Florida Senate - 2024 CS for CS for SB 1470
By the Appropriations Committee on Criminal and Civil Justice;
the Committee on Judiciary; and Senators Hutson, Rouson, Martin,
and Hooper
604-03506-24 20241470c2
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. 142.01, F.S.; authorizing
41 clerks of the circuit court to invest specified funds
42 in an interest-bearing account; requiring that
43 interest earned in the fine and forfeiture fund be
44 deposited in the Public Records Modernization Trust
45 Fund and used exclusively for certain operations and
46 enhancements; amending s. 186.003, F.S.; revising the
47 definition of “state agency”; amending s. 318.18,
48 F.S.; revising the distribution of certain civil
49 penalty amounts and administrative fees; creating s.
50 322.76, F.S.; creating the Clerk of the Court Driver
51 License Reinstatement Pilot Program in Miami-Dade
52 County; defining the term “clerk”; authorizing the
53 clerk of the circuit court for Miami-Dade County to
54 reinstate or provide an affidavit to the Department of
55 Highway Safety and Motor Vehicles to reinstate certain
56 suspended driver licenses; establishing requirements
57 for the clerk under the program to be performed by a
58 date certain; providing for expiration of the program;
59 amending s. 501.2101, F.S.; revising the funds into
60 which certain moneys received by state attorneys must
61 be deposited; amending s. 741.30, F.S.; deleting a
62 provision authorizing certain clerks of circuit courts
63 to request reimbursement for certain petitions related
64 to domestic violence; amending s. 784.046, F.S.;
65 deleting a provision authorizing the clerk of circuit
66 court, under specific circumstances, to request
67 reimbursement for certain petitions related to repeat,
68 sexual, or dating violence; amending s. 784.0485,
69 F.S.; deleting a provision authorizing clerks of the
70 circuit court, under specific circumstances, to
71 request reimbursement for certain petitions related to
72 stalking; providing an effective date.
73
74 Be It Enacted by the Legislature of the State of Florida:
75
76 Section 1. Paragraph (b) of subsection (7) of section
77 27.52, Florida Statutes, is amended to read:
78 27.52 Determination of indigent status.—
79 (7) FINANCIAL DISCREPANCIES; FRAUD; FALSE INFORMATION.—
80 (b) If the court has reason to believe that any applicant,
81 through fraud or misrepresentation, was improperly determined to
82 be indigent or indigent for costs, the matter shall be referred
83 to the state attorney. Twenty-five percent of any amount
84 recovered by the state attorney as reasonable value of the
85 services rendered, including fees, charges, and costs paid by
86 the state on the person’s behalf, shall be remitted to the
87 Department of Revenue for deposit into the Grants and Donations
88 Trust Fund of the applicable state attorney within the Justice
89 Administrative Commission. Seventy-five percent of any amount
90 recovered shall be remitted to the Department of Revenue for
91 deposit into the General Revenue Fund.
92 Section 2. Paragraph (c) of subsection (2) of section
93 27.54, Florida Statutes, is amended to read:
94 27.54 Limitation on payment of expenditures other than by
95 the state.—
96 (2) A county or municipality may contract with, or
97 appropriate or contribute funds to, the operation of the offices
98 of the various public defenders and regional counsels counsel as
99 provided in this subsection. A public defender or regional
100 counsel defending violations of special laws or county or
101 municipal ordinances punishable by incarceration and not
102 ancillary to a state charge shall contract with counties and
103 municipalities to recover the full cost of services rendered on
104 an hourly basis or reimburse the state for the full cost of
105 assigning one or more full-time equivalent attorney positions to
106 work on behalf of the county or municipality. Notwithstanding
107 any other provision of law, in the case of a county with a
108 population of less than 75,000, the public defender or regional
109 counsel shall contract for full reimbursement, or for
110 reimbursement as the parties otherwise agree. In local ordinance
111 violation cases, the county or municipality shall pay for due
112 process services that are approved by the court, including
113 deposition costs, deposition transcript costs, investigative
114 costs, witness fees, expert witness costs, and interpreter
115 costs. The person charged with the violation shall be assessed a
116 fee for the services of a public defender or regional counsel
117 and other costs and fees paid by the county or municipality,
118 which assessed fee may be reduced to a lien, in all instances in
119 which the person enters a plea of guilty or no contest or is
120 found to be in violation or guilty of any count or lesser
121 included offense of the charge or companion case charges,
122 regardless of adjudication. The court shall determine the amount
123 of the obligation. The county or municipality may recover
124 assessed fees through collections court or as otherwise
125 permitted by law, and any fees recovered pursuant to this
126 section shall be forwarded to the applicable county or
127 municipality as reimbursement.
