Florida Senate - 2017                   (PROPOSED BILL) SPB 2506
       
       
        
       FOR CONSIDERATION By the Committee on Appropriations
       
       
       
       
       
       576-02252B-17                                         20172506pb
    1                        A bill to be entitled                      
    2         An act relating to clerks of the court; amending s.
    3         28.241, F.S.; requiring that certain filing fees for
    4         trial and appellate proceedings be deposited into
    5         clerks of the circuit court fine and forfeiture funds,
    6         rather than into the General Revenue Fund; amending s.
    7         28.35, F.S.; authorizing the Florida Clerks of the
    8         Court Operations Corporation to recommend budgets that
    9         are in excess of the official estimate under certain
   10         circumstances; requiring the corporation to certify
   11         the amounts of additional revenues necessary to fund
   12         certain budgets; conforming provisions to changes made
   13         by the act; amending s. 28.36, F.S.; requiring the
   14         corporation to certify the revenue deficit and report
   15         the amount necessary to fund anticipated expenditures
   16         to the commission; conforming provisions to changes
   17         made by the act; authorizing the Legislative Budget
   18         Commission to approve a budget that includes an
   19         anticipated deficit under certain circumstances;
   20         authorizing the corporation to request that the
   21         Legislature approve an appropriation of general
   22         revenue to the Clerks of the Court Trust Fund under
   23         certain circumstances; limiting the amount the
   24         corporation may request; amending s. 28.37, F.S.;
   25         revising the fund into which certain fines collected
   26         by the clerk are to be deposited; amending s. 40.29,
   27         F.S.; requiring the Justice Administrative Commission
   28         to provide funds to the clerks of court for certain
   29         jury-related costs; requiring the clerks of court and
   30         the corporation to submit quarterly estimates of
   31         certain expenses to the commission; providing the
   32         procedure for securing such funds and distributing
   33         them to the clerks; providing for the apportionment of
   34         costs if funds appropriated by the Legislature are
   35         estimated to be insufficient to pay all amounts
   36         requested; requiring the clerks of court to pay
   37         amounts in excess of appropriated amounts; amending s.
   38         318.18, F.S.; redirecting a portion of the revenue
   39         derived from the civil penalty for certain traffic
   40         infractions from the General Revenue Fund to the fine
   41         and forfeiture fund; removing obsolete provisions;
   42         amending s. 318.21, F.S.; revising the distribution
   43         and payment of civil penalties received by a county
   44         court pursuant to ch. 318, F.S.; amending s. 775.083,
   45         F.S.; deleting a provision requiring a clerk to remit
   46         certain fines under a specified circumstance to the
   47         Department of Revenue; providing an effective date.
   48          
   49  Be It Enacted by the Legislature of the State of Florida:
   50  
   51         Section 1. Paragraph (c) of subsection (1) and subsection
   52  (2) of section 28.241, Florida Statutes, are amended to read:
   53         28.241 Filing fees for trial and appellate proceedings.—
   54         (1) Filing fees are due at the time a party files a
   55  pleading to initiate a proceeding or files a pleading for
   56  relief. Reopen fees are due at the time a party files a pleading
   57  to reopen a proceeding if at least 90 days have elapsed since
   58  the filing of a final order or final judgment with the clerk. If
   59  a fee is not paid upon the filing of the pleading as required
   60  under this section, the clerk shall pursue collection of the fee
   61  pursuant to s. 28.246.
   62         (c)1. A party in addition to a party described in sub
   63  subparagraph (a)1.a. who files a pleading in an original civil
   64  action in circuit court for affirmative relief by cross-claim,
   65  counterclaim, counterpetition, or third-party complaint shall
   66  pay the clerk of court a fee of $395. A party in addition to a
   67  party described in sub-subparagraph (a)1.b. who files a pleading
   68  in an original civil action in circuit court for affirmative
   69  relief by cross-claim, counterclaim, counterpetition, or third
   70  party complaint shall pay the clerk of court a fee of $295. The
   71  clerk shall deposit remit the fee to the Department of Revenue
   72  for deposit into the fine and forfeiture fund established
   73  pursuant to s. 142.01 General Revenue Fund.
