained by the
663 clerks of the court shall be the approved budget for county
664 fiscal year 2004-2005 adjusted by the projected percentage
665 change in revenue between the county fiscal years 2004-2005 and
666 2005-2006.
667 (c) For the county fiscal years 2006-2007 and thereafter,
668 the maximum budget amount for the standard list of court-related
669 functions of the clerks of court in s. 28.35(4)(a) that may be
670 funded from fees, service charges, court costs, and fines
671 retained by the clerks of the court shall be established by
672 first rebasing the prior fiscal year budget to reflect the
673 actual percentage change in the prior fiscal year revenue and
674 then adjusting the rebased prior fiscal year budget by the
675 projected percentage change in revenue for the proposed budget
676 year. The rebasing calculations and maximum annual budget
677 calculations shall be as follows:
678 1. For county fiscal year 2006-2007, the approved budget
679 for county fiscal year 2004-2005 shall be adjusted for the
680 actual percentage change in revenue between the two 12-month
681 periods ending June 30, 2005, and June 30, 2006. This result is
682 the rebased budget for the county fiscal year 2005-2006. Then
683 the rebased budget for the county fiscal year 2005-2006 shall be
684 adjusted by the projected percentage change in revenue between
685 the county fiscal years 2005-2006 and 2006-2007. This result
686 shall be the maximum annual budget amount for the standard list
687 of court-related functions of the clerks of court in s.
688 28.35(4)(a) that may be funded from fees, service charges, court
689 costs, and fines retained by the clerks of the court for each
690 clerk for the county fiscal year 2006-2007.
691 2. For county fiscal year 2007-2008, the rebased budget for
692 county fiscal year 2005-2006 shall be adjusted for the actual
693 percentage change in revenue between the two 12-month periods
694 ending June 30, 2006, and June 30, 2007. This result is the
695 rebased budget for the county fiscal year 2006-2007. The rebased
696 budget for county fiscal year 2006-2007 shall be adjusted by the
697 projected percentage change in revenue between the county fiscal
698 years 2006-2007 and 2007-2008. This result shall be the maximum
699 annual budget amount for the standard list of court-related
700 functions of the clerks of court in s. 28.35(4)(a) that may be
701 funded from fees, service charges, court costs, and fines
702 retained by the clerks of the court for county fiscal year 2007
703 2008.
704 3. For county fiscal years 2008-2009 and thereafter, the
705 maximum budget amount for the standard list of court-related
706 functions of the clerks of court in s. 28.35(4)(a) that may be
707 funded from fees, service charges, court costs, and fines
708 retained by the clerks of the court shall be calculated as the
709 rebased budget for the prior county fiscal year adjusted by the
710 projected percentage change in revenues between the prior county
711 fiscal year and the county fiscal year for which the maximum
712 budget amount is being authorized. The rebased budget for the
713 prior county fiscal year shall always be calculated by adjusting
714 the rebased budget for the year preceding the prior county
715 fiscal year by the actual percentage change in revenues between
716 the 12-month period ending June 30 of the year preceding the
717 prior county fiscal year and the 12-month period ending June 30
718 of the prior county fiscal year.
719 (6) The Legislative Budget Commission may approve increases
720 to the maximum annual budgets approved for individual clerks of
721 the court pursuant to this section for court-related duties, if
722 either of the following conditions exist:
723 (a) The additional funding is necessary to pay the cost of
724 performing new or additional functions required by changes in
725 law or court rule. Before the Legislative Budget Commission may
726 approve an increase in the maximum annual budget of any clerk
727 under this paragraph, the Clerk of the Court Operations
728 Corporation must provide the Legislative Budget Commission with
729 a statement of the impact of the proposed budget changes on
730 state revenues, and evidence that the respective clerk of the
731 court is meeting or exceeding the established performance
732 standards for measures on the fiscal management, operational
733 efficiency, and effective collection of fines, fees, service
734 charges, and court costs.
