Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 1470
       
       
       
       
       
       
                                Ì130376/Î130376                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/27/2024           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Appropriations (Hutson) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (b) of subsection (7) of section
    6  27.52, Florida Statutes, is amended to read:
    7         27.52 Determination of indigent status.—
    8         (7) FINANCIAL DISCREPANCIES; FRAUD; FALSE INFORMATION.—
    9         (b) If the court has reason to believe that any applicant,
   10  through fraud or misrepresentation, was improperly determined to
   11  be indigent or indigent for costs, the matter shall be referred
   12  to the state attorney. Twenty-five percent of any amount
   13  recovered by the state attorney as reasonable value of the
   14  services rendered, including fees, charges, and costs paid by
   15  the state on the person’s behalf, shall be remitted to the
   16  Department of Revenue for deposit into the Grants and Donations
   17  Trust Fund of the applicable state attorney within the Justice
   18  Administrative Commission. Seventy-five percent of any amount
   19  recovered shall be remitted to the Department of Revenue for
   20  deposit into the General Revenue Fund.
   21         Section 2. Paragraph (c) of subsection (2) of section
   22  27.54, Florida Statutes, is amended to read:
   23         27.54 Limitation on payment of expenditures other than by
   24  the state.—
   25         (2) A county or municipality may contract with, or
   26  appropriate or contribute funds to, the operation of the offices
   27  of the various public defenders and regional counsels counsel as
   28  provided in this subsection. A public defender or regional
   29  counsel defending violations of special laws or county or
   30  municipal ordinances punishable by incarceration and not
   31  ancillary to a state charge shall contract with counties and
   32  municipalities to recover the full cost of services rendered on
   33  an hourly basis or reimburse the state for the full cost of
   34  assigning one or more full-time equivalent attorney positions to
   35  work on behalf of the county or municipality. Notwithstanding
   36  any other provision of law, in the case of a county with a
   37  population of less than 75,000, the public defender or regional
   38  counsel shall contract for full reimbursement, or for
   39  reimbursement as the parties otherwise agree. In local ordinance
   40  violation cases, the county or municipality shall pay for due
   41  process services that are approved by the court, including
   42  deposition costs, deposition transcript costs, investigative
   43  costs, witness fees, expert witness costs, and interpreter
   44  costs. The person charged with the violation shall be assessed a
   45  fee for the services of a public defender or regional counsel
   46  and other costs and fees paid by the county or municipality,
   47  which assessed fee may be reduced to a lien, in all instances in
   48  which the person enters a plea of guilty or no contest or is
   49  found to be in violation or guilty of any count or lesser
   50  included offense of the charge or companion case charges,
   51  regardless of adjudication. The court shall determine the amount
   52  of the obligation. The county or municipality may recover
   53  assessed fees through collections court or as otherwise
   54  permitted by law, and any fees recovered pursuant to this
   55  section shall be forwarded to the applicable county or
   56  municipality as reimbursement.
   57         (c) Any payments received pursuant to this subsection shall
   58  be deposited into the Grants and Donations Trust Fund of within
   59  the applicable public defender or criminal conflict and civil
   60  regional counsel Justice Administrative Commission for
   61  appropriation by the Legislature.
   62         Section 3. Subsection (2) of section 27.703, Florida
   63  Statutes, is amended to read:
   64         27.703 Conflict of interest and substitute counsel.—
   65         (2) Appointed counsel shall be paid from funds appropriated
   66  to the Justice Administrative Commission Chief Financial
   67  Officer. The hourly rate may not exceed $100. However, all
   68  appointments of private counsel under this section shall be in
   69  accordance with ss. 27.710 and 27.711.
   70         Section 4. Paragraph (a) of subsection (3) of section
   71  28.35, Florida Statutes, is amended to read:
   72         28.35 Florida Clerks of Court Operations Corporation.—
   73         (3)(a) The list of court-related functions that clerks may
   74  fund from filing fees, service charges, court costs, and fines
   75  is limited to those functions expressly authorized by law or
   76  court rule. Those functions include the following: case
   77  maintenance; records management; court preparation and
   78  attendance; processing the assignment, reopening, and
   79  reassignment of cases; processing of appeals; collection and
   80  distribution of fines, fees, service charges, and court costs;
   81  processing of bond forfeiture payments; data collection and
   82  reporting; determinations of indigent status; improving court
   83  technology; and paying reasonable administrative support costs
   84  to enable the clerk of the court to carry out these court
   85  related functions.
