((LATE FILED FOR: APRIL 28 SPECIAL ORDER ))	Amendment
Bill No. CS/CS/SB 2108

Amendment No. 153253

CHAMBER ACTION
Senate		House
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1	Representative Bogdanoff offered the following:
2
3	Substitute Amendment for Amendment (194225) to Senate Bill
4	(with title amendment)
5	Remove everything after the enacting clause and insert:
6	Section 1.  Subsections (1) and (2) of section 28.241,
7	Florida Statutes, are amended to read:
8	28.241  Filing fees for trial and appellate proceedings.--
9	(1)(a)  The party instituting any civil action, suit, or
10	proceeding in the circuit court shall pay to the clerk of that
11	court a filing fee of up to $295 in all cases in which there are
12	not more than five defendants and an additional filing fee of up
13	to $2.50 for each defendant in excess of five. Of the first $85
14	in filing fees, $80 must be remitted by the clerk to the
15	Department of Revenue for deposit into the General Revenue Fund,
16	$3.50 and $5 must be remitted to the Department of Revenue for
17	deposit into the Clerks of the Court Trust Fund within the
18	Justice Administrative Commission and used Department of
19	Financial Services' Administrative Trust Fund to fund the
20	contract with the Florida Clerks of Court Operations Corporation
21	created in s. 28.35, and $1.50 shall be remitted to the
22	Department of Revenue for deposit into the Administrative Trust
23	Fund within the Department of Financial Services to fund clerk
24	budget reviews conducted by the Department of Financial
25	Services. The next $15 of the filing fee collected shall be
26	deposited in the state courts' Mediation and Arbitration Trust
27	Fund. One-third of any filing fees collected by the clerk of the
28	circuit court in excess of $100 shall be remitted to the
29	Department of Revenue for deposit into the Department of Revenue
30	Clerks of the Court Trust Fund within the Justice Administrative
31	Commission. An additional filing fee of $4 shall be paid to the
32	clerk. The clerk shall remit $3.50 to the Department of Revenue
33	for deposit into the Court Education Trust Fund and shall remit
34	50 cents to the Department of Revenue for deposit into the
35	Clerks of the Court Department of Financial Services
36	Administrative Trust Fund within the Justice Administrative
37	Commission to fund clerk education. An additional filing fee of
38	up to $18 shall be paid by the party seeking each severance that
39	is granted. The clerk may impose an additional filing fee of up
40	to $85 for all proceedings of garnishment, attachment, replevin,
41	and distress. Postal charges incurred by the clerk of the
42	circuit court in making service by certified or registered mail
43	on defendants or other parties shall be paid by the party at
44	whose instance service is made. No additional fees, charges, or
45	costs shall be added to the filing fees imposed under this
46	section, except as authorized herein or by general law.
47	(b)  A party reopening any civil action, suit, or
48	proceeding in the circuit court shall pay to the clerk of court
49	a filing fee set by the clerk in an amount not to exceed $50.
50	For purposes of this section, a case is reopened when a case
51	previously reported as disposed of is resubmitted to a court and
52	includes petitions for modification of a final judgment of
53	dissolution. A party is exempt from paying the fee for any of
54	the following:
55	1.  A writ of garnishment;
56	2.  A writ of replevin;
57	3.  A distress writ;
58	4.  A writ of attachment;
59	5.  A motion for rehearing filed within 10 days;
60	6.  A motion for attorney's fees filed within 30 days after
61	entry of a judgment or final order;
62	7.  A motion for dismissal filed after a mediation
63	agreement has been filed;
64	8.  A disposition of personal property without
65	administration;
66	9.  Any probate case prior to the discharge of a personal
67	representative;
68	10.  Any guardianship pleading prior to discharge;
69	11.  Any mental health pleading;
70	12.  Motions to withdraw by attorneys;
71	13.  Motions exclusively for the enforcement of child
72	support orders;
73	14.  A petition for credit of child support;
74	15.  A Notice of Intent to Relocate and any order issuing
75	as a result of an uncontested relocation;
76	16.  Stipulations;
77	17.  Responsive pleadings; or
78	18.  Cases in which there is no initial filing fee.
79	(c)  Any party other than a party described in paragraph
80	(a) who files a pleading in an original civil action in circuit
81	court for affirmative relief by cross-claim, counterclaim, or
82	third-party complaint shall pay the clerk of court a fee of
83	$295. The clerk shall remit the fee to the Department of Revenue
84	for deposit into the General Revenue Fund.
