Florida Senate - 2017             CONFERENCE COMMITTEE AMENDMENT
       Bill No. SB 2506
       
       
       
       
       
       
                                Ì245796[Î245796                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: AD/CR          .           Floor: AD            
             05/08/2017 04:10 PM       .      05/08/2017 08:39 PM       
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       The Conference Committee on SB 2506 recommended the following:
       
    1         Senate Conference Committee Amendment (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Subsection (6) of section 11.90, Florida
    7  Statutes, is amended to read:
    8         11.90 Legislative Budget Commission.—
    9         (6) The commission has shall have the power and duty to:
   10         (a) Review and approve or disapprove budget amendments
   11  recommended by the Governor or the Chief Justice of the Supreme
   12  Court as provided in chapter 216.
   13         (b) Develop the long-range financial outlook described in
   14  s. 19, Art. III of the State Constitution.
   15         (c)Review and approve, disapprove, or amend and approve
   16  the budget of the Florida Clerks of Court Operations
   17  Corporation.
   18         (d)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. As part of this review, the commission shall consider
   22  the workload and expense data submitted pursuant to s. 28.35.
   23         (c)(e) Exercise all other powers and perform any other
   24  duties prescribed by the Legislature.
   25         Section 2. Paragraph (c) of subsection (1) and subsection
   26  (2) of section 28.241, Florida Statutes, are 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         (c)1. A party in addition to a party described in sub
   37  subparagraph (a)1.a. who files a pleading in an original civil
   38  action in circuit court for affirmative relief by cross-claim,
   39  counterclaim, counterpetition, or third-party complaint shall
   40  pay the clerk of court a fee of $395. A party in addition to a
   41  party described in sub-subparagraph (a)1.b. who files a pleading
   42  in an original civil action in circuit court for affirmative
   43  relief by cross-claim, counterclaim, counterpetition, or third
   44  party complaint shall pay the clerk of court a fee of $295. The
   45  clerk shall deposit remit the fee to the Department of Revenue
   46  for deposit into the fine and forfeiture fund established
   47  pursuant to s. 142.01 General Revenue Fund.
   48         2. A party in addition to a party described in subparagraph
   49  (a)2. who files a pleading in an original civil action in
   50  circuit court for affirmative relief by cross-claim,
   51  counterclaim, counterpetition, or third-party complaint shall
   52  pay the clerk of court a graduated fee of:
   53         a. Three hundred and ninety-five dollars in all cases in
   54  which the value of the pleading is $50,000 or less;
   55         b. Nine hundred dollars in all cases in which the value of
   56  the pleading is more than $50,000 but less than $250,000; or
   57         c. One thousand nine hundred dollars in all cases in which
   58  the value of the pleading is $250,000 or more.
   59  
   60  The clerk shall deposit remit the fees collected under this
   61  subparagraph to the Department of Revenue for deposit into the
   62  fine and forfeiture fund established pursuant to s. 142.01
   63  General Revenue Fund.
   64         (2) Upon the institution of any appellate proceeding from
   65  any lower court to the circuit court of any such county,
   66  including appeals filed by a county or municipality as provided
   67  in s. 34.041(5), or from the circuit court to an appellate court
   68  of the state, the clerk shall charge and collect from the party
   69  or parties instituting such appellate proceedings a filing fee
   70  not to exceed $280 for filing a notice of appeal from the county
   71  court to the circuit court and, in addition to the filing fee
   72  required under s. 25.241 or s. 35.22, $100 for filing a notice
   73  of appeal from the circuit court to the district court of appeal
   74  or to the Supreme Court. If the party is determined to be
   75  indigent, the clerk shall defer payment of the fee. The clerk
   76  shall remit the first $80 to the Department of Revenue for
   77  deposit into the General Revenue Fund.
   78         Section 3. Paragraphs (a), (f), and (h) of subsection (2)
   79  and subsection (3) of section 28.35, Florida Statutes, are
   80  amended to read:
   81         28.35 Florida Clerks of Court Operations Corporation.—
   82         (2) The duties of the corporation shall include the
   83  following:
   84         (a) Adopting a plan of operation including a detailed
   85  budget for the corporation.
   86         (f) Approving the Reviewing, certifying, and recommending
   87  proposed budgets submitted by clerks of the court pursuant to s.
