Florida Senate - 2024               CS for CS for CS for SB 1470
       
       
        
       By the Committee on Appropriations; the Appropriations Committee
       on Criminal and Civil Justice; the Committee on Judiciary; and
       Senators Hutson, Rouson, Martin, and Hooper
       
       
       
       576-03820-24                                          20241470c3
    1                        A bill to be entitled                      
    2         An act relating to clerks of court; amending s. 27.52,
    3         F.S.; revising the fund into which moneys recovered by
    4         certain state attorneys must be deposited; amending s.
    5         27.54, F.S.; revising the fund into which certain
    6         payments received must be deposited as related to
    7         public defenders or criminal conflict and civil
    8         regional counsels; amending s. 27.703, F.S.; revising
    9         the entity that funds the capital collateral regional
   10         counsel; amending s. 28.35, F.S.; revising the list of
   11         court-related functions that clerks may fund from
   12         filing fees, service charges, court costs, and fines;
   13         amending s. 34.041, F.S.; revising the fund into which
   14         certain filing fees are to be deposited; amending s.
   15         57.082, F.S.; conforming provisions to changes made by
   16         the act; amending s. 110.112, F.S.; deleting a
   17         provision requiring each state attorney to publish an
   18         annual report addressing results of his or her
   19         affirmative action program; amending s. 186.003, F.S.;
   20         revising the definition of the term “state agency” for
   21         certain purposes; amending s. 318.18, F.S.; revising
   22         the distribution of certain administrative fees;
   23         creating s. 322.76, F.S.; creating the Clerk of the
   24         Court Driver License Reinstatement Pilot Program;
   25         authorizing the clerk of the circuit court for Miami
   26         Dade County to reinstate or provide an affidavit to
   27         the department to reinstate certain suspended driver
   28         licenses; establishing requirements for the clerk
   29         under the program to be performed by a date certain;
   30         providing for expiration of the program; amending s.
   31         501.2101, F.S.; revising the funds into which certain
   32         moneys received by state attorneys must be deposited;
   33         providing an effective date.
   34          
   35  Be It Enacted by the Legislature of the State of Florida:
   36  
   37         Section 1. Paragraph (b) of subsection (7) of section
   38  27.52, Florida Statutes, is amended to read:
   39         27.52 Determination of indigent status.—
   40         (7) FINANCIAL DISCREPANCIES; FRAUD; FALSE INFORMATION.—
   41         (b) If the court has reason to believe that any applicant,
   42  through fraud or misrepresentation, was improperly determined to
   43  be indigent or indigent for costs, the matter shall be referred
   44  to the state attorney. Twenty-five percent of any amount
   45  recovered by the state attorney as reasonable value of the
   46  services rendered, including fees, charges, and costs paid by
   47  the state on the person’s behalf, shall be remitted to the
   48  Department of Revenue for deposit into the Grants and Donations
   49  Trust Fund of the applicable state attorney within the Justice
   50  Administrative Commission. Seventy-five percent of any amount
   51  recovered shall be remitted to the Department of Revenue for
   52  deposit into the General Revenue Fund.
   53         Section 2. Paragraph (c) of subsection (2) of section
   54  27.54, Florida Statutes, is amended to read:
   55         27.54 Limitation on payment of expenditures other than by
   56  the state.—
   57         (2) A county or municipality may contract with, or
   58  appropriate or contribute funds to, the operation of the offices
   59  of the various public defenders and regional counsels counsel as
   60  provided in this subsection. A public defender or regional
   61  counsel defending violations of special laws or county or
   62  municipal ordinances punishable by incarceration and not
   63  ancillary to a state charge shall contract with counties and
   64  municipalities to recover the full cost of services rendered on
   65  an hourly basis or reimburse the state for the full cost of
   66  assigning one or more full-time equivalent attorney positions to
   67  work on behalf of the county or municipality. Notwithstanding
   68  any other provision of law, in the case of a county with a
   69  population of less than 75,000, the public defender or regional
   70  counsel shall contract for full reimbursement, or for
   71  reimbursement as the parties otherwise agree. In local ordinance
   72  violation cases, the county or municipality shall pay for due
   73  process services that are approved by the court, including
   74  deposition costs, deposition transcript costs, investigative
   75  costs, witness fees, expert witness costs, and interpreter
   76  costs. The person charged with the violation shall be assessed a
   77  fee for the services of a public defender or regional counsel
   78  and other costs and fees paid by the county or municipality,
   79  which assessed fee may be reduced to a lien, in all instances in
   80  which the person enters a plea of guilty or no contest or is
   81  found to be in violation or guilty of any count or lesser
   82  included offense of the charge or companion case charges,
   83  regardless of adjudication. The court shall determine the amount
   84  of the obligation. The county or municipality may recover
   85  assessed fees through collections court or as otherwise
   86  permitted by law, and any fees recovered pursuant to this
   87  section shall be forwarded to the applicable county or
   88  municipality as reimbursement.