85	(d)  The clerk of court shall collect a service charge of
86	$10 for issuing a summons. The clerk shall assess the fee
87	against the party seeking to have the summons issued.
88	(2)  Upon the institution of any appellate proceeding from
89	any lower court to the circuit court of any such county,
90	including appeals filed by a county or municipality as provided
91	in s. 34.041(5), or from the circuit court to an appellate court
92	of the state, the clerk shall charge and collect from the party
93	or parties instituting such appellate proceedings a filing fee
94	not to exceed $280 for filing a notice of appeal from the county
95	court to the circuit court and, in addition to the filing fee
96	required under s. 25.241 or s. 35.22, $100 for filing a notice
97	of appeal from the circuit court to the district court of appeal
98	or to the Supreme Court. If the party is determined to be
99	indigent, the clerk shall defer payment of the fee. The clerk
100	shall remit the first $80 to the Department of Revenue for
101	deposit into the General Revenue Fund. One-third of the fee
102	collected by the clerk in excess of $80 also shall be remitted
103	to the Department of Revenue for deposit into the Clerks of the
104	Court Trust Fund.
105	Section 2.  Paragraph (b) of subsection (5) and subsection
106	(6) of section 28.246, Florida Statutes, are amended to read:
107	28.246  Payment of court-related fees, charges, and costs;
108	partial payments; distribution of funds.--
109	(5)  When receiving partial payment of fees, service
110	charges, court costs, and fines, clerks shall distribute funds
111	according to the following order of priority:
112	(b)  That portion of fees, service charges, court costs,
113	and fines which are required to be retained by the clerk of the
114	court or deposited into the Clerks of the Court Trust Fund
115	within the Justice Administrative Commission.
116
117	To offset processing costs, clerks may impose either a per-month
118	service charge pursuant to s. 28.24(26)(b) or a one-time
119	administrative processing service charge at the inception of the
120	payment plan pursuant to s. 28.24(26)(c).
121	(6)  A clerk of court shall may pursue the collection of
122	any fees, service charges, fines, court costs, and liens for the
123	payment of attorney's fees and costs pursuant to s. 938.29 which
124	remain unpaid after for 90 days by referring or more, or refer
125	the account to a private attorney who is a member in good
126	standing of The Florida Bar or collection agent who is
127	registered and in good standing pursuant to chapter 559. In
128	pursuing the collection of such unpaid financial obligations
129	through a private attorney or collection agent, the clerk of the
130	court must have attempted to collect the unpaid amount through a
131	collection court, collections docket, or other collections
132	process, if any, established by the court, find this to be cost-
133	effective and follow any applicable procurement practices. The
134	collection fee, including any reasonable attorney's fee, paid to
135	any attorney or collection agent retained by the clerk may be
136	added to the balance owed in an amount not to exceed 40 percent
137	of the amount owed at the time the account is referred to the
138	attorney or agent for collection.
139	Section 3.  Section 28.35, Florida Statutes, is amended to
140	read:
141	28.35  Florida Clerks of Court Operations Corporation.--
142	(1)(a)  The Florida Clerks of Court Operations Corporation
143	is hereby created as a public corporation organized to perform
144	the functions specified in this section and s. 28.36 and shall
145	be administratively housed within the Justice Administrative
146	Commission. The corporation shall be a budget entity within the
147	Justice Administrative Commission, and its employees shall be
148	considered state employees. The corporation is not subject to
149	control, supervision, or direction by the Justice Administrative
150	Commission in the performance of its duties, but the employees
151	of the corporation shall be governed by the classification plan
152	and salary and benefits plan of the Justice Administrative
153	Commission. The classification plan must have a separate chapter
154	for the corporation. All clerks of the circuit court shall be
155	members of the corporation and hold their position and authority
156	in an ex officio capacity. The functions assigned to the
157	corporation shall be performed by an executive council pursuant
158	to the plan of operation approved by the members.
159	(b)  The executive council shall be composed of eight
160	clerks of the court elected by the clerks of the courts for a
161	term of 2 years, with two clerks from counties with a population
162	of fewer than 100,000, two clerks from counties with a
163	population of at least 100,000 but fewer than 500,000, two
164	clerks from counties with a population of at least 500,000 but
165	fewer than 1 million, and two clerks from counties with a
166	population of more than 1 million. The executive council shall
167	also include, as ex officio members, a designee of the President
168	of the Senate and a designee of the Speaker of the House of
169	Representatives. The Chief Justice of the Supreme Court shall
170	designate one additional member to represent the state courts
171	system.
