CS/HB 1121

1
A bill to be entitled
2An act relating to the clerks of court; amending s. 11.90,
3F.S.; providing for review and approval or disapproval of
4the Florida Clerks of Court Operations Corporation budget
5and the clerks of court's combined budgets by the
6Legislative Budget Commission; amending s. 25.381, F.S.;
7requiring the Supreme Court and Attorney General to
8jointly enter into a contract with a vendor to publish
9copies of Florida cases; amending s. 28.241, F.S.;
10revising the distribution of certain filing fees; amending
11s. 28.246, F.S.; requiring the clerk of court to pursue
12collection of certain fees, service charges, fines, court
13costs, and liens; revising collection fees; amending s.
1428.35, F.S.; revising the membership of the executive
15council of the Florida Clerks of Court Operations
16Corporation; providing that the corporation is subject to
17state procurement law; revising the duties of the
18corporation; amending s. 28.36, F.S.; revising the budget
19procedures of the clerks of the court; requiring the
20Auditor General to develop a study plan and present the
21plan to the Legislative Budget Commission; requiring the
22Auditor General to provide a report to the Legislature;
23requiring the Technology Review Workgroup to develop a
24plan for determining options for implementing an
25integrated computer system; prohibiting clerks of the
26court from purchasing certain new software and certain
27hardware; providing a statewide budget cap for the clerks
28of court; creating s. 28.365, F.S.; providing that the
29clerks of court are subject to state procurement law;
30amending s. 28.37, F.S.; specifying that all court-related
31fines, fees, service charges, and costs are required to be
32deposited into the Clerks of the Court Trust Fund;
33specifying that a certain percentage of all court-related
34fines collected by the clerk are required to be deposited
35into the clerk's Public Records Modernization Trust Fund
36and used exclusively for additional clerk court-related
37operational needs and program enhancements; amending s.
3834.041, F.S.; revising the distribution of certain filing
39fees; amending s. 45.035, F.S.; revising certain clerks of
40court service charge payments; amending s. 197.542, F.S.;
41requiring costs of electronic tax deed sales to be added
42to charges for certain costs of sale and paid by the
43certificateholder; amending s. 318.18, F.S.; authorizing
44certain units of local government to increase a surcharge;
45authorizing certain units of local government to impose a
46different surcharge; providing purposes for such funds;
47revising reporting requirements; providing an effective
48date.
49
50Be It Enacted by the Legislature of the State of Florida:
51
52     Section 1.  Subsection (6) of section 11.90, Florida
53Statutes, is amended to read:
54     11.90  Legislative Budget Commission.--
55     (6)  The commission shall have the power and duty to:
56     (a)  Review and approve or disapprove budget amendments
57recommended by the Governor or the Chief Justice of the Supreme
58Court as provided in chapter 216.
59     (b)  Develop the long-range financial outlook described in
60s. 19, Art. III of the State Constitution.
61     (c)  Review and approve or disapprove the Florida Clerks of
62Court Operations Corporation budget.
63     (d)  Review and approve the total of the clerks of court's
64combined budgets, disapprove the total of the clerks of court's
65combined budgets, or disapprove one or more budgets of specific
66clerks of court.
67     (e)  In addition to the powers and duties specified in this
68subsection, the commission shall exercise all other powers and
69perform any other duties prescribed by the Legislature.
70     Section 2.  Section 25.381, Florida Statutes, is amended to
71read:
72     25.381  Reports; publication; purchase and
73distribution.--The reports of the opinions of the Supreme Court
74and the district courts of appeal shall be known as Florida
75Cases. In July, 1963, and every second year thereafter until
76otherwise provided by law, the Supreme Court and the Attorney
77General shall jointly enter into a contract with a vendor West
78Publishing Corporation, St. Paul, Minnesota, providing for the
79publication, in whatever format or formats are agreed upon, and
80distribution of such copies of Florida Cases as necessary to
81furnish copies thereof to the officers and institutions as
82required or authorized by law. The copies of such reports
83purchased by the state under such contract shall be paid for
84from moneys appropriated for this purpose.
