Florida Senate - 2024 SB 1470
By Senator Hutson
7-00782-24 20241470__
1 A bill to be entitled
2 An act relating to clerks of the circuit court;
3 amending s. 27.52, F.S.; requiring that a specified
4 percentage of amounts recovered by the state attorney
5 be remitted to the Department of Revenue to be
6 deposited into the Grants and Donations Trust Fund of
7 the applicable state attorney; amending s. 27.54,
8 F.S.; requiring that specified payments be deposited
9 into the Grants and Donations Trust Fund of the
10 applicable public defender or criminal conflict and
11 civil regional counsel; amending s. 27.703, F.S.;
12 requiring that specified appointed counsels be paid
13 from funds appropriated to the Justice Administrative
14 Commission; amending s. 28.241, F.S.; revising the
15 portions of certain filing fees the clerk must remit
16 to the Department of Revenue for deposit into various
17 funds; amending s. 28.35, F.S.; requiring the Florida
18 Clerks of Court Operations Corporation to annually
19 prepare a budget request to fund increases in employer
20 contributions to the Florida Retirement System;
21 requiring that the request conform to the form and
22 manner prescribed by the Justice Administrative
23 Commission; authorizing the commission to make
24 technical changes under specified circumstances;
25 requiring that the request be submitted to the
26 Governor for transmittal to the Legislature; revising
27 the list of court-related functions that clerks may
28 fund from filing fees to include improving court
29 technology; conforming provisions to changes made by
30 the act; making technical changes; amending s. 28.37,
31 F.S.; requiring the Florida Clerks of Court Operations
32 Corporation to calculate annually, by a specified
33 date, the cumulative excess that may be used to
34 develop the combined budgets; requiring that a
35 specified percentage be held in reserve until a
36 certain condition is satisfied; amending s. 40.29,
37 F.S.; authorizing the corporation to submit, on a
38 quarterly basis, to the Justice Administrative
39 Commission certified requests for reimbursements of
40 specified filing fees; specifying the rate of
41 reimbursement per petition; requiring the corporation
42 to pay law enforcement agencies that serve injunctions
43 related to such petitions a specified amount;
44 authorizing the corporation to submit, on a quarterly
45 basis, to the commission certified requests for
46 reimbursement for applications for civil indigent
47 status; specifying the rate of reimbursement per
48 petition; requiring that the request for reimbursement
49 be in a specified form and manner; requiring the
50 corporation to submit certified requests for the
51 amounts required by the Florida Retirement System to
52 fund the employer contribution rate increases; making
53 technical changes; amending s. 57.082, F.S.; requiring
54 that a specified percentage of amounts recovered by
55 the state attorney be remitted to the Department of
56 Revenue to be deposited into the state attorney’s
57 Grants and Donations Trust Fund; making technical
58 changes; amending s. 110.112, F.S.; deleting a
59 provision requiring the Justice Administrative
60 Commission to annually report on the implementation,
61 continuance, updating, and results of an affirmative
62 action program; amending s. 186.003, F.S.; revising
63 the definition of the terms “state agency” or
64 “agency”; amending s. 318.18, F.S.; revising the
65 distribution of a specified civil penalty; requiring
66 the clerk of the court to retain a specified portion
67 for deposit into the Public Records Modernization
68 Trust Fund; requiring that such funds be used for a
69 specified purpose; requiring that a portion of a
70 specified administrative fee be deposited into the
71 Public Records Modernization Trust Fund to be used for
72 a specified purpose and another portion into a certain
73 fine and forfeiture fund; making technical changes;
74 amending s. 501.2101, F.S.; providing that, if a state
75 attorney successfully brings certain actions for
76 attorney fees and costs, the amounts recovered must be
77 deposited in the Grants and Donations Trust Fund of
78 such state attorney; making technical changes;
79 amending ss. 741.30, 784.046, and 784.0485, F.S.;
80 conforming provisions to changes made by the act;
81 providing an effective date.