735 (b) The additional funding is necessary to pay the cost of
736 supporting increases in the number of judges or magistrates
737 authorized by the Legislature. Before the Legislative Budget
738 Commission may approve an increase in the maximum annual budget
739 of any clerk under this paragraph, the Clerk of the Court
740 Operations Corporation must provide the Legislative Budget
741 Commission with a statement of the impact of the proposed budget
742 changes on state revenues; evidence that the respective clerk of
743 the court is meeting or exceeding the established performance
744 standards for measures on the fiscal management, operational
745 efficiency, and effective collection of fines, fees, service
746 charges, and court costs; and a proposed staffing model,
747 including the cost and number of staff necessary to support each
748 new judge or magistrate.
749
750 The total amount of increases approved by the Legislative Budget
751 Commission for each county fiscal year shall not exceed an
752 amount equal to 2 percent of the maximum annual budgets approved
753 pursuant to this section for all clerks, in the aggregate, for
754 that same county fiscal year.
755 (11)(7) The corporation may submit proposed legislation to
756 the Governor, the President of the Senate, and the Speaker of
757 the House of Representatives relating to the preparation of
758 budget requests of the clerks of court no later than November 1
759 in any year for approval of clerk budget request amounts
760 exceeding the restrictions in this section for the following
761 October 1. If proposed legislation is recommended, the
762 corporation shall also submit supporting justification with
763 sufficient detail to identify the specific proposed expenditures
764 that would cause the limitations to be exceeded for each
765 affected clerk and the estimated fiscal impact on state
766 revenues.
767 Section 5. Section 28.37, Florida Statutes, is amended to
768 read:
769 28.37 Fines, fees, service charges, and costs remitted to
770 the state.—
771 (1) Pursuant to s. 14(b), Art. V of the State Constitution,
772 selected salaries, costs, and expenses of the state courts
773 system and court-related functions shall be funded from a
774 portion of the revenues derived from statutory fines, fees,
775 service charges, and costs collected by the clerks of the court.
776 (2) Except as otherwise provided in ss. 28.241 and 34.041,
777 all court-related fines, fees, service charges, and costs are
778 considered state funds and shall be remitted by the clerk to the
779 Department of Revenue for deposit into the Clerks of the Court
780 Trust Fund within the Justice Administrative Commission.
781 However, 10 percent of all court-related fines collected by the
782 clerk shall be deposited into the clerk’s Public Records
783 Modernization Trust Fund to be used exclusively for additional
784 clerk court-related operational needs and program enhancements.
785 (2) Beginning August 1, 2004, except as otherwise provided
786 in ss. 28.241 and 34.041, one-third of all fines, fees, service
787 charges, and costs collected by the clerks of the court during
788 the prior month for the performance of court-related functions
789 shall be remitted to the Department of Revenue for deposit in
790 the Department of Revenue Clerks of the Court Trust Fund. These
791 collections do not include funding received for the operation of
792 the Title IV-D child support collections and disbursement
793 program. The clerk of the court shall remit the revenues
794 collected during the prior month due to the state on or before
795 the 20th day of each month. The Department of Revenue shall make
796 a monthly transfer of the funds in the Department of Revenue
797 Clerks of the Court Trust Fund that are not needed to resolve
798 clerk of the court revenue deficits, as specified in s. 28.36,
799 to the General Revenue Fund.
800 (3) For the period of October 1, 2003, to June 30, 2004,
801 those clerks operating as fee officers for court-related
802 services shall determine the amount of fees collected and
803 expenses generated for court-related services. Any excess fees
804 generated during this period shall be remitted to the county on
805 December 31, 2004. However, any billings for payment of due
806 process services rendered before July 1, 2004, may be paid by
807 the clerk from these funds. Due process services shall include,
808 but not be limited to, court reporter services, court
809 interpreter services, expert witness services, mental health
810 evaluations, and court-appointed counsel services. In addition,
811 any deficit experienced by the clerk for court-related services
812 during the period from October 1, 2003, to June 30, 2004, shall
813 be funded by the county.