85     Section 3.  Paragraph (a) of subsection (1) of section
8628.241, Florida Statutes, is amended to read:
87     28.241  Filing fees for trial and appellate proceedings.--
88     (1)(a)  The party instituting any civil action, suit, or
89proceeding in the circuit court shall pay to the clerk of that
90court a filing fee of up to $295 in all cases in which there are
91not more than five defendants and an additional filing fee of up
92to $2.50 for each defendant in excess of five. Of the first $125
93$85 in filing fees, $120 $80 must be remitted by the clerk to
94the Department of Revenue for deposit into the General Revenue
95Fund, and $5 must be remitted to the Department of Revenue for
96deposit into the Department of Financial Services'
97Administrative Trust Fund to fund the contract with the Florida
98Clerks of Court Operations Corporation created in s. 28.35. The
99next $15 of the filing fee collected shall be deposited in the
100state courts' Mediation and Arbitration Trust Fund. One-third of
101any filing fees collected by the clerk of the circuit court in
102excess of $140 $100 shall be remitted to the Department of
103Revenue for deposit into the Department of Revenue Clerks of the
104Court Trust Fund. An additional filing fee of $4 shall be paid
105to the clerk. The clerk shall remit $3.50 to the Department of
106Revenue for deposit into the Court Education Trust Fund and
107shall remit 50 cents to the Department of Revenue for deposit
108into the Department of Financial Services Administrative Trust
109Fund to fund clerk education. An additional filing fee of up to
110$18 shall be paid by the party seeking each severance that is
111granted. The clerk may impose an additional filing fee of up to
112$85 for all proceedings of garnishment, attachment, replevin,
113and distress. Postal charges incurred by the clerk of the
114circuit court in making service by certified or registered mail
115on defendants or other parties shall be paid by the party at
116whose instance service is made. No additional fees, charges, or
117costs shall be added to the filing fees imposed under this
118section, except as authorized herein or by general law.
119     Section 4.  Subsection (6) of section 28.246, Florida
120Statutes, is amended to read:
121     28.246  Payment of court-related fees, charges, and costs;
122partial payments; distribution of funds.--
123     (6)  A clerk of court shall may pursue the collection of
124any fees, service charges, fines, court costs, and liens for the
125payment of attorney's fees and costs pursuant to s. 938.29 which
126remain unpaid after for 90 days by referring or more, or refer
127the account to a private attorney who is a member in good
128standing of The Florida Bar or collection agent who is
129registered and in good standing pursuant to chapter 559. In
130pursuing the collection of such unpaid financial obligations
131through a private attorney or collection agent, the clerk of the
132court must have attempted to collect the unpaid amount through a
133collection court, collections docket, or other collections
134process, if any, established by the court, find this to be cost-
135effective and follow any applicable procurement practices. The
136collection fee, including any reasonable attorney's fee, paid to
137any attorney or collection agent retained by the clerk may be
138added to the balance owed in an amount not to exceed 25 40
139percent of the amount owed at the time the account is referred
140to the attorney or agent for collection.
141     Section 5.  Subsections (1), (2), and (3) of section 28.35,
142Florida Statutes, are amended to read:
143     28.35  Florida Clerks of Court Operations Corporation.--
144     (1)(a)  The Florida Clerks of Court Operations Corporation
145is hereby created as a public corporation organized to perform
146the functions specified in this section. All clerks of the
147circuit court shall be members of the corporation and hold their
148position and authority in an ex officio capacity. The functions
149assigned to the corporation shall be performed by an executive
150council pursuant to the plan of operation approved by the
151members.