82
83 Be It Enacted by the Legislature of the State of Florida:
84
85 Section 1. Paragraph (b) of subsection (7) of section
86 27.52, Florida Statutes, is amended to read:
87 27.52 Determination of indigent status.—
88 (7) FINANCIAL DISCREPANCIES; FRAUD; FALSE INFORMATION.—
89 (b) If the court has reason to believe that any applicant,
90 through fraud or misrepresentation, was improperly determined to
91 be indigent or indigent for costs, the matter must shall be
92 referred to the state attorney. Twenty-five percent of any
93 amount recovered by the state attorney as reasonable value of
94 the services rendered, including fees, charges, and costs paid
95 by the state on the person’s behalf, shall be remitted to the
96 Department of Revenue for deposit into the Grants and Donations
97 Trust Fund of the applicable state attorney within the Justice
98 Administrative Commission. Seventy-five percent of any amount
99 recovered shall be remitted to the Department of Revenue for
100 deposit into the General Revenue Fund.
101 Section 2. Paragraph (c) of subsection (2) of section
102 27.54, Florida Statutes, is amended to read:
103 27.54 Limitation on payment of expenditures other than by
104 the state.—
105 (2) A county or municipality may contract with, or
106 appropriate or contribute funds to, the operation of the offices
107 of the various public defenders and regional counsel as provided
108 in this subsection. A public defender or regional counsel
109 defending violations of special laws or county or municipal
110 ordinances punishable by incarceration and not ancillary to a
111 state charge shall contract with counties and municipalities to
112 recover the full cost of services rendered on an hourly basis or
113 reimburse the state for the full cost of assigning one or more
114 full-time equivalent attorney positions to work on behalf of the
115 county or municipality. Notwithstanding any other provision of
116 law, in the case of a county with a population of less than
117 75,000, the public defender or regional counsel shall contract
118 for full reimbursement, or for reimbursement as the parties
119 otherwise agree. In local ordinance violation cases, the county
120 or municipality shall pay for due process services that are
121 approved by the court, including deposition costs, deposition
122 transcript costs, investigative costs, witness fees, expert
123 witness costs, and interpreter costs. The person charged with
124 the violation shall be assessed a fee for the services of a
125 public defender or regional counsel and other costs and fees
126 paid by the county or municipality, which assessed fee may be
127 reduced to a lien, in all instances in which the person enters a
128 plea of guilty or no contest or is found to be in violation or
129 guilty of any count or lesser included offense of the charge or
130 companion case charges, regardless of adjudication. The court
131 shall determine the amount of the obligation. The county or
132 municipality may recover assessed fees through collections court
133 or as otherwise permitted by law, and any fees recovered
134 pursuant to this section shall be forwarded to the applicable
135 county or municipality as reimbursement.
136 (c) Any payments received pursuant to this subsection shall
137 be deposited into the Grants and Donations Trust Fund within the
138 applicable public defender or criminal conflict and civil
139 regional counsel Justice Administrative Commission for
140 appropriation by the Legislature.
141 Section 3. Subsection (2) of section 27.703, Florida
142 Statutes, is amended to read:
143 27.703 Conflict of interest and substitute counsel.—
144 (2) Appointed counsel must shall be paid from funds
145 appropriated to the Justice Administrative Commission Chief
146 Financial Officer. The hourly rate may not exceed $100. However,
147 all appointments of private counsel under this section must
148 shall be in accordance with ss. 27.710 and 27.711.
149 Section 4. Paragraph (a) of subsection (1) of section
150 28.241, Florida Statutes, is amended to read:
151 28.241 Filing fees for trial and appellate proceedings.—
152 (1) Filing fees are due at the time a party files a
153 pleading to initiate a proceeding or files a pleading for
154 relief. Reopen fees are due at the time a party files a pleading
155 to reopen a proceeding if at least 90 days have elapsed since
156 the filing of a final order or final judgment with the clerk. If
157 a fee is not paid upon the filing of the pleading as required
158 under this section, the clerk shall pursue collection of the fee
159 pursuant to s. 28.246.