   89         (c) Any payments received pursuant to this subsection shall
   90  be deposited into the Grants and Donations Trust Fund of within
   91  the applicable public defender or criminal conflict and civil
   92  regional counsel Justice Administrative Commission for
   93  appropriation by the Legislature.
   94         Section 3. Subsection (2) of section 27.703, Florida
   95  Statutes, is amended to read:
   96         27.703 Conflict of interest and substitute counsel.—
   97         (2) Appointed counsel shall be paid from funds appropriated
   98  to the Justice Administrative Commission Chief Financial
   99  Officer. The hourly rate may not exceed $100. However, all
  100  appointments of private counsel under this section shall be in
  101  accordance with ss. 27.710 and 27.711.
  102         Section 4. Paragraph (a) of subsection (3) of section
  103  28.35, Florida Statutes, is amended to read:
  104         28.35 Florida Clerks of Court Operations Corporation.—
  105         (3)(a) The list of court-related functions that clerks may
  106  fund from filing fees, service charges, court costs, and fines
  107  is limited to those functions expressly authorized by law or
  108  court rule. Those functions include the following: case
  109  maintenance; records management; court preparation and
  110  attendance; processing the assignment, reopening, and
  111  reassignment of cases; processing of appeals; collection and
  112  distribution of fines, fees, service charges, and court costs;
  113  processing of bond forfeiture payments; data collection and
  114  reporting; determinations of indigent status; improving court
  115  technology; and paying reasonable administrative support costs
  116  to enable the clerk of the court to carry out these court
  117  related functions.
  118         Section 5. Paragraph (d) of subsection (1) of section
  119  34.041, Florida Statutes, is amended to read:
  120         34.041 Filing fees.—
  121         (1)
  122         (d) The clerk of court shall collect a service charge of
  123  $10 for issuing a summons or an electronic certified copy of a
  124  summons, which the clerk shall deposit into the fine and
  125  forfeiture fund established pursuant to s. 142.01 remit to the
  126  Department of Revenue for deposit into the General Revenue Fund.
  127  The clerk shall assess the fee against the party seeking to have
  128  the summons issued.
  129         Section 6. Paragraph (b) of subsection (7) of section
  130  57.082, Florida Statutes, is amended to read:
  131         57.082 Determination of civil indigent status.—
  132         (7) FINANCIAL DISCREPANCIES; FRAUD; FALSE INFORMATION.—
  133         (b) If the court has reason to believe that any applicant,
  134  through fraud or misrepresentation, was improperly determined to
  135  be indigent, the matter shall be referred to the state attorney.
  136  Twenty-five percent of any amount recovered by the state
  137  attorney as reasonable value of the services rendered, including
  138  fees, charges, and costs paid by the state on the person’s
  139  behalf, shall be remitted to the Department of Revenue for
  140  deposit into the Grants and Donations Trust Fund of within the
  141  applicable state attorney Justice Administrative Commission.
  142  Seventy-five percent of any amount recovered shall be remitted
  143  to the Department of Revenue for deposit into the General
  144  Revenue Fund.
  145         Section 7. Paragraph (d) of subsection (4) of section
  146  110.112, Florida Statutes, is amended to read:
  147         110.112 Affirmative action; equal employment opportunity.—
  148         (4) Each state attorney and public defender shall:
  149         (d)Report annually to the Justice Administrative
  150  Commission on the implementation, continuance, updating, and
  151  results of his or her affirmative action program for the
  152  previous fiscal year.
  153         Section 8. Subsection (6) of section 186.003, Florida
  154  Statutes, is amended to read:
  155         186.003 Definitions; ss. 186.001-186.031, 186.801-186.901.