152     (b)  The executive council shall be composed of eight
153clerks of the court elected by the clerks of the courts for a
154term of 2 years, with two clerks from counties with a population
155of fewer than 100,000, two clerks from counties with a
156population of at least 100,000 but fewer than 500,000, two
157clerks from counties with a population of at least 500,000 but
158fewer than 1 million, and two clerks from counties with a
159population of more than 1 million. The executive council shall
160also include, as ex officio members, a designee of the Senate
161President and a designee of the Speaker of the House of
162Representatives.
163     (c)  The corporation shall be considered a political
164subdivision of the state and shall be exempt from the corporate
165income tax. The corporation is not subject to the procurement
166provisions of chapter 287. and Policies and decisions of the
167corporation relating to incurring debt, levying assessments, and
168the sale, issuance, continuation, terms, and claims under
169corporation policies, and all services relating thereto, are not
170subject to the provisions of chapter 120.
171     (d)  The functions assigned to the corporation under this
172section and ss. 28.36 and 28.37 are considered to be for a valid
173public purpose.
174     (2)  The duties of the corporation shall include the
175following:
176     (a)  Adopting a plan of operation.
177     (b)  Conducting the election of directors as required in
178paragraph (1)(a).
179     (c)  Recommending to the Legislature changes in the various
180court-related fines, fees, service charges, and court costs
181established by law to ensure reasonable and adequate funding of
182the clerks of the court in the performance of their court-
183related functions.
184     (d)  Pursuant to contract with the Chief Financial Officer,
185establishing a process for the review and certification of
186proposed court-related budgets submitted by clerks of the court
187for completeness and compliance with this section and ss. 28.36
188and 28.37. This process shall be designed and be of sufficient
189detail to permit independent verification and validation of the
190budget certification. The contract shall specify the process to
191be used in determining compliance by the corporation with this
192section and ss. 28.36 and 28.37 and shall require the
193corporation to determine the minimum amount of revenue necessary
194for each clerk to efficiently perform the list of court-related
195functions specified in paragraph (4)(a) in its budget review and
196certification process.
197     (e)  Developing and certifying a uniform system of
198performance measures and applicable performance standards for
199the functions specified in paragraph (4)(a) and clerk
200performance in meeting the performance standards. These measures
201and standards shall be designed to facilitate an objective
202determination of the performance of each clerk in accordance
203with minimum standards for fiscal management, operational
204efficiency, and effective collection of fines, fees, service
205charges, and court costs. When the corporation finds a clerk has
206not met the performance standards, the corporation shall
207identify the nature of each deficiency and any corrective action
208recommended and taken by the affected clerk of the court.
209     (f)  Reviewing and certifying proposed budgets submitted by
210clerks of the court utilizing the process approved by the Chief
211Financial Officer pursuant to paragraph (d) for the purpose of
212making the certification in paragraph (3)(a). As part of this
213process, the corporation shall:
214     1.  Calculate the maximum authorized annual budget pursuant
215to the requirements of s. 28.36.
216     2.  Calculate the minimum amount of revenue necessary for
217each clerk to efficiently perform the list of court-related
218functions specified in paragraph (4)(a).
219     3.  Prepare a cost comparison of similarly situated clerks
220of court, based on county population and numbers of filings,
221using the standard list of court-related functions specified in
222paragraph (4)(a).
223     4.  Conduct an annual base budget review and an annual
224budget exercise examining the total budget of each clerk of
225court. The review shall examine revenues from all sources,
226expenses of court-related functions, and expenses of non-court-
227related functions. Funds paid by a clerk to join or be a member
228of any group or organization shall be separately listed and the
229benefits received from any such group or organization detailed.
230The review and exercise shall identify potential targeted budget
231reductions in the percentage amount provided in Schedule VIII-B
232of the state's prior year's legislative budget instructions, as
233referenced in s. 216.023(3), or an equivalent schedule or
234instruction as may be adopted by the Legislature.
235     5.2.  Identify those proposed budgets exceeding the maximum
236annual budget pursuant to s. 28.36(5) for the standard list of
237court-related functions specified in paragraph (4)(a).