160 (a)1.a. Except as provided in sub-subparagraph b. and
161 subparagraph 2., the party instituting any civil action, suit,
162 or proceeding in the circuit court shall pay to the clerk of
163 that court a filing fee of up to $395 in all cases in which
164 there are not more than five defendants and an additional filing
165 fee of up to $2.50, from which the clerk shall remit $0.50 to
166 the Department of Revenue for deposit into the General Revenue
167 Fund, for each defendant in excess of five. Of the first $200 in
168 filing fees, $195 must be remitted to the Department of Revenue
169 for deposit into the State Courts Revenue Trust Fund, $4 must be
170 remitted to the Department of Revenue for deposit into the
171 Administrative Trust Fund within the Department of Financial
172 Services and used to fund the contract with the Florida Clerks
173 of Court Operations Corporation created in s. 28.35, and $1 must
174 be remitted to the Department of Revenue for deposit into the
175 Administrative Trust Fund within the Department of Financial
176 Services to fund audits of individual clerks’ court-related
177 expenditures conducted by the Department of Financial Services.
178 b. The party instituting any civil action, suit, or
179 proceeding in the circuit court under chapter 39, chapter 61,
180 chapter 741, chapter 742, chapter 747, chapter 752, or chapter
181 753 shall pay to the clerk of that court a filing fee of up to
182 $295 in all cases in which there are not more than five
183 defendants and an additional filing fee of up to $2.50 for each
184 defendant in excess of five. Of the first $100 in filing fees,
185 $95 must be remitted to the Department of Revenue for deposit
186 into the State Courts Revenue Trust Fund, $4 must be remitted to
187 the Department of Revenue for deposit into the Administrative
188 Trust Fund within the Department of Financial Services and used
189 to fund the contract with the Florida Clerks of Court Operations
190 Corporation created in s. 28.35, and $1 must be remitted to the
191 Department of Revenue for deposit into the Administrative Trust
192 Fund within the Department of Financial Services to fund audits
193 of individual clerks’ court-related expenditures conducted by
194 the Department of Financial Services.
195 c. An additional filing fee of $4 shall be paid to the
196 clerk. The clerk shall remit $3.50 to the Department of Revenue
197 for deposit into the Court Education Trust Fund and shall remit
198 50 cents to the Department of Revenue for deposit into the
199 Administrative Trust Fund within the Department of Financial
200 Services to fund clerk education provided by the Florida Clerks
201 of Court Operations Corporation. An additional filing fee of up
202 to $18 shall be paid by the party seeking each severance that is
203 granted, from which the clerk shall remit $3 to the Department
204 of Revenue for deposit into the General Revenue Fund. The clerk
205 may impose an additional filing fee of up to $85, from which the
206 clerk shall remit $10 to the Department of Revenue for deposit
207 into the General Revenue Fund, for all proceedings of
208 garnishment, attachment, replevin, and distress. Postal charges
209 incurred by the clerk of the circuit court in making service by
210 certified or registered mail on defendants or other parties
211 shall be paid by the party at whose instance service is made.
212 Additional fees, charges, or costs may not be added to the
213 filing fees imposed under this section, except as authorized in
214 this section or by general law.
215 2.a. Notwithstanding the fees prescribed in subparagraph
216 1., a party instituting a civil action in circuit court relating
217 to real property or mortgage foreclosure shall pay a graduated
218 filing fee based on the value of the claim.
219 b. A party shall estimate in writing the amount in
220 controversy of the claim upon filing the action. For purposes of
221 this subparagraph, the value of a mortgage foreclosure action is
222 based upon the principal due on the note secured by the
223 mortgage, plus interest owed on the note and any moneys advanced
224 by the lender for property taxes, insurance, and other advances
225 secured by the mortgage, at the time of filing the foreclosure.
226 The value shall also include the value of any tax certificates
227 related to the property. In stating the value of a mortgage
228 foreclosure claim, a party shall declare in writing the total
229 value of the claim, as well as the individual elements of the
230 value as prescribed in this sub-subparagraph.
231 c. In its order providing for the final disposition of the
232 matter, the court shall identify the actual value of the claim.
