Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SPB 7052
       
       
       
       
       
       
                                Barcode 867872                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/02/2013           .                                
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       The Committee on Appropriations (Bradley) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5  Section 1. The Clerks of the Court Trust Fund within the Justice
    6  Administrative Commission, FLAIR number 21-2-588, is transferred
    7  together with all balances in the fund to the Department of
    8  Revenue.
    9         Section 2. Subsection (6) of section 11.90, Florida
   10  Statutes, is amended to read:
   11         11.90 Legislative Budget Commission.—
   12         (6) The commission shall have the power and duty to:
   13         (a) Review and approve or disapprove budget amendments
   14  recommended by the Governor or the Chief Justice of the Supreme
   15  Court as provided in chapter 216.
   16         (b) Develop the long-range financial outlook described in
   17  s. 19, Art. III of the State Constitution.
   18         (c) Review and approve, disapprove, or amend and approve
   19  the total combined budgets of the clerks of the court or the
   20  budget of any individual clerk of the court for court-related
   21  functions.
   22         (d)In addition to the powers and duties specified in this
   23  subsection, the commission shall Exercise all other powers and
   24  perform any other duties prescribed by the Legislature.
   25         Section 3. Paragraph (a) of subsection (1) of section
   26  28.241, Florida Statutes, is amended to read:
   27         28.241 Filing fees for trial and appellate proceedings.—
   28         (1) Filing fees are due at the time a party files a
   29  pleading to initiate a proceeding or files a pleading for
   30  relief. Reopen fees are due at the time a party files a pleading
   31  to reopen a proceeding if at least 90 days have elapsed since
   32  the filing of a final order or final judgment with the clerk. If
   33  a fee is not paid upon the filing of the pleading as required
   34  under this section, the clerk shall pursue collection of the fee
   35  pursuant to s. 28.246.
   36         (a)1.a. Except as provided in sub-subparagraph b. and
   37  subparagraph 2., the party instituting any civil action, suit,
   38  or proceeding in the circuit court shall pay to the clerk of
   39  that court a filing fee of up to $395 in all cases in which
   40  there are not more than five defendants and an additional filing
   41  fee of up to $2.50 for each defendant in excess of five. Of the
   42  first $280 in filing fees, $75 $80 must be remitted by the clerk
   43  to the Department of Revenue for deposit into the General
   44  Revenue Fund, $5 must be remitted by the clerk to the Department
   45  of Revenue for deposit into the Clerks of Court Trust Fund, $195
   46  must be remitted to the Department of Revenue for deposit into
   47  the State Courts Revenue Trust Fund, $4 $3.50 must be remitted
   48  to the Department of Revenue for deposit into the Clerks of the
   49  Court Trust Fund within the Justice Administrative Commission
   50  and used to fund the Florida Clerks of Court Operations
   51  Corporation created in s. 28.35, and $1 $1.50 must be remitted
   52  to the Department of Revenue for deposit into the Administrative
   53  Trust Fund within the Department of Financial Services to fund
   54  audits of individual clerks’ court-related expenditures clerk
   55  budget reviews conducted by the Department of Financial
   56  Services. By the 10th of each month, the clerk shall submit that
   57  portion of the filing fees collected in the previous month which
   58  is in excess of one-twelfth of the clerk’s total budget One
   59  third of any filing fees collected by the clerk of the circuit
   60  court in excess of $100 must be remitted to the Department of
   61  Revenue for deposit into the Clerks of the Court Trust Fund
   62  within the Justice Administrative Commission.
   63         b. The party instituting any civil action, suit, or
   64  proceeding in the circuit court under chapter 39, chapter 61,
   65  chapter 741, chapter 742, chapter 747, chapter 752, or chapter
   66  753 shall pay to the clerk of that court a filing fee of up to
   67  $295 in all cases in which there are not more than five
   68  defendants and an additional filing fee of up to $2.50 for each
   69  defendant in excess of five. Of the first $180 in filing fees,
   70  $75 $80 must be remitted by the clerk to the Department of
   71  Revenue for deposit into the General Revenue Fund, $5 must be
   72  remitted by the clerk to the Department of Revenue for deposit
   73  into the Clerks of Court Trust Fund, $95 must be remitted to the
   74  Department of Revenue for deposit into the State Courts Revenue
   75  Trust Fund, $4 $3.50 must be remitted to the Department of
   76  Revenue for deposit into the Clerks of the Court Trust Fund
   77  within the Justice Administrative Commission and used to fund
   78  the Florida Clerks of Court Operations Corporation created in s.
   79  28.35, and $1 $1.50 must be remitted to the Department of
   80  Revenue for deposit into the Administrative Trust Fund within
   81  the Department of Financial Services to fund audits of
   82  individual clerks’ court-related expenditures clerk budget
   83  reviews conducted by the Department of Financial Services.
   84         c. An additional filing fee of $4 shall be paid to the
   85  clerk. The clerk shall remit $3.50 to the Department of Revenue
   86  for deposit into the Court Education Trust Fund and shall remit
   87  50 cents to the Department of Revenue for deposit into the
   88  Clerks of the Court Trust Fund within the Justice Administrative
   89  Commission to fund clerk education provided by the Florida
   90  Clerks of Court Operations Corporation. An additional filing fee
   91  of up to $18 shall be paid by the party seeking each severance
   92  that is granted. The clerk may impose an additional filing fee
   93  of up to $85 for all proceedings of garnishment, attachment,
   94  replevin, and distress. Postal charges incurred by the clerk of
   95  the circuit court in making service by certified or registered
   96  mail on defendants or other parties shall be paid by the party
   97  at whose instance service is made. Additional fees, charges, or
   98  costs may not be added to the filing fees imposed under this
   99  section, except as authorized in this section or by general law.