238     6.3.  Identify those proposed budgets containing funding
239for items not included on the standard list of court-related
240functions specified in paragraph (4)(a).
241     7.4.  Identify those clerks projected to have court-related
242revenues insufficient to fund their anticipated court-related
243expenditures.
244     (g)  Developing and conducting clerk budget and education
245programs.
246     (h)  Publishing a uniform schedule of actual fees, service
247charges, and costs charged by a clerk of the court for court-
248related functions pursuant to general law.
249     (i)  By August 1 of each year, submitting to the
250Legislative Budget Commission, as provided in s. 11.90, its
251proposed budget and the information described in paragraph (f),
252as well as the certified budgets for each clerk and each related
253or subsidiary corporation. By October 1 of each year, the
254Legislative Budget Commission shall consider the submitted
255budgets and shall approve or disapprove the corporation's budget
256and may approve the total of the clerks' combined budgets,
257disapprove the total of the clerks' combined budgets, or
258disapprove one or more budgets of specific clerks. If the
259Legislative Budget Commission fails to approve a clerk's budget
260by October 1, the clerk shall continue to perform the court-
261related functions specified in paragraph (4)(a) based upon the
262clerk's approved budget for the preceding county fiscal year.
263     (3)(a)  The Florida Clerks of Court Operations Corporation
264shall transmit certify to the President of the Senate, the
265Speaker of the House of Representatives, the Chief Financial
266Officer, and the Department of Revenue by October 15 of each
267year, the amount of the approved proposed budget certified for
268each clerk; the revenue projection supporting each clerk's
269budget; each clerk eligible to retain some or all of the state's
270share of fines, fees, service charges, and costs; the amount to
271be paid to each clerk from the Clerks of the Court Trust Fund
272within the Department of Revenue; the performance measures and
273standards approved by the corporation for each clerk; and the
274performance of each clerk in meeting the performance standards.
275     (b)  Prior to December 1 of each year, the Chief Financial
276Officer shall review the certifications made by the corporation
277for the purpose of determining compliance with the approved
278process and report its findings to the President of the Senate,
279the Speaker of the House of Representatives and to the
280Department of Revenue. To determine compliance with this
281process, the Chief Financial Officer may examine the budgets
282submitted to the corporation by the clerks.
283     Section 6.  Paragraph (a) of subsection (3) of section
28428.36, Florida Statutes, is amended, and subsection (8) is added
285to that section, to read:
286     28.36  Budget procedure.--There is hereby established a
287budget procedure for the court-related functions of the clerks
288of the court.
289     (3)  Each proposed budget shall further conform to the
290following requirements:
291     (a)  On or before June August 15 for each fiscal year
292thereafter, the proposed budget shall be prepared, summarized,
293and submitted by the clerk in each county to the Florida Clerks
294of Court Operations Corporation in the manner and form
295prescribed by the corporation. However, at a minimum, the
296proposed budgets shall include for each clerk the information
297required in s. 216.023(4)(a). The proposed budget must provide
298detailed information on the anticipated revenues available and
299expenditures necessary for the performance of the standard list
300of court-related functions of the clerk's office developed
301pursuant to s. 28.35(4)(a) for the county fiscal year beginning
302the following October 1. The Florida Clerks of Court Operations
303Corporation shall also prepare its proposed budget by June 15 of
304each year, which shall also contain the minimum information
305required in s. 216.023(4)(a), and provide a summary listing of
306clerks who have not met all performance measures and the
307specific measures that each clerk did not achieve.
308     (8)  It is the intent of the Legislature that the budget
309and appropriations functions of and related to the clerks of
310court shall be a part of the state budgeting process by the
3112011-2012 fiscal year. To that end:
312     (a)1.  The Auditor General, with assistance from the Office
313of Program Policy Analysis and Government Accountability, shall
314develop, by September 1, 2009, a study plan and present the plan
315to the Legislative Budget Commission. The plan shall describe
316how the Auditor General will study the funding and operations of
317the state courts system and the clerks of court performing
318court-related functions.