   74         2. A party in addition to a party described in subparagraph
   75  (a)2. who files a pleading in an original civil action in
   76  circuit court for affirmative relief by cross-claim,
   77  counterclaim, counterpetition, or third-party complaint shall
   78  pay the clerk of court a graduated fee of:
   79         a. Three hundred and ninety-five dollars in all cases in
   80  which the value of the pleading is $50,000 or less;
   81         b. Nine hundred dollars in all cases in which the value of
   82  the pleading is more than $50,000 but less than $250,000; or
   83         c. One thousand nine hundred dollars in all cases in which
   84  the value of the pleading is $250,000 or more.
   85  
   86  The clerk shall deposit remit the fees collected under this
   87  subparagraph to the Department of Revenue for deposit into the
   88  fine and forfeiture fund established pursuant to s. 142.01
   89  General Revenue Fund.
   90         (2) Upon the institution of any appellate proceeding from
   91  any lower court to the circuit court of any such county,
   92  including appeals filed by a county or municipality as provided
   93  in s. 34.041(5), or from the circuit court to an appellate court
   94  of the state, the clerk shall charge and collect from the party
   95  or parties instituting such appellate proceedings a filing fee
   96  not to exceed $280 for filing a notice of appeal from the county
   97  court to the circuit court and, in addition to the filing fee
   98  required under s. 25.241 or s. 35.22, $100 for filing a notice
   99  of appeal from the circuit court to the district court of appeal
  100  or to the Supreme Court. If the party is determined to be
  101  indigent, the clerk shall defer payment of the fee. The clerk
  102  shall remit the first $80 to the Department of Revenue for
  103  deposit into the General Revenue Fund.
  104         Section 2. Paragraphs (f) and (h) of subsection (2) of
  105  section 28.35, Florida Statutes, are amended to read:
  106         28.35 Florida Clerks of Court Operations Corporation.—
  107         (2) The duties of the corporation shall include the
  108  following:
  109         (f) Reviewing, certifying, and recommending proposed
  110  budgets submitted by clerks of the court pursuant to s. 28.36.
  111  As part of this process, the corporation shall:
  112         1. Calculate the minimum amount of revenue necessary for
  113  each clerk of the court to efficiently perform the list of
  114  court-related functions specified in paragraph (3)(a). The
  115  corporation shall apply the workload measures appropriate for
  116  determining the individual level of review required to fund the
  117  clerk’s budget.
  118         2. Prepare a cost comparison of similarly situated clerks
  119  of the court, based on county population and numbers of filings,
  120  using the standard list of court-related functions specified in
  121  paragraph (3)(a).
  122         3. Conduct an annual base budget review and an annual
  123  budget exercise examining the total budget of each clerk of the
  124  court. The review shall examine revenues from all sources,
  125  expenses of court-related functions, and expenses of noncourt
  126  related functions as necessary to determine that court-related
  127  revenues are not being used for noncourt-related purposes. The
  128  review and exercise shall identify potential targeted budget
  129  reductions in the percentage amount provided in Schedule VIII-B
  130  of the state’s previous year’s legislative budget instructions,
  131  as referenced in s. 216.023(3), or an equivalent schedule or
  132  instruction as may be adopted by the Legislature.
  133         4. Identify those proposed budgets containing funding for
  134  items not included on the standard list of court-related
  135  functions specified in paragraph (3)(a).
  136         5. Identify those clerks projected to have court-related
  137  revenues insufficient to fund their anticipated court-related
  138  expenditures.
  139         6. Use revenue estimates based on the official estimate for
  140  funds accruing to the clerks of the court made by the Revenue
  141  Estimating Conference. However, the corporation may recommend
  142  budgets that are in excess of the official estimate if such
  143  budgets fund only those court-related functions specified in
  144  paragraph (3)(a).
  145         7. Identify and report pay and benefit increases in any
  146  proposed clerk budget, including, but not limited to, cost of
  147  living increases, merit increases, and bonuses.
  148         8. Provide detailed explanation for increases in
  149  anticipated expenditures in any clerk budget that exceeds the
  150  current year budget by more than 3 percent.
  151         9. Identify and report the budget of any clerk which
  152  exceeds the average budget of similarly situated clerks by more
  153  than 10 percent.
  154         10.Certify the amounts of additional revenues necessary to
  155  fund the budgets recommended by the corporation and the combined
  156  budgets submitted by the clerks.