  100         2.a. Notwithstanding the fees prescribed in subparagraph
  101  1., a party instituting a civil action in circuit court relating
  102  to real property or mortgage foreclosure shall pay a graduated
  103  filing fee based on the value of the claim.
  104         b. A party shall estimate in writing the amount in
  105  controversy of the claim upon filing the action. For purposes of
  106  this subparagraph, the value of a mortgage foreclosure action is
  107  based upon the principal due on the note secured by the
  108  mortgage, plus interest owed on the note and any moneys advanced
  109  by the lender for property taxes, insurance, and other advances
  110  secured by the mortgage, at the time of filing the foreclosure.
  111  The value shall also include the value of any tax certificates
  112  related to the property. In stating the value of a mortgage
  113  foreclosure claim, a party shall declare in writing the total
  114  value of the claim, as well as the individual elements of the
  115  value as prescribed in this sub-subparagraph.
  116         c. In its order providing for the final disposition of the
  117  matter, the court shall identify the actual value of the claim.
  118  The clerk shall adjust the filing fee if there is a difference
  119  between the estimated amount in controversy and the actual value
  120  of the claim and collect any additional filing fee owed or
  121  provide a refund of excess filing fee paid.
  122         d. The party shall pay a filing fee of:
  123         (I) Three hundred and ninety-five dollars in all cases in
  124  which the value of the claim is $50,000 or less and in which
  125  there are not more than five defendants. The party shall pay an
  126  additional filing fee of up to $2.50 for each defendant in
  127  excess of five. Of the first $280 in filing fees, $270 $275 must
  128  be remitted by the clerk to the Department of Revenue for
  129  deposit into the General Revenue Fund, $5 must be remitted by
  130  the clerk to the Department of Revenue for deposit into the
  131  Clerks of Court Trust Fund, $4 $3.50 must be remitted to the
  132  Department of Revenue for deposit into the Clerks of the Court
  133  Trust Fund within the Justice Administrative Commission and used
  134  to fund the Florida Clerks of Court Operations Corporation
  135  created in s. 28.35, and $1 $1.50 must be remitted to the
  136  Department of Revenue for deposit into the Administrative Trust
  137  Fund within the Department of Financial Services to fund audits
  138  of individual clerks’ court-related expenditures clerk budget
  139  reviews conducted by the Department of Financial Services;
  140         (II) Nine hundred dollars in all cases in which the value
  141  of the claim is more than $50,000 but less than $250,000 and in
  142  which there are not more than five defendants. The party shall
  143  pay an additional filing fee of up to $2.50 for each defendant
  144  in excess of five. Of the first $785 in filing fees, $775 $780
  145  must be remitted by the clerk to the Department of Revenue for
  146  deposit into the General Revenue Fund, $5 must be remitted by
  147  the clerk to the Department of Revenue for deposit into the
  148  Clerks of Court Trust Fund, $4 $3.50 must be remitted to the
  149  Department of Revenue for deposit into the Clerks of the Court
  150  Trust Fund within the Justice Administrative Commission and used
  151  to fund the Florida Clerks of Court Operations Corporation
  152  described in s. 28.35, and $1 $1.50 must be remitted to the
  153  Department of Revenue for deposit into the Administrative Trust
  154  Fund within the Department of Financial Services to fund audits
  155  of individual clerks’ court-related expenditures clerk budget
  156  reviews conducted by the Department of Financial Services; or
  157         (III) One thousand nine hundred dollars in all cases in
  158  which the value of the claim is $250,000 or more and in which
  159  there are not more than five defendants. The party shall pay an
  160  additional filing fee of up to $2.50 for each defendant in
  161  excess of five. Of the first $1,785 in filing fees, $1,005
  162  $1,010 must be remitted by the clerk to the Department of
  163  Revenue for deposit into the General Revenue Fund, $5 must be
  164  remitted by the clerk to the Department of Revenue for deposit
  165  into the Clerks of Court Trust Fund, $770 must be remitted to
  166  the Department of Revenue for deposit into the State Courts
  167  Revenue Trust Fund, $4 $3.50 must be remitted to the Department
  168  of Revenue for deposit into the Clerks of the Court Trust Fund
  169  within the Justice Administrative Commission to fund the Florida
  170  Clerks of Court Operations Corporation created in s. 28.35, and
  171  $1 $1.50 must be remitted to the Department of Revenue for
  172  deposit into the Administrative Trust Fund within the Department
  173  of Financial Services to fund audits of individual clerks’
  174  court-related expenditures clerk budget reviews conducted by the
  175  Department of Financial Services.
  176         e. An additional filing fee of $4 shall be paid to the
  177  clerk. The clerk shall remit $3.50 to the Department of Revenue
  178  for deposit into the Court Education Trust Fund and shall remit
  179  50 cents to the Department of Revenue for deposit into the
  180  Clerks of the Court Trust Fund within the Justice Administrative
  181  Commission to fund clerk education provided by the Florida
  182  Clerks of Court Operations Corporation. An additional filing fee
  183  of up to $18 shall be paid by the party seeking each severance
  184  that is granted. The clerk may impose an additional filing fee
  185  of up to $85 for all proceedings of garnishment, attachment,
  186  replevin, and distress. Postal charges incurred by the clerk of
  187  the circuit court in making service by certified or registered
  188  mail on defendants or other parties shall be paid by the party
  189  at whose instance service is made. Additional fees, charges, or
  190  costs may not be added to the filing fees imposed under this
  191  section, except as authorized in this section or by general law.
  192         Section 4. Effective upon this act becoming a law, section
  193  28.2455, Florida Statutes, is repealed.