233 The clerk shall adjust the filing fee if there is a difference
234 between the estimated amount in controversy and the actual value
235 of the claim and collect any additional filing fee owed or
236 provide a refund of excess filing fee paid.
237 d. The party shall pay a filing fee of:
238 (I) Three hundred and ninety-five dollars in all cases in
239 which the value of the claim is $50,000 or less and in which
240 there are not more than five defendants. The party shall pay an
241 additional filing fee of up to $2.50 for each defendant in
242 excess of five. Of the first $200 in filing fees, $195 must be
243 remitted by the clerk to the Department of Revenue for deposit
244 into the General Revenue Fund, $4 must be remitted to the
245 Department of Revenue for deposit into the Administrative Trust
246 Fund within the Department of Financial Services and used to
247 fund the contract with the Florida Clerks of Court Operations
248 Corporation created in s. 28.35, and $1 must be remitted to the
249 Department of Revenue for deposit into the Administrative Trust
250 Fund within the Department of Financial Services to fund audits
251 of individual clerks’ court-related expenditures conducted by
252 the Department of Financial Services;
253 (II) Nine hundred dollars in all cases in which the value
254 of the claim is more than $50,000 but less than $250,000 and in
255 which there are not more than five defendants. The party shall
256 pay an additional filing fee of up to $2.50 for each defendant
257 in excess of five. Of the first $355 in filing fees, $350 must
258 be remitted by the clerk to the Department of Revenue for
259 deposit into the General Revenue Fund, $4 must be remitted to
260 the Department of Revenue for deposit into the Administrative
261 Trust Fund within the Department of Financial Services and used
262 to fund the contract with the Florida Clerks of Court Operations
263 Corporation created in s. 28.35, and $1 must be remitted to the
264 Department of Revenue for deposit into the Administrative Trust
265 Fund within the Department of Financial Services to fund audits
266 of individual clerks’ court-related expenditures conducted by
267 the Department of Financial Services; or
268 (III) One thousand nine hundred dollars in all cases in
269 which the value of the claim is $250,000 or more and in which
270 there are not more than five defendants. The party shall pay an
271 additional filing fee of up to $2.50 for each defendant in
272 excess of five. Of the first $1,240 $1,705 in filing fees, $465
273 $930 must be remitted by the clerk to the Department of Revenue
274 for deposit into the General Revenue Fund, $770 must be remitted
275 to the Department of Revenue for deposit into the State Courts
276 Revenue Trust Fund, $4 must be remitted to the Department of
277 Revenue for deposit into the Administrative Trust Fund within
278 the Department of Financial Services to fund the contract with
279 the Florida Clerks of Court Operations Corporation created in s.
280 28.35, and $1 must be remitted to the Department of Revenue for
281 deposit into the Administrative Trust Fund within the Department
282 of Financial Services to fund audits of individual clerks’
283 court-related expenditures conducted by the Department of
284 Financial Services.
285 e. An additional filing fee of $4 shall be paid to the
286 clerk. The clerk shall remit $3.50 to the Department of Revenue
287 for deposit into the Court Education Trust Fund and shall remit
288 50 cents to the Department of Revenue for deposit into the
289 Administrative Trust Fund within the Department of Financial
290 Services to fund clerk education provided by the Florida Clerks
291 of Court Operations Corporation. An additional filing fee of up
292 to $18 shall be paid by the party seeking each severance that is
293 granted. The clerk may impose an additional filing fee of up to
294 $85 for all proceedings of garnishment, attachment, replevin,
295 and distress. Postal charges incurred by the clerk of the
296 circuit court in making service by certified or registered mail
297 on defendants or other parties shall be paid by the party at
298 whose instance service is made. Additional fees, charges, or
299 costs may not be added to the filing fees imposed under this
300 section, except as authorized in this section or by general law.