  157         (h) Beginning August 1, 2014, and each August 1 thereafter,
  158  submitting to the Legislative Budget Commission, as provided in
  159  s. 11.90, its proposed budget and the information described in
  160  paragraph (f), as well as the proposed budgets for each clerk of
  161  the court. Before October 1 of each year beginning in 2014, the
  162  Legislative Budget Commission shall consider the submitted
  163  budgets and shall approve, disapprove, or amend and approve the
  164  corporation’s budget and shall approve, disapprove, or amend and
  165  approve the total of the clerks’ combined budgets or any
  166  individual clerk’s budget. If the Legislative Budget Commission
  167  fails to approve or amend and approve the corporation’s budget
  168  or the clerks’ combined budgets before October 1, the clerk
  169  shall continue to perform the court-related functions based upon
  170  the clerk’s budget for the previous county fiscal year.
  171         Section 3. Paragraph (b) of subsection (2) of section
  172  28.36, Florida Statutes, is amended, present subsection (4) of
  173  that section is redesignated as subsection (5), and a new
  174  subsection (4) is added to that section, to read:
  175         28.36 Budget procedure.—There is established a budget
  176  procedure for the court-related functions of the clerks of the
  177  court.
  178         (2) Each proposed budget shall further conform to the
  179  following requirements:
  180         (b) The proposed budget must be balanced such that the
  181  total of the estimated revenues available equals or exceeds the
  182  total of the anticipated expenditures. Such revenues include
  183  revenue projected to be received from fees, service charges,
  184  costs, and fines for court-related functions during the fiscal
  185  period covered by the budget. The anticipated expenditures must
  186  be itemized as required by the corporation. If the corporation
  187  determines that the clerks’ total anticipated expenditures
  188  exceed the clerks’ total estimated revenues as determined by the
  189  Revenue Estimating Conference, the corporation shall certify the
  190  amount necessary to fund anticipated expenditures to the
  191  Legislative Budget Commission as part of the budget process
  192  pursuant to subsection (4).
  193         (4)(a)Annually, on or before August 1, the corporation
  194  shall submit to the Legislative Budget Commission, as provided
  195  in s. 11.90, its proposed budget and the information described
  196  in s. 28.35(2)(f), as well as the proposed budgets for each
  197  clerk of the court. Before October 1 of each year, the
  198  commission shall consider the submitted budgets and shall
  199  approve, disapprove, or amend and approve the corporation’s
  200  budget and shall approve, disapprove, or amend and approve the
  201  total of the clerks’ combined budgets or any individual clerk’s
  202  budget. The commission may approve a budget that includes an
  203  anticipated deficit based on the official estimates of revenues
  204  projected pursuant to ss. 216.133-216.138 if it determines that
  205  the requested budget is justified based on data reported by the
  206  corporation pursuant to s. 28.35(2)(f). If the commission fails
  207  to approve or amend and approve the corporation’s budget or the
  208  clerks’ combined budgets before October 1, the clerk shall
  209  continue to perform the court-related functions based upon the
  210  clerk’s budget for the previous county fiscal year.
  211         (b) The corporation may request that, during the next
  212  legislative session, the Legislature approve an appropriation of
  213  general revenue funds to the Clerks of the Court Trust Fund
  214  within the Department of Revenue equal to the difference between
  215  the clerks’ total estimated expenditures and the total estimated
  216  revenues, as provided in the proposed budgets. The total
  217  spending authority requested may not exceed that established
  218  pursuant to paragraph (a).
  219         (c)If the official estimate of revenues accruing to the
  220  clerks’ fine and forfeiture funds, established pursuant to s.
  221  142.01, is reduced below the official estimate available to the
  222  commission at the time the corporation submitted proposed
  223  budgets pursuant to paragraph (a), the corporation may request
  224  that, during the next legislative session, the Legislature
  225  approve an appropriation of general revenue funds to the Clerks
  226  of the Court Trust Fund within the Department of Revenue equal
  227  to the difference between the most recent official estimate of
  228  revenues and the clerks’ combined budgets. The total spending
  229  authority requested may not exceed that established pursuant to
  230  paragraph (a).
  231         Section 4. Subsection (5) of section 28.37, Florida
  232  Statutes, is amended to read:
  233         28.37 Fines, fees, service charges, and costs remitted to
  234  the state.—
  235         (5) Ten percent of all court-related fines collected by the
  236  clerk, except for penalties or fines distributed to counties or
  237  municipalities under s. 316.0083(1)(b)3. or s. 318.18(15)(a),
  238  shall be deposited into the fine and forfeiture clerk’s Public
  239  Records Modernization Trust fund to be used exclusively for
  240  additional clerk court-related functions, as provided in s.