   88  28.36. The corporation must ensure that the total combined
   89  budgets of the clerks of the court do not exceed the total
   90  estimated revenues available for court-related expenditures as
   91  determined by the most recent Revenue Estimating Conference. The
   92  corporation may amend any individual clerk of the court budget
   93  to ensure compliance with this paragraph and must consider
   94  performance measures, workload performance standards, workload
   95  measures, and expense data before modifying the budget. As part
   96  of this process, the corporation shall:
   97         1. Calculate the minimum amount of revenue necessary for
   98  each clerk of the court to efficiently perform the list of
   99  court-related functions specified in paragraph (3)(a). The
  100  corporation shall apply the workload measures appropriate for
  101  determining the individual level of review required to fund the
  102  clerk’s budget.
  103         2. Prepare a cost comparison of similarly situated clerks
  104  of the court, based on county population and numbers of filings,
  105  using the standard list of court-related functions specified in
  106  paragraph (3)(a).
  107         3. Conduct an annual base budget review and an annual
  108  budget exercise examining the total budget of each clerk of the
  109  court. The review shall examine revenues from all sources,
  110  expenses of court-related functions, and expenses of noncourt
  111  related functions as necessary to determine that court-related
  112  revenues are not being used for noncourt-related purposes. The
  113  review and exercise shall identify potential targeted budget
  114  reductions in the percentage amount provided in Schedule VIII-B
  115  of the state’s previous year’s legislative budget instructions,
  116  as referenced in s. 216.023(3), or an equivalent schedule or
  117  instruction as may be adopted by the Legislature.
  118         4. Identify those proposed budgets containing funding for
  119  items not included on the standard list of court-related
  120  functions specified in paragraph (3)(a).
  121         5. Identify those clerks projected to have court-related
  122  revenues insufficient to fund their anticipated court-related
  123  expenditures.
  124         6. Use revenue estimates based on the official estimate for
  125  funds accruing to the clerks of the court made by the Revenue
  126  Estimating Conference. The total combined budgets of the clerks
  127  of the court may not exceed the revenue estimates established by
  128  the most recent Revenue Estimating Conference.
  129         7. Identify and report pay and benefit increases in any
  130  proposed clerk budget, including, but not limited to, cost of
  131  living increases, merit increases, and bonuses.
  132         8. Identify Provide detailed explanation for increases in
  133  anticipated expenditures in any clerk budget that exceeds the
  134  current year budget by more than 3 percent.
  135         9. Identify and report the budget of any clerk which
  136  exceeds the average budget of similarly situated clerks by more
  137  than 10 percent.
  138         (h) Preparing and submitting a report to the Governor, the
  139  President of the Senate, the Speaker of the House of
  140  Representatives, and the chairs of the legislative
  141  appropriations committees by January 1 of each year on the
  142  operations and activities of the corporation and detailing the
  143  budget development for the clerks of the court and the end-of
  144  year reconciliation of actual expenditures versus projected
  145  expenditures for each clerk of court. Beginning August 1, 2014,
  146  and each August 1 thereafter, submitting to the Legislative
  147  Budget Commission, as provided in s. 11.90, its proposed budget
  148  and the information described in paragraph (f), as well as the
  149  proposed budgets for each clerk of the court. Before October 1
  150  of each year beginning in 2014, the Legislative Budget
  151  Commission shall consider the submitted budgets and shall
  152  approve, disapprove, or amend and approve the corporation’s
  153  budget and shall approve, disapprove, or amend and approve the
  154  total of the clerks’ combined budgets or any individual clerk’s
  155  budget. If the Legislative Budget Commission fails to approve or
  156  amend and approve the corporation’s budget or the clerks’
  157  combined budgets before October 1, the clerk shall continue to
  158  perform the court-related functions based upon the clerk’s
  159  budget for the previous county fiscal year.
  160         (3)(a) The list of court-related functions that clerks may
  161  fund from filing fees, service charges, costs, and fines is
  162  limited to those functions expressly authorized by law or court
  163  rule. Those functions include the following: case maintenance;
  164  records management; court preparation and attendance; processing
  165  the assignment, reopening, and reassignment of cases; processing
  166  of appeals; collection and distribution of fines, fees, service
  167  charges, and court costs; processing of bond forfeiture
  168  payments; payment of jurors and witnesses; payment of expenses
  169  for meals or lodging provided to jurors; data collection and
  170  reporting; processing of jurors; determinations of indigent
  171  status; and paying reasonable administrative support costs to
  172  enable the clerk of the court to carry out these court-related
  173  functions.
  174         (b) The list of court-related functions that clerks may not
  175  fund from filing fees, service charges, costs, and fines
  176  includes:
  177         1. Those functions not specified within paragraph (a).
