Florida Senate - 2024 CS for SB 1470
By the Committee on Judiciary; and Senators Hutson, Rouson, and
Martin
590-02621-24 20241470c1
1 A bill to be entitled
2 An act relating to clerks of the court; amending s.
3 27.52, F.S.; revising the fund into which moneys
4 recovered by certain state attorneys must be
5 deposited; amending s. 27.54, F.S.; revising the fund
6 into which certain payments received must be deposited
7 as related to public defenders or regional counsels;
8 making technical changes; amending s. 27.703, F.S.;
9 revising the entity that funds the capital collateral
10 regional counsel; amending s. 28.241 F.S.; revising
11 the allocation of filing fees for certain trial and
12 appellate proceedings; amending s. 28.35, F.S.;
13 providing additional duties of the Florida Clerks of
14 Court Operations Corporation related to budget
15 requests; revising the functions that clerks of the
16 court may fund using certain fees and fines; amending
17 s. 28.37, F.S.; requiring the Florida Clerks of Court
18 Operations Corporation to calculate certain excesses
19 collected from fines, fees, service charges, and costs
20 annually by a date certain; amending s. 34.041, F.S.;
21 revising the fund into which certain filing fees are
22 to be deposited; amending s. 40.29, F.S.; authorizing
23 the Florida Clerks of Court Operations Corporation to
24 submit requests for reimbursement at a specified rate
25 for petitions related to certain sexual violence
26 offenses; requiring clerks of the court who receive
27 the reimbursement to pay the law enforcement agency
28 serving injunctions a specified fee if requested;
29 authorizing the corporation to submit reimbursement
30 requests for approved applications for civil indigency
31 in which the filing fee was waived; authorizing the
32 corporation to submit to the Justice Administrative
33 Commission a certain amount related to Florida
34 Retirement System contribution rate increases for
35 court-related employees; amending s. 57.082, F.S.;
36 conforming provisions to changes made by the act;
37 amending s. 110.112, F.S.; deleting a provision
38 requiring each state attorney to publish an annual
39 report addressing results of his or her affirmative
40 action program; amending s. 186.003, F.S.; revising
41 the definition of “state agency”; amending s. 318.18,
42 F.S.; revising the distribution of certain civil
43 penalty amounts and administrative fees; creating s.
44 322.76, F.S.; creating the Clerk of the Court Driver
45 License Reinstatement Pilot Program in Miami-Dade
46 County; defining the term “clerk”; authorizing the
47 clerk of the circuit court for Miami-Dade County to
48 reinstate or provide an affidavit to the Department of
49 Highway Safety and Motor Vehicles to reinstate certain
50 suspended driver licenses; establishing requirements
51 for the clerk under the program to be performed by a
52 date certain; providing for expiration of the program;
53 amending s. 501.2101, F.S.; revising the funds into
54 which certain moneys received by state attorneys must
55 be deposited; amending s. 741.30, F.S.; deleting a
56 provision authorizing certain clerks of circuit courts
57 to request reimbursement for certain petitions related
58 to domestic violence; amending s. 784.046, F.S.;
59 deleting a provision authorizing the clerk of circuit
60 court, under specific circumstances, to request
61 reimbursement for certain petitions related to repeat,
62 sexual, or dating violence; amending s. 784.0485,
63 F.S.; deleting a provision authorizing clerks of the
64 circuit court, under specific circumstances, to
65 request reimbursement for certain petitions related to
66 stalking; providing an effective date.
67
68 Be It Enacted by the Legislature of the State of Florida:
69
70 Section 1. Paragraph (b) of subsection (7) of section
71 27.52, Florida Statutes, is amended to read:
72 27.52 Determination of indigent status.—
73 (7) FINANCIAL DISCREPANCIES; FRAUD; FALSE INFORMATION.—
74 (b) If the court has reason to believe that any applicant,
75 through fraud or misrepresentation, was improperly determined to
76 be indigent or indigent for costs, the matter shall be referred
77 to the state attorney. Twenty-five percent of any amount
78 recovered by the state attorney as reasonable value of the
79 services rendered, including fees, charges, and costs paid by
80 the state on the person’s behalf, shall be remitted to the
81 Department of Revenue for deposit into the Grants and Donations
82 Trust Fund of the applicable state attorney within the Justice
83 Administrative Commission. Seventy-five percent of any amount
84 recovered shall be remitted to the Department of Revenue for
85 deposit into the General Revenue Fund.
