Florida Senate - 2024 COMMITTEE AMENDMENT
Bill No. SB 1470
Ì366502}Î366502
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
01/29/2024 .
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The Committee on Judiciary (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 (1) of section
71 28.241, Florida Statutes, is amended to read:
72 28.241 Filing fees for trial and appellate proceedings.—
73 (1) Filing fees are due at the time a party files a
74 pleading to initiate a proceeding or files a pleading for
75 relief. Reopen fees are due at the time a party files a pleading
76 to reopen a proceeding if at least 90 days have elapsed since
77 the filing of a final order or final judgment with the clerk. If
78 a fee is not paid upon the filing of the pleading as required
79 under this section, the clerk shall pursue collection of the fee
80 pursuant to s. 28.246.
81 (a)1.a. Except as provided in sub-subparagraph b. and
82 subparagraph 2., the party instituting any civil action, suit,
83 or proceeding in the circuit court shall pay to the clerk of
84 that court a filing fee of up to $395 in all cases in which
85 there are not more than five defendants and an additional filing
86 fee of up to $2.50, from which the clerk shall remit $0.50 to
87 the Department of Revenue for deposit into the General Revenue
88 Fund, for each defendant in excess of five. Of the first $200 in
89 filing fees, $195 must be remitted to the Department of Revenue
90 for deposit into the State Courts Revenue Trust Fund, $4 must be
91 remitted to the Department of Revenue for deposit into the
92 Administrative Trust Fund within the Department of Financial
93 Services and used to fund the contract with the Florida Clerks
94 of Court Operations Corporation created in s. 28.35, and $1 must
95 be remitted to the Department of Revenue for deposit into the
96 Administrative Trust Fund within the Department of Financial
97 Services to fund audits of individual clerks’ court-related
98 expenditures conducted by the Department of Financial Services.
99 b. The party instituting any civil action, suit, or
100 proceeding in the circuit court under chapter 39, chapter 61,
101 chapter 741, chapter 742, chapter 747, chapter 752, or chapter
102 753 shall pay to the clerk of that court a filing fee of up to
103 $295 in all cases in which there are not more than five
104 defendants and an additional filing fee of up to $2.50 for each
105 defendant in excess of five. Of the first $100 in filing fees,
106 $95 must be remitted to the Department of Revenue for deposit
107 into the State Courts Revenue Trust Fund, $4 must be remitted to
108 the Department of Revenue for deposit into the Administrative
109 Trust Fund within the Department of Financial Services and used
110 to fund the contract with the Florida Clerks of Court Operations
111 Corporation created in s. 28.35, and $1 must be remitted to the
112 Department of Revenue for deposit into the Administrative Trust
113 Fund within the Department of Financial Services to fund audits
114 of individual clerks’ court-related expenditures conducted by
115 the Department of Financial Services.
116 c. An additional filing fee of $4 shall be paid to the
117 clerk. The clerk shall remit $3.50 to the Department of Revenue
118 for deposit into the Court Education Trust Fund and shall remit
119 50 cents to the Department of Revenue for deposit into the
120 Administrative Trust Fund within the Department of Financial
121 Services to fund clerk education provided by the Florida Clerks
122 of Court Operations Corporation. An additional filing fee of up
123 to $18 shall be paid by the party seeking each severance that is
124 granted, from which the clerk shall remit $3 to the Department
125 of Revenue for deposit into the General Revenue Fund. The clerk
126 may impose an additional filing fee of up to $85, from which the
127 clerk shall remit $10 to the Department of Revenue for deposit
128 into the General Revenue Fund, for all proceedings of
129 garnishment, attachment, replevin, and distress. Postal charges
130 incurred by the clerk of the circuit court in making service by
131 certified or registered mail on defendants or other parties
132 shall be paid by the party at whose instance service is made.
133 Additional fees, charges, or costs may not be added to the
134 filing fees imposed under this section, except as authorized in
135 this section or by general law.
136 2.a. Notwithstanding the fees prescribed in subparagraph
137 1., a party instituting a civil action in circuit court relating
138 to real property or mortgage foreclosure shall pay a graduated
139 filing fee based on the value of the claim.