  178         2. Functions assigned by administrative orders which are
  179  not required for the clerk to perform the functions in paragraph
  180  (a).
  181         3. Enhanced levels of service which are not required for
  182  the clerk to perform the functions in paragraph (a).
  183         4. Functions identified as local requirements in law or
  184  local optional programs.
  185         Section 4. Paragraph (a) of subsection (2) and subsection
  186  (4) of section 28.36, Florida Statutes, are amended to read:
  187         28.36 Budget procedure.—There is established a budget
  188  procedure for the court-related functions of the clerks of the
  189  court.
  190         (2) Each proposed budget shall further conform to the
  191  following requirements:
  192         (a) On or before June 1 of each year beginning in 2014, the
  193  proposed budget shall be prepared, summarized, and submitted by
  194  the clerk in each county to the Florida Clerks of Court
  195  Operations Corporation in the manner and form prescribed by the
  196  corporation. The proposed budget must provide detailed
  197  information on the anticipated revenues available and
  198  expenditures necessary for the performance of the court-related
  199  functions listed in s. 28.35(3)(a) of the clerk’s office for the
  200  county fiscal year beginning October 1.
  201         (4) The corporation Legislative Budget Commission may
  202  approve increases or decreases to the previously authorized
  203  budgets approved for individual clerks of the court pursuant to
  204  s. 28.35 for court-related functions, if:
  205         (a) The additional budget authority is necessary to pay the
  206  cost of performing new or additional functions required by
  207  changes in law or court rule; or
  208         (b) The additional budget authority is necessary to pay the
  209  cost of supporting increases in the number of judges or
  210  magistrates authorized by the Legislature.
  211         Section 5. Subsection (5) of section 28.37, Florida
  212  Statutes, is amended to read:
  213         28.37 Fines, fees, service charges, and costs remitted to
  214  the state.—
  215         (5) Ten percent of all court-related fines collected by the
  216  clerk, except for penalties or fines distributed to counties or
  217  municipalities under s. 316.0083(1)(b)3. or s. 318.18(15)(a),
  218  shall be deposited into the fine and forfeiture clerk’s Public
  219  Records Modernization Trust fund to be used exclusively for
  220  additional clerk court-related functions, as provided in s.
  221  28.35(3)(a) operational needs and program enhancements.
  222         Section 6. Subsection (5) is added to section 40.29,
  223  Florida Statutes, to read:
  224         40.29 Payment of due-process costs.—
  225         (5) The Justice Administrative Commission shall provide
  226  funds to the clerks of the court to compensate jurors, to pay
  227  for meals or lodging provided to jurors, and to pay for jury
  228  related personnel costs as provided in this section. Each clerk
  229  of the court shall forward to the Justice Administrative
  230  Commission a quarterly estimate of funds necessary to compensate
  231  jurors and pay for meals or lodging provided to jurors during
  232  the upcoming quarter. The Florida Clerks of Court Operations
  233  Corporation shall forward to the Justice Administrative
  234  Commission a quarterly estimate of the amount necessary to
  235  reimburse each clerk of the court for its personnel and other
  236  costs related to jury management. Upon receipt of such
  237  estimates, the Justice Administrative Commission shall determine
  238  the amount deemed necessary for payment to the clerks of the
  239  court during the upcoming quarter and submit a request for
  240  payment to the Chief Financial Officer. If the Justice
  241  Administrative Commission believes that the amount appropriated
  242  by the Legislature is insufficient to meet such costs during the
  243  remaining part of the state fiscal year, the commission may
  244  apportion the funds appropriated in the General Appropriations
  245  Act for those purposes among the several counties, basing the
  246  apportionment upon the amount expended for such purposes in each
  247  county during the prior fiscal year, in which case, the Chief
  248  Financial Officer shall issue the appropriate apportioned amount
  249  by warrant to each county. The clerks of the court are
  250  responsible for any compensation to jurors, for payments for
  251  meals or lodging provided to jurors, and for jury-related
  252  personnel costs that exceed the funding provided in the General
  253  Appropriations Act for these purposes.
  254         Section 7. Subsection (3) of section 45.035, Florida
  255  Statutes, is amended to read:
  256         45.035 Clerk’s fees.—In addition to other fees or service
  257  charges authorized by law, the clerk shall receive service
  258  charges related to the judicial sales procedure set forth in ss.