86 Section 2. Paragraph (c) of subsection (2) of section
87 27.54, Florida Statutes, is amended to read:
88 27.54 Limitation on payment of expenditures other than by
89 the state.—
90 (2) A county or municipality may contract with, or
91 appropriate or contribute funds to, the operation of the offices
92 of the various public defenders and regional counsels counsel as
93 provided in this subsection. A public defender or regional
94 counsel defending violations of special laws or county or
95 municipal ordinances punishable by incarceration and not
96 ancillary to a state charge shall contract with counties and
97 municipalities to recover the full cost of services rendered on
98 an hourly basis or reimburse the state for the full cost of
99 assigning one or more full-time equivalent attorney positions to
100 work on behalf of the county or municipality. Notwithstanding
101 any other provision of law, in the case of a county with a
102 population of less than 75,000, the public defender or regional
103 counsel shall contract for full reimbursement, or for
104 reimbursement as the parties otherwise agree. In local ordinance
105 violation cases, the county or municipality shall pay for due
106 process services that are approved by the court, including
107 deposition costs, deposition transcript costs, investigative
108 costs, witness fees, expert witness costs, and interpreter
109 costs. The person charged with the violation shall be assessed a
110 fee for the services of a public defender or regional counsel
111 and other costs and fees paid by the county or municipality,
112 which assessed fee may be reduced to a lien, in all instances in
113 which the person enters a plea of guilty or no contest or is
114 found to be in violation or guilty of any count or lesser
115 included offense of the charge or companion case charges,
116 regardless of adjudication. The court shall determine the amount
117 of the obligation. The county or municipality may recover
118 assessed fees through collections court or as otherwise
119 permitted by law, and any fees recovered pursuant to this
120 section shall be forwarded to the applicable county or
121 municipality as reimbursement.
122 (c) Any payments received pursuant to this subsection shall
123 be deposited into the Grants and Donations Trust Fund of within
124 the applicable public defender or criminal conflict and civil
125 regional counsel Justice Administrative Commission for
126 appropriation by the Legislature.
127 Section 3. Subsection (2) of section 27.703, Florida
128 Statutes, is amended to read:
129 27.703 Conflict of interest and substitute counsel.—
130 (2) Appointed counsel shall be paid from funds appropriated
131 to the Justice Administrative Commission Chief Financial
132 Officer. The hourly rate may not exceed $100. However, all
133 appointments of private counsel under this section shall be in
134 accordance with ss. 27.710 and 27.711.
135 Section 4. Paragraph (a) of subsection (1) of section
136 28.241, Florida Statutes, is amended to read:
137 28.241 Filing fees for trial and appellate proceedings.—
138 (1) Filing fees are due at the time a party files a
139 pleading to initiate a proceeding or files a pleading for
140 relief. Reopen fees are due at the time a party files a pleading
141 to reopen a proceeding if at least 90 days have elapsed since
142 the filing of a final order or final judgment with the clerk. If
143 a fee is not paid upon the filing of the pleading as required
144 under this section, the clerk shall pursue collection of the fee
145 pursuant to s. 28.246.
146 (a)1.a. Except as provided in sub-subparagraph b. and
147 subparagraph 2., the party instituting any civil action, suit,
148 or proceeding in the circuit court shall pay to the clerk of
149 that court a filing fee of up to $395 in all cases in which
150 there are not more than five defendants and an additional filing
151 fee of up to $2.50, from which the clerk shall remit $0.50 to
152 the Department of Revenue for deposit into the General Revenue
153 Fund, for each defendant in excess of five. Of the first $200 in
154 filing fees, $195 must be remitted to the Department of Revenue
155 for deposit into the State Courts Revenue Trust Fund, $4 must be
156 remitted to the Department of Revenue for deposit into the
157 Administrative Trust Fund within the Department of Financial
158 Services and used to fund the contract with the Florida Clerks
159 of Court Operations Corporation created in s. 28.35, and $1 must
160 be remitted to the Department of Revenue for deposit into the
161 Administrative Trust Fund within the Department of Financial
162 Services to fund audits of individual clerks’ court-related
163 expenditures conducted by the Department of Financial Services.