301 Section 5. Paragraph (i) of subsection (2) and paragraph
302 (a) of subsection (3) of section 28.35, Florida Statutes, are
303 amended, and paragraph (j) is added to subsection (2) of that
304 section, to read:
305 28.35 Florida Clerks of Court Operations Corporation.—
306 (2) The duties of the corporation shall include the
307 following:
308 (i) Annually preparing a budget request that which,
309 notwithstanding the provisions of chapter 216 and in accordance
310 with s. 216.351, provides the anticipated amount necessary for
311 reimbursement pursuant to s. 40.29(6) and (7). The request for
312 the anticipated reimbursement amount must shall be submitted in
313 the form and manner prescribed by the Justice Administrative
314 Commission. Such request is not subject to change by the Justice
315 Administrative Commission, except for technical changes
316 necessary to conform to the legislative budget instructions, and
317 must shall be submitted to the Governor for transmittal to the
318 Legislature.
319 (j) Annually preparing a budget request that,
320 notwithstanding the provisions of chapter 216 and in accordance
321 with s. 216.351, provides the anticipated amount necessary to
322 fund increases in employer contribution rates pursuant to ss.
323 121.71 and 121.72 for court-related employees participating in
324 the Florida Retirement System. The request for the anticipated
325 appropriation must be submitted in the form and manner
326 prescribed by the Justice Administrative Commission, except for
327 technical changes necessary to conform to the legislative budget
328 instructions, and must be submitted to the Governor for
329 transmittal to the Legislature.
330 (3)(a) The list of court-related functions that clerks may
331 fund from filing fees, service charges, court costs, and fines
332 is limited to those functions expressly authorized by law or
333 court rule. Those functions include the following: case
334 maintenance; records management; court preparation and
335 attendance; processing the assignment, reopening, and
336 reassignment of cases; processing of appeals; collection and
337 distribution of fines, fees, service charges, and court costs;
338 processing of bond forfeiture payments; data collection and
339 reporting; determinations of indigent status; improving court
340 technology; and paying reasonable administrative support costs
341 to enable the clerk of the court to carry out these court
342 related functions.
343 Section 6. Paragraph (b) of subsection (4) of section
344 28.37, Florida Statutes, is amended to read:
345 28.37 Fines, fees, service charges, and costs remitted to
346 the state.—
347 (4)
348 (b) Annually, no later than February 1, 2022, and each
349 February 1 thereafter, the Florida Clerks of Court Operations
350 Corporation shall calculate Department of Revenue shall transfer
351 50 percent of the cumulative excess that of the original revenue
352 projection from the Clerks of the Court Trust Fund to the
353 General Revenue Fund. The remaining 50 percent in the Clerks of
354 the Court Trust Fund may be used in the development of the total
355 combined budgets of the clerks of the court as provided in s.
356 28.35(2)(f)6. However, A minimum of 10 percent of the clerk
357 retained portion of the cumulative excess amount must be held in
358 reserve until such funds reach an amount equal to at least 16
359 percent of the total budget authority from the current county
360 fiscal year, as provided in s. 28.36(3)(a).
361 Section 7. Section 40.29, Florida Statutes, is amended to
362 read:
363 40.29 Payment of due-process costs; reimbursement for
364 petitions and orders; waived civil filing fees for indigency;
365 payment of Florida Retirement System costs for court-related
366 employees.—
367 (1) Each clerk of the circuit court, on behalf of the state
368 attorney, private court-appointed counsel, the public defender,
369 and the criminal conflict and civil regional counsel, shall
370 forward to the Justice Administrative Commission, by county, a
371 quarterly estimate of funds necessary to pay for ordinary
372 witnesses, including, but not limited to, witnesses in civil
373 traffic cases and witnesses of the state attorney, the public
374 defender, criminal conflict and civil regional counsel, private
375 court-appointed counsel, and persons determined to be indigent
376 for costs. Each quarter of the state fiscal year, the
377 commission, based upon the estimates, shall advance funds to
378 each clerk to pay for these ordinary witnesses from state funds
379 specifically appropriated for the payment of ordinary witnesses.
380 (2) Upon receipt of an estimate pursuant to subsection (1),
381 the Justice Administrative Commission shall endorse the amount
382 deemed necessary for payment by the clerk of the court during
383 the quarterly fiscal period and shall submit a request for
384 payment to the Chief Financial Officer.