  156  As used in ss. 186.001-186.031 and 186.801-186.901, the term:
  157         (6) “State agency” or “agency” means any official, officer,
  158  commission, board, authority, council, committee, or department
  159  of the executive branch of state government. For purposes of
  160  this chapter, “state agency” or “agency” includes state
  161  attorneys, public defenders, the capital collateral regional
  162  counsel, the Justice Administrative Commission, and the Public
  163  Service Commission.
  164         Section 9. Subsection (18) of section 318.18, Florida
  165  Statutes, is amended to read:
  166         318.18 Amount of penalties.—The penalties required for a
  167  noncriminal disposition pursuant to s. 318.14 or a criminal
  168  offense listed in s. 318.17 are as follows:
  169         (18) In addition to any penalties imposed, an
  170  administrative fee of $12.50 must be paid for all noncriminal
  171  moving and nonmoving violations under chapters 316, 320, and
  172  322. Of this administrative fee, $6.25 must be deposited into
  173  the Public Records Modernization Trust Fund and used exclusively
  174  for funding court-related technology needs of the clerk, as
  175  described in s. 29.008(1)(f)2. and (h), and $6.25 must be
  176  deposited into the fine and forfeiture fund established pursuant
  177  to s. 142.01 The clerk shall remit the administrative fee to the
  178  Department of Revenue for deposit into the General Revenue Fund.
  179         Section 10. Section 322.76, Florida Statutes, is created to
  180  read:
  181         322.76Miami-Dade County Clerk of Court Driver License
  182  Reinstatement Pilot Program.—There is created in Miami-Dade
  183  County the Clerk of Court Driver License Reinstatement Pilot
  184  Program.
  185         (1)As used in this section, the term “clerk” means the
  186  clerk of the circuit court for Miami-Dade County.
  187         (2)Notwithstanding any other provision to the contrary in
  188  this chapter, the clerk may reinstate or provide an affidavit to
  189  the department to reinstate a suspended driver license:
  190         (a)For a person’s failure to fulfill a court-ordered child
  191  support obligation.
  192         (b)As a result of the end of suspension because of points,
  193  under s. 322.27, notwithstanding hardship license.
  194         (c)For failure to comply with any provision of chapter 318
  195  or this chapter.
  196         (3)Notwithstanding s. 322.29(1), an examination is not
  197  required for the reinstatement of a driver license suspended
  198  under s. 318.15 or s. 322.245 unless an examination is otherwise
  199  required by this chapter. A person applying for the
  200  reinstatement of a driver license suspended under s. 318.15 or
  201  s. 322.245 must present to the clerk certification from the
  202  court that he or she has either complied with all obligations
  203  and penalties imposed pursuant to s. 318.15 or with all
  204  directives of the court and the requirements of s. 322.245.
  205         (4)A nonrefundable service fee must be paid pursuant to s.
  206  322.29(2).
  207         (5)Before July 1, 2024, the department shall work with the
  208  clerk, through its association, to ensure the ability within its
  209  technology system for the clerk to reinstate suspended driver
  210  licenses under the pilot program, to begin on July 1, 2024.
  211         (6)By December 31, 2025, the clerk must submit to the
  212  Governor, the President of the Senate, the Speaker of the House
  213  of Representatives, and the executive director of the Florida
  214  Clerks of Court Operations Corporation a report containing the
  215  following information:
  216         (a)Number of driver license reinstatements.
  217         (b)Amount of fees and costs collected, including the
  218  aggregate funds received by the clerk, local governmental
  219  entities, and state entities, including the General Revenue
  220  Fund.
  221         (c)The personnel, operating, and other expenditures
  222  incurred by the clerk.
  223         (d)Feedback received from the community, if any, in
  224  response to the clerk’s participation in the pilot program.
  225         (e)Whether the pilot program led to improved timeliness
  226  for the reinstatement of driver licenses.
  227         (f)The clerk’s recommendation as to whether the pilot
  228  program should be extended in Miami-Dade County or to other
  229  clerks’ offices.
  230         (g)Any other information the clerk deems necessary.
  231         (7)This section is repealed on July 1, 2026.
  232         Section 11. Subsection (1) of section 501.2101, Florida
  233  Statutes, is amended to read:
  234         501.2101 Enforcing authorities; moneys received in certain
  235  proceedings.—
  236         (1) Any moneys received by an enforcing authority for
  237  attorney attorney’s fees and costs of investigation or
  238  litigation in proceedings brought under the provisions of s.
  239  501.207, s. 501.208, or s. 501.211 shall be deposited as
  240  received in the Legal Affairs Revolving Trust Fund if the action
  241  is brought by the Department of Legal Affairs, and in the Grants
  242  and Donations Consumer Frauds Trust Fund of a state attorney the
  243  Justice Administrative Commission if the action is brought by
  244  the a state attorney.
  245         Section 12. This act shall take effect upon becoming a law.