172	(c)  The corporation shall be considered a political
173	subdivision of the state and shall be exempt from the corporate
174	income tax. The corporation is not subject to the procurement
175	provisions of chapter 287 and policies and decisions of the
176	corporation relating to incurring debt, levying assessments, and
177	the sale, issuance, continuation, terms, and claims under
178	corporation policies, and all services relating thereto, are not
179	subject to the provisions of chapter 120.
180	(d)  The functions assigned to the corporation under this
181	section and ss. 28.36 and 28.37 are considered to be for a valid
182	public purpose.
183	(2)  The duties of the corporation shall include the
184	following:
185	(a)  Adopting a plan of operation.
186	(b)  Conducting the election of directors as required in
187	paragraph (1)(a).
188	(c)  Recommending to the Legislature changes in the various
189	court-related fines, fees, service charges, and court costs
190	established by law to ensure reasonable and adequate funding of
191	the clerks of the court in the performance of their court-
192	related functions.
193	(d)  Pursuant to contract with the Chief Financial Officer,
194	establishing a process for the review and certification of
195	proposed court-related budgets submitted by clerks of the court
196	for completeness and compliance with this section and ss. 28.36
197	and 28.37. This process shall be designed and be of sufficient
198	detail to permit independent verification and validation of the
199	budget certification. The contract shall specify the process to
200	be used in determining compliance by the corporation with this
201	section and ss. 28.36 and 28.37.
202	(d)(e)  Developing and certifying a uniform system of
203	performance measures and applicable performance standards for
204	the functions specified in paragraph (3)(a) and the service unit
205	costs required in s. 28.36 paragraph (4)(a) and measures for
206	clerk performance in meeting the performance standards. These
207	measures and standards shall be designed to facilitate an
208	objective determination of the performance of each clerk in
209	accordance with minimum standards for fiscal management,
210	operational efficiency, and effective collection of fines, fees,
211	service charges, and court costs. The corporation shall develop
212	the performance measures and performance standards in
213	consultation with the Legislature and the Supreme Court. The
214	Legislature may modify the clerk performance measures and
215	performance standards in legislation implementing the General
216	Appropriations Act or other law. When the corporation finds a
217	clerk has not met the performance standards, the corporation
218	shall identify the nature of each deficiency and any corrective
219	action recommended and taken by the affected clerk of the court.
220	The corporation shall notify the Legislature and the Supreme
221	Court of any clerk not meeting performance standards and provide
222	a copy of any corrective action plans.
223	(e)(f)  Reviewing and certifying proposed budgets submitted
224	by clerks of the court pursuant to s. 28.36 utilizing the
225	process approved by the Chief Financial Officer pursuant to
226	paragraph (d) for the purpose of making the certification in
227	paragraph (3)(a). As part of this process, the corporation
228	shall:
229	1.  Calculate the maximum authorized annual budget pursuant
230	to the requirements of s. 28.36.
231	2.  Identify those proposed budgets exceeding the maximum
232	annual budget pursuant to s. 28.36(5) for the standard list of
233	court-related functions specified in paragraph (4)(a).
234	3.  Identify those proposed budgets containing funding for
235	items not included on the standard list of court-related
236	functions specified in paragraph (4)(a).
237	4.  Identify those clerks projected to have court-related
238	revenues insufficient to fund their anticipated court-related
239	expenditures.
240	(f)(g)  Developing and conducting clerk education programs.
241	(g)(h)  Publishing a uniform schedule of actual fees,
242	service charges, and costs charged by a clerk of the court for
243	court-related functions pursuant to general law.
244	(3)(a)  The Clerks of Court Operations Corporation shall
245	certify to the President of the Senate, the Speaker of the House
246	of Representatives, the Chief Financial Officer, and the
247	Department of Revenue by October 15 of each year, the amount of
248	the proposed budget certified for each clerk; the revenue
249	projection supporting each clerk's budget; each clerk eligible
250	to retain some or all of the state's share of fines, fees,
251	service charges, and costs; the amount to be paid to each clerk
252	from the Clerks of the Court Trust Fund within the Department of
253	Revenue; the performance measures and standards approved by the
254	corporation for each clerk; and the performance of each clerk in
255	meeting the performance standards.
256	(b)  Prior to December 1 of each year, the Chief Financial
257	Officer shall review the certifications made by the corporation
258	for the purpose of determining compliance with the approved
259	process and report its findings to the President of the Senate,
260	the Speaker of the House of Representatives and to the
261	Department of Revenue. To determine compliance with this
262	process, the Chief Financial Officer may examine the budgets
263	submitted to the corporation by the clerks.