140 b. A party shall estimate in writing the amount in
141 controversy of the claim upon filing the action. For purposes of
142 this subparagraph, the value of a mortgage foreclosure action is
143 based upon the principal due on the note secured by the
144 mortgage, plus interest owed on the note and any moneys advanced
145 by the lender for property taxes, insurance, and other advances
146 secured by the mortgage, at the time of filing the foreclosure.
147 The value shall also include the value of any tax certificates
148 related to the property. In stating the value of a mortgage
149 foreclosure claim, a party shall declare in writing the total
150 value of the claim, as well as the individual elements of the
151 value as prescribed in this sub-subparagraph.
152 c. In its order providing for the final disposition of the
153 matter, the court shall identify the actual value of the claim.
154 The clerk shall adjust the filing fee if there is a difference
155 between the estimated amount in controversy and the actual value
156 of the claim and collect any additional filing fee owed or
157 provide a refund of excess filing fee paid.
158 d. The party shall pay a filing fee of:
159 (I) Three hundred and ninety-five dollars in all cases in
160 which the value of the claim is $50,000 or less and in which
161 there are not more than five defendants. The party shall pay an
162 additional filing fee of up to $2.50 for each defendant in
163 excess of five. Of the first $200 in filing fees, $195 must be
164 remitted by the clerk to the Department of Revenue for deposit
165 into the General Revenue Fund, $4 must be remitted to the
166 Department of Revenue for deposit into the Administrative Trust
167 Fund within the Department of Financial Services and used to
168 fund the contract with the Florida Clerks of Court Operations
169 Corporation created in s. 28.35, and $1 must be remitted to the
170 Department of Revenue for deposit into the Administrative Trust
171 Fund within the Department of Financial Services to fund audits
172 of individual clerks’ court-related expenditures conducted by
173 the Department of Financial Services;
174 (II) Nine hundred dollars in all cases in which the value
175 of the claim is more than $50,000 but less than $250,000 and in
176 which there are not more than five defendants. The party shall
177 pay an additional filing fee of up to $2.50 for each defendant
178 in excess of five. Of the first $355 in filing fees, $350 must
179 be remitted by the clerk to the Department of Revenue for
180 deposit into the General Revenue Fund, $4 must be remitted to
181 the Department of Revenue for deposit into the Administrative
182 Trust Fund within the Department of Financial Services and used
183 to fund the contract with the Florida Clerks of Court Operations
184 Corporation created in s. 28.35, and $1 must be remitted to the
185 Department of Revenue for deposit into the Administrative Trust
186 Fund within the Department of Financial Services to fund audits
187 of individual clerks’ court-related expenditures conducted by
188 the Department of Financial Services; or
189 (III) One thousand nine hundred dollars in all cases in
190 which the value of the claim is $250,000 or more and in which
191 there are not more than five defendants. The party shall pay an
192 additional filing fee of up to $2.50 for each defendant in
193 excess of five. Of the first $1,240 $1,705 in filing fees, $465
194 $930 must be remitted by the clerk to the Department of Revenue
195 for deposit into the General Revenue Fund, $770 must be remitted
196 to the Department of Revenue for deposit into the State Courts
197 Revenue Trust Fund, $4 must be remitted to the Department of
198 Revenue for deposit into the Administrative Trust Fund within
199 the Department of Financial Services to fund the contract with
200 the Florida Clerks of Court Operations Corporation created in s.
201 28.35, and $1 must be remitted to the Department of Revenue for
202 deposit into the Administrative Trust Fund within the Department
203 of Financial Services to fund audits of individual clerks’
204 court-related expenditures conducted by the Department of
205 Financial Services.
206 e. An additional filing fee of $4 shall be paid to the
207 clerk. The clerk shall remit $3.50 to the Department of Revenue
208 for deposit into the Court Education Trust Fund and shall remit
209 50 cents to the Department of Revenue for deposit into the
210 Administrative Trust Fund within the Department of Financial
211 Services to fund clerk education provided by the Florida Clerks
212 of Court Operations Corporation. An additional filing fee of up
213 to $18 shall be paid by the party seeking each severance that is
214 granted. The clerk may impose an additional filing fee of up to
215 $85 for all proceedings of garnishment, attachment, replevin,
216 and distress. Postal charges incurred by the clerk of the
217 circuit court in making service by certified or registered mail
218 on defendants or other parties shall be paid by the party at
219 whose instance service is made. Additional fees, charges, or
220 costs may not be added to the filing fees imposed under this
221 section, except as authorized in this section or by general law.