   86         Section 5. Paragraph (d) of subsection (1) of section
   87  34.041, Florida Statutes, is amended to read:
   88         34.041 Filing fees.—
   89         (1)
   90         (d) The clerk of court shall collect a service charge of
   91  $10 for issuing a summons or an electronic certified copy of a
   92  summons, which the clerk shall deposit into the fine and
   93  forfeiture fund established pursuant to s. 142.01 remit to the
   94  Department of Revenue for deposit into the General Revenue Fund.
   95  The clerk shall assess the fee against the party seeking to have
   96  the summons issued.
   97         Section 6. Paragraph (b) of subsection (7) of section
   98  57.082, Florida Statutes, is amended to read:
   99         57.082 Determination of civil indigent status.—
  100         (7) FINANCIAL DISCREPANCIES; FRAUD; FALSE INFORMATION.—
  101         (b) If the court has reason to believe that any applicant,
  102  through fraud or misrepresentation, was improperly determined to
  103  be indigent, the matter shall be referred to the state attorney.
  104  Twenty-five percent of any amount recovered by the state
  105  attorney as reasonable value of the services rendered, including
  106  fees, charges, and costs paid by the state on the person’s
  107  behalf, shall be remitted to the Department of Revenue for
  108  deposit into the Grants and Donations Trust Fund of within the
  109  applicable state attorney Justice Administrative Commission.
  110  Seventy-five percent of any amount recovered shall be remitted
  111  to the Department of Revenue for deposit into the General
  112  Revenue Fund.
  113         Section 7. Paragraph (d) of subsection (4) of section
  114  110.112, Florida Statutes, is amended to read:
  115         110.112 Affirmative action; equal employment opportunity.—
  116         (4) Each state attorney and public defender shall:
  117         (d)Report annually to the Justice Administrative
  118  Commission on the implementation, continuance, updating, and
  119  results of his or her affirmative action program for the
  120  previous fiscal year.
  121         Section 8. Subsection (6) of section 186.003, Florida
  122  Statutes, is amended to read:
  123         186.003 Definitions; ss. 186.001-186.031, 186.801-186.901.
  124  As used in ss. 186.001-186.031 and 186.801-186.901, the term:
  125         (6) “State agency” or “agency” means any official, officer,
  126  commission, board, authority, council, committee, or department
  127  of the executive branch of state government. For purposes of
  128  this chapter, “state agency” or “agency” includes state
  129  attorneys, public defenders, the capital collateral regional
  130  counsel, the Justice Administrative Commission, and the Public
  131  Service Commission.
  132         Section 9. Subsection (18) of section 318.18, Florida
  133  Statutes, is amended to read:
  134         318.18 Amount of penalties.—The penalties required for a
  135  noncriminal disposition pursuant to s. 318.14 or a criminal
  136  offense listed in s. 318.17 are as follows:
  137         (18) In addition to any penalties imposed, an
  138  administrative fee of $12.50 must be paid for all noncriminal
  139  moving and nonmoving violations under chapters 316, 320, and
  140  322. Of this administrative fee, $6.25 must be deposited into
  141  the Public Records Modernization Trust Fund and used exclusively
  142  for funding court-related technology needs of the clerk, as
  143  described in s. 29.008(1)(f)2. and (h), and $6.25 must be
  144  deposited into the fine and forfeiture fund established pursuant
  145  to s. 142.01 The clerk shall remit the administrative fee to the
  146  Department of Revenue for deposit into the General Revenue Fund.
  147         Section 10. Section 322.76, Florida Statutes, is created to
  148  read:
  149         322.76Miami-Dade County Clerk of Court Driver License
  150  Reinstatement Pilot Program.—There is created in Miami-Dade
  151  County the Clerk of Court Driver License Reinstatement Pilot
  152  Program.
  153         (1)As used in this section, the term “clerk” means the
  154  clerk of the circuit court for Miami-Dade County.
  155         (2)Notwithstanding any other provision to the contrary in
  156  this chapter, the clerk may reinstate or provide an affidavit to
  157  the department to reinstate a suspended driver license:
  158         (a)For a person’s failure to fulfill a court-ordered child
  159  support obligation.
  160         (b)As a result of the end of suspension because of points,
  161  under s. 322.27, notwithstanding hardship license.
  162         (c)For failure to comply with any provision of chapter 318
  163  or this chapter.