128 (c) Any payments received pursuant to this subsection shall
129 be deposited into the Grants and Donations Trust Fund of within
130 the applicable public defender or criminal conflict and civil
131 regional counsel Justice Administrative Commission for
132 appropriation by the Legislature.
133 Section 3. Subsection (2) of section 27.703, Florida
134 Statutes, is amended to read:
135 27.703 Conflict of interest and substitute counsel.—
136 (2) Appointed counsel shall be paid from funds appropriated
137 to the Justice Administrative Commission Chief Financial
138 Officer. The hourly rate may not exceed $100. However, all
139 appointments of private counsel under this section shall be in
140 accordance with ss. 27.710 and 27.711.
141 Section 4. Paragraph (a) of subsection (1) of section
142 28.241, Florida Statutes, is amended to read:
143 28.241 Filing fees for trial and appellate proceedings.—
144 (1) Filing fees are due at the time a party files a
145 pleading to initiate a proceeding or files a pleading for
146 relief. Reopen fees are due at the time a party files a pleading
147 to reopen a proceeding if at least 90 days have elapsed since
148 the filing of a final order or final judgment with the clerk. If
149 a fee is not paid upon the filing of the pleading as required
150 under this section, the clerk shall pursue collection of the fee
151 pursuant to s. 28.246.
152 (a)1.a. Except as provided in sub-subparagraph b. and
153 subparagraph 2., the party instituting any civil action, suit,
154 or proceeding in the circuit court shall pay to the clerk of
155 that court a filing fee of up to $395 in all cases in which
156 there are not more than five defendants and an additional filing
157 fee of up to $2.50, from which the clerk shall remit $0.50 to
158 the Department of Revenue for deposit into the General Revenue
159 Fund, for each defendant in excess of five. Of the first $200 in
160 filing fees, $195 must be remitted to the Department of Revenue
161 for deposit into the State Courts Revenue Trust Fund, $4 must be
162 remitted to the Department of Revenue for deposit into the
163 Administrative Trust Fund within the Department of Financial
164 Services and used to fund the contract with the Florida Clerks
165 of Court Operations Corporation created in s. 28.35, and $1 must
166 be remitted to the Department of Revenue for deposit into the
167 Administrative Trust Fund within the Department of Financial
168 Services to fund audits of individual clerks’ court-related
169 expenditures conducted by the Department of Financial Services.
170 b. The party instituting any civil action, suit, or
171 proceeding in the circuit court under chapter 39, chapter 61,
172 chapter 741, chapter 742, chapter 747, chapter 752, or chapter
173 753 shall pay to the clerk of that court a filing fee of up to
174 $295 in all cases in which there are not more than five
175 defendants and an additional filing fee of up to $2.50 for each
176 defendant in excess of five. Of the first $100 in filing fees,
177 $95 must be remitted to the Department of Revenue for deposit
178 into the State Courts Revenue Trust Fund, $4 must be remitted to
179 the Department of Revenue for deposit into the Administrative
180 Trust Fund within the Department of Financial Services and used
181 to fund the contract with the Florida Clerks of Court Operations
182 Corporation created in s. 28.35, and $1 must be remitted to the
183 Department of Revenue for deposit into the Administrative Trust
184 Fund within the Department of Financial Services to fund audits
185 of individual clerks’ court-related expenditures conducted by
186 the Department of Financial Services.