  241  28.35(3)(a) operational needs and program enhancements.
  242         Section 5. Subsection (5) is added to section 40.29,
  243  Florida Statutes, to read:
  244         40.29 Payment of due-process costs.—
  245         (5) The Justice Administrative Commission shall provide
  246  funds to the clerks of the court to compensate jurors, to pay
  247  for meals or lodging provided to jurors, and to pay for jury
  248  related personnel costs as provided in this section. Each clerk
  249  of the court shall forward to the Justice Administrative
  250  Commission a quarterly estimate of funds necessary to compensate
  251  jurors and pay for meals or lodging provided to jurors during
  252  the upcoming quarter. The Florida Clerks of Court Operations
  253  Corporation shall forward to the Justice Administrative
  254  Commission a quarterly estimate of the amount necessary to
  255  reimburse each clerk of the court for its personnel and other
  256  costs related to jury management. Upon receipt of such
  257  estimates, the Justice Administrative Commission shall determine
  258  the amount deemed necessary for payment to the clerks of the
  259  court during the upcoming quarter and submit a request for
  260  payment to the Chief Financial Officer. If the Justice
  261  Administrative Commission believes that the amount appropriated
  262  by the Legislature is insufficient to meet such costs during the
  263  remaining part of the state fiscal year, the commission may
  264  apportion the funds appropriated in the General Appropriations
  265  Act for those purposes among the several counties, basing the
  266  apportionment upon the amount expended for such purposes in each
  267  county during the prior fiscal year, in which case, the Chief
  268  Financial Officer shall issue the appropriate apportioned amount
  269  by warrant to each county. The clerks of the court are
  270  responsible for any compensation to jurors, for payments for
  271  meals or lodging provided to jurors, and for jury-related
  272  personnel costs that exceed the funding provided in the General
  273  Appropriations Act for these purposes.
  274         Section 6. Paragraph (a) of subsection (8) and paragraph
  275  (a) of subsection (15) of section 318.18, Florida Statutes, are
  276  amended to read:
  277         318.18 Amount of penalties.—The penalties required for a
  278  noncriminal disposition pursuant to s. 318.14 or a criminal
  279  offense listed in s. 318.17 are as follows:
  280         (8)(a) Any person who fails to comply with the court’s
  281  requirements or who fails to pay the civil penalties specified
  282  in this section within the 30-day period provided for in s.
  283  318.14 must pay an additional civil penalty of $16, $6.50 of
  284  which must be deposited into the fine and forfeiture fund
  285  established pursuant to s. 142.01 remitted to the Department of
  286  Revenue for deposit in the General Revenue Fund, and $9.50 of
  287  which must be remitted to the Department of Revenue for deposit
  288  in the Highway Safety Operating Trust Fund. Of this additional
  289  civil penalty of $16, $4 is not revenue for purposes of s. 28.36
  290  and may not be used in establishing the budget of the clerk of
  291  the court under that section or s. 28.35. The department shall
  292  contract with the Florida Association of Court Clerks, Inc., to
  293  design, establish, operate, upgrade, and maintain an automated
  294  statewide Uniform Traffic Citation Accounting System to be
  295  operated by the clerks of the court which shall include, but not
  296  be limited to, the accounting for traffic infractions by type, a
  297  record of the disposition of the citations, and an accounting
  298  system for the fines assessed and the subsequent fine amounts
  299  paid to the clerks of the court. On or before December 1, 2001,
  300  The clerks of the court shall must provide the information
  301  required by this chapter to be transmitted to the department by
  302  electronic transmission pursuant to the contract.