222 Section 5. Paragraph (i) of subsection (2) and paragraph
223 (a) of subsection (3) of section 28.35, Florida Statutes, are
224 amended, and paragraph (j) is added to subsection (2) of that
225 section, to read:
226 28.35 Florida Clerks of Court Operations Corporation.—
227 (2) The duties of the corporation shall include the
228 following:
229 (i) Annually preparing a budget request which,
230 notwithstanding the provisions of chapter 216 and in accordance
231 with s. 216.351, provides the anticipated amount necessary for
232 reimbursement pursuant to s. 40.29(6) and (7). The request for
233 the anticipated reimbursement amount shall be submitted in the
234 form and manner prescribed by the Justice Administrative
235 Commission. Such request is not subject to change by the Justice
236 Administrative Commission, except for technical changes
237 necessary to conform to the legislative budget instructions, and
238 shall be submitted to the Governor for transmittal to the
239 Legislature.
240 (j) Annually preparing a budget request that,
241 notwithstanding the provisions of chapter 216 and in accordance
242 with s. 216.351, provides the anticipated amount necessary to
243 fund increases in employer contribution rates pursuant to ss.
244 121.71 and 121.72 for court-related employees participating in
245 the Florida Retirement System. The request for the anticipated
246 appropriation must be submitted in the form and manner
247 prescribed by the Justice Administrative Commission. The budget
248 request may not be changed by the Justice Administrative
249 Commission, except for technical changes necessary to conform to
250 the legislative budget instructions, and must be submitted to
251 the Governor for transmittal to the Legislature.
252 (3)(a) The list of court-related functions that clerks may
253 fund from filing fees, service charges, court costs, and fines
254 is limited to those functions expressly authorized by law or
255 court rule. Those functions include the following: case
256 maintenance; records management; court preparation and
257 attendance; processing the assignment, reopening, and
258 reassignment of cases; processing of appeals; collection and
259 distribution of fines, fees, service charges, and court costs;
260 processing of bond forfeiture payments; data collection and
261 reporting; determinations of indigent status; improving court
262 technology; and paying reasonable administrative support costs
263 to enable the clerk of the court to carry out these court
264 related functions.
265 Section 6. Paragraph (b) subsection (4) of section 28.37,
266 Florida Statutes, is amended to read:
267 28.37 Fines, fees, service charges, and costs remitted to
268 the state.—
269 (4)
270 (b) No later than February 1 annually, 2022, and each
271 February 1 thereafter, the Florida Clerks of Court Operations
272 Corporation must calculate Department of Revenue shall transfer
273 50 percent of the cumulative excess, which of the original
274 revenue projection from the Clerks of the Court Trust Fund to
275 the General Revenue Fund. The remaining 50 percent in the Clerks
276 of the Court Trust Fund may be used in the development of the
277 total combined budgets of the clerks of the court as provided in
278 s. 28.35(2)(f)6. However, A minimum of 10 percent of the clerk
279 retained portion of the cumulative excess amount must be held in
280 reserve until such funds reach an amount equal to at least 16
281 percent of the total budget authority from the current county
282 fiscal year, as provided in s. 28.36(3)(a).
283 Section 7. Paragraphs (c) and (d) of subsection (1) of
284 section 34.041, Florida Statutes, are amended to read:
285 34.041 Filing fees.—
286 (1)
287 (c) A party in addition to a party described in paragraph
288 (a) who files a pleading in an original civil action in the
289 county court for affirmative relief by cross-claim,
290 counterclaim, counterpetition, or third-party complaint, or who
291 files a notice of cross-appeal or notice of joinder or motion to
292 intervene as an appellant, cross-appellant, or petitioner, shall
293 pay the clerk of court a fee of $295 if the relief sought by the
294 party under this paragraph exceeds $2,500 but is not more than
295 $15,000 and $395 if the relief sought by the party under this
296 paragraph exceeds $15,000. The clerk shall deposit remit the fee
297 if the relief sought by the party under this paragraph exceeds
298 $2,500 but is not more than $15,000 to the Department of Revenue
299 for deposit into the fine and forfeiture fund established
300 pursuant to s. 142.01 General Revenue Fund. This fee does not
301 apply if the cross-claim, counterclaim, counterpetition, or
302 third-party complaint requires transfer of the case from county
303 to circuit court. However, the party shall pay to the clerk the
304 standard filing fee for the court to which the case is to be
305 transferred.