385 (3) Upon receipt of the funds from the Chief Financial
386 Officer, the clerk of the court shall pay all invoices approved
387 and submitted by the state attorney, the public defender,
388 criminal conflict and civil regional counsel, and private court
389 appointed counsel for the items enumerated in subsection (1).
390 (4) After review for compliance with applicable rates and
391 requirements, the Justice Administrative Commission shall pay
392 all due process service related invoices, except those
393 enumerated in subsection (1), approved and submitted by the
394 state attorney, the public defender, criminal conflict and civil
395 regional counsel, or private court-appointed counsel in
396 accordance with the applicable requirements of ss. 29.005
397 29.007.
398 (5) The Justice Administrative Commission shall reimburse
399 funds to the clerks of the court to compensate jurors, to pay
400 for meals or lodging provided to jurors, and to pay for jury
401 related personnel costs as provided in this section. Each clerk
402 of the court shall must submit a request for reimbursement to
403 the Florida Clerks of Court Operations Corporation within 20
404 days after the end of each quarter attesting to the clerk’s
405 actual costs to compensate jurors, to pay for meals or lodging
406 provided to jurors, and to pay for jury-related personnel costs.
407 The Florida Clerks of Court Operations Corporation shall must
408 review the request for reimbursement to ensure that the costs
409 are reasonably and directly related to jury management. The
410 Florida Clerks of Court Operations Corporation shall must
411 forward to the Justice Administrative Commission the amount
412 necessary to reimburse each clerk of the court for its personnel
413 and other costs related to jury management unless the total
414 request for reimbursement by the clerks exceeds the quarterly
415 funds available to the Justice Administrative Commission, in
416 which case the Florida Clerks of Court Operations Corporation
417 must shall adjust the cumulative total to match the available
418 funds before submitting the request to the Justice
419 Administrative Commission. Upon receipt of each request for
420 reimbursement, the Justice Administrative Commission must review
421 the amount deemed necessary for payment to the clerks of the
422 court for the most recently completed quarter, determine whether
423 if the total payment amount is available, and submit a request
424 for payment to the Chief Financial Officer. The clerks of the
425 court are responsible for any compensation to jurors, for
426 payments for meals or lodging provided to jurors, and for jury
427 related personnel costs that exceed the funding provided in the
428 General Appropriations Act for these purposes.
429 (6) Subject to legislative appropriation, the Florida Clerk
430 of Court Operations Corporation clerk of the circuit court may,
431 on behalf of the clerks of the circuit court, on a quarterly
432 basis, submit to the Justice Administrative Commission a
433 certified request for reimbursement for petitions and orders
434 filed under ss. 394.459, 394.463, 394.467, 394.917, and
435 397.6814, at the rate of $40 per petition or order, and for
436 orders filed under ss. 741.30, 784.046, and 784.0485, the
437 Florida Clerks of Court Operations Corporation may, on a
438 quarterly basis, submit a request for reimbursement at the rate
439 of $195 per petition. From this reimbursement, the clerk of the
440 court receiving reimbursement must pay any law enforcement
441 agency serving the injunction a fee of up to, but not exceeding,
442 $40, if so requested by the law enforcement agency. Such request
443 for reimbursement must shall be submitted in the form and manner
444 prescribed by the Justice Administrative Commission pursuant to
445 s. 28.35(2)(i).
446 (7) Subject to legislative appropriation, the Florida
447 Clerks of Court Operations Corporation may, on a quarterly
448 basis, submit to the Justice Administrative Commission a
449 certified request for reimbursement for approved applications
450 for civil indigent status pursuant to s. 57.082 in which the
451 filing fee for civil indigent status has been waived, at the
452 rate of $195 per approved application. Such request for
453 reimbursement must be submitted in the form and manner
454 prescribed by the Justice Administrative Commission pursuant to
455 s. 28.35(2)(i).