814 (4) Beginning January 1, 2005, for the period July 1, 2004,
815 through September 30, 2004, and each January 1 thereafter for
816 the preceding county fiscal year of October 1 through September
817 30, the clerk of the court must remit to the Department of
818 Revenue for deposit in the General Revenue Fund the cumulative
819 excess of all fees, service charges, court costs, and fines
820 retained by the clerks of the court, plus any funds received by
821 the clerks of the court from the Department of Revenue Clerk of
822 the Court Trust Fund under s. 28.36(4)(a), over the amount
823 needed to meet the approved budget amounts established under s.
824 28.36.
825 (5) The Department of Revenue shall collect any funds that
826 the corporation determines upon investigation were due on
827 January 1 but not remitted to the department.
828 Section 6. Subsection (1) of section 28.43, Florida
829 Statutes, is amended to read:
830 28.43 Adoption of rules relating to ss. 28.35, 28.36, and
831 28.37.—
832 (1) The Department of Revenue may adopt rules necessary to
833 carry out its responsibilities in ss. 28.35, 28.36, and 28.37.
834 The rules shall include forms and procedures for transferring
835 funds from the clerks of the court to the Clerks of the Court
836 Trust Fund within the Justice Administrative Commission
837 Department of Revenue.
838 Section 7. Paragraph (b) of subsection (1) of section
839 34.041, Florida Statutes, is amended to read:
840 34.041 Filing fees.—
841 (1)
842 (b) The first $80 of the filing fee collected under
843 subparagraph (a)4. shall be remitted to the Department of
844 Revenue for deposit into the General Revenue Fund. The next $15
845 of the filing fee collected under subparagraph (a)4., and the
846 first $15 of each filing fee collected under subparagraph (a)6.,
847 shall be deposited in the state courts’ Mediation and
848 Arbitration Trust Fund. One-third of any filing fees collected
849 by the clerk under this section in excess of the first $95
850 collected under subparagraph (a)4. shall be remitted to the
851 Department of Revenue for deposit into the Department of Revenue
852 Clerks of the Court Trust Fund. An additional filing fee of $4
853 shall be paid to the clerk. The clerk shall transfer $3.50 to
854 the Department of Revenue for deposit into the Court Education
855 Trust Fund and shall transfer 50 cents to the Department of
856 Revenue for deposit into the Clerks of the Court Department of
857 Financial Services’ Administrative Trust Fund within the Justice
858 Administrative Commission to fund clerk education. Postal
859 charges incurred by the clerk of the county court in making
860 service by mail on defendants or other parties shall be paid by
861 the party at whose instance service is made. Except as provided
862 herein, filing fees and service charges for performing duties of
863 the clerk relating to the county court shall be as provided in
864 ss. 28.24 and 28.241. Except as otherwise provided herein, all
865 filing fees shall be remitted to the Department of Revenue for
866 deposit into the Clerks of the Court Trust Fund within the
867 Justice Administrative Commission retained as fee income of the
868 office of the clerk of circuit court. Filing fees imposed by
869 this section may not be added to any penalty imposed by chapter
870 316 or chapter 318.
871 Section 8. Subsection (5) of section 43.16, Florida
872 Statutes, is amended to read:
873 43.16 Justice Administrative Commission; membership, powers
874 and duties.—
875 (5) The duties of the commission shall include, but not be
876 limited to, the following:
877 (a) The maintenance of a central state office for
878 administrative services and assistance when possible to and on
879 behalf of the state attorneys and public defenders of Florida,
880 the capital collateral regional counsel of Florida, the criminal
881 conflict and civil regional counsel, and the Guardian Ad Litem
882 Program, and the Florida Clerks of Court Operations Corporation.
883 (b) Each state attorney, public defender, and criminal
884 conflict and civil regional counsel, and the Guardian Ad Litem
885 Program, and the Florida Clerks of Court Operations Corporation
886 shall continue to prepare necessary budgets, vouchers that
887 represent valid claims for reimbursement by the state for
888 authorized expenses, and other things incidental to the proper
889 administrative operation of the office, such as revenue
890 transmittals to the Chief Financial Officer and automated
891 systems plans, but will forward same to the commission for
892 recording and submission to the proper state officer. However,
893 when requested by a state attorney, a public defender, a
894 criminal conflict and civil regional counsel, or the Guardian Ad
895 Litem Program, the commission will either assist in the
896 preparation of budget requests, voucher schedules, and other
897 forms and reports or accomplish the entire project involved.