164 b. The party instituting any civil action, suit, or
165 proceeding in the circuit court under chapter 39, chapter 61,
166 chapter 741, chapter 742, chapter 747, chapter 752, or chapter
167 753 shall pay to the clerk of that court a filing fee of up to
168 $295 in all cases in which there are not more than five
169 defendants and an additional filing fee of up to $2.50 for each
170 defendant in excess of five. Of the first $100 in filing fees,
171 $95 must be remitted to the Department of Revenue for deposit
172 into the State Courts Revenue Trust Fund, $4 must be remitted to
173 the Department of Revenue for deposit into the Administrative
174 Trust Fund within the Department of Financial Services and used
175 to fund the contract with the Florida Clerks of Court Operations
176 Corporation created in s. 28.35, and $1 must be remitted to the
177 Department of Revenue for deposit into the Administrative Trust
178 Fund within the Department of Financial Services to fund audits
179 of individual clerks’ court-related expenditures conducted by
180 the Department of Financial Services.
181 c. An additional filing fee of $4 shall be paid to the
182 clerk. The clerk shall remit $3.50 to the Department of Revenue
183 for deposit into the Court Education Trust Fund and shall remit
184 50 cents to the Department of Revenue for deposit into the
185 Administrative Trust Fund within the Department of Financial
186 Services to fund clerk education provided by the Florida Clerks
187 of Court Operations Corporation. An additional filing fee of up
188 to $18 shall be paid by the party seeking each severance that is
189 granted, from which the clerk shall remit $3 to the Department
190 of Revenue for deposit into the General Revenue Fund. The clerk
191 may impose an additional filing fee of up to $85, from which the
192 clerk shall remit $10 to the Department of Revenue for deposit
193 into the General Revenue Fund, for all proceedings of
194 garnishment, attachment, replevin, and distress. Postal charges
195 incurred by the clerk of the circuit court in making service by
196 certified or registered mail on defendants or other parties
197 shall be paid by the party at whose instance service is made.
198 Additional fees, charges, or costs may not be added to the
199 filing fees imposed under this section, except as authorized in
200 this section or by general law.
201 2.a. Notwithstanding the fees prescribed in subparagraph
202 1., a party instituting a civil action in circuit court relating
203 to real property or mortgage foreclosure shall pay a graduated
204 filing fee based on the value of the claim.
205 b. A party shall estimate in writing the amount in
206 controversy of the claim upon filing the action. For purposes of
207 this subparagraph, the value of a mortgage foreclosure action is
208 based upon the principal due on the note secured by the
209 mortgage, plus interest owed on the note and any moneys advanced
210 by the lender for property taxes, insurance, and other advances
211 secured by the mortgage, at the time of filing the foreclosure.
212 The value shall also include the value of any tax certificates
213 related to the property. In stating the value of a mortgage
214 foreclosure claim, a party shall declare in writing the total
215 value of the claim, as well as the individual elements of the
216 value as prescribed in this sub-subparagraph.
217 c. In its order providing for the final disposition of the
218 matter, the court shall identify the actual value of the claim.
219 The clerk shall adjust the filing fee if there is a difference
220 between the estimated amount in controversy and the actual value
221 of the claim and collect any additional filing fee owed or
222 provide a refund of excess filing fee paid.