456 (8) Subject to legislative appropriation, the Florida
457 Clerks of Court Operations Corporation shall submit to the
458 Justice Administrative Commission a certified request for the
459 amounts required by each county to fund the employer
460 contribution rate increases required by the Florida Retirement
461 System for any applicable court-related employees.
462 Section 8. Paragraph (b) of subsection (7) of section
463 57.082, Florida Statutes, is amended to read:
464 57.082 Determination of civil indigent status.—
465 (7) FINANCIAL DISCREPANCIES; FRAUD; FALSE INFORMATION.—
466 (b) If the court has reason to believe that any applicant,
467 through fraud or misrepresentation, was improperly determined to
468 be indigent, the matter must shall be referred to the state
469 attorney. Twenty-five percent of any amount recovered by the
470 state attorney as reasonable value of the services rendered,
471 including fees, charges, and costs paid by the state on the
472 person’s behalf, must shall be remitted to the Department of
473 Revenue for deposit into the Grants and Donations Trust Fund of
474 within the applicable state attorney Justice Administrative
475 Commission. Seventy-five percent of any amount recovered must
476 shall be remitted to the Department of Revenue for deposit into
477 the General Revenue Fund.
478 Section 9. Paragraph (d) of subsection (4) of section
479 110.112, Florida Statutes, is amended to read:
480 110.112 Affirmative action; equal employment opportunity.—
481 (4) Each state attorney and public defender shall:
482 (d) Report annually to the Justice Administrative
483 Commission on the implementation, continuance, updating, and
484 results of his or her affirmative action program for the
485 previous fiscal year.
486 Section 10. Subsection (6) of section 186.003, Florida
487 Statutes, is amended to read:
488 186.003 Definitions; ss. 186.001-186.031, 186.801-186.901.
489 As used in ss. 186.001-186.031 and 186.801-186.901, the term:
490 (6) “State agency” or “agency” means any official, officer,
491 commission, board, authority, council, committee, or department
492 of the executive branch of state government. For purposes of
493 this chapter, these terms include “state agency” or “agency”
494 includes state attorneys, public defenders, the capital
495 collateral regional counsel, the Justice Administrative
496 Commission, and the Public Service Commission.
497 Section 11. Paragraph (a) of subsection (8) and subsection
498 (18) of section 318.18, Florida Statutes, are amended to read:
499 318.18 Amount of penalties.—The penalties required for a
500 noncriminal disposition pursuant to s. 318.14 or a criminal
501 offense listed in s. 318.17 are as follows:
502 (8)(a) Any person who fails to comply with the court’s
503 requirements or who fails to pay the civil penalties specified
504 in this section within the 30-day period provided for in s.
505 318.14 must pay an additional civil penalty of $16, $1.50 $6.50
506 of which must be remitted to the Department of Revenue for
507 deposit in the General Revenue Fund, and $9.50 of which must be
508 remitted to the Department of Revenue for deposit in the Highway
509 Safety Operating Trust Fund, and $5.00 of which must be retained
510 by the clerk of the court to be deposited in the Public Records
511 Modernization Trust Fund and used exclusively for funding court
512 related technology needs of the clerk, as described in s.
513 29.008(1)(f)2. and (h). Of this additional civil penalty of $16,
514 $4 is not revenue for purposes of s. 28.36 and may not be used
515 in establishing the budget of the clerk of the court under that
516 section or s. 28.35. The department shall contract with the
517 Florida Association of Court Clerks, Inc., to design, establish,
518 operate, upgrade, and maintain an automated statewide Uniform
519 Traffic Citation Accounting System to be operated by the clerks
520 of the court which must shall include, but not be limited to,
521 the accounting for traffic infractions by type, a record of the
522 disposition of the citations, and an accounting system for the
523 fines assessed and the subsequent fine amounts paid to the
524 clerks of the court. The clerks of the court shall must provide
525 the information required by this chapter to be transmitted to
526 the department by electronic transmission pursuant to the
527 contract.