  194         Section 5. Paragraph (b) of subsection (5) of section
  195  28.246, Florida Statutes, is amended to read:
  196         28.246 Payment of court-related fines or other monetary
  197  penalties, fees, charges, and costs; partial payments;
  198  distribution of funds.—
  199         (5) When receiving partial payment of fees, service
  200  charges, court costs, and fines, clerks shall distribute funds
  201  according to the following order of priority:
  202         (b) That portion of fees, service charges, court costs, and
  203  fines required to be retained by the clerk of the court or
  204  deposited into the Clerks of the Court Trust Fund within the
  205  Department of Revenue Justice Administrative Commission.
  206  
  207  To offset processing costs, clerks may impose either a per-month
  208  service charge pursuant to s. 28.24(26)(b) or a one-time
  209  administrative processing service charge at the inception of the
  210  payment plan pursuant to s. 28.24(26)(c).
  211         Section 6. Section 28.35, Florida Statutes, is amended to
  212  read:
  213         28.35 Florida Clerks of Court Operations Corporation.—
  214         (1)(a) The Florida Clerks of Court Operations Corporation
  215  is created as a public corporation organized to perform the
  216  functions specified in this section and s. 28.36 and shall be
  217  administratively housed within the Justice Administrative
  218  Commission. The corporation shall be a budget entity within the
  219  Justice Administrative Commission, and its employees shall be
  220  considered state employees. The corporation is not subject to
  221  control, supervision, or direction by the Justice Administrative
  222  Commission in the performance of its duties, but the employees
  223  of the corporation shall be governed by the classification plan
  224  and salary and benefits plan of the Justice Administrative
  225  Commission. The classification plan must have a separate chapter
  226  for the corporation. All clerks of the circuit court shall be
  227  members of the corporation and hold their position and authority
  228  in an ex officio capacity. The functions assigned to the
  229  corporation shall be performed by an executive council pursuant
  230  to the plan of operation approved by the members.
  231         (b) The executive council shall be composed of eight clerks
  232  of the court elected by the clerks of the courts for a term of 2
  233  years, with two clerks from counties with a population of fewer
  234  than 100,000, two clerks from counties with a population of at
  235  least 100,000 but fewer than 500,000, two clerks from counties
  236  with a population of at least 500,000 but fewer than 1 million,
  237  and two clerks from counties with a population of more than 1
  238  million. The executive council shall also include, as ex officio
  239  members, a designee of the President of the Senate and a
  240  designee of the Speaker of the House of Representatives. The
  241  Chief Justice of the Supreme Court shall designate one
  242  additional member to represent the state courts system.
  243         (c) The corporation shall be considered a political
  244  subdivision of the state and shall be exempt from the corporate
  245  income tax. The corporation is not subject to the provisions of
  246  chapter 120.
  247         (d) The functions assigned to the corporation under this
  248  section and ss. 28.36 and 28.37 are considered to be for a valid
  249  public purpose.
  250         (2) The duties of the corporation shall include the
  251  following:
  252         (a) Adopting a plan of operation.
  253         (b) Conducting the election of an executive council
  254  directors as required in paragraph (1)(b) (1)(a).
  255         (c) Recommending to the Legislature changes in the amounts
  256  of the various court-related fines, fees, service charges, and
  257  court costs established by law to ensure reasonable and adequate
  258  funding of the clerks of the court in the performance of their
  259  court-related functions.
  260         (d) Developing and certifying a uniform system of workload
  261  performance measures and applicable workload performance
  262  standards for the functions specified in paragraph (3)(a) and
  263  the service unit costs required in s. 28.36 and measures for
  264  clerk workload performance in meeting the workload performance
  265  standards. These workload measures and workload performance
  266  standards shall be designed to facilitate an objective
  267  determination of the performance of each clerk in accordance
  268  with minimum standards for fiscal management, operational
  269  efficiency, and effective collection of fines, fees, service
  270  charges, and court costs. The corporation shall develop the
  271  workload performance measures and workload performance standards
  272  in consultation with the Legislature and the Supreme Court. The
  273  Legislature may modify the clerk performance measures and
  274  performance standards in legislation implementing the General
  275  Appropriations Act or other law. When the corporation finds a
  276  clerk has not met the workload performance standards, the
  277  corporation shall identify the nature of each deficiency and any
  278  corrective action recommended and taken by the affected clerk of
  279  the court. The corporation shall notify the Legislature and the
  280  Supreme Court of any clerk not meeting workload performance
  281  standards and provide a copy of any corrective action plans. As
  282  used in this subsection, the term:
  283         1. “Workload measures” means the measurement of the
  284  activities and frequency of the work required for the clerk to
  285  adequately perform the court-related duties of the office as
  286  defined by the Florida Clerks of Court Operations Corporation.
  287         2. “Workload performance standards” means the standards
  288  developed to measure the timeliness and effectiveness of the
  289  activities that are accomplished by the clerk in the performance
  290  of the court-related duties of the office as defined by the
  291  Florida Clerks of Court Operations Corporation.
  292         (e) Entering into a contract with the Department of
  293  Financial Services for the department to audit the court-related
  294  expenditures of individual clerks.
  295         (f)(e) Reviewing, certifying, and recommending proposed
  296  budgets submitted by clerks of the court pursuant to s. 28.36.
  297  As part of this process, the corporation shall:
  298         1. Calculate the minimum amount of revenue necessary for
  299  each clerk of the court to efficiently perform the list of
  300  court-related functions specified in paragraph (3)(a). The
  301  corporation shall apply the workload measures appropriate for
  302  determining the individual level of review required to fund the
  303  clerk’s budget.
  304         2. Prepare a cost comparison of similarly situated clerks
  305  of the court, based on county population and numbers of filings,
  306  using the standard list of court-related functions specified in
  307  paragraph (3)(a).