187 c. An additional filing fee of $4 shall be paid to the
188 clerk. The clerk shall remit $3.50 to the Department of Revenue
189 for deposit into the Court Education Trust Fund and shall remit
190 50 cents to the Department of Revenue for deposit into the
191 Administrative Trust Fund within the Department of Financial
192 Services to fund clerk education provided by the Florida Clerks
193 of Court Operations Corporation. An additional filing fee of up
194 to $18 shall be paid by the party seeking each severance that is
195 granted, from which the clerk shall remit $3 to the Department
196 of Revenue for deposit into the General Revenue Fund. The clerk
197 may impose an additional filing fee of up to $85, from which the
198 clerk shall remit $10 to the Department of Revenue for deposit
199 into the General Revenue Fund, for all proceedings of
200 garnishment, attachment, replevin, and distress. Postal charges
201 incurred by the clerk of the circuit court in making service by
202 certified or registered mail on defendants or other parties
203 shall be paid by the party at whose instance service is made.
204 Additional fees, charges, or costs may not be added to the
205 filing fees imposed under this section, except as authorized in
206 this section or by general law.
207 2.a. Notwithstanding the fees prescribed in subparagraph
208 1., a party instituting a civil action in circuit court relating
209 to real property or mortgage foreclosure shall pay a graduated
210 filing fee based on the value of the claim.
211 b. A party shall estimate in writing the amount in
212 controversy of the claim upon filing the action. For purposes of
213 this subparagraph, the value of a mortgage foreclosure action is
214 based upon the principal due on the note secured by the
215 mortgage, plus interest owed on the note and any moneys advanced
216 by the lender for property taxes, insurance, and other advances
217 secured by the mortgage, at the time of filing the foreclosure.
218 The value shall also include the value of any tax certificates
219 related to the property. In stating the value of a mortgage
220 foreclosure claim, a party shall declare in writing the total
221 value of the claim, as well as the individual elements of the
222 value as prescribed in this sub-subparagraph.
223 c. In its order providing for the final disposition of the
224 matter, the court shall identify the actual value of the claim.
225 The clerk shall adjust the filing fee if there is a difference
226 between the estimated amount in controversy and the actual value
227 of the claim and collect any additional filing fee owed or
228 provide a refund of excess filing fee paid.
229 d. The party shall pay a filing fee of:
230 (I) Three hundred and ninety-five dollars in all cases in
231 which the value of the claim is $50,000 or less and in which
232 there are not more than five defendants. The party shall pay an
233 additional filing fee of up to $2.50 for each defendant in
234 excess of five. Of the first $200 in filing fees, $195 must be
235 remitted by the clerk to the Department of Revenue for deposit
236 into the General Revenue Fund, $4 must be remitted to the
237 Department of Revenue for deposit into the Administrative Trust
238 Fund within the Department of Financial Services and used to
239 fund the contract with the Florida Clerks of Court Operations
240 Corporation created in s. 28.35, and $1 must be remitted to the
241 Department of Revenue for deposit into the Administrative Trust
242 Fund within the Department of Financial Services to fund audits
243 of individual clerks’ court-related expenditures conducted by
244 the Department of Financial Services;
245 (II) Nine hundred dollars in all cases in which the value
246 of the claim is more than $50,000 but less than $250,000 and in
247 which there are not more than five defendants. The party shall
248 pay an additional filing fee of up to $2.50 for each defendant
249 in excess of five. Of the first $355 in filing fees, $350 must
250 be remitted by the clerk to the Department of Revenue for
251 deposit into the General Revenue Fund, $4 must be remitted to
252 the Department of Revenue for deposit into the Administrative
253 Trust Fund within the Department of Financial Services and used
254 to fund the contract with the Florida Clerks of Court Operations
255 Corporation created in s. 28.35, and $1 must be remitted to the
256 Department of Revenue for deposit into the Administrative Trust
257 Fund within the Department of Financial Services to fund audits
258 of individual clerks’ court-related expenditures conducted by
259 the Department of Financial Services; or
260 (III) One thousand nine hundred dollars in all cases in
261 which the value of the claim is $250,000 or more and in which
262 there are not more than five defendants. The party shall pay an
263 additional filing fee of up to $2.50 for each defendant in
264 excess of five. Of the first $1,240 $1,705 in filing fees, $465
265 $930 must be remitted by the clerk to the Department of Revenue
266 for deposit into the General Revenue Fund, $770 must be remitted
267 to the Department of Revenue for deposit into the State Courts
268 Revenue Trust Fund, $4 must be remitted to the Department of
269 Revenue for deposit into the Administrative Trust Fund within
270 the Department of Financial Services to fund the contract with
271 the Florida Clerks of Court Operations Corporation created in s.