898 Section 9. Section 43.27, Florida Statutes, is amended to
899 read:
900 43.27 Office hours of clerks of court.—With the advice and
901 consent of the chief judge of the circuit, the clerks of the
902 courts of the several counties may establish the hours during
903 which the office of clerk may be open to the public. The hours
904 should conform as nearly as possible to the customary weekday
905 hours of business prevailing in the county. The clerk may
906 prescribe that the office be open such additional hours as
907 public needs require. The clerk of court may not close any
908 office of the clerk of court during customary weekday hours
909 without the consent of the chief judge of the circuit.
910 Section 10. Subsection (3) of section 45.035, Florida
911 Statutes, as amended by section 3 of chapter 2009-21, Laws of
912 Florida, is amended to read:
913 45.035 Clerk’s fees.—In addition to other fees or service
914 charges authorized by law, the clerk shall receive service
915 charges related to the judicial sales procedure set forth in ss.
916 45.031-45.034 and this section:
917 (3) If the sale is conducted by electronic means, as
918 provided in s. 45.031(10), the clerk shall receive an additional
919 a service charge not to exceed of $70 as provided in subsection
920 (1) for services in conducting or contracting for the electronic
921 sale, which service charge shall be assessed as costs and paid
922 by the winning bidder shall be advanced by the plaintiff before
923 the sale. If the clerk requires advance electronic deposits to
924 secure the right to bid, such deposits shall not be subject to
925 the fee under s. 28.24(10). The portion of an advance deposit
926 from a winning bidder required by s. 45.031(3) shall, upon
927 acceptance of the winning bid, be subject to the fee under s.
928 28.24(10).
929 Section 11. Paragraph (y) of subsection (2) of section
930 110.205, Florida Statutes, is amended to read:
931 110.205 Career service; exemptions.—
932 (2) EXEMPT POSITIONS.—The exempt positions that are not
933 covered by this part include the following:
934 (y) All officers and employees of the Justice
935 Administrative Commission, Office of the State Attorney, Office
936 of the Public Defender, regional offices of capital collateral
937 counsel, offices of criminal conflict and civil regional
938 counsel, and Statewide Guardian Ad Litem Office, including the
939 circuit guardian ad litem programs and the Florida Clerks of
940 Court Operations Corporation.
941 Section 12. Section 142.01, Florida Statutes, is amended to
942 read:
943 142.01 Fine and forfeiture fund; disposition of revenue;
944 clerk of the circuit court.—
945 (1) There shall be established by the clerk of the circuit
946 court in each county of this state a separate fund to be known
947 as the fine and forfeiture fund for use by the clerk of the
948 circuit court in performing court-related functions. The fund
949 shall consist of the following:
950 (a)(1) Fines and penalties pursuant to ss. 28.2402(2),
951 34.045(2), 316.193, 327.35, 327.72, 379.2203(1), and 775.083(1).
952 (b)(2) That portion of civil penalties directed to this
953 fund pursuant to s. 318.21.
954 (c)(3) Court costs pursuant to ss. 28.2402(1)(b),
955 34.045(1)(b), 318.14(10)(b), 318.18(11)(a), 327.73(9)(a) and
956 (11)(a), and 938.05(3).
957 (d)(4) Proceeds from forfeited bail bonds, unclaimed bonds,
958 unclaimed moneys, or recognizances pursuant to ss. 321.05(4)(a),
959 379.2203(1), and 903.26(3)(a).
960 (e)(5) Fines and forfeitures pursuant to s. 34.191.
961 (f)(6) All other revenues received by the clerk as revenue
962 authorized by law to be retained by the clerk.