  308         3. Conduct an annual base budget review and an annual
  309  budget exercise examining the total budget of each clerk of the
  310  court. The review shall examine revenues from all sources,
  311  expenses of court-related functions, and expenses of noncourt
  312  related functions as necessary to determine that court-related
  313  revenues are not being used for noncourt-related purposes. The
  314  review and exercise shall identify potential targeted budget
  315  reductions in the percentage amount provided in Schedule VIII-B
  316  of the state’s legislative budget instructions from the previous
  317  year, as referenced in s. 216.023(3), or an equivalent schedule
  318  or instruction as may be adopted by the Legislature.
  319         4. Identify those proposed budgets containing funding for
  320  items not included on the standard list of court-related
  321  functions specified in paragraph (3)(a).
  322         5. Identify those clerks projected to have court-related
  323  revenues insufficient to fund their anticipated court-related
  324  expenditures.
  325         6. Use revenue estimates based on the official estimate for
  326  funds accruing to the Clerks of the Court Trust Fund made by the
  327  Revenue Estimating Conference.
  328         (g)(f) Developing and conducting clerk education programs.
  329         (g) Publishing a uniform schedule of actual fees, service
  330  charges, and costs charged by a clerk of the court pursuant to
  331  general law.
  332         (h) Beginning August 1, 2017, and each August 1 thereafter,
  333  submitting to the Legislative Budget Commission, as provided in
  334  s. 11.90, the information described in paragraph (f), as well as
  335  the authorized budgets for each clerk of the court. Before
  336  October 1 of each year beginning in 2017, the Legislative Budget
  337  Commission shall consider the submitted budgets and shall
  338  approve, disapprove, or amend and approve the total of the
  339  clerks’ combined budgets or any individual clerk’s budget. If
  340  the Legislative Budget Commission fails to approve or amend and
  341  approve the clerks’ combined budgets before October 1, the clerk
  342  shall continue to perform the court-related functions based upon
  343  the clerk’s authorized budget for the previous county fiscal
  344  year.
  345         (3)(a) The list of court-related functions that clerks may
  346  fund from filing fees, service charges, costs, and fines is
  347  perform are limited to those functions expressly authorized by
  348  law or court rule. Those functions include the following: case
  349  maintenance; records management; court preparation and
  350  attendance; processing the assignment, reopening, and
  351  reassignment of cases; processing of appeals; collection and
  352  distribution of fines, fees, service charges, and court costs;
  353  processing of bond forfeiture payments; payment of jurors and
  354  witnesses; payment of expenses for meals or lodging provided to
  355  jurors; data collection and reporting; processing of jurors;
  356  determinations of indigent status; and paying reasonable
  357  administrative support costs to enable the clerk of the court to
  358  carry out these court-related functions.
  359         (b) The list of court-related functions that clerks may not
  360  fund from filing fees, service charges, costs, and fines
  361  includes state appropriations include:
  362         1. Those functions not specified within paragraph (a).
  363         2. Functions assigned by administrative orders which are
  364  not required for the clerk to perform the functions in paragraph
  365  (a).
  366         3. Enhanced levels of service which are not required for
  367  the clerk to perform the functions in paragraph (a).
  368         4. Functions identified as local requirements in law or
  369  local optional programs.
  370         (4) The corporation shall prepare a legislative budget
  371  request for the resources necessary to perform its duties,
  372  submit the request pursuant to chapter 216, and be funded as a
  373  budget entity in the General Appropriations Act. The corporation
  374  may hire staff and pay other expenses from state appropriations
  375  as necessary to perform the official duties and responsibilities
  376  of the corporation as described by law.
  377         (5) Certified public accountants conducting audits of
  378  counties pursuant to s. 218.39 shall report, as part of the
  379  audit, whether or not the clerks of the courts have complied
  380  with the requirements of this section and s. 28.36. In addition,
  381  each clerk of court shall forward a copy of the portion of the
  382  financial audit relating to the court-related duties of the
  383  clerk of court to the Florida Clerks of Court Operations
  384  Corporation Supreme Court. The Auditor General shall develop a
  385  compliance supplement for the audit of compliance with the
  386  budgets and applicable workload performance standards certified
  387  by the corporation.
  388         Section 7. Section 28.36, Florida Statutes, is amended to
  389  read:
  390         28.36 Budget procedure.—There is established a budget
  391  procedure for preparing budget requests for funding for the
  392  court-related functions of the clerks of the court.
  393         (1) Only those functions listed in s. 28.35(3)(a) may be
  394  funded from fees, service charges, costs, and fines retained by
  395  the clerks of the court Each clerk of court shall prepare a
  396  budget request for the last quarter of the county fiscal year
  397  and the first three quarters of the next county fiscal year. The
  398  proposed budget shall be prepared, summarized, and submitted by
  399  the clerk in each county to the Florida Clerks of Court
  400  Operations Corporation in the manner and form prescribed by the
  401  corporation to meet the requirements of law. Each clerk shall
  402  forward a copy of his or her budget request to the Supreme
  403  Court. The budget requests must be provided to the corporation
  404  by October 1 of each year.
  405         (2) Each clerk shall include in his or her budget request a
  406  projection of the amount of court-related fees, service charges,
  407  and any other court-related clerk fees which will be collected
  408  during the proposed budget period. If the corporation determines
  409  that the proposed budget is limited to the standard list of
  410  court-related functions in s. 28.35(3)(a) and the projected
  411  court-related revenues are less than the proposed budget, the
  412  clerk shall increase all fees, service charges, and any other
  413  court-related clerk fees and charges to the maximum amounts
  414  specified by law or the amount necessary to resolve the deficit,
  415  whichever is less.