306 (d) The clerk of court shall collect a service charge of
307 $10 for issuing a summons or an electronic certified copy of a
308 summons, which the clerk shall deposit into the fine and
309 forfeiture fund established pursuant to s. 142.01 remit to the
310 Department of Revenue for deposit into the General Revenue Fund.
311 The clerk shall assess the fee against the party seeking to have
312 the summons issued.
313 Section 8. Subsection (6) of section 40.29, Florida
314 Statutes, is amended, and subsections (7) and (8) are added to
315 that section, to read:
316 40.29 Payment of due-process costs; reimbursement for
317 petitions, and orders, and waived civil filing fees for
318 indigency; payment of Florida Retirement System costs for court
319 related employees.—
320 (6) Subject to legislative appropriation, the Florida
321 Clerks of Court Operations Corporation clerk of the circuit
322 court may, on behalf of the clerks of the circuit court, on a
323 quarterly basis, submit to the Justice Administrative Commission
324 a certified request for reimbursement for petitions and orders
325 filed under ss. 394.459, 394.463, 394.467, 394.917, and
326 397.6814, at the rate of $40 per petition or order and for
327 orders filed under ss. 741.30, 784.046, and 784.0485, the
328 Florida Clerks of Court Operations Corporation may, on a
329 quarterly basis, submit a request for reimbursement at the rate
330 of $195 per petition. From this reimbursement, the clerk of the
331 court receiving reimbursement must pay any law enforcement
332 agency serving injunctions a fee not to exceed $40 per
333 injunction, if so requested by the law enforcement agency. Such
334 request for reimbursement shall be submitted in the form and
335 manner prescribed by the Justice Administrative Commission
336 pursuant to s. 28.35(2)(i).
337 (7) Subject to legislative appropriation, the Florida
338 Clerks of Court Operations Corporation may, on a quarterly
339 basis, submit to the Justice Administrative Commission a
340 certified request for reimbursement for approved applications
341 for civil indigency under s. 57.082, in which the civil filing
342 fee has been waived, at the rate of $195 per approved
343 application. The request for reimbursement shall be submitted in
344 the form and manner prescribed by the Justice Administrative
345 Commission pursuant to s. 28.35(2)(i).
346 (8) Subject to legislative appropriation, the Florida
347 Clerks of Court Operations Corporation must submit to the
348 Justice Administrative Commission a certified amount by county
349 of the employer contribution rate increases for the Florida
350 Retirement System for court-related employees.
351 Section 9. Paragraph (b) of subsection (7) of section
352 57.082, Florida Statutes, is amended to read:
353 57.082 Determination of civil indigent status.—
354 (7) FINANCIAL DISCREPANCIES; FRAUD; FALSE INFORMATION.—
355 (b) If the court has reason to believe that any applicant,
356 through fraud or misrepresentation, was improperly determined to
357 be indigent, the matter shall be referred to the state attorney.
358 Twenty-five percent of any amount recovered by the state
359 attorney as reasonable value of the services rendered, including
360 fees, charges, and costs paid by the state on the person’s
361 behalf, shall be remitted to the Department of Revenue for
362 deposit into the Grants and Donations Trust Fund of within the
363 applicable state attorney Justice Administrative Commission.
364 Seventy-five percent of any amount recovered shall be remitted
365 to the Department of Revenue for deposit into the General
366 Revenue Fund.
367 Section 10. Paragraph (d) of subsection (4) of section
368 110.112, Florida Statutes, is amended to read:
369 110.112 Affirmative action; equal employment opportunity.—
370 (4) Each state attorney and public defender shall:
371 (d) Report annually to the Justice Administrative
372 Commission on the implementation, continuance, updating, and
373 results of his or her affirmative action program for the
374 previous fiscal year.
375 Section 11. Subsection (6) of section 186.003, Florida
376 Statutes, is amended to read:
377 186.003 Definitions; ss. 186.001-186.031, 186.801-186.901.