272 28.35, and $1 must be remitted to the Department of Revenue for
273 deposit into the Administrative Trust Fund within the Department
274 of Financial Services to fund audits of individual clerks’
275 court-related expenditures conducted by the Department of
276 Financial Services.
277 e. An additional filing fee of $4 shall be paid to the
278 clerk. The clerk shall remit $3.50 to the Department of Revenue
279 for deposit into the Court Education Trust Fund and shall remit
280 50 cents to the Department of Revenue for deposit into the
281 Administrative Trust Fund within the Department of Financial
282 Services to fund clerk education provided by the Florida Clerks
283 of Court Operations Corporation. An additional filing fee of up
284 to $18 shall be paid by the party seeking each severance that is
285 granted. The clerk may impose an additional filing fee of up to
286 $85 for all proceedings of garnishment, attachment, replevin,
287 and distress. Postal charges incurred by the clerk of the
288 circuit court in making service by certified or registered mail
289 on defendants or other parties shall be paid by the party at
290 whose instance service is made. Additional fees, charges, or
291 costs may not be added to the filing fees imposed under this
292 section, except as authorized in this section or by general law.
293 Section 5. Paragraph (i) of subsection (2) and paragraph
294 (a) of subsection (3) of section 28.35, Florida Statutes, are
295 amended, and paragraph (j) is added to subsection (2) of that
296 section, to read:
297 28.35 Florida Clerks of Court Operations Corporation.—
298 (2) The duties of the corporation shall include the
299 following:
300 (i) Annually preparing a budget request which,
301 notwithstanding the provisions of chapter 216 and in accordance
302 with s. 216.351, provides the anticipated amount necessary for
303 reimbursement pursuant to s. 40.29(6) and (7). The request for
304 the anticipated reimbursement amount shall be submitted in the
305 form and manner prescribed by the Justice Administrative
306 Commission. Such request is not subject to change by the Justice
307 Administrative Commission, except for technical changes
308 necessary to conform to the legislative budget instructions, and
309 shall be submitted to the Governor for transmittal to the
310 Legislature.
311 (j) Annually preparing a budget request that,
312 notwithstanding the provisions of chapter 216 and in accordance
313 with s. 216.351, provides the anticipated amount necessary to
314 fund increases in employer contribution rates pursuant to ss.
315 121.71 and 121.72 for court-related employees participating in
316 the Florida Retirement System. The request for the anticipated
317 appropriation must be submitted in the form and manner
318 prescribed by the Justice Administrative Commission. The budget
319 request may not be changed by the Justice Administrative
320 Commission, except for technical changes necessary to conform to
321 the legislative budget instructions, and must be submitted to
322 the Governor for transmittal to the Legislature.
323 (3)(a) The list of court-related functions that clerks may
324 fund from filing fees, service charges, court costs, and fines
325 is limited to those functions expressly authorized by law or
326 court rule. Those functions include the following: case
327 maintenance; records management; court preparation and
328 attendance; processing the assignment, reopening, and
329 reassignment of cases; processing of appeals; collection and
330 distribution of fines, fees, service charges, and court costs;
331 processing of bond forfeiture payments; data collection and
332 reporting; determinations of indigent status; improving court
333 technology; and paying reasonable administrative support costs
334 to enable the clerk of the court to carry out these court
335 related functions.
336 Section 6. Paragraph (b) subsection (4) of section 28.37,
337 Florida Statutes, is amended to read:
338 28.37 Fines, fees, service charges, and costs remitted to
339 the state.—
340 (4)
341 (b) No later than February 1 annually, 2022, and each
342 February 1 thereafter, the Florida Clerks of Court Operations
343 Corporation must calculate Department of Revenue shall transfer
344 50 percent of the cumulative excess, which of the original
345 revenue projection from the Clerks of the Court Trust Fund to
346 the General Revenue Fund. The remaining 50 percent in the Clerks
347 of the Court Trust Fund may be used in the development of the
348 total combined budgets of the clerks of the court as provided in
349 s. 28.35(2)(f)6. However, A minimum of 10 percent of the clerk
350 retained portion of the cumulative excess amount must be held in
351 reserve until such funds reach an amount equal to at least 16
352 percent of the total budget authority from the current county
353 fiscal year, as provided in s. 28.36(3)(a).