223 d. The party shall pay a filing fee of:
224 (I) Three hundred and ninety-five dollars in all cases in
225 which the value of the claim is $50,000 or less and in which
226 there are not more than five defendants. The party shall pay an
227 additional filing fee of up to $2.50 for each defendant in
228 excess of five. Of the first $200 in filing fees, $195 must be
229 remitted by the clerk to the Department of Revenue for deposit
230 into the General Revenue Fund, $4 must be remitted to the
231 Department of Revenue for deposit into the Administrative Trust
232 Fund within the Department of Financial Services and used to
233 fund the contract with the Florida Clerks of Court Operations
234 Corporation created in s. 28.35, and $1 must be remitted to the
235 Department of Revenue for deposit into the Administrative Trust
236 Fund within the Department of Financial Services to fund audits
237 of individual clerks’ court-related expenditures conducted by
238 the Department of Financial Services;
239 (II) Nine hundred dollars in all cases in which the value
240 of the claim is more than $50,000 but less than $250,000 and in
241 which there are not more than five defendants. The party shall
242 pay an additional filing fee of up to $2.50 for each defendant
243 in excess of five. Of the first $355 in filing fees, $350 must
244 be remitted by the clerk to the Department of Revenue for
245 deposit into the General Revenue Fund, $4 must be remitted to
246 the Department of Revenue for deposit into the Administrative
247 Trust Fund within the Department of Financial Services and used
248 to fund the contract with the Florida Clerks of Court Operations
249 Corporation created in s. 28.35, and $1 must be remitted to the
250 Department of Revenue for deposit into the Administrative Trust
251 Fund within the Department of Financial Services to fund audits
252 of individual clerks’ court-related expenditures conducted by
253 the Department of Financial Services; or
254 (III) One thousand nine hundred dollars in all cases in
255 which the value of the claim is $250,000 or more and in which
256 there are not more than five defendants. The party shall pay an
257 additional filing fee of up to $2.50 for each defendant in
258 excess of five. Of the first $1,240 $1,705 in filing fees, $465
259 $930 must be remitted by the clerk to the Department of Revenue
260 for deposit into the General Revenue Fund, $770 must be remitted
261 to the Department of Revenue for deposit into the State Courts
262 Revenue Trust Fund, $4 must be remitted to the Department of
263 Revenue for deposit into the Administrative Trust Fund within
264 the Department of Financial Services to fund the contract with
265 the Florida Clerks of Court Operations Corporation created in s.
266 28.35, and $1 must be remitted to the Department of Revenue for
267 deposit into the Administrative Trust Fund within the Department
268 of Financial Services to fund audits of individual clerks’
269 court-related expenditures conducted by the Department of
270 Financial Services.
271 e. An additional filing fee of $4 shall be paid to the
272 clerk. The clerk shall remit $3.50 to the Department of Revenue
273 for deposit into the Court Education Trust Fund and shall remit
274 50 cents to the Department of Revenue for deposit into the
275 Administrative Trust Fund within the Department of Financial
276 Services to fund clerk education provided by the Florida Clerks
277 of Court Operations Corporation. An additional filing fee of up
278 to $18 shall be paid by the party seeking each severance that is
279 granted. The clerk may impose an additional filing fee of up to
280 $85 for all proceedings of garnishment, attachment, replevin,
281 and distress. Postal charges incurred by the clerk of the
282 circuit court in making service by certified or registered mail
283 on defendants or other parties shall be paid by the party at
284 whose instance service is made. Additional fees, charges, or
285 costs may not be added to the filing fees imposed under this
286 section, except as authorized in this section or by general law.
287 Section 5. Paragraph (i) of subsection (2) and paragraph
288 (a) of subsection (3) of section 28.35, Florida Statutes, are
289 amended, and paragraph (j) is added to subsection (2) of that
290 section, to read:
291 28.35 Florida Clerks of Court Operations Corporation.—
292 (2) The duties of the corporation shall include the
293 following:
294 (i) Annually preparing a budget request which,
295 notwithstanding the provisions of chapter 216 and in accordance
296 with s. 216.351, provides the anticipated amount necessary for
297 reimbursement pursuant to s. 40.29(6) and (7). The request for
298 the anticipated reimbursement amount shall be submitted in the
299 form and manner prescribed by the Justice Administrative
300 Commission. Such request is not subject to change by the Justice
301 Administrative Commission, except for technical changes
302 necessary to conform to the legislative budget instructions, and
303 shall be submitted to the Governor for transmittal to the
304 Legislature.
305 (j) Annually preparing a budget request that,
306 notwithstanding the provisions of chapter 216 and in accordance
307 with s. 216.351, provides the anticipated amount necessary to
308 fund increases in employer contribution rates pursuant to ss.