378 As used in ss. 186.001-186.031 and 186.801-186.901, the term:
379 (6) “State agency” or “agency” means any official, officer,
380 commission, board, authority, council, committee, or department
381 of the executive branch of state government. For purposes of
382 this chapter, “state agency” or “agency” includes state
383 attorneys, public defenders, the capital collateral regional
384 counsel, the Justice Administrative Commission, and the Public
385 Service Commission.
386 Section 12. Paragraph (a) of subsection (8) and subsection
387 (18) of section 318.18, Florida Statutes, are amended to read:
388 318.18 Amount of penalties.—The penalties required for a
389 noncriminal disposition pursuant to s. 318.14 or a criminal
390 offense listed in s. 318.17 are as follows:
391 (8)(a) Any person who fails to comply with the court’s
392 requirements or who fails to pay the civil penalties specified
393 in this section within the 30-day period provided for in s.
394 318.14 must pay an additional civil penalty of $16, $1.50 $6.50
395 of which must be remitted to the Department of Revenue for
396 deposit in the General Revenue Fund, and $9.50 of which must be
397 remitted to the Department of Revenue for deposit in the Highway
398 Safety Operating Trust Fund, and $5 of which shall be retained
399 by the clerk of the court to be deposited in the Public Records
400 Modernization Trust Fund and used exclusively for funding court
401 related technology needs of the clerk, as defined in s.
402 29.008(1)(f)2. and (h). Of this additional civil penalty of $16,
403 $4 is not revenue for purposes of s. 28.36 and may not be used
404 in establishing the budget of the clerk of the court under that
405 section or s. 28.35. The department shall contract with the
406 Florida Association of Court Clerks, Inc., to design, establish,
407 operate, upgrade, and maintain an automated statewide Uniform
408 Traffic Citation Accounting System to be operated by the clerks
409 of the court which shall include, but not be limited to, the
410 accounting for traffic infractions by type, a record of the
411 disposition of the citations, and an accounting system for the
412 fines assessed and the subsequent fine amounts paid to the
413 clerks of the court. The clerks of the court must provide the
414 information required by this chapter to be transmitted to the
415 department by electronic transmission pursuant to the contract.
416 (18) In addition to any penalties imposed, an
417 administrative fee of $12.50 must be paid for all noncriminal
418 moving and nonmoving violations under chapters 316, 320, and
419 322. Of this administrative fee, $6.25 must be deposited into
420 the Public Records Modernization Trust Fund and used exclusively
421 for funding court-related technology needs of the clerk, as
422 defined in s. 29.008(1)(f)2. and (h), and $6.25 must be
423 deposited into the fine and forfeiture fund established pursuant
424 to s. 142.01 The clerk shall remit the administrative fee to the
425 Department of Revenue for deposit into the General Revenue Fund.
426 Section 13. Section 322.76, Florida Statutes, is created to
427 read:
428 322.76 Miami-Dade County Clerk of the Court Driver License
429 Reinstatement Pilot Program.—There is created in Miami-Dade
430 County the Clerk of the Court Driver License Reinstatement Pilot
431 Program.
432 (1) As used in this section, the term “clerk” means the
433 clerk of the circuit court for Miami-Dade County.
434 (2) Notwithstanding any other provision to the contrary in
435 this chapter, the clerk may reinstate or provide an affidavit to
436 the department to reinstate a suspended driver license:
437 (a) For a person who failed to fulfill a court-ordered
438 child support obligation.
439 (b) As a result of the end of suspension because of points,
440 under s. 322.27, notwithstanding the person receiving a hardship
441 waiver.
442 (c) For a person who failed to comply with any provision of
443 chapter 318 or this chapter.
444 (3) Notwithstanding s. 322.29(1), an examination is not
445 required for the reinstatement of a driver license suspended
446 under s. 318.15 or s. 322.245 unless an examination is otherwise
447 required by this chapter. A person applying for the
448 reinstatement of a driver license suspended under s. 318.15 or
449 s. 322.245 must present to the clerk certification from the
450 court that he or she has either complied with all obligations
451 and penalties imposed pursuant to s. 318.15 or with all
452 directives of the court and the requirements of s. 322.245.