963 (2) All revenues received by the clerk in the fine and
964 forfeiture fund from court-related fees, fines, costs, and
965 service charges are considered state funds and shall be remitted
966 monthly to the Department of Revenue for deposit into the Clerks
967 of the Court Trust Fund within the Justice Administrative
968 Commission.
969 (3) Notwithstanding the provisions of this section, all
970 fines and forfeitures arising from operation of the provisions
971 of s. 318.1215 shall be disbursed in accordance with that
972 section.
973 Section 13. Subsection (4) of section 197.542, Florida
974 Statutes, is amended to read:
975 197.542 Sale at public auction.—
976 (4)(a) A clerk may conduct electronic tax deed sales in
977 lieu of public outcry. The clerk must comply with the procedures
978 provided in this chapter, except that electronic proxy bidding
979 shall be allowed and the clerk may require bidders to advance
980 sufficient funds to pay the deposit required by subsection (2).
981 The clerk shall provide access to the electronic sale by
982 computer terminals open to the public at a designated location.
983 A clerk who conducts such electronic sales may receive
984 electronic deposits and payments related to the sale. The
985 portion of an advance deposit from a winning bidder required by
986 subsection (2) shall, upon acceptance of the winning bid, be
987 subject to the fee under s. 28.24(10).
988 (b) Nothing in this subsection shall be construed to
989 restrict or limit the authority of a charter county from
990 conducting electronic tax deed sales. In a charter county where
991 the clerk of the circuit court does not conduct all electronic
992 sales, the charter county shall be permitted to receive
993 electronic deposits and payments related to sales it conducts,
994 as well as to subject the winning bidder to a fee, consistent
995 with the schedule in s. 28.24(10).
996 (c) The costs of electronic tax deed sales shall be added
997 to the charges for the costs of sale under subsection (1) and
998 paid by the certificateholder when filing an application for a
999 tax deed.
1000 Section 14. Section 213.131, Florida Statutes, is amended
1001 to read:
1002 213.131 Department of Revenue Clerks of the Court Trust
1003 Fund within the Justice Administrative Commission.—The
1004 Department of Revenue Clerks of the Court Trust Fund is created
1005 within the Justice Administrative Commission Department of
1006 Revenue. Funds received by the department from the clerks of
1007 court shall be credited to the trust fund as provided in ch.
1008 2001-122, Laws of Florida, to be used for the purposes set forth
1009 in such legislation.
1010 Section 15. Paragraph (qq) of subsection (1) of section
1011 216.011, Florida Statutes, is amended to read:
1012 216.011 Definitions.—
1013 (1) For the purpose of fiscal affairs of the state,
1014 appropriations acts, legislative budgets, and approved budgets,
1015 each of the following terms has the meaning indicated:
1016 (qq) “State agency” or “agency” means any official,
1017 officer, commission, board, authority, council, committee, or
1018 department of the executive branch of state government. For
1019 purposes of this chapter and chapter 215, “state agency” or
1020 “agency” includes, but is not limited to, state attorneys,
1021 public defenders, criminal conflict and civil regional counsel,
1022 capital collateral regional counsel, the Florida Clerks of Court
1023 Operations Corporation, the Justice Administrative Commission,
1024 the Florida Housing Finance Corporation, and the Florida Public
1025 Service Commission. Solely for the purposes of implementing s.
1026 19(h), Art. III of the State Constitution, the terms “state
1027 agency” or “agency” include the judicial branch.
1028 Section 16. Subsection (13) of section 318.18, Florida
1029 Statutes, is amended to read:
1030 318.18 Amount of penalties.—The penalties required for a
1031 noncriminal disposition pursuant to s. 318.14 or a criminal
1032 offense listed in s. 318.17 are as follows:
1033 (13)(a) In addition to any penalties imposed for
1034 noncriminal traffic infractions pursuant to this chapter or
1035 imposed for criminal violations listed in s. 318.17, a board of
1036 county commissioners or any unit of local government that which
1037 is consolidated as provided by s. 9, Art. VIII of the State
1038 Constitution of 1885, as preserved by s. 6(e), Art. VIII of the
1039 Constitution of 1968:
1040 1.(a) May impose by ordinance a surcharge of up to $30 $15
1041 for any infraction or violation to fund state court facilities.