319     2.  By December 31, 2010, the Auditor General shall provide
320a report to the President of the Senate and the Speaker of the
321House of Representatives regarding the operation and
322relationship of the clerks of court and the courts. The Auditor
323General shall examine who is performing each court-related
324function and how each function is funded. By a date certain set
325by the Auditor General, the state courts system shall recommend
326to the Legislature if there are any court-related clerk's
327functions that should be performed by the state courts system,
328and the corporation shall recommend to the Legislature if there
329are any court-related administrative functions currently
330performed by the state courts system that should be performed by
331the clerks. The clerks of court, the Florida Clerks of Court
332Operations Corporation, and the state courts system are directed
333to cooperate fully with the Auditor General and each shall
334provide the Auditor General with any and all information
335necessary to the review without cost or delay. The final report
336shall describe in detail the base budget for each of the clerks
337and for the state courts system. The base budget shall be
338further examined and the cost of performing every court-related
339function shall be described in detail within those budgets.
340Administrative overhead shall be calculated separately and any
341apparent means to reduce such overhead shall be explored and
342reported on. The study shall examine whether the clerks of court
343should adopt the state budget cycle and, if so, how that would
344be accomplished. Finally, the study shall list each court-
345related function, a recommendation on who should perform the
346function, and a recommendation of how to pay for such function.
347     (b)  The Technology Review Workgroup shall develop a
348proposed plan for identifying and recommending options for
349implementing the integrated computer system established in s.
35029.008(1)(f)2. The plan shall describe the approaches and
351processes for evaluating the existing computer systems and data-
352sharing networks of the state courts system and the clerks of
353the court; identifying the required business and technical
354requirements; reliably estimating the cost, work, and change
355requirements; and examining the use of the funds collected under
356s. 28.24(12)(e). The plan may also address any necessary policy,
357operational, fiscal, or technical changes, including, but not
358limited to, potential changes to the distribution and use of
359funds collected under s. 28.24(12)(e) that may be needed in
360order to manage, implement, and operate an integrated computer
361system. The plan shall be submitted to the Speaker of the House
362of Representatives and the President of the Senate no later than
363December 31, 2009. The clerks of court, the Florida Clerks of
364Court Operations Corporation, and the state courts system are
365directed to cooperate fully with the Technology Review
366Workgroup, and each shall provide the Technology Review
367Workgroup with any and all information necessary for the
368completion of the project without cost or delay. The workgroup
369shall work in conjunction with the Auditor General and consider
370the results of the plans, studies, and reports of the Auditor
371General described in paragraph (a). Until July 1, 2011, a clerk
372may not purchase any new software but may purchase regular and
373necessary upgrades to existing software if otherwise budgeted.
374Until July 1, 2011, a clerk may not purchase any computer
375hardware other than that necessary to replace broken equipment
376or necessary to equip new staff and only if otherwise budgeted.
377A clerk may apply to the Legislative Budget Commission for a
378limited and specific exception to these purchasing limits.
379     Section 7.  Notwithstanding s. 28.36, Florida Statutes, the
380statewide budget cap for the clerks of court is $474,174,512 for
381the county fiscal year 2008-2009. The Florida Clerks of Court
382Operations Corporation shall reduce the individual approved
383budgets of the clerks of court to ensure that the sum of the
384approved budgets does not exceed this statewide cap.
385     Section 8.  Section 28.365, Florida Statutes, is created to
386read:
387     28.365  Procurement.--The clerks of court are subject to
388the procurement requirements and limitations of chapter 287.
389     Section 9.  Subsections (2) through (5) of section 28.37,
390Florida Statutes, are renumbered as subsections (3) through (6),
391respectively, and a new subsection (2) is added to that section
392to read:
393     28.37  Fines, fees, service charges, and costs remitted to
394the state.--
395     (2)  Except as otherwise provided in ss. 28.241 and 34.041,
396all court-related fines, fees, service charges, and costs are
397considered state funds and shall be remitted by the clerk to the
398Department of Revenue for deposit into the Clerks of the Court
399Trust Fund. However, 10 percent of all court-related fines
400collected by the clerk shall be deposited into the clerk's
401Public Records Modernization Trust Fund to be used exclusively
402for additional clerk court-related operational needs and program
403enhancements.