309 121.71 and 121.72 for court-related employees participating in
310 the Florida Retirement System. The request for the anticipated
311 appropriation must be submitted in the form and manner
312 prescribed by the Justice Administrative Commission. The budget
313 request may not be changed by the Justice Administrative
314 Commission, except for technical changes necessary to conform to
315 the legislative budget instructions, and must be submitted to
316 the Governor for transmittal to the Legislature.
317 (3)(a) The list of court-related functions that clerks may
318 fund from filing fees, service charges, court costs, and fines
319 is limited to those functions expressly authorized by law or
320 court rule. Those functions include the following: case
321 maintenance; records management; court preparation and
322 attendance; processing the assignment, reopening, and
323 reassignment of cases; processing of appeals; collection and
324 distribution of fines, fees, service charges, and court costs;
325 processing of bond forfeiture payments; data collection and
326 reporting; determinations of indigent status; improving court
327 technology; and paying reasonable administrative support costs
328 to enable the clerk of the court to carry out these court
329 related functions.
330 Section 6. Paragraph (b) subsection (4) of section 28.37,
331 Florida Statutes, is amended to read:
332 28.37 Fines, fees, service charges, and costs remitted to
333 the state.—
334 (4)
335 (b) No later than February 1 annually, 2022, and each
336 February 1 thereafter, the Florida Clerks of Court Operations
337 Corporation must calculate Department of Revenue shall transfer
338 50 percent of the cumulative excess, which of the original
339 revenue projection from the Clerks of the Court Trust Fund to
340 the General Revenue Fund. The remaining 50 percent in the Clerks
341 of the Court Trust Fund may be used in the development of the
342 total combined budgets of the clerks of the court as provided in
343 s. 28.35(2)(f)6. However, A minimum of 10 percent of the clerk
344 retained portion of the cumulative excess amount must be held in
345 reserve until such funds reach an amount equal to at least 16
346 percent of the total budget authority from the current county
347 fiscal year, as provided in s. 28.36(3)(a).
348 Section 7. Paragraphs (c) and (d) of subsection (1) of
349 section 34.041, Florida Statutes, are amended to read:
350 34.041 Filing fees.—
351 (1)
352 (c) A party in addition to a party described in paragraph
353 (a) who files a pleading in an original civil action in the
354 county court for affirmative relief by cross-claim,
355 counterclaim, counterpetition, or third-party complaint, or who
356 files a notice of cross-appeal or notice of joinder or motion to
357 intervene as an appellant, cross-appellant, or petitioner, shall
358 pay the clerk of court a fee of $295 if the relief sought by the
359 party under this paragraph exceeds $2,500 but is not more than
360 $15,000 and $395 if the relief sought by the party under this
361 paragraph exceeds $15,000. The clerk shall deposit remit the fee
362 if the relief sought by the party under this paragraph exceeds
363 $2,500 but is not more than $15,000 to the Department of Revenue
364 for deposit into the fine and forfeiture fund established
365 pursuant to s. 142.01 General Revenue Fund. This fee does not
366 apply if the cross-claim, counterclaim, counterpetition, or
367 third-party complaint requires transfer of the case from county
368 to circuit court. However, the party shall pay to the clerk the
369 standard filing fee for the court to which the case is to be
370 transferred.
371 (d) The clerk of court shall collect a service charge of
372 $10 for issuing a summons or an electronic certified copy of a
373 summons, which the clerk shall deposit into the fine and
374 forfeiture fund established pursuant to s. 142.01 remit to the
375 Department of Revenue for deposit into the General Revenue Fund.
376 The clerk shall assess the fee against the party seeking to have
377 the summons issued.