  416         (2)(3) Each proposed budget shall further conform to the
  417  following requirements clerk shall include in his or her budget
  418  request the number of personnel and the proposed budget for each
  419  of the following core services:
  420         (a) On or before June 1 of each year beginning in 2017, the
  421  proposed budget shall be prepared, summarized, and submitted by
  422  the clerk in each county to the Florida Clerks of Court
  423  Operations Corporation in the manner and form prescribed by the
  424  corporation. The proposed budget must provide detailed
  425  information on the anticipated revenues available and
  426  expenditures necessary for the performance of the court-related
  427  functions listed in s. 28.35(3)(a) of the clerk’s office for the
  428  county fiscal year beginning October 1.
  429         (b) The proposed budget must be balanced such that the
  430  total of the estimated revenues available equals or exceeds the
  431  total of the anticipated expenditures. Such revenues include
  432  revenue projected to be received from fees, services charges,
  433  costs, and fines for court-related functions during the fiscal
  434  period covered by the budget. The anticipated expenditures must
  435  be itemized as required by the corporation.
  436         (a) Circuit criminal.
  437         (b) County criminal.
  438         (c) Juvenile delinquency.
  439         (d) Criminal traffic.
  440         (e) Circuit civil.
  441         (f) County civil.
  442         (g) Civil traffic.
  443         (h) Probate.
  444         (i) Family.
  445         (j) Juvenile dependency.
  446  
  447  Central administrative costs shall be allocated among the core
  448  services categories.
  449         (3) If a clerk of the court estimates that available funds
  450  plus projected revenues from fines, fees, service charges, and
  451  costs for court-related services are insufficient to meet the
  452  anticipated expenditures for the standard list of court-related
  453  functions in s. 28.35(3)(a) performed by his or her office, the
  454  clerk must report the revenue deficit to the corporation in the
  455  manner and form prescribed by the corporation. The corporation
  456  shall verify that the proposed budget is limited to the standard
  457  list of court-related functions in s. 28.35(3)(a). If the
  458  corporation verifies that a revenue deficit is projected, the
  459  corporation shall certify a revenue deficit and notify the
  460  Department of Revenue that the clerk is authorized to retain
  461  revenues, in an amount necessary to fully fund the projected
  462  revenue deficit, which he or she would otherwise be required to
  463  remit to the Department of Revenue for deposit into the
  464  department’s Clerks of the Court Trust Fund pursuant to s.
  465  28.37. If a revenue deficit is projected for that clerk after
  466  retaining all of the projected collections from the court
  467  related fines, fees, service charges, and costs, the corporation
  468  shall certify the amount of the revenue deficit to the Executive
  469  Office of the Governor and request release authority for funds
  470  from the department’s Clerks of the Court Trust Fund.
  471  Notwithstanding s. 216.192 relating to the release of funds, the
  472  Executive Office of the Governor may approve the release of
  473  funds in accordance with the notice, review, and objection
  474  procedures set forth in s. 216.177 and shall provide notice to
  475  the Chief Financial Officer. The Department of Revenue shall
  476  request monthly distributions from the Chief Financial Officer
  477  in equal amounts to each clerk certified to have a revenue
  478  deficit, in accordance with the releases approved by the
  479  Governor.
  480         (4) The Legislative Budget Commission may approve increases
  481  to the previously authorized budgets approved for individual
  482  clerks of the court pursuant to section 28.35 for court-related
  483  functions, if:
  484         (a) The additional budget authority is necessary to pay the
  485  cost of performing new or additional functions required by
  486  changes in law or court rule; or
  487         (b) The additional budget authority is necessary to pay the
  488  cost of supporting increases in the number of judges or
  489  magistrates authorized by the Legislature.
  490         (4) The budget request must identify the service units to
  491  be provided within each core service. The service units shall be
  492  developed by the corporation, in consultation with the Supreme
  493  Court, the Chief Financial Officer, and the appropriations
  494  committees of the Senate and the House of Representatives.
  495         (5) The budget request must propose a unit cost for each
  496  service unit. The corporation shall provide a copy of each
  497  clerk’s budget request to the Supreme Court.
  498         (6) The corporation shall review each individual clerk’s
  499  prior-year expenditures, projected revenue, proposed unit costs,
  500  and the proposed budget for each of the core-services
  501  categories. The corporation shall compare each clerk’s prior
  502  year expenditures and unit costs for core services with a peer
  503  group of clerks’ offices having a population of a similar size
  504  and a similar number of case filings. If the corporation finds
  505  that the expenditures, unit costs, or proposed budget of a clerk
  506  is significantly higher than those of clerks in that clerk’s
  507  peer group, the corporation shall require the clerk to submit
  508  documentation justifying the difference in each core-services
  509  category. Justification for higher expenditures may include, but
  510  is not limited to, collective bargaining agreements, county
  511  civil service agreements, and the number and distribution of
  512  courthouses served by the clerk. If the expenditures and unit
  513  costs are not justified, the corporation shall recommend a
  514  reduction in the funding for that core-services category in the
  515  budget request to an amount similar to the peer group of clerks
  516  or to an amount that the corporation determines is justified.
  517         (7) The corporation shall complete its review and
  518  adjustments to the clerks’ budget requests and make its
  519  recommendations to the Legislature and the Supreme Court by
  520  December 1 each year.
  521         (8) The Chief Financial Officer shall review the proposed
  522  unit costs associated with each clerk of court’s budget request
  523  and make recommendations to the Legislature. The Chief Financial
  524  Officer may conduct any audit of the corporation or a clerk of
  525  court as authorized by law. The Chief Justice of the Supreme
  526  Court may request an audit of the corporation or any clerk of
  527  court by the Chief Financial Officer.