1042 The court shall not waive this surcharge. Up to 25 percent of
1043 the revenue from such surcharge may be used to support local law
1044 libraries provided that the county or unit of local government
1045 provides a level of service equal to that provided prior to July
1046 1, 2004, which shall include the continuation of library
1047 facilities located in or near the county courthouse or any annex
1048 to the courthouse annexes.
1049 2.(b) May, if such board or unit That imposed increased
1050 fees or service charges by ordinance under s. 28.2401, s.
1051 28.241, or s. 34.041 for the purpose of securing payment of the
1052 principal and interest on bonds issued by the county before July
1053 1, 2003, to finance state court facilities, may impose by
1054 ordinance a surcharge for any infraction or violation for the
1055 exclusive purpose of securing payment of the principal and
1056 interest on bonds issued by the county before July 1, 2003, to
1057 fund state court facilities until the date of stated maturity.
1058 The court shall not waive this surcharge. Such surcharge may not
1059 exceed an amount per violation calculated as the quotient of the
1060 maximum annual payment of the principal and interest on the
1061 bonds as of July 1, 2003, divided by the number of traffic
1062 citations for county fiscal year 2002-2003 certified as paid by
1063 the clerk of the court of the county. Such quotient shall be
1064 rounded up to the next highest dollar amount. The bonds may be
1065 refunded only if savings will be realized on payments of debt
1066 service and the refunding bonds are scheduled to mature on the
1067 same date or before the bonds being refunded. Notwithstanding
1068 any of the foregoing provisions of this subparagraph paragraph
1069 that limit the use of surcharge revenues, if the revenues
1070 generated as a result of the adoption of this ordinance exceed
1071 the debt service on the bonds, the surplus revenues may be used
1072 to pay down the debt service on the bonds; fund other state
1073 court-facility construction projects as may be certified by the
1074 chief judge as necessary to address unexpected growth in
1075 caseloads, emergency requirements to accommodate public access,
1076 threats to the safety of the public, judges, staff, and
1077 litigants, or other exigent circumstances; or support local law
1078 libraries in or near the county courthouse or any annex to the
1079 courthouse annexes.
1080 3. May impose by ordinance a surcharge for any infraction
1081 or violation for the exclusive purpose of securing payment of
1082 the principal and interest on bonds issued by the county on or
1083 after July 1, 2009, to fund state court facilities until the
1084 stated date of maturity. The court may not waive this surcharge.
1085 The surcharge may not exceed an amount per violation calculated
1086 as the quotient of the maximum annual payment of the principal
1087 and interest on the bonds, divided by the number of traffic
1088 citations certified as paid by the clerk of the court of the
1089 county on August 15 of each year. The quotient shall be rounded
1090 up to the next highest dollar amount. The bonds may be refunded
1091 if savings are realized on payments of debt service and the
1092 refunding bonds are scheduled to mature on or before the
1093 maturity date of the bonds being refunded. If the revenues
1094 generated as a result of the adoption of the ordinance exceed
1095 the debt service on the bonds, the surplus revenues may be used
1096 to pay the debt service on the bonds; to fund other state court
1097 facility construction projects certified by the chief judge as
1098 necessary to address unexpected growth in caseloads, emergency
1099 requirements to accommodate public access, threats to the safety
1100 of the public, judges, staff, and litigants, or other exigent
1101 circumstances; or to support local law libraries in or near the
1102 county courthouse or any annex to the courthouse.
1103 (b) A county may not impose both of the surcharges
1104 authorized under subparagraphs (a)1., 2., and 3. paragraphs (a)
1105 and (b) concurrently. The clerk of court shall report, no later
1106 than 30 days after the end of the quarter, the amount of funds
1107 collected under this subsection during each quarter of the
1108 fiscal year. The clerk shall submit the report, in a format
1109 developed by the Office of State Courts Administrator, to the
1110 chief judge of the circuit, the Governor, the President of the
1111 Senate, and the Speaker of the House of Representatives, and the
1112 board of county commissioners.