378 Section 8. Subsection (6) of section 40.29, Florida
379 Statutes, is amended, and subsections (7) and (8) are added to
380 that section, to read:
381 40.29 Payment of due-process costs; reimbursement for
382 petitions, and orders, and waived civil filing fees for
383 indigency; payment of Florida Retirement System costs for court
384 related employees.—
385 (6) Subject to legislative appropriation, the Florida
386 Clerks of Court Operations Corporation clerk of the circuit
387 court may, on behalf of the clerks of the circuit court, on a
388 quarterly basis, submit to the Justice Administrative Commission
389 a certified request for reimbursement for petitions and orders
390 filed under ss. 394.459, 394.463, 394.467, 394.917, and
391 397.6814, at the rate of $40 per petition or order and for
392 orders filed under ss. 741.30, 784.046, and 784.0485, the
393 Florida Clerks of Court Operations Corporation may, on a
394 quarterly basis, submit a request for reimbursement at the rate
395 of $195 per petition. From this reimbursement, the clerk of the
396 court receiving reimbursement must pay any law enforcement
397 agency serving injunctions a fee not to exceed $40 per
398 injunction, if so requested by the law enforcement agency. Such
399 request for reimbursement shall be submitted in the form and
400 manner prescribed by the Justice Administrative Commission
401 pursuant to s. 28.35(2)(i).
402 (7) Subject to legislative appropriation, the Florida
403 Clerks of Court Operations Corporation may, on a quarterly
404 basis, submit to the Justice Administrative Commission a
405 certified request for reimbursement for approved applications
406 for civil indigency under s. 57.082, in which the civil filing
407 fee has been waived, at the rate of $195 per approved
408 application. The request for reimbursement shall be submitted in
409 the form and manner prescribed by the Justice Administrative
410 Commission pursuant to s. 28.35(2)(i).
411 (8) Subject to legislative appropriation, the Florida
412 Clerks of Court Operations Corporation must submit to the
413 Justice Administrative Commission a certified amount by county
414 of the employer contribution rate increases for the Florida
415 Retirement System for court-related employees.
416 Section 9. Paragraph (b) of subsection (7) of section
417 57.082, Florida Statutes, is amended to read:
418 57.082 Determination of civil indigent status.—
419 (7) FINANCIAL DISCREPANCIES; FRAUD; FALSE INFORMATION.—
420 (b) If the court has reason to believe that any applicant,
421 through fraud or misrepresentation, was improperly determined to
422 be indigent, the matter shall be referred to the state attorney.
423 Twenty-five percent of any amount recovered by the state
424 attorney as reasonable value of the services rendered, including
425 fees, charges, and costs paid by the state on the person’s
426 behalf, shall be remitted to the Department of Revenue for
427 deposit into the Grants and Donations Trust Fund of within the
428 applicable state attorney Justice Administrative Commission.
429 Seventy-five percent of any amount recovered shall be remitted
430 to the Department of Revenue for deposit into the General
431 Revenue Fund.
432 Section 10. Paragraph (d) of subsection (4) of section
433 110.112, Florida Statutes, is amended to read:
434 110.112 Affirmative action; equal employment opportunity.—
435 (4) Each state attorney and public defender shall:
436 (d) Report annually to the Justice Administrative
437 Commission on the implementation, continuance, updating, and
438 results of his or her affirmative action program for the
439 previous fiscal year.
440 Section 11. Subsection (6) of section 186.003, Florida
441 Statutes, is amended to read:
442 186.003 Definitions; ss. 186.001-186.031, 186.801-186.901.
443 As used in ss. 186.001-186.031 and 186.801-186.901, the term:
444 (6) “State agency” or “agency” means any official, officer,
445 commission, board, authority, council, committee, or department
446 of the executive branch of state government. For purposes of
447 this chapter, “state agency” or “agency” includes state
448 attorneys, public defenders, the capital collateral regional
449 counsel, the Justice Administrative Commission, and the Public
450 Service Commission.
451 Section 12. Paragraph (a) of subsection (8) and subsection
452 (18) of section 318.18, Florida Statutes, are amended to read:
453 318.18 Amount of penalties.—The penalties required for a
454 noncriminal disposition pursuant to s. 318.14 or a criminal
455 offense listed in s. 318.17 are as follows:
456 (8)(a) Any person who fails to comply with the court’s
457 requirements or who fails to pay the civil penalties specified
458 in this section within the 30-day period provided for in s.