  528         (9) The Legislature shall appropriate the total amount for
  529  the budgets of the clerks in the General Appropriations Act. The
  530  Legislature may reject or modify any or all of the unit costs
  531  recommended by the corporation. If the Legislature does not
  532  specify the unit costs in the General Appropriations Act or
  533  other law, the unit costs recommended by the corporation shall
  534  be the official unit costs for that budget period.
  535         (10)(a) Beginning in the 2010-2011 fiscal year, the
  536  corporation shall release appropriations to each clerk
  537  quarterly. If funds in the Clerks of Court Trust Fund are
  538  insufficient to provide a release in a quarter in a single
  539  release, the corporation may release partial amounts for that
  540  quarter so long as the total of those partial amounts does not
  541  exceed that quarter’s release. If funds in the Clerks of Court
  542  Trust Fund are insufficient for the first quarter release, the
  543  corporation may make a request to the Governor for a trust fund
  544  loan pursuant to chapter 215. The amount of the first three
  545  releases shall be based on one quarter of the estimated budget
  546  for each clerk as identified in the General Appropriations Act.
  547         (b) The corporation shall estimate the fourth quarter’s
  548  number of units to be performed by each clerk. The amount of the
  549  fourth-quarter release shall be based on the approved unit cost
  550  times the estimated number of units of the fourth quarter with
  551  the following adjustment: the fourth-quarter release shall be
  552  adjusted based on the first three quarter’s actual number of
  553  service units provided as reported to the corporation by each
  554  clerk. If the clerk has performed fewer service units in the
  555  first three quarters of the year compared to three quarters of
  556  the estimated number of service units in the General
  557  Appropriations Act, the corporation shall decrease the fourth
  558  quarter release. The amount of the decrease shall equal the
  559  amount of the difference between the estimated number of service
  560  units for the first three quarters and the actual number of
  561  service units provided in the first three quarters times the
  562  approved unit cost.
  563         (c) No adjustment for the fourth-quarter release shall be
  564  made if the clerk has performed more units than the estimate for
  565  the first three quarters.
  566         (d) If the clerk performs fewer units in the fourth quarter
  567  than estimated by the corporation, the corporation shall
  568  decrease the first-quarter release for the clerk in the next
  569  fiscal year by the amount of the difference between the
  570  estimated number of service units for the fourth quarter and the
  571  actual number of service units performed in that quarter times
  572  the approved unit cost.
  573         (e) The total of all releases to the clerks of court may
  574  not exceed the amount appropriated in the General Appropriations
  575  Act. If, during the year, the corporation determines that the
  576  projected releases of appropriations for service units will
  577  exceed the estimate used in the General Appropriations Act and
  578  result in statewide expenditures greater than the amount
  579  appropriated by law, the corporation shall reduce all service
  580  unit costs of all clerks by the amount necessary to ensure that
  581  service units are funded within the total amount appropriated to
  582  the clerks of court. If such action is necessary, the
  583  corporation shall notify the Legislative Budget Commission. If
  584  the Legislative Budget Commission objects to the adjustments,
  585  the Legislative Budget Commission shall adjust all service unit
  586  costs by the amount necessary to ensure that projected units of
  587  service are funded within the total amount appropriated to the
  588  clerks of court at its next scheduled meeting.
  589         (11) The corporation may submit proposed legislation to the
  590  Governor, the President of the Senate, and the Speaker of the
  591  House of Representatives relating to the preparation of budget
  592  requests of the clerks of court.
  593         Section 8. Section 28.365, Florida Statutes, is created to
  594  read:
  595         28.365 Procurement.—The clerks of the court and the Florida
  596  Clerks of Court Operations Corporation are subject to the
  597  procurement requirements and limitations of chapter 287 for
  598  expenditures made pursuant to the budget provided for in ss.
  599  28.35 and 28.36.
  600         Section 9. Section 28.37, Florida Statutes, is amended to
  601  read:
  602         28.37 Fines, fees, service charges, and costs remitted to
  603  the state.—
  604         (1) Pursuant to s. 14(b), Art. V of the State Constitution,
  605  selected salaries, costs, and expenses of the state courts
  606  system and court-related functions shall be funded from a
  607  portion of the revenues derived from statutory fines, fees,
  608  service charges, and costs collected by the clerks of the court.
  609         (2) Beginning November 1, 2016, that portion of all fines,
  610  fees, service charges, and costs collected by the clerks of the
  611  court for the previous month which is in excess of one-twelfth
  612  of the clerks’ total budget for the performance of court-related
  613  functions shall be remitted to the Department of Revenue for
  614  deposit into the Clerks of the Court Trust Fund. Such
  615  collections do not include funding received for the operation of
  616  the Title IV-D child support collections and disbursement
  617  program. The clerk of the court shall remit the revenues
  618  collected during the previous month due to the state on or
  619  before the 10th day of each month.
  620         (3) No later than January 25, 2018, and each January 25
  621  thereafter for the previous county fiscal year, the clerks of
  622  court, in consultation with the Florida Clerks of Court
  623  Operations Corporation, shall remit to the Department of Revenue
  624  for deposit in the General Revenue Fund the cumulative excess of
  625  all fines, fees, service charges, and costs retained by the
  626  clerks of the court, plus any funds received by the clerks of
  627  the court from the Clerks of the Court Trust Fund under s.
  628  28.36(3), which exceed the amount needed to meet their
  629  authorized budget amounts established under s. 28.35, and the
  630  Florida Clerks of Court Operations Corporation shall remit to
  631  the Department of Revenue for deposit in the General Revenue
  632  Fund the cumulative excess of all fines, fees, service charges,
  633  and costs retained in the Clerks of the Court Trust Fund.