  303         (15)(a)1. One hundred and fifty-eight dollars for a
  304  violation of s. 316.074(1) or s. 316.075(1)(c)1. when a driver
  305  has failed to stop at a traffic signal and when enforced by a
  306  law enforcement officer. Sixty dollars shall be distributed as
  307  provided in s. 318.21, $30 shall be deposited into the fine and
  308  forfeiture fund established pursuant to s. 142.01 distributed to
  309  the General Revenue Fund, $3 shall be remitted to the Department
  310  of Revenue for deposit into the Brain and Spinal Cord Injury
  311  Trust Fund, and the remaining $65 shall be remitted to the
  312  Department of Revenue for deposit into the Emergency Medical
  313  Services Trust Fund of the Department of Health.
  314         2. One hundred and fifty-eight dollars for a violation of
  315  s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  316  stop at a traffic signal and when enforced by the department’s
  317  traffic infraction enforcement officer. One hundred dollars
  318  shall be remitted to the Department of Revenue for deposit into
  319  the General Revenue Fund, $45 shall be distributed to the county
  320  for any violations occurring in any unincorporated areas of the
  321  county or to the municipality for any violations occurring in
  322  the incorporated boundaries of the municipality in which the
  323  infraction occurred, $10 shall be remitted to the Department of
  324  Revenue for deposit into the Department of Health Emergency
  325  Medical Services Trust Fund for distribution as provided in s.
  326  395.4036(1), and $3 shall be remitted to the Department of
  327  Revenue for deposit into the Brain and Spinal Cord Injury Trust
  328  Fund.
  329         3. One hundred and fifty-eight dollars for a violation of
  330  s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  331  stop at a traffic signal and when enforced by a county’s or
  332  municipality’s traffic infraction enforcement officer. Seventy
  333  five dollars shall be distributed to the county or municipality
  334  issuing the traffic citation, $70 shall be remitted to the
  335  Department of Revenue for deposit into the General Revenue Fund,
  336  $10 shall be remitted to the Department of Revenue for deposit
  337  into the Department of Health Emergency Medical Services Trust
  338  Fund for distribution as provided in s. 395.4036(1), and $3
  339  shall be remitted to the Department of Revenue for deposit into
  340  the Brain and Spinal Cord Injury Trust Fund.
  341         Section 7. Paragraphs (a) and (f) of subsection (2) of
  342  section 318.21, Florida Statutes, are amended to read:
  343         318.21 Disposition of civil penalties by county courts.—All
  344  civil penalties received by a county court pursuant to the
  345  provisions of this chapter shall be distributed and paid monthly
  346  as follows:
  347         (2) Of the remainder:
  348         (a) Ten Twenty and six-tenths percent shall be remitted to
  349  the Department of Revenue for deposit into the General Revenue
  350  Fund of the state, except that the first $300,000 shall be
  351  deposited into the Grants and Donations Trust Fund in the
  352  Justice Administrative Commission for administrative costs,
  353  training costs, and costs associated with the implementation and
  354  maintenance of Florida foster care citizen review panels in a
  355  constitutional charter county as provided for in s. 39.702.
  356         (f) Ten and five-tenths percent shall be deposited into the
  357  fine and forfeiture fund established pursuant to s. 142.01 paid
  358  to the clerk of the court for administrative costs.
  359         Section 8. Subsection (1) of section 775.083, Florida
  360  Statutes, is amended to read:
  361         775.083 Fines.—
  362         (1) A person who has been convicted of an offense other
  363  than a capital felony may be sentenced to pay a fine in addition
  364  to any punishment described in s. 775.082; when specifically
  365  authorized by statute, he or she may be sentenced to pay a fine
  366  in lieu of any punishment described in s. 775.082. A person who
  367  has been convicted of a noncriminal violation may be sentenced
  368  to pay a fine. Fines for designated crimes and for noncriminal
  369  violations shall not exceed:
  370         (a) $15,000, when the conviction is of a life felony.
  371         (b) $10,000, when the conviction is of a felony of the
  372  first or second degree.
  373         (c) $5,000, when the conviction is of a felony of the third
  374  degree.
  375         (d) $1,000, when the conviction is of a misdemeanor of the
  376  first degree.
  377         (e) $500, when the conviction is of a misdemeanor of the
  378  second degree or a noncriminal violation.
  379         (f) Any higher amount equal to double the pecuniary gain
  380  derived from the offense by the offender or double the pecuniary
  381  loss suffered by the victim.
  382         (g) Any higher amount specifically authorized by statute.
  383  
  384  Fines imposed in this subsection shall be deposited by the clerk
  385  of the court in the fine and forfeiture fund established
  386  pursuant to s. 142.01, except that the clerk shall remit fines
  387  imposed when adjudication is withheld to the Department of
  388  Revenue for deposit in the General Revenue Fund. If a defendant
  389  is unable to pay a fine, the court may defer payment of the fine
  390  to a date certain. As used in this subsection, the term
  391  “convicted” or “conviction” means a determination of guilt which
  392  is the result of a trial or the entry of a plea of guilty or
  393  nolo contendere, regardless of whether adjudication is withheld.
  394         Section 9. This act shall take effect upon becoming a law.