459 318.14 must pay an additional civil penalty of $16, $1.50 $6.50
460 of which must be remitted to the Department of Revenue for
461 deposit in the General Revenue Fund, and $9.50 of which must be
462 remitted to the Department of Revenue for deposit in the Highway
463 Safety Operating Trust Fund, and $5 of which shall be retained
464 by the clerk of the court to be deposited in the Public Records
465 Modernization Trust Fund and used exclusively for funding court
466 related technology needs of the clerk, as defined in s.
467 29.008(1)(f)2. and (h). Of this additional civil penalty of $16,
468 $4 is not revenue for purposes of s. 28.36 and may not be used
469 in establishing the budget of the clerk of the court under that
470 section or s. 28.35. The department shall contract with the
471 Florida Association of Court Clerks, Inc., to design, establish,
472 operate, upgrade, and maintain an automated statewide Uniform
473 Traffic Citation Accounting System to be operated by the clerks
474 of the court which shall include, but not be limited to, the
475 accounting for traffic infractions by type, a record of the
476 disposition of the citations, and an accounting system for the
477 fines assessed and the subsequent fine amounts paid to the
478 clerks of the court. The clerks of the court must provide the
479 information required by this chapter to be transmitted to the
480 department by electronic transmission pursuant to the contract.
481 (18) In addition to any penalties imposed, an
482 administrative fee of $12.50 must be paid for all noncriminal
483 moving and nonmoving violations under chapters 316, 320, and
484 322. Of this administrative fee, $6.25 must be deposited into
485 the Public Records Modernization Trust Fund and used exclusively
486 for funding court-related technology needs of the clerk, as
487 defined in s. 29.008(1)(f)2. and (h), and $6.25 must be
488 deposited into the fine and forfeiture fund established pursuant
489 to s. 142.01 The clerk shall remit the administrative fee to the
490 Department of Revenue for deposit into the General Revenue Fund.
491 Section 13. Section 322.76, Florida Statutes, is created to
492 read:
493 322.76 Miami-Dade County Clerk of the Court Driver License
494 Reinstatement Pilot Program.—There is created in Miami-Dade
495 County the Clerk of the Court Driver License Reinstatement Pilot
496 Program.
497 (1) As used in this section, the term “clerk” means the
498 clerk of the circuit court for Miami-Dade County.
499 (2) Notwithstanding any other provision to the contrary in
500 this chapter, the clerk may reinstate or provide an affidavit to
501 the department to reinstate a suspended driver license:
502 (a) For a person who failed to fulfill a court-ordered
503 child support obligation.
504 (b) As a result of the end of suspension because of points,
505 under s. 322.27, notwithstanding the person receiving a hardship
506 waiver.
507 (c) For a person who failed to comply with any provision of
508 chapter 318 or this chapter.
509 (3) Notwithstanding s. 322.29(1), an examination is not
510 required for the reinstatement of a driver license suspended
511 under s. 318.15 or s. 322.245 unless an examination is otherwise
512 required by this chapter. A person applying for the
513 reinstatement of a driver license suspended under s. 318.15 or
514 s. 322.245 must present to the clerk certification from the
515 court that he or she has either complied with all obligations
516 and penalties imposed pursuant to s. 318.15 or with all
517 directives of the court and the requirements of s. 322.245.
518 (4) A nonrefundable service fee must be paid pursuant to s.
519 322.29(2).
520 (5) Before July 1, 2024, the department shall work with the
521 clerk, through the clerk’s association, to ensure the ability
522 within its technology system for the clerk to reinstate
523 suspended driver licenses under the pilot program, to begin on
524 July 1, 2024.
525 (6) By December 31, 2025, the clerk must submit to the
526 Governor, the President of the Senate, the Speaker of the House
527 of Representatives, and the executive director of the Florida
528 Clerks of Court Operations Corporation a report containing the
529 following information:
530 (a) Number of driver license reinstatements.
531 (b) Amount of fees and costs collected, including the
532 aggregate funds received by the clerk, local governmental
533 entities, and state entities, including the General Revenue
534 Fund.
535 (c) The personnel, operating, and other expenditures
536 incurred by the clerk.
537 (d) Feedback received from the community, if any, in
538 response to the clerk’s participation in the pilot program.
