| 1 | A bill to be entitled |
| 2 | An act relating to trust funds; amending ss. 25.241 and |
| 3 | 35.22, F.S.; providing for deposit of specified fees into |
| 4 | the State Courts Revenue Trust Fund rather than the state |
| 5 | court's Operating Trust Fund; amending s. 832.08, F.S.; |
| 6 | providing for deposit of bad check diversion program fees |
| 7 | into the State Attorneys Revenue Trust Fund; amending s. |
| 8 | 938.27, F.S.; providing for deposit of certain court costs |
| 9 | after criminal convictions into the State Attorneys |
| 10 | Revenue Trust Fund rather than the state attorney's grants |
| 11 | and donations trust fund; transferring certain unexpended |
| 12 | balances in trust funds to conform to changes made by this |
| 13 | act; providing an effective date. |
| 14 |
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| 15 | Be It Enacted by the Legislature of the State of Florida: |
| 16 |
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| 17 | Section 1. Subsection (5) of section 25.241, Florida |
| 18 | Statutes, is amended to read: |
| 19 | 25.241 Clerk of Supreme Court; compensation; assistants; |
| 20 | filing fees, etc.- |
| 21 | (5) The Clerk of the Supreme Court is hereby required to |
| 22 | prepare a statement of all fees collected each month and remit |
| 23 | such statement, together with all fees collected by him or her, |
| 24 | to the Chief Financial Officer. The Chief Financial Officer |
| 25 | shall deposit $250 of each $300 filing fee and all other fees |
| 26 | collected into the General Revenue Fund. The Chief Financial |
| 27 | Officer shall deposit $50 of each filing fee collected into the |
| 28 | State Courts Revenue court's Operating Trust Fund to fund court |
| 29 | improvement projects as authorized in the General Appropriations |
| 30 | Act. |
| 31 | Section 2. Subsection (6) of section 35.22, Florida |
| 32 | Statutes, is amended to read: |
| 33 | 35.22 Clerk of district court; appointment; compensation; |
| 34 | assistants; filing fees; teleconferencing.- |
| 35 | (6) The clerk of each district court of appeal is required |
| 36 | to deposit all fees collected in the State Treasury to the |
| 37 | credit of the General Revenue Fund, except that $50 of each $300 |
| 38 | filing fee collected shall be deposited into the State Courts |
| 39 | Revenue court's Operating Trust Fund to fund court improvement |
| 40 | projects as authorized in the General Appropriations Act. The |
| 41 | clerk shall retain an accounting of each such remittance. |
| 42 | Section 3. Subsection (5) of section 832.08, Florida |
| 43 | Statutes, is amended to read: |
| 44 | 832.08 State attorney bad check diversion program; fees |
| 45 | for collections.- |
| 46 | (5) To fund the diversion program, the state attorney may |
| 47 | collect a fee on each check that is collected through the state |
| 48 | attorney's office, whether it is collected through prosecution |
| 49 | or through the diversion program. Funds collected under this |
| 50 | subsection shall be deposited in the State Attorneys Revenue |
| 51 | Trust Fund. However, the state attorney may not collect such a |
| 52 | fee on any check collected through a diversion program which was |
| 53 | in existence in another office prior to October 1, 1986. A fee |
| 54 | may be collected by an office operating such a preexisting |
| 55 | diversion program for the purpose of funding such program. The |
| 56 | amount of the fee for each check shall not exceed: |
| 57 | (a) Twenty-five dollars, if the face value does not exceed |
| 58 | $50. |
| 59 | (b) Thirty dollars, if the face value is more than $50 but |
| 60 | does not exceed $300. |
| 61 | (c) Forty dollars, if the face value is more than $300. |
| 62 | Section 4. Subsection (8) of section 938.27, Florida |
| 63 | Statutes, is amended to read: |
| 64 | 938.27 Judgment for costs on conviction.- |
| 65 | (8) Costs for the state attorney shall be set in all cases |
| 66 | at no less than $50 per case when a misdemeanor or criminal |
| 67 | traffic offense is charged and no less than $100 per case when a |
| 68 | felony offense is charged, including a proceeding in which the |
| 69 | underlying offense is a violation of probation or community |
| 70 | control. The court may set a higher amount upon a showing of |
| 71 | sufficient proof of higher costs incurred. Costs recovered on |
| 72 | behalf of the state attorney under this section shall be |
| 73 | deposited into the State Attorneys Revenue attorney's grants and |
| 74 | donations Trust Fund to be used during the fiscal year in which |
| 75 | the funds are collected, or in any subsequent fiscal year, for |
| 76 | actual expenses incurred in investigating and prosecuting |
| 77 | criminal cases, which may include the salaries of permanent |
| 78 | employees, or for any other purpose authorized by the |
| 79 | Legislature. |
| 80 | Section 5. The amount of unexpended balances in the state |
| 81 | court's Operating Trust Fund attributable to collections made |
| 82 | pursuant to ss. 25.241 and 35.22, Florida Statutes, prior to |
| 83 | amendment by this act shall be transferred to the State Courts |
| 84 | Revenue Trust Fund, FLAIR number 22-2-057. |
| 85 | Section 6. The amount of unexpended balances in the state |
| 86 | attorney's grants and donations trust fund attributable to |
| 87 | collections made pursuant to ss. 832.08 and 938.27, Florida |
| 88 | Statutes, prior to amendment by this act shall be transferred to |
| 89 | the State Attorneys Revenue Trust Fund, FLAIR number 21-2-058. |
| 90 | Section 7. This act shall take effect July 1, 2010. |