  634  However, if the official estimate for funds accruing to the
  635  Clerks of the Court Trust Fund made by the Revenue Estimating
  636  Conference for the current fiscal year or the next fiscal year
  637  included in the estimate is less than the cumulative amount of
  638  authorized budgets from the Clerks of the Court Trust Fund for
  639  the current fiscal year, the Department of Revenue shall deposit
  640  the difference in the Clerks of the Court Trust Fund rather than
  641  in the General Revenue Fund.
  642         (4) The Department of Revenue shall collect any funds that
  643  the Florida Clerks of Court Operations Corporation determines
  644  upon investigation were due no later than January 20 but not
  645  remitted to the department.
  646         (5)(2)Ten Except as otherwise provided in ss. 28.241 and
  647  34.041, all court-related fines, fees, service charges, and
  648  costs are considered state funds and shall be remitted by the
  649  clerk to the Department of Revenue for deposit into the Clerks
  650  of the Court Trust Fund within the Justice Administrative
  651  Commission. However, 10 percent of all court-related fines
  652  collected by the clerk, except for penalties or fines
  653  distributed to counties or municipalities under s.
  654  316.0083(1)(b)3. or s. 318.18(15)(a), shall be deposited into
  655  the clerk’s Public Records Modernization Trust Fund to be used
  656  exclusively for additional clerk court-related operational needs
  657  and program enhancements.
  658         Section 10. Paragraph (b) of subsection (1) of section
  659  34.041, Florida Statutes, is amended, and paragraph (a) of that
  660  subsection is reenacted, to read:
  661         34.041 Filing fees.—
  662         (1)(a) Filing fees are due at the time a party files a
  663  pleading to initiate a proceeding or files a pleading for
  664  relief. Reopen fees are due at the time a party files a pleading
  665  to reopen a proceeding if at least 90 days have elapsed since
  666  the filing of a final order or final judgment with the clerk. If
  667  a fee is not paid upon the filing of the pleading as required
  668  under this section, the clerk shall pursue collection of the fee
  669  pursuant to s. 28.246. Upon the institution of any civil action,
  670  suit, or proceeding in county court, the party shall pay the
  671  following filing fee, not to exceed:
  672         1. For all claims less than $100 $50.
  673         2. For all claims of $100 or more but not more than $500
  674  $75.
  675         3. For all claims of more than $500 but not more than
  676  $2,500 $170.
  677         4. For all claims of more than $2,500 $295.
  678         5. In addition, for all proceedings of garnishment,
  679  attachment, replevin, and distress $85.
  680         6. Notwithstanding subparagraphs 3. and 5., for all claims
  681  of not more than $1,000 filed simultaneously with an action for
  682  replevin of property that is the subject of the claim $125.
  683         7. For removal of tenant action $180.
  684  
  685  The filing fee in subparagraph 6. is the total fee due under
  686  this paragraph for that type of filing, and no other filing fee
  687  under this paragraph may be assessed against such a filing.
  688         (b) The first $75 $80 of the filing fee collected under
  689  subparagraph (a)4. shall be remitted to the Department of
  690  Revenue for deposit into the General Revenue Fund and $5 must be
  691  remitted by the clerk to the Department of Revenue for deposit
  692  into the Clerks of Court Trust Fund. The next $15 of the filing
  693  fee collected under subparagraph (a)4., and the first $10 of the
  694  filing fee collected under subparagraph (a)7., shall be
  695  deposited in the State Courts Revenue Trust Fund. By the 10th
  696  day of each month, the clerk shall submit that portion of the
  697  fees collected in the previous month which is in excess of one
  698  twelfth of the clerk’s total budget for the performance of
  699  court-related functions to the Department of Revenue for deposit
  700  into the Clerks of the Court Trust Fund. An additional filing
  701  fee of $4 shall be paid to the clerk. The clerk shall transfer
  702  $3.50 to the Department of Revenue for deposit into the Court
  703  Education Trust Fund and shall transfer 50 cents to the
  704  Department of Revenue for deposit into the Clerks of the Court
  705  Trust Fund within the Justice Administrative Commission to fund
  706  clerk education provided by the Florida Clerks of Court
  707  Operations Corporation. Postal charges incurred by the clerk of
  708  the county court in making service by mail on defendants or
  709  other parties shall be paid by the party at whose instance
  710  service is made. Except as provided in this section herein,
  711  filing fees and service charges for performing duties of the
  712  clerk relating to the county court shall be as provided in ss.
  713  28.24 and 28.241. Except as otherwise provided in this section
  714  herein, all filing fees shall be retained as fee income of the
  715  office of the clerk of the circuit court remitted to the
  716  Department of Revenue for deposit into the Clerks of the Court
  717  Trust Fund within the Justice Administrative Commission. Filing
  718  fees imposed by this section may not be added to any penalty
  719  imposed by chapter 316 or chapter 318.
  720         Section 11. Section 142.01, Florida Statutes, is amended to
  721  read:
  722         142.01 Fine and forfeiture fund; disposition of revenue;
  723  clerk of the circuit court.—
  724         (1) There shall be established by the clerk of the circuit
  725  court in each county of this state a separate fund to be known
  726  as the fine and forfeiture fund for use by the clerk of the
  727  circuit court in performing court-related functions. The fund
  728  shall consist of the following:
  729         (a) Fines and penalties pursuant to ss. 28.2402(2),
  730  34.045(2), 316.193, 327.35, 327.72, 379.2203(1), and 775.083(1).
  731         (b) That portion of civil penalties directed to this fund
  732  pursuant to s. 318.21.
  733         (c) Court costs pursuant to ss. 28.2402(1)(b),
  734  34.045(1)(b), 318.14(10)(b), 318.18(11)(a), 327.73(9)(a) and
  735  (11)(a), and 938.05(3).
  736         (d) Proceeds from forfeited bail bonds, unclaimed bonds,
  737  unclaimed moneys, or recognizances pursuant to ss. 321.05(4)(a),
  738  379.2203(1), and 903.26(3)(a).