  259  45.031-45.034 and this section:
  260         (3) If the sale is conducted by electronic means, as
  261  provided in s. 45.031(10), the clerk shall receive an additional
  262  service charge not to exceed $70 for services in conducting or
  263  contracting for the electronic sale, which service charge shall
  264  be assessed as costs and paid when filing for an electronic sale
  265  date by the winning bidder. If the clerk requires advance
  266  electronic deposits to secure the right to bid, such deposits
  267  shall not be subject to the fee under s. 28.24(10). The portion
  268  of an advance deposit from a winning bidder required by s.
  269  45.031(3) shall, upon acceptance of the winning bid, be subject
  270  to the fee under s. 28.24(10).
  271         Section 8. Subsection (1) of section 775.083, Florida
  272  Statutes, is amended to read:
  273         775.083 Fines.—
  274         (1) A person who has been convicted of an offense other
  275  than a capital felony may be sentenced to pay a fine in addition
  276  to any punishment described in s. 775.082; when specifically
  277  authorized by statute, he or she may be sentenced to pay a fine
  278  in lieu of any punishment described in s. 775.082. A person who
  279  has been convicted of a noncriminal violation may be sentenced
  280  to pay a fine. Fines for designated crimes and for noncriminal
  281  violations shall not exceed:
  282         (a) $15,000, when the conviction is of a life felony.
  283         (b) $10,000, when the conviction is of a felony of the
  284  first or second degree.
  285         (c) $5,000, when the conviction is of a felony of the third
  286  degree.
  287         (d) $1,000, when the conviction is of a misdemeanor of the
  288  first degree.
  289         (e) $500, when the conviction is of a misdemeanor of the
  290  second degree or a noncriminal violation.
  291         (f) Any higher amount equal to double the pecuniary gain
  292  derived from the offense by the offender or double the pecuniary
  293  loss suffered by the victim.
  294         (g) Any higher amount specifically authorized by statute.
  295  
  296  Fines imposed in this subsection shall be deposited by the clerk
  297  of the court in the fine and forfeiture fund established
  298  pursuant to s. 142.01, except that the clerk shall remit fines
  299  imposed when adjudication is withheld to the Department of
  300  Revenue for deposit in the General Revenue Fund. If a defendant
  301  is unable to pay a fine, the court may defer payment of the fine
  302  to a date certain. As used in this subsection, the term
  303  “convicted” or “conviction” means a determination of guilt which
  304  is the result of a trial or the entry of a plea of guilty or
  305  nolo contendere, regardless of whether adjudication is withheld.
  306         Section 9. This act shall take effect upon becoming a law.
  307  
  308  ================= T I T L E  A M E N D M E N T ================
  309  And the title is amended as follows:
  310         Delete everything before the enacting clause
  311  and insert:
  312                        A bill to be entitled                      
  313         An act relating to clerks of the court; amending s.
  314         11.90, F.S.; removing duties of the Legislative Budget
  315         Commission regarding budgets of the Florida Clerks of
  316         Court Operations Corporation and the clerks of the
  317         court; amending s. 28.241, F.S.; requiring that
  318         certain filing fees for trial and appellate
  319         proceedings be deposited into clerks of the circuit
  320         court fine and forfeiture funds, rather than into the
  321         General Revenue Fund; amending s. 28.35, F.S.;
  322         revising duties of the corporation; prohibiting the
  323         total combined proposed budgets of clerks of the court
  324         from exceeding specified limits; requiring the
  325         corporation to provide an annual report to the
  326         Governor, Legislature, and chairs of the legislative
  327         appropriations committees regarding court operations
  328         and budgets; deleting duties of the commission in
  329         considering budgets of the clerks of the court;
  330         amending s. 28.36, F.S.; authorizing the corporation
  331         to amend budgets of the clerks of the court; amending
  332         s. 28.37, F.S.; revising the fund into which certain
  333         fines collected by the clerk are to be deposited;
  334         amending s. 40.29, F.S.; requiring the Justice
  335         Administrative Commission to provide funds to the
  336         clerks of court for certain jury-related costs;
  337         requiring the clerks of court and the corporation to
  338         submit quarterly estimates of certain expenses to the
  339         commission; providing the procedure for securing such
  340         funds and distributing them to the clerks; providing
  341         for the apportionment of costs if funds appropriated
  342         by the Legislature are estimated to be insufficient to
  343         pay all amounts requested; requiring the clerks of
  344         court to pay amounts in excess of appropriated
  345         amounts; amending s. 45.035, F.S.; revising a
  346         provision for the payment of a service charge for
  347         electronic sales; amending s. 775.083, F.S.; deleting
  348         a provision requiring a clerk to remit certain fines
  349         under a specified circumstance to the Department of
  350         Revenue; providing an effective date.