1113 Section 17. Each clerk of court shall provide financial
1114 data concerning his or her expenditures for court-related
1115 duties, including expenditures for court-related information
1116 technology, to the Executive Office of the Governor for the
1117 purposes contained in SB 1796 or similar legislation.
1118 Section 18. (1) By January 15, 2010, the Office of Program
1119 Policy Analysis and Government Accountability, in consultation
1120 with the Chief Financial Officer and the Auditor General, shall
1121 provide a report to the President of the Senate and the Speaker
1122 of the House of Representatives regarding the operation and
1123 functions of the clerks of court and the courts. The Office of
1124 Program Policy Analysis and Government Accountability shall
1125 examine who is performing each court-related function, how each
1126 function is funded, and how efficiently these functions are
1127 performed. The clerks of court, the Florida Clerks of Court
1128 Operations Corporation, and the state courts system are directed
1129 to cooperate fully with the office and, upon request, provide
1130 any and all information necessary to the review without cost or
1131 delay. The report shall describe in detail the base budget for
1132 each of the clerks and for the state courts system and report on
1133 the overall efficiency of the current process. Administrative
1134 overhead shall be calculated separately, and any apparent means
1135 to reduce such overhead shall be explored and included in the
1136 report. The study shall list each court-related function, a
1137 recommendation on who should perform the function, and a
1138 recommendation for how to pay for such function.
1139 (2) The Technology Review Workgroup shall develop a
1140 proposed plan for identifying and recommending options for
1141 implementing the integrated computer system established in s.
1142 29.008(1)(f)2., Florida Statutes. The plan shall describe the
1143 approaches and processes for evaluating the existing computer
1144 systems and data-sharing networks of the state courts system and
1145 the clerks of the court; identifying the required business and
1146 technical requirements; reliably estimating the cost, work, and
1147 change requirements; and examining the use of the funds
1148 collected under s. 28.24(12)(e), Florida Statutes. The plan may
1149 also address any necessary policy, operational, fiscal, or
1150 technical changes, including, but not limited to, potential
1151 changes to the distribution and use of funds collected under s.
1152 28.24(12)(e), Florida Statutes, that may be needed in order to
1153 manage, implement, and operate an integrated computer system.
1154 The plan shall be submitted to the President of the Senate and
1155 the Speaker of the House of Representatives no later than
1156 February 1, 2010. The clerks of court, the Florida Clerks of
1157 Court Operations Corporation, and the state courts system are
1158 directed to cooperate fully with the workgroup and provide any
1159 and all information necessary for the completion of the project
1160 without cost or delay upon request. The workgroup shall work in
1161 conjunction with the Auditor General and consider the results of
1162 the plans, studies, and reports of the Office of Program Policy
1163 Analysis and Government Accountability under subsection (1).
1164 Until July 1, 2011, a clerk may not purchase any new software
1165 unless a clerk is already obligated by a contract for new
1166 software entered into before May 1, 2009. A clerk may purchase
1167 regular and necessary upgrades to existing software if otherwise
1168 budgeted. Until July 1, 2011, a clerk may not purchase any
1169 computer hardware unless a clerk is already obligated by a
1170 contract for new hardware entered into before May 1, 2009.
1171 However, a clerk may purchase hardware necessary to replace
1172 broken equipment or necessary to equip new staff and only if
1173 otherwise budgeted. A clerk may apply to the Florida Clerks of
1174 Court Operations Corporation for a limited and specific
1175 exception to these purchasing limits. The corporation shall
1176 report all such exceptions to the President of the Senate and
1177 the Speaker of the House of Representatives.
1178 Section 19. The Clerks of the Court Trust Fund within the
1179 Department of Revenue, FLAIR number 73-2-588, is transferred
1180 along with all balances and obligations to the Justice
1181 Administrative Commission.
1182 Section 20. The Legislature finds and declares that this
1183 act fulfills an important state interest.
1184 Section 21. Sections 25.311, 25.321, 25.331, 25.361, and
1185 25.381, Florida Statutes, are repealed.
1186 Section 22. This act shall take effect upon becoming a law.