539 (e) Whether the pilot program led to improved timeliness
540 for the reinstatement of driver licenses.
541 (f) The clerk’s recommendation as to whether the pilot
542 program should be extended in Miami-Dade County or expanded to
543 other clerks’ offices.
544 (g) Any other information the clerk deems necessary.
545 (7) This section expires on July 1, 2026.
546 Section 14. Subsection (1) of section 501.2101, Florida
547 Statutes, is amended to read:
548 501.2101 Enforcing authorities; moneys received in certain
549 proceedings.—
550 (1) Any moneys received by an enforcing authority for
551 attorney attorney’s fees and costs of investigation or
552 litigation in proceedings brought under the provisions of s.
553 501.207, s. 501.208, or s. 501.211 shall be deposited as
554 received in the Legal Affairs Revolving Trust Fund if the action
555 is brought by the Department of Legal Affairs, and in the Grants
556 and Donations Consumer Frauds Trust Fund of a state attorney the
557 Justice Administrative Commission if the action is brought by
558 the a state attorney.
559 Section 15. Paragraph (a) of subsection (2) of section
560 741.30, Florida Statutes, is amended to read:
561 741.30 Domestic violence; injunction; powers and duties of
562 court and clerk; petition; notice and hearing; temporary
563 injunction; issuance of injunction; statewide verification
564 system; enforcement; public records exemption.—
565 (2)(a) Notwithstanding any other law, the assessment of a
566 filing fee for a petition for protection against domestic
567 violence is prohibited. However, subject to legislative
568 appropriation, the clerk of the circuit court may, on a
569 quarterly basis, submit to the Office of the State Courts
570 Administrator a certified request for reimbursement for
571 petitions for protection against domestic violence issued by the
572 court, at the rate of $40 per petition. The request for
573 reimbursement must be submitted in the form and manner
574 prescribed by the Office of the State Courts Administrator. From
575 this reimbursement, the clerk shall pay any law enforcement
576 agency serving the injunction the fee requested by the law
577 enforcement agency; however, this fee may not exceed $20.
578 Section 16. Paragraph (b) of subsection (3) of section
579 784.046, Florida Statutes, is amended to read:
580 784.046 Action by victim of repeat violence, sexual
581 violence, or dating violence for protective injunction; dating
582 violence investigations, notice to victims, and reporting;
583 pretrial release violations; public records exemption.—
584 (3)(b) Notwithstanding any other law, the clerk of the
585 court may not assess a fee for filing a petition for protection
586 against repeat violence, sexual violence, or dating violence.
587 However, subject to legislative appropriation, the clerk of the
588 court may, each quarter, submit to the Office of the State
589 Courts Administrator a certified request for reimbursement for
590 petitions for protection issued by the court under this section
591 at the rate of $40 per petition. The request for reimbursement
592 shall be submitted in the form and manner prescribed by the
593 Office of the State Courts Administrator. From this
594 reimbursement, the clerk shall pay the law enforcement agency
595 serving the injunction the fee requested by the law enforcement
596 agency; however, this fee may not exceed $20.
597 Section 17. Paragraph (a) of subsection (2) of section
598 784.0485, Florida Statutes, is amended to read:
599 784.0485 Stalking; injunction; powers and duties of court
600 and clerk; petition; notice and hearing; temporary injunction;
601 issuance of injunction; statewide verification system;
602 enforcement.—
603 (2)(a) Notwithstanding any other law, the clerk of court
604 may not assess a filing fee to file a petition for protection
605 against stalking. However, subject to legislative appropriation,
606 the clerk of the circuit court may, on a quarterly basis, submit
607 to the Office of the State Courts Administrator a certified
608 request for reimbursement for petitions for protection against
609 stalking issued by the court, at the rate of $40 per petition.
610 The request for reimbursement shall be submitted in the form and
611 manner prescribed by the Office of the State Courts
612 Administrator. From this reimbursement, the clerk shall pay any
613 law enforcement agency serving the injunction the fee requested
614 by the law enforcement agency; however, this fee may not exceed
615 $20.
616 Section 18. This act shall take effect upon becoming a law.