264	(3)(4)(a)  The list of court-related functions that clerks
265	may perform are fund from filing fees, service charges, court
266	costs, and fines shall be limited to those functions expressly
267	authorized by law or court rule. Those functions must include
268	the following: case maintenance; records management; court
269	preparation and attendance; processing the assignment,
270	reopening, and reassignment of cases; processing of appeals;
271	collection and distribution of fines, fees, service charges, and
272	court costs; processing of bond forfeiture payments; payment of
273	jurors and witnesses; payment of expenses for meals or lodging
274	provided to jurors; data collection and reporting; processing of
275	jurors; determinations of indigent status; and reasonable
276	administrative support costs to enable the clerk of the court to
277	carry out these court-related functions.
278	(b)  The list of functions that clerks may not fund from
279	state appropriations filing fees, service charges, court costs,
280	and fines shall include:
281	1.  Those functions not specified within paragraph (a).
282	2.  Functions assigned by administrative orders which are
283	not required for the clerk to perform the functions in paragraph
284	(a).
285	3.  Enhanced levels of service which are not required for
286	the clerk to perform the functions in paragraph (a).
287	4.  Functions identified as local requirements in law or
288	local optional programs.
289	(4)(5)  The corporation shall prepare a legislative budget
290	request for the resources necessary to perform its duties,
291	submit the request pursuant to chapter 216, and be funded as a
292	budget entity in the General Appropriations Act pursuant to
293	contract with the Chief Financial Officer. Funds shall be
294	provided to the Chief Financial Officer for this purpose as
295	appropriated by general law. These funds shall be available to
296	the corporation for the performance of the duties and
297	responsibilities as set forth in this section. The corporation
298	may hire staff and pay other expenses from state appropriations
299	these funds as necessary to perform the official duties and
300	responsibilities of the corporation as described by law in this
301	section.
302	(5)(6)(a)  The corporation shall submit an annual audited
303	financial statement to the Auditor General in a form and manner
304	prescribed by the Auditor General. The Auditor General shall
305	conduct an annual audit of the operations of the corporation,
306	including the use of funds and compliance with the provisions of
307	this section and ss. 28.36 and 28.37.
308	(b)  Certified public accountants conducting audits of
309	counties pursuant to s. 218.39 shall report, as part of the
310	audit, whether or not the clerks of the courts have complied
311	with the requirements of this section and s. 28.36. In addition,
312	each clerk of court shall forward a copy of the portion of the
313	financial audit relating to the court-related duties of the
314	clerk of court to the Supreme Court budgets certified by the
315	Florida Clerk of Courts Operations Corporation pursuant to the
316	budget review process pursuant to contract with the Chief
317	Financial Officer and with the performance standards developed
318	and certified pursuant to this section. The Auditor General
319	shall develop a compliance supplement for the audit of
320	compliance with the budgets and applicable performance standards
321	certified by the corporation.
322	Section 4.  Section 28.36, Florida Statutes, is amended to
323	read:
324	28.36  Budget procedure.--There is hereby established a
325	budget procedure for the preparing budget requests for funding
326	for the court-related functions of the clerks of the court.
327	(1)  Each clerk of court shall prepare a budget request for
328	the last quarter of the county fiscal year and the first three
329	quarters of the next county fiscal year. The proposed budget
330	shall be prepared, summarized, and submitted by the clerk in
331	each county to the Florida Clerks of Court Operations
332	Corporation in the manner and form prescribed by the corporation
333	to meet the requirements of law. Each clerk shall forward a copy
334	of his or her budget request to the Supreme Court. The budget
335	requests must be provided to the corporation by October 1 of
336	each year.
337	(1)  Only those functions on the standard list developed
338	pursuant to s. 28.35(4)(a) may be funded from fees, service
339	charges, court costs, and fines retained by the clerks of the
340	court. No clerk may use fees, service charges, court costs, and
341	fines in excess of the maximum budget amounts as established in
342	subsection (5).
343	(2)  For the period July 1, 2004, through September 30,
344	2004, and for each county fiscal year ending September 30
345	thereafter, each clerk of the court shall prepare a budget
346	relating solely to the performance of the standard list of
347	court-related functions pursuant to s. 28.35(4)(a).