404     Section 10.  Paragraph (b) of subsection (1) of section
40534.041, Florida Statutes, is amended to read:
406     34.041  Filing fees.--
407     (1)
408     (b)  The first $120 $80 of the filing fee collected under
409subparagraph (a)4. shall be remitted to the Department of
410Revenue for deposit into the General Revenue Fund. The next $15
411of the filing fee collected under subparagraph (a)4., and the
412first $15 of each filing fee collected under subparagraph (a)6.,
413shall be deposited in the state courts' Mediation and
414Arbitration Trust Fund. One-third of any filing fees collected
415by the clerk under this section in excess of the first $135 $95
416collected under subparagraph (a)4. shall be remitted to the
417Department of Revenue for deposit into the Department of Revenue
418Clerks of the Court Trust Fund. An additional filing fee of $4
419shall be paid to the clerk. The clerk shall transfer $3.50 to
420the Department of Revenue for deposit into the Court Education
421Trust Fund and shall transfer 50 cents to the Department of
422Revenue for deposit into the Department of Financial Services'
423Administrative Trust Fund to fund clerk education. Postal
424charges incurred by the clerk of the county court in making
425service by mail on defendants or other parties shall be paid by
426the party at whose instance service is made. Except as provided
427herein, filing fees and service charges for performing duties of
428the clerk relating to the county court shall be as provided in
429ss. 28.24 and 28.241. Except as otherwise provided herein, all
430filing fees shall be retained as fee income of the office of the
431clerk of circuit court. Filing fees imposed by this section may
432not be added to any penalty imposed by chapter 316 or chapter
433318.
434     Section 11.  Subsection (3) of section 45.035, Florida
435Statutes, as amended by section 3 of chapter 2009-21, Laws of
436Florida, is amended to read:
437     45.035  Clerk's fees.--In addition to other fees or service
438charges authorized by law, the clerk shall receive service
439charges related to the judicial sales procedure set forth in ss.
44045.031-45.034 and this section:
441     (3)  If the sale is conducted by electronic means, as
442provided in s. 45.031(10), the clerk shall receive an additional
443a service charge not to exceed of $70 as provided in subsection
444(1) for services in conducting or contracting for the electronic
445sale, which service charge shall be assessed as costs and paid
446by the winning bidder shall be advanced by the plaintiff before
447the sale. If the clerk requires advance electronic deposits to
448secure the right to bid, such deposits shall not be subject to
449the fee under s. 28.24(10). The portion of an advance deposit
450from a winning bidder required by s. 45.031(3) shall, upon
451acceptance of the winning bid, be subject to the fee under s.
45228.24(10).
453     Section 12.  Paragraph (c) is added to subsection (4) of
454section 197.542, Florida Statutes, to read:
455     197.542  Sale at public auction.--
456     (4)
457     (c)  The costs of electronic tax deed sales shall be added
458to the charges for the costs of sale under subsection (1) and
459paid by the certificateholder when filing an application for a
460tax deed.
461     Section 13.  Subsection (13) of section 318.18, Florida
462Statutes, is amended to read:
463     318.18  Amount of penalties.--The penalties required for a
464noncriminal disposition pursuant to s. 318.14 or a criminal
465offense listed in s. 318.17 are as follows:
466     (13)(a)  In addition to any penalties imposed for
467noncriminal traffic infractions pursuant to this chapter or
468imposed for criminal violations listed in s. 318.17, a board of
469county commissioners or any unit of local government that which
470is consolidated as provided by s. 9, Art. VIII of the State
471Constitution of 1885, as preserved by s. 6(e), Art. VIII of the
472Constitution of 1968:
473     1.(a)  May impose by ordinance a surcharge of up to $30 $15
474for any infraction or violation to fund state court facilities.