354 Section 7. Paragraphs (c) and (d) of subsection (1) of
355 section 34.041, Florida Statutes, are amended to read:
356 34.041 Filing fees.—
357 (1)
358 (c) A party in addition to a party described in paragraph
359 (a) who files a pleading in an original civil action in the
360 county court for affirmative relief by cross-claim,
361 counterclaim, counterpetition, or third-party complaint, or who
362 files a notice of cross-appeal or notice of joinder or motion to
363 intervene as an appellant, cross-appellant, or petitioner, shall
364 pay the clerk of court a fee of $295 if the relief sought by the
365 party under this paragraph exceeds $2,500 but is not more than
366 $15,000 and $395 if the relief sought by the party under this
367 paragraph exceeds $15,000. The clerk shall deposit remit the fee
368 if the relief sought by the party under this paragraph exceeds
369 $2,500 but is not more than $15,000 to the Department of Revenue
370 for deposit into the fine and forfeiture fund established
371 pursuant to s. 142.01 General Revenue Fund. This fee does not
372 apply if the cross-claim, counterclaim, counterpetition, or
373 third-party complaint requires transfer of the case from county
374 to circuit court. However, the party shall pay to the clerk the
375 standard filing fee for the court to which the case is to be
376 transferred.
377 (d) The clerk of court shall collect a service charge of
378 $10 for issuing a summons or an electronic certified copy of a
379 summons, which the clerk shall deposit into the fine and
380 forfeiture fund established pursuant to s. 142.01 remit to the
381 Department of Revenue for deposit into the General Revenue Fund.
382 The clerk shall assess the fee against the party seeking to have
383 the summons issued.
384 Section 8. Subsection (6) of section 40.29, Florida
385 Statutes, is amended, and subsections (7) and (8) are added to
386 that section, to read:
387 40.29 Payment of due-process costs; reimbursement for
388 petitions, and orders, and waived civil filing fees for
389 indigency; payment of Florida Retirement System costs for court
390 related employees.—
391 (6) Subject to legislative appropriation, the Florida
392 Clerks of Court Operations Corporation clerk of the circuit
393 court may, on behalf of the clerks of the circuit court, on a
394 quarterly basis, submit to the Justice Administrative Commission
395 a certified request for reimbursement for petitions and orders
396 filed under ss. 394.459, 394.463, 394.467, 394.917, and
397 397.6814, at the rate of $40 per petition or order and for
398 orders filed under ss. 741.30, 784.046, and 784.0485, the
399 Florida Clerks of Court Operations Corporation may, on a
400 quarterly basis, submit a request for reimbursement at the rate
401 of $195 per petition. From this reimbursement, the clerk of the
402 court receiving reimbursement must pay any law enforcement
403 agency serving injunctions a fee not to exceed $40 per
404 injunction, if so requested by the law enforcement agency. Such
405 request for reimbursement shall be submitted in the form and
406 manner prescribed by the Justice Administrative Commission
407 pursuant to s. 28.35(2)(i).
408 (7) Subject to legislative appropriation, the Florida
409 Clerks of Court Operations Corporation may, on a quarterly
410 basis, submit to the Justice Administrative Commission a
411 certified request for reimbursement for approved applications
412 for civil indigency under s. 57.082, in which the civil filing
413 fee has been waived, at the rate of $195 per approved
414 application. The request for reimbursement shall be submitted in
415 the form and manner prescribed by the Justice Administrative
416 Commission pursuant to s. 28.35(2)(i).
417 (8) Subject to legislative appropriation, the Florida
418 Clerks of Court Operations Corporation must submit to the
419 Justice Administrative Commission a certified amount by county
420 of the employer contribution rate increases for the Florida
421 Retirement System for court-related employees.
422 Section 9. Paragraph (b) of subsection (7) of section
423 57.082, Florida Statutes, is amended to read:
424 57.082 Determination of civil indigent status.—
425 (7) FINANCIAL DISCREPANCIES; FRAUD; FALSE INFORMATION.—
426 (b) If the court has reason to believe that any applicant,
427 through fraud or misrepresentation, was improperly determined to
428 be indigent, the matter shall be referred to the state attorney.