348	(3)  Each proposed budget shall further conform to the
349	following requirements:
350	(a)  On or before August 15 for each fiscal year
351	thereafter, the proposed budget shall be prepared, summarized,
352	and submitted by the clerk in each county to the Clerks of Court
353	Operations Corporation in the manner and form prescribed by the
354	corporation. The proposed budget must provide detailed
355	information on the anticipated revenues available and
356	expenditures necessary for the performance of the standard list
357	of court-related functions of the clerk's office developed
358	pursuant to s. 28.35(4)(a) for the county fiscal year beginning
359	the following October 1.
360	(b)  The proposed budget must be balanced, such that the
361	total of the estimated revenues available must equal or exceed
362	the total of the anticipated expenditures. These revenues
363	include the following: cash balances brought forward from the
364	prior fiscal period; revenue projected to be received from fees,
365	service charges, court costs, and fines for court-related
366	functions during the fiscal period covered by the budget; and
367	supplemental revenue that may be requested pursuant to
368	subsection (4). The anticipated expenditures must be itemized as
369	required by the corporation, pursuant to contract with the Chief
370	Financial Officer.
371	(c)  The proposed budget may include a contingency reserve
372	not to exceed 10 percent of the total budget, provided that,
373	overall, the proposed budget does not exceed the limits
374	prescribed in subsection (5).
375	(4)  If a clerk of the court estimates that available funds
376	plus projected revenues from fines, fees, service charges, and
377	costs for court-related services are insufficient to meet the
378	anticipated expenditures for the standard list of court-related
379	functions in s. 28.35(4)(a) performed by his or her office, the
380	clerk must report the revenue deficit to the Clerks of Court
381	Operations Corporation in the manner and form prescribed by the
382	corporation pursuant to contract with the Chief Financial
383	Officer. The corporation shall verify that the proposed budget
384	is limited to the standard list of court-related functions in s.
385	28.35(4)(a).
386	(2)(a)  Each clerk shall include in his or her budget
387	request a projection of the amount of court-related fees,
388	service charges, and any other court-related clerk fees which
389	will be collected during the proposed budget period. If the
390	corporation determines verifies that the proposed budget is
391	limited to the standard list of court-related functions in s.
392	28.35(3)(a) s. 28.35(4)(a) and the projected court-related
393	revenues are less than the proposed budget, the a revenue
394	deficit is projected, a clerk seeking to retain revenues
395	pursuant to this subsection shall increase all fees, service
396	charges, and any other court-related clerk fees and charges to
397	the maximum amounts specified by law or the amount necessary to
398	resolve the deficit, whichever is less.
399	(3)  Each clerk shall include in his or her budget request
400	the number of personnel and the proposed budget for each of the
401	following core services:
402	(a)  Case processing.
403	(b)  Financial processing.
404	(c)  Jury management.
405	(d)  Information and reporting.
406
407	Central administrative costs shall be allocated among the core-
408	services categories.
409	(4)  The budget request must identify the service units to
410	be provided within each core service. The service units shall be
411	developed by the corporation, in consultation with the Supreme
412	Court, the Chief Financial Officer, and the appropriation
413	committees of the Senate and the House of Representatives.
414	(5)  The budget request must propose a unit cost for each
415	service unit. The corporation shall provide a copy of each
416	clerk's budget request to the Supreme Court.
417	(6)  The corporation shall review each individual clerk's
418	prior-year expenditures, projected revenue, proposed unit costs,
419	and the proposed budget for each of the core-services
420	categories. The corporation shall compare each clerk's prior-
421	year expenditures and unit costs for core services with a peer
422	group of clerks' offices having a population of a similar size
423	and a similar number of case filings. If the corporation finds
424	that the expenditures, unit costs, or proposed budget of a clerk
425	are significantly higher than those of clerks in that clerk's
426	peer group, the corporation shall require the clerk to submit
427	documentation justifying the difference in each core-services
428	category. Justification for higher expenditures may include, but
429	are not limited to, collective bargaining agreements, county
430	civil service agreements, and the number and distribution of
431	courthouses served by the clerk. If the expenditures and unit
432	costs are not justified, the corporation shall recommend a
433	reduction in the funding for that core-services category in the
434	budget request to an amount similar to the peer group of clerks
435	or to an amount that the corporation determines is justified.
436	(7)  The corporation shall complete its review and
437	adjustments to the clerks' budget requests and make its
438	recommendations to the Legislature and the Supreme Court by
439	December 1 each year.
440	(8)  The Chief Financial Officer shall review the proposed
441	unit costs associated with each clerk of court's budget request
442	and make recommendations to the Legislature. The Chief Financial
443	Officer may conduct any audit of the corporation or a clerk of
444	court as authorized by law. The Chief Justice of the Supreme
445	Court may request an audit of the corporation or any clerk of
446	court by the Chief Financial Officer.