453 (4) A nonrefundable service fee must be paid pursuant to s.
454 322.29(2).
455 (5) Before July 1, 2024, the department shall work with the
456 clerk, through the clerk’s association, to ensure the ability
457 within its technology system for the clerk to reinstate
458 suspended driver licenses under the pilot program, to begin on
459 July 1, 2024.
460 (6) By December 31, 2025, the clerk must submit to the
461 Governor, the President of the Senate, the Speaker of the House
462 of Representatives, and the executive director of the Florida
463 Clerks of Court Operations Corporation a report containing the
464 following information:
465 (a) Number of driver license reinstatements.
466 (b) Amount of fees and costs collected, including the
467 aggregate funds received by the clerk, local governmental
468 entities, and state entities, including the General Revenue
469 Fund.
470 (c) The personnel, operating, and other expenditures
471 incurred by the clerk.
472 (d) Feedback received from the community, if any, in
473 response to the clerk’s participation in the pilot program.
474 (e) Whether the pilot program led to improved timeliness
475 for the reinstatement of driver licenses.
476 (f) The clerk’s recommendation as to whether the pilot
477 program should be extended in Miami-Dade County or expanded to
478 other clerks’ offices.
479 (g) Any other information the clerk deems necessary.
480 (7) This section expires on July 1, 2026.
481 Section 14. Subsection (1) of section 501.2101, Florida
482 Statutes, is amended to read:
483 501.2101 Enforcing authorities; moneys received in certain
484 proceedings.—
485 (1) Any moneys received by an enforcing authority for
486 attorney attorney’s fees and costs of investigation or
487 litigation in proceedings brought under the provisions of s.
488 501.207, s. 501.208, or s. 501.211 shall be deposited as
489 received in the Legal Affairs Revolving Trust Fund if the action
490 is brought by the Department of Legal Affairs, and in the Grants
491 and Donations Consumer Frauds Trust Fund of a state attorney the
492 Justice Administrative Commission if the action is brought by
493 the a state attorney.
494 Section 15. Paragraph (a) of subsection (2) of section
495 741.30, Florida Statutes, is amended to read:
496 741.30 Domestic violence; injunction; powers and duties of
497 court and clerk; petition; notice and hearing; temporary
498 injunction; issuance of injunction; statewide verification
499 system; enforcement; public records exemption.—
500 (2)(a) Notwithstanding any other law, the assessment of a
501 filing fee for a petition for protection against domestic
502 violence is prohibited. However, subject to legislative
503 appropriation, the clerk of the circuit court may, on a
504 quarterly basis, submit to the Office of the State Courts
505 Administrator a certified request for reimbursement for
506 petitions for protection against domestic violence issued by the
507 court, at the rate of $40 per petition. The request for
508 reimbursement must be submitted in the form and manner
509 prescribed by the Office of the State Courts Administrator. From
510 this reimbursement, the clerk shall pay any law enforcement
511 agency serving the injunction the fee requested by the law
512 enforcement agency; however, this fee may not exceed $20.
513 Section 16. Paragraph (b) of subsection (3) of section
514 784.046, Florida Statutes, is amended to read:
515 784.046 Action by victim of repeat violence, sexual
516 violence, or dating violence for protective injunction; dating
517 violence investigations, notice to victims, and reporting;
518 pretrial release violations; public records exemption.—
519 (3)(b) Notwithstanding any other law, the clerk of the
520 court may not assess a fee for filing a petition for protection
521 against repeat violence, sexual violence, or dating violence.
522 However, subject to legislative appropriation, the clerk of the
523 court may, each quarter, submit to the Office of the State
524 Courts Administrator a certified request for reimbursement for
525 petitions for protection issued by the court under this section
526 at the rate of $40 per petition. The request for reimbursement
527 shall be submitted in the form and manner prescribed by the
528 Office of the State Courts Administrator. From this
529 reimbursement, the clerk shall pay the law enforcement agency
530 serving the injunction the fee requested by the law enforcement
531 agency; however, this fee may not exceed $20.