  164         (3)Notwithstanding s. 322.29(1), an examination is not
  165  required for the reinstatement of a driver license suspended
  166  under s. 318.15 or s. 322.245 unless an examination is otherwise
  167  required by this chapter. A person applying for the
  168  reinstatement of a driver license suspended under s. 318.15 or
  169  s. 322.245 must present to the clerk certification from the
  170  court that he or she has either complied with all obligations
  171  and penalties imposed pursuant to s. 318.15 or with all
  172  directives of the court and the requirements of s. 322.245.
  173         (4)A nonrefundable service fee must be paid pursuant to s.
  174  322.29(2).
  175         (5)Before July 1, 2024, the department shall work with the
  176  clerk, through its association, to ensure the ability within its
  177  technology system for the clerk to reinstate suspended driver
  178  licenses under the pilot program, to begin on July 1, 2024.
  179         (6)By December 31, 2025, the clerk must submit to the
  180  Governor, the President of the Senate, the Speaker of the House
  181  of Representatives, and the executive director of the Florida
  182  Clerks of Court Operations Corporation a report containing the
  183  following information:
  184         (a)Number of driver license reinstatements.
  185         (b)Amount of fees and costs collected, including the
  186  aggregate funds received by the clerk, local governmental
  187  entities, and state entities, including the General Revenue
  188  Fund.
  189         (c)The personnel, operating, and other expenditures
  190  incurred by the clerk.
  191         (d)Feedback received from the community, if any, in
  192  response to the clerk’s participation in the pilot program.
  193         (e)Whether the pilot program led to improved timeliness
  194  for the reinstatement of driver licenses.
  195         (f)The clerk’s recommendation as to whether the pilot
  196  program should be extended in Miami-Dade County or to other
  197  clerks’ offices.
  198         (g)Any other information the clerk deems necessary.
  199         (7)This section is repealed on July 1, 2026.
  200         Section 11. Subsection (1) of section 501.2101, Florida
  201  Statutes, is amended to read:
  202         501.2101 Enforcing authorities; moneys received in certain
  203  proceedings.—
  204         (1) Any moneys received by an enforcing authority for
  205  attorney attorney’s fees and costs of investigation or
  206  litigation in proceedings brought under the provisions of s.
  207  501.207, s. 501.208, or s. 501.211 shall be deposited as
  208  received in the Legal Affairs Revolving Trust Fund if the action
  209  is brought by the Department of Legal Affairs, and in the Grants
  210  and Donations Consumer Frauds Trust Fund of a state attorney the
  211  Justice Administrative Commission if the action is brought by
  212  the a state attorney.
  213         Section 12. This act shall take effect upon becoming a law.
  214  
  215  ================= T I T L E  A M E N D M E N T ================
  216  And the title is amended as follows:
  217         Delete everything before the enacting clause
  218  and insert:
  219                        A bill to be entitled                      
  220         An act relating to clerks of court; amending s. 27.52,
  221         F.S.; revising the fund into which moneys recovered by
  222         certain state attorneys must be deposited; amending s.
  223         27.54, F.S.; revising the fund into which certain
  224         payments received must be deposited as related to
  225         public defenders or criminal conflict and civil
  226         regional counsels; amending s. 27.703, F.S.; revising
  227         the entity that funds the capital collateral regional
  228         counsel; amending s. 28.35, F.S.; revising the list of
  229         court-related functions that clerks may fund from
  230         filing fees, service charges, court costs, and fines;
  231         amending s. 34.041, F.S.; revising the fund into which
  232         certain filing fees are to be deposited; amending s.
  233         57.082, F.S.; conforming provisions to changes made by
  234         the act; amending s. 110.112, F.S.; removing a
  235         provision requiring each state attorney to publish an
  236         annual report addressing results of his or her
  237         affirmative action program; amending s. 186.003, F.S.;
  238         revising the definition of the term “state agency” for
  239         certain purposes; amending s. 318.18, F.S.; revising
  240         the distribution of certain administrative fees;
  241         creating s. 322.76, F.S.; creating the Clerk of the
  242         Court Driver License Reinstatement Pilot Program;
  243         authorizing the clerk of the circuit court for Miami
  244         Dade County to reinstate or provide an affidavit to
  245         the department to reinstate certain suspended driver
  246         licenses; establishing requirements for the clerk
  247         under the program to be performed by a date certain;
  248         providing for expiration of the program; amending s.
  249         501.2101, F.S.; revising the funds into which certain
  250         moneys received by state attorneys must be deposited;
  251         providing an effective date.