429 Twenty-five percent of any amount recovered by the state
430 attorney as reasonable value of the services rendered, including
431 fees, charges, and costs paid by the state on the person’s
432 behalf, shall be remitted to the Department of Revenue for
433 deposit into the Grants and Donations Trust Fund of within the
434 applicable state attorney Justice Administrative Commission.
435 Seventy-five percent of any amount recovered shall be remitted
436 to the Department of Revenue for deposit into the General
437 Revenue Fund.
438 Section 10. Paragraph (d) of subsection (4) of section
439 110.112, Florida Statutes, is amended to read:
440 110.112 Affirmative action; equal employment opportunity.—
441 (4) Each state attorney and public defender shall:
442 (d) Report annually to the Justice Administrative
443 Commission on the implementation, continuance, updating, and
444 results of his or her affirmative action program for the
445 previous fiscal year.
446 Section 11. Present subsection (2) of section 142.01,
447 Florida Statutes, is redesignated as subsection (3), a new
448 subsection (2) is added to that section, and subsection (1) of
449 that section is amended, to read:
450 142.01 Fine and forfeiture fund; disposition of revenue;
451 clerk of the circuit court.—
452 (1)(a) There shall be established by the clerk of the
453 circuit court in each county of this state a separate fund to be
454 known as the fine and forfeiture fund for use by the clerk of
455 the circuit court in performing court-related functions. The
456 fund shall consist of the following:
457 1.(a) Fines and penalties pursuant to ss. 28.2402(2),
458 34.045(2), 316.193, 327.35, 327.72, 379.2203(1), and 775.083(1).
459 2.(b) That portion of civil penalties directed to this fund
460 pursuant to s. 318.21.
461 3.(c) Court costs pursuant to ss. 28.2402(1)(b),
462 34.045(1)(b), 318.14(10)(b), 318.18(11)(a), 327.73(9)(a) and
463 (11)(a), and 938.05(3).
464 4.(d) Proceeds from forfeited bail bonds, unclaimed bonds,
465 unclaimed moneys, or recognizances pursuant to ss. 321.05(4)(a),
466 379.2203(1), and 903.26(3)(a).
467 5.(e) Fines and forfeitures pursuant to s. 34.191.
468 6.(f) Filing fees received pursuant to ss. 28.241 and
469 34.041, unless the disposition of such fees is otherwise
470 required by law.
471 7.(g) All other revenues received by the clerk as revenue
472 authorized by law to be retained by the clerk.
473 (b) The clerk of the circuit court in each county may
474 invest funds held in the fine and forfeiture fund as provided in
475 paragraph (a) in an interest-bearing account.
476 (2) Interest earned in the fine and forfeiture fund must be
477 deposited into the Public Records Modernization Trust Fund to be
478 used exclusively for additional court-related operations and
479 enhancements.
480 Section 12. Subsection (6) of section 186.003, Florida
481 Statutes, is amended to read:
482 186.003 Definitions; ss. 186.001-186.031, 186.801-186.901.
483 As used in ss. 186.001-186.031 and 186.801-186.901, the term:
484 (6) “State agency” or “agency” means any official, officer,
485 commission, board, authority, council, committee, or department
486 of the executive branch of state government. For purposes of
487 this chapter, “state agency” or “agency” includes state
488 attorneys, public defenders, the capital collateral regional
489 counsel, the Justice Administrative Commission, and the Public
490 Service Commission.
491 Section 13. Paragraph (a) of subsection (8) and subsection
492 (18) of section 318.18, Florida Statutes, are amended to read:
493 318.18 Amount of penalties.—The penalties required for a
494 noncriminal disposition pursuant to s. 318.14 or a criminal
495 offense listed in s. 318.17 are as follows:
496 (8)(a) Any person who fails to comply with the court’s
497 requirements or who fails to pay the civil penalties specified
498 in this section within the 30-day period provided for in s.