475The court shall not waive this surcharge. Up to 25 percent of
476the revenue from such surcharge may be used to support local law
477libraries provided that the county or unit of local government
478provides a level of service equal to that provided prior to July
4791, 2004, which shall include the continuation of library
480facilities located in or near the county courthouse or any annex
481to the courthouse annexes.
482     2.(b)  May, if such board or unit That imposed increased
483fees or service charges by ordinance under s. 28.2401, s.
48428.241, or s. 34.041 for the purpose of securing payment of the
485principal and interest on bonds issued by the county before July
4861, 2003, to finance state court facilities, may impose by
487ordinance a surcharge for any infraction or violation for the
488exclusive purpose of securing payment of the principal and
489interest on bonds issued by the county before July 1, 2003, to
490fund state court facilities until the date of stated maturity.
491The court shall not waive this surcharge. Such surcharge may not
492exceed an amount per violation calculated as the quotient of the
493maximum annual payment of the principal and interest on the
494bonds as of July 1, 2003, divided by the number of traffic
495citations for county fiscal year 2002-2003 certified as paid by
496the clerk of the court of the county. Such quotient shall be
497rounded up to the next highest dollar amount. The bonds may be
498refunded only if savings will be realized on payments of debt
499service and the refunding bonds are scheduled to mature on the
500same date or before the bonds being refunded. Notwithstanding
501any of the foregoing provisions of this subparagraph paragraph
502that limit the use of surcharge revenues, if the revenues
503generated as a result of the adoption of this ordinance exceed
504the debt service on the bonds, the surplus revenues may be used
505to pay down the debt service on the bonds; fund other state-
506court-facility construction projects as may be certified by the
507chief judge as necessary to address unexpected growth in
508caseloads, emergency requirements to accommodate public access,
509threats to the safety of the public, judges, staff, and
510litigants, or other exigent circumstances; or support local law
511libraries in or near the county courthouse or any annex to the
512courthouse annexes.
513     3.  May impose by ordinance a surcharge for any infraction
514or violation for the exclusive purpose of securing payment of
515the principal and interest on bonds issued by the county on or
516after July 1, 2009, to fund state court facilities until the
517stated date of maturity. The court may not waive this surcharge.
518The surcharge may not exceed an amount per violation calculated
519as the quotient of the maximum annual payment of the principal
520and interest on the bonds, divided by the number of traffic
521citations certified as paid by the clerk of the court of the
522county on August 15 of each year. The quotient shall be rounded
523up to the next highest dollar amount. The bonds may be refunded
524if savings are realized on payments of debt service and the
525refunding bonds are scheduled to mature on or before the
526maturity date of the bonds being refunded. If the revenues
527generated as a result of the adoption of the ordinance exceed
528the debt service on the bonds, the surplus revenues may be used
529to pay the debt service on the bonds; to fund other state court
530facility construction projects certified by the chief judge as
531necessary to address unexpected growth in caseloads, emergency
532requirements to accommodate public access, threats to the safety
533of the public, judges, staff, and litigants, or other exigent
534circumstances; or to support local law libraries in or near the
535county courthouse or any annex to the courthouse.
536     (b)  A county may not impose both of the surcharges
537authorized under subparagraphs paragraphs (a)1., 2., and 3. (b)
538concurrently. The clerk of court shall report, no later than 30
539days after the end of the quarter, the amount of funds collected
540under this subsection during each quarter of the fiscal year.
541The clerk shall submit the report, in a format developed by the
542Office of State Courts Administrator, to the chief judge of the
543circuit, the Governor, the President of the Senate, and the
544Speaker of the House of Representatives, and the board of county
545commissioners.
546     Section 14.  This bill shall take effect July 1, 2009.


CODING: Words stricken are deletions; words underlined are additions.