528 (18) In addition to any penalties imposed, an
529 administrative fee of $12.50 must be paid for all noncriminal
530 moving and nonmoving violations under chapters 316, 320, and
531 322. Of this $12.50 administrative fee, $6.25 must be deposited
532 into the Public Records Modernization Trust Fund and used
533 exclusively for funding court-related technology needs of the
534 clerk, as described in s. 29.008(1)(f)2. and (h), and $6.25 must
535 be deposited into the fine and forfeiture fund established
536 pursuant to s. 142.01 The clerk shall remit the administrative
537 fee to the Department of Revenue for deposit into the General
538 Revenue Fund.
539 Section 12. Subsection (1) of section 501.2101, Florida
540 Statutes, is amended to read:
541 501.2101 Enforcing authorities; moneys received in certain
542 proceedings.—
543 (1) Any moneys received by an enforcing authority for
544 attorney attorney’s fees and costs of investigation or
545 litigation in proceedings brought under the provisions of s.
546 501.207, s. 501.208, or s. 501.211 must shall be deposited as
547 received in the Legal Affairs Revolving Trust Fund if the action
548 is brought by the Department of Legal Affairs, and in the Grants
549 and Donations Consumer Frauds Trust Fund of a state attorney the
550 Justice Administrative Commission if the action is brought by
551 that a state attorney.
552 Section 13. Paragraph (a) of subsection (2) of section
553 741.30, Florida Statutes, is amended to read:
554 741.30 Domestic violence; injunction; powers and duties of
555 court and clerk; petition; notice and hearing; temporary
556 injunction; issuance of injunction; statewide verification
557 system; enforcement; public records exemption.—
558 (2)(a) Notwithstanding any other law, the assessment of a
559 filing fee for a petition for protection against domestic
560 violence is prohibited. However, subject to legislative
561 appropriation, the clerk of the circuit court may, on a
562 quarterly basis, submit to the Office of the State Courts
563 Administrator a certified request for reimbursement for
564 petitions for protection against domestic violence issued by the
565 court, at the rate of $40 per petition. The request for
566 reimbursement must be submitted in the form and manner
567 prescribed by the Office of the State Courts Administrator. From
568 this reimbursement, the clerk shall pay any law enforcement
569 agency serving the injunction the fee requested by the law
570 enforcement agency; however, this fee may not exceed $20.
571 Section 14. Paragraph (b) of subsection (3) of section
572 784.046, Florida Statutes, is amended to read:
573 784.046 Action by victim of repeat violence, sexual
574 violence, or dating violence for protective injunction; dating
575 violence investigations, notice to victims, and reporting;
576 pretrial release violations; public records exemption.—
577 (3)
578 (b) Notwithstanding any other law, the clerk of the court
579 may not assess a fee for filing a petition for protection
580 against repeat violence, sexual violence, or dating violence.
581 However, subject to legislative appropriation, the clerk of the
582 court may, each quarter, submit to the Office of the State
583 Courts Administrator a certified request for reimbursement for
584 petitions for protection issued by the court under this section
585 at the rate of $40 per petition. The request for reimbursement
586 shall be submitted in the form and manner prescribed by the
587 Office of the State Courts Administrator. From this
588 reimbursement, the clerk shall pay the law enforcement agency
589 serving the injunction the fee requested by the law enforcement
590 agency; however, this fee may not exceed $20.
591 Section 15. Paragraph (a) of subsection (2) of section
592 784.0485, Florida Statutes, is amended to read:
593 784.0485 Stalking; injunction; powers and duties of court
594 and clerk; petition; notice and hearing; temporary injunction;
595 issuance of injunction; statewide verification system;
596 enforcement.—
597 (2)(a) Notwithstanding any other law, the clerk of court
598 may not assess a filing fee to file a petition for protection
599 against stalking. However, subject to legislative appropriation,
600 the clerk of the circuit court may, on a quarterly basis, submit
601 to the Office of the State Courts Administrator a certified
602 request for reimbursement for petitions for protection against
603 stalking issued by the court, at the rate of $40 per petition.
604 The request for reimbursement shall be submitted in the form and
605 manner prescribed by the Office of the State Courts
606 Administrator. From this reimbursement, the clerk shall pay any
607 law enforcement agency serving the injunction the fee requested
608 by the law enforcement agency; however, this fee may not exceed
609 $20.
610 Section 16. This act shall take effect July 1, 2024.