499 318.14 must pay an additional civil penalty of $16, $1.50 $6.50
500 of which must be remitted to the Department of Revenue for
501 deposit in the General Revenue Fund, and $9.50 of which must be
502 remitted to the Department of Revenue for deposit in the Highway
503 Safety Operating Trust Fund, and $5 of which shall be retained
504 by the clerk of the court to be deposited in the Public Records
505 Modernization Trust Fund and used exclusively for funding court
506 related technology needs of the clerk, as defined in s.
507 29.008(1)(f)2. and (h). Of this additional civil penalty of $16,
508 $4 is not revenue for purposes of s. 28.36 and may not be used
509 in establishing the budget of the clerk of the court under that
510 section or s. 28.35. The department shall contract with the
511 Florida Association of Court Clerks, Inc., to design, establish,
512 operate, upgrade, and maintain an automated statewide Uniform
513 Traffic Citation Accounting System to be operated by the clerks
514 of the court which shall include, but not be limited to, the
515 accounting for traffic infractions by type, a record of the
516 disposition of the citations, and an accounting system for the
517 fines assessed and the subsequent fine amounts paid to the
518 clerks of the court. The clerks of the court must provide the
519 information required by this chapter to be transmitted to the
520 department by electronic transmission pursuant to the contract.
521 (18) In addition to any penalties imposed, an
522 administrative fee of $12.50 must be paid for all noncriminal
523 moving and nonmoving violations under chapters 316, 320, and
524 322. Of this administrative fee, $6.25 must be deposited into
525 the Public Records Modernization Trust Fund and used exclusively
526 for funding court-related technology needs of the clerk, as
527 defined in s. 29.008(1)(f)2. and (h), and $6.25 must be
528 deposited into the fine and forfeiture fund established pursuant
529 to s. 142.01 The clerk shall remit the administrative fee to the
530 Department of Revenue for deposit into the General Revenue Fund.
531 Section 14. Section 322.76, Florida Statutes, is created to
532 read:
533 322.76 Miami-Dade County Clerk of the Court Driver License
534 Reinstatement Pilot Program.—There is created in Miami-Dade
535 County the Clerk of the Court Driver License Reinstatement Pilot
536 Program.
537 (1) As used in this section, the term “clerk” means the
538 clerk of the circuit court for Miami-Dade County.
539 (2) Notwithstanding any other provision to the contrary in
540 this chapter, the clerk may reinstate or provide an affidavit to
541 the department to reinstate a suspended driver license:
542 (a) For a person who failed to fulfill a court-ordered
543 child support obligation.
544 (b) As a result of the end of suspension because of points,
545 under s. 322.27, notwithstanding the person receiving a hardship
546 waiver.
547 (c) For a person who failed to comply with any provision of
548 chapter 318 or this chapter.
549 (3) Notwithstanding s. 322.29(1), an examination is not
550 required for the reinstatement of a driver license suspended
551 under s. 318.15 or s. 322.245 unless an examination is otherwise
552 required by this chapter. A person applying for the
553 reinstatement of a driver license suspended under s. 318.15 or
554 s. 322.245 must present to the clerk certification from the
555 court that he or she has either complied with all obligations
556 and penalties imposed pursuant to s. 318.15 or with all
557 directives of the court and the requirements of s. 322.245.
558 (4) A nonrefundable service fee must be paid pursuant to s.
559 322.29(2).
560 (5) Before July 1, 2024, the department shall work with the
561 clerk, through the clerk’s association, to ensure the ability
562 within its technology system for the clerk to reinstate
563 suspended driver licenses under the pilot program, to begin on
564 July 1, 2024.
565 (6) By December 31, 2025, the clerk must submit to the
566 Governor, the President of the Senate, the Speaker of the House
567 of Representatives, and the executive director of the Florida
568 Clerks of Court Operations Corporation a report containing the
569 following information:
570 (a) Number of driver license reinstatements.
571 (b) Amount of fees and costs collected, including the
572 aggregate funds received by the clerk, local governmental
573 entities, and state entities, including the General Revenue
574 Fund.
575 (c) The personnel, operating, and other expenditures
576 incurred by the clerk.