532 Section 17. Paragraph (a) of subsection (2) of section
533 784.0485, Florida Statutes, is amended to read:
534 784.0485 Stalking; injunction; powers and duties of court
535 and clerk; petition; notice and hearing; temporary injunction;
536 issuance of injunction; statewide verification system;
537 enforcement.—
538 (2)(a) Notwithstanding any other law, the clerk of court
539 may not assess a filing fee to file a petition for protection
540 against stalking. However, subject to legislative appropriation,
541 the clerk of the circuit court may, on a quarterly basis, submit
542 to the Office of the State Courts Administrator a certified
543 request for reimbursement for petitions for protection against
544 stalking issued by the court, at the rate of $40 per petition.
545 The request for reimbursement shall be submitted in the form and
546 manner prescribed by the Office of the State Courts
547 Administrator. From this reimbursement, the clerk shall pay any
548 law enforcement agency serving the injunction the fee requested
549 by the law enforcement agency; however, this fee may not exceed
550 $20.
551 Section 18. This act shall take effect upon becoming a law.
552
553 ================= T I T L E A M E N D M E N T ================
554 And the title is amended as follows:
555 Delete everything before the enacting clause
556 and insert:
557 A bill to be entitled
558 An act relating to clerks of the court; amending s.
559 27.52, F.S.; revising the fund into which moneys
560 recovered by certain state attorneys must be
561 deposited; amending s. 27.54, F.S.; revising the fund
562 into which certain payments received must be deposited
563 as related to public defenders or regional counsels;
564 making technical changes; amending s. 27.703, F.S.;
565 revising the entity that funds the capital collateral
566 regional counsel; amending s. 28.241 F.S.; revising
567 the allocation of filing fees for certain trial and
568 appellate proceedings; amending s. 28.35, F.S.;
569 providing additional duties of the Florida Clerks of
570 Court Operations Corporation related to budget
571 requests; revising the functions that clerks of the
572 court may fund using certain fees and fines; amending
573 s. 28.37, F.S.; requiring the Florida Clerks of Court
574 Operations Corporation to calculate certain excesses
575 collected from fines, fees, service charges, and costs
576 annually by a date certain; amending s. 34.041, F.S.;
577 revising the fund into which certain filing fees are
578 to be deposited; amending s. 40.29, F.S.; authorizing
579 the Florida Clerks of Court Operations Corporation to
580 submit requests for reimbursement at a specified rate
581 for petitions related to certain sexual violence
582 offenses; requiring clerks of the court who receive
583 the reimbursement to pay the law enforcement agency
584 serving injunctions a specified fee if requested;
585 authorizing the corporation to submit reimbursement
586 requests for approved applications for civil indigency
587 in which the filing fee was waived; authorizing the
588 corporation to submit to the Justice Administrative
589 Commission a certain amount related to Florida
590 Retirement System contribution rate increases for
591 court-related employees; amending s. 57.082, F.S.;
592 conforming provisions to changes made by the act;
593 amending s. 110.112, F.S.; deleting a provision
594 requiring each state attorney to publish an annual
595 report addressing results of his or her affirmative
596 action program; amending s. 186.003, F.S.; revising
597 the definition of “state agency”; amending s. 318.18,
598 F.S.; revising the distribution of certain civil
599 penalty amounts and administrative fees; creating s.
600 322.76, F.S.; creating the Clerk of the Court Driver
601 License Reinstatement Pilot Program in Miami-Dade
602 County; defining the term “clerk”; authorizing the
603 clerk of the circuit court for Miami-Dade County to
604 reinstate or provide an affidavit to the Department of
605 Highway Safety and Motor Vehicles to reinstate certain
606 suspended driver licenses; establishing requirements
607 for the clerk under the program to be performed by a
608 date certain; providing for expiration of the program;
609 amending s. 501.2101, F.S.; revising the funds into
610 which certain moneys received by state attorneys must
611 be deposited; amending s. 741.30, F.S.; deleting a
612 provision authorizing certain clerks of circuit courts
613 to request reimbursement for certain petitions related
614 to domestic violence; amending s. 784.046, F.S.;
615 deleting a provision authorizing the clerk of circuit
616 court, under specific circumstances, to request
617 reimbursement for certain petitions related to repeat,
618 sexual, or dating violence; amending s. 784.0485,
619 F.S.; deleting a provision authorizing clerks of the
620 circuit court, under specific circumstances, to
621 request reimbursement for certain petitions related to
622 stalking; providing an effective date.