  739         (e) Fines and forfeitures pursuant to s. 34.191.
  740         (f) Filing fees received pursuant to ss. 28.241 and 34.041,
  741  unless the disposition of such fees is otherwise required by
  742  law.
  743         (g)(f) All other revenues received by the clerk as revenue
  744  authorized by law to be retained by the clerk.
  745         (2) All revenues received by the clerk in the fine and
  746  forfeiture fund from court-related fees, fines, costs, and
  747  service charges are considered state funds and shall be remitted
  748  monthly to the Department of Revenue for deposit into the Clerks
  749  of the Court Trust Fund within the Justice Administrative
  750  Commission.
  751         (3) Notwithstanding the provisions of this section, all
  752  fines and forfeitures arising from operation of the provisions
  753  of s. 318.1215 shall be disbursed in accordance with that
  754  section.
  755         Section 12. Section 213.131, Florida Statutes, is amended
  756  to read:
  757         213.131 Clerks of the Court Trust Fund within the
  758  Department of Revenue Justice Administrative Commission.—The
  759  Clerks of the Court Trust Fund is created within the Department
  760  of Revenue Justice Administrative Commission.
  761         Section 13. Subsection (2) of section 215.22, Florida
  762  Statutes, is amended to read:
  763         215.22 Certain income and certain trust funds exempt.—
  764         (2) Moneys and income of a revenue nature shared with
  765  political subdivisions or received from taxes or fees authorized
  766  to be levied by any political subdivision, including moneys from
  767  service charges, fees, costs, and fines deposited into the
  768  Clerks of the Court Trust Fund within the Department of Revenue,
  769  shall be exempt from the deduction required by s. 215.20(1).
  770         Section 14. For the period from July 1, 2016, through
  771  September 30, 2016, the authorized budget for the clerks of the
  772  circuit court shall be $110,845,078 and the authorized budget
  773  for the Florida Clerks of Court Operations Corporation shall be
  774  $405,412. The Florida Clerks of Court Operations Corporation
  775  shall determine budget amounts for the individual clerks for
  776  that period. For the county fiscal year beginning October 1,
  777  2016, and ending September 30, 2017, the authorized budget for
  778  the clerks of the circuit court shall be $443,380,312 and the
  779  authorized budget for the Florida Clerks of Court Operations
  780  Corporation shall be $1,621,648. The Florida Clerks of Court
  781  Operations Corporation shall determine budget amounts for the
  782  individual clerks for that period.
  783         Section 15. Except as otherwise expressly provided in this
  784  act and except for this section, which shall take effect upon
  785  this act becoming a law, this act shall take effect July 1,
  786  2016.
  787  
  788  ================= T I T L E  A M E N D M E N T ================
  789         And the title is amended as follows:
  790         Delete everything before the enacting clause
  791  and insert:
  792                        A bill to be entitled                      
  793         An act relating to clerks of court; transferring the
  794         Clerks of the Court Trust Fund from the Justice
  795         Administrative Commission to the Department of
  796         Revenue; amending s. 11.90, F.S.; providing additional
  797         duties of the Legislative Budget Commission relating
  798         to clerks of court; amending s. 28.241, F.S.; revising
  799         distribution of filing fees; revising references to
  800         trust funds; repealing s. 28.2455, F.S., relating to
  801         the transfer of trust funds in excess of the amount
  802         needed for clerk budgets; amending s. 28.246, F.S.;
  803         conforming provisions to changes made by the act;
  804         amending s. 28.35, F.S.; revising duties of the
  805         corporation; defining terms; providing requirements
  806         for annual submission of a proposed budget and related
  807         information; revising provisions concerning functions
  808         that may and may not be funded from specified sources;
  809         revising distribution of the corporation’s audit
  810         report; amending s. 28.36, F.S.; specifying that only
  811         certain functions may be funded from fees, service
  812         charges, costs, and fines retained by the clerks of
  813         the court; revising provisions relating to preparation
  814         of budget requests by clerks; providing for reporting
  815         and certification of revenue deficits; providing
  816         procedures for retention of additional revenues by
  817         clerks in the event of a deficit; providing for the
  818         release of funds from a specified trust fund to
  819         relieve such a deficit in certain circumstances;
  820         providing for increases in previously authorized
  821         budgets in certain circumstances; deleting provisions
  822         relating to review of budgets and related information;
  823         creating s. 28.365, F.S.; providing that clerks of
  824         court and the Florida Clerks of Court Operations
  825         Corporation are subject to specified procurement
  826         requirements for expenditures made pursuant to
  827         specified provisions; amending s. 28.37, F.S.;
  828         providing that a portion of all fines, fees, service
  829         charges, and costs collected by the clerks of the
  830         court that exceeds a specified portion of the clerk’s
  831         annual budget be remitted to a specified trust fund;
  832         providing for remission of certain excess collections
  833         to the department for deposit into the General Revenue
  834         Fund on specified dates; providing for deposit of such
  835         funds in a specified trust fund in certain
  836         circumstances; providing for collection of certain
  837         funds by the department; amending s. 34.041, F.S.;
  838         conforming provisions to changes made by the act;
  839         revising distribution of certain fees; amending s.
  840         142.01, F.S.; deleting provisions specifying that
  841         certain moneys are considered state funds; amending s.
  842         213.131, F.S.; conforming provisions to changes made
  843         by the act; amending s. 215.22, F.S.; exempting
  844         certain moneys deposited in the Clerks of the Court
  845         Trust Fund from a specified deduction; specifying the
  846         authorized budget for the clerks of the circuit court
  847         and the corporation for specified periods; requiring
  848         the corporation to determine budget amounts for the
  849         individual clerks for those periods; providing
  850         effective dates.