577 (d) Feedback received from the community, if any, in
578 response to the clerk’s participation in the pilot program.
579 (e) Whether the pilot program led to improved timeliness
580 for the reinstatement of driver licenses.
581 (f) The clerk’s recommendation as to whether the pilot
582 program should be extended in Miami-Dade County or expanded to
583 other clerks’ offices.
584 (g) Any other information the clerk deems necessary.
585 (7) This section expires on July 1, 2026.
586 Section 15. Subsection (1) of section 501.2101, Florida
587 Statutes, is amended to read:
588 501.2101 Enforcing authorities; moneys received in certain
589 proceedings.—
590 (1) Any moneys received by an enforcing authority for
591 attorney attorney’s fees and costs of investigation or
592 litigation in proceedings brought under the provisions of s.
593 501.207, s. 501.208, or s. 501.211 shall be deposited as
594 received in the Legal Affairs Revolving Trust Fund if the action
595 is brought by the Department of Legal Affairs, and in the Grants
596 and Donations Consumer Frauds Trust Fund of a state attorney the
597 Justice Administrative Commission if the action is brought by
598 the a state attorney.
599 Section 16. Paragraph (a) of subsection (2) of section
600 741.30, Florida Statutes, is amended to read:
601 741.30 Domestic violence; injunction; powers and duties of
602 court and clerk; petition; notice and hearing; temporary
603 injunction; issuance of injunction; statewide verification
604 system; enforcement; public records exemption.—
605 (2)(a) Notwithstanding any other law, the assessment of a
606 filing fee for a petition for protection against domestic
607 violence is prohibited. However, subject to legislative
608 appropriation, the clerk of the circuit court may, on a
609 quarterly basis, submit to the Office of the State Courts
610 Administrator a certified request for reimbursement for
611 petitions for protection against domestic violence issued by the
612 court, at the rate of $40 per petition. The request for
613 reimbursement must be submitted in the form and manner
614 prescribed by the Office of the State Courts Administrator. From
615 this reimbursement, the clerk shall pay any law enforcement
616 agency serving the injunction the fee requested by the law
617 enforcement agency; however, this fee may not exceed $20.
618 Section 17. Paragraph (b) of subsection (3) of section
619 784.046, Florida Statutes, is amended to read:
620 784.046 Action by victim of repeat violence, sexual
621 violence, or dating violence for protective injunction; dating
622 violence investigations, notice to victims, and reporting;
623 pretrial release violations; public records exemption.—
624 (3)(b) Notwithstanding any other law, the clerk of the
625 court may not assess a fee for filing a petition for protection
626 against repeat violence, sexual violence, or dating violence.
627 However, subject to legislative appropriation, the clerk of the
628 court may, each quarter, submit to the Office of the State
629 Courts Administrator a certified request for reimbursement for
630 petitions for protection issued by the court under this section
631 at the rate of $40 per petition. The request for reimbursement
632 shall be submitted in the form and manner prescribed by the
633 Office of the State Courts Administrator. From this
634 reimbursement, the clerk shall pay the law enforcement agency
635 serving the injunction the fee requested by the law enforcement
636 agency; however, this fee may not exceed $20.
637 Section 18. Paragraph (a) of subsection (2) of section
638 784.0485, Florida Statutes, is amended to read:
639 784.0485 Stalking; injunction; powers and duties of court
640 and clerk; petition; notice and hearing; temporary injunction;
641 issuance of injunction; statewide verification system;
642 enforcement.—
643 (2)(a) Notwithstanding any other law, the clerk of court
644 may not assess a filing fee to file a petition for protection
645 against stalking. However, subject to legislative appropriation,
646 the clerk of the circuit court may, on a quarterly basis, submit
647 to the Office of the State Courts Administrator a certified
648 request for reimbursement for petitions for protection against
649 stalking issued by the court, at the rate of $40 per petition.
650 The request for reimbursement shall be submitted in the form and
651 manner prescribed by the Office of the State Courts
652 Administrator. From this reimbursement, the clerk shall pay any
653 law enforcement agency serving the injunction the fee requested
654 by the law enforcement agency; however, this fee may not exceed
655 $20.
656 Section 19. This act shall take effect upon becoming a law.