447	(9)  The Legislature shall appropriate the total amount for
448	the budgets of the clerks in the General Appropriations Act. The
449	Legislature may reject or modify any or all of the unit costs
450	recommended by the corporation. If the Legislature does not
451	specify the unit costs in the General Appropriations Act or
452	other law, the unit costs recommended by the corporation shall
453	be the official unit costs for that budget period.
454	(10)  For the 2009-2010 fiscal year, the corporation shall
455	release appropriations in an amount equal to one-twelfth of each
456	clerk's approved budget each month. The statewide total
457	appropriation for the 2009-2010 fiscal year shall be set in the
458	General Appropriations Act. The corporation shall determine the
459	amount of each clerk of court budget, but the statewide total of
460	such amounts may not exceed the amount listed in the General
461	Appropriations Act. Beginning in the 2010-2011 fiscal year, the
462	corporation shall release appropriations to each clerk
463	quarterly. The amount of the release shall be based on the prior
464	quarter's performance of service units identified in the four
465	core services and the established unit costs for each clerk. If,
466	after increasing fees, service charges, and any other court-
467	related clerk fees and charges to the maximum amounts specified
468	by law, a revenue deficit is still projected, the corporation
469	shall, pursuant to the terms of the contract with the Chief
470	Financial Officer, certify a revenue deficit and notify the
471	Department of Revenue that the clerk is authorized to retain
472	revenues, in an amount necessary to fully fund the projected
473	revenue deficit, which he or she would otherwise be required to
474	remit to the Department of Revenue for deposit into the
475	Department of Revenue Clerks of the Court Trust Fund pursuant to
476	s. 28.37. If a revenue deficit is projected for that clerk after
477	retaining all of the projected collections from the court-
478	related fines, fees, service charges, and costs, the Department
479	of Revenue shall certify the amount of the revenue deficit
480	amount to the Executive Office of the Governor and request
481	release authority for funds appropriated for this purpose from
482	the Department of Revenue Clerks of the Court Trust Fund.
483	Notwithstanding provisions of s. 216.192 related to the release
484	of funds, the Executive Office of the Governor may approve the
485	release of funds appropriated to resolve projected revenue
486	deficits in accordance with the notice, review, and objection
487	procedures set forth in s. 216.177 and shall provide notice to
488	the Chief Financial Officer. The Department of Revenue is
489	directed to request monthly distributions from the Chief
490	Financial Officer in equal amounts to each clerk certified to
491	have a revenue deficit, in accordance with the releases approved
492	by the Governor.
493	(b)  If the Chief Financial Officer finds the court-related
494	budget proposed by a clerk includes functions not included in
495	the standard list of court-related functions in s. 28.35(4)(a),
496	the Chief Financial Officer shall notify the clerk of the amount
497	of the proposed budget not eligible to be funded from fees,
498	service charges, costs, and fines for court-related functions
499	and shall identify appropriate corrective measures to ensure
500	budget integrity. The clerk shall then immediately discontinue
501	all ineligible expenditures of court-related funds for this
502	purpose and reimburse the Clerks of the Court Trust Fund for any
503	previously ineligible expenditures made for non-court-related
504	functions, and shall implement any corrective actions identified
505	by the Chief Financial Officer.
506	(5)(a)  For the county fiscal year October 1, 2004, through
507	September 30, 2005, the maximum annual budget amount for the
508	standard list of court-related functions of the clerks of court
509	in s. 28.35(4)(a) that may be funded from fees, service charges,
510	court costs, and fines retained by the clerks of the court shall
511	not exceed:
512	1.  One hundred and three percent of the clerk's estimated
513	expenditures for the prior county fiscal year; or
514	2.  One hundred and five percent of the clerk's estimated
515	expenditures for the prior county fiscal year for those clerks
516	in counties that for calendar years 1998-2002 experienced an
517	average annual increase of at least 5 percent in both population
518	and case filings for all case types as reported through the
519	Summary Reporting System used by the state courts system.
520	(b)  For the county fiscal year 2005-2006, the maximum
521	budget amount for the standard list of court-related functions
522	of the clerks of court in s. 28.35(4)(a) that may be funded from
523	fees, service charges, court costs, and fines retained by the
524	clerks of the court shall be the approved budget for county
525	fiscal year 2004-2005 adjusted by the projected percentage
526	change in revenue between the county fiscal years 2004-2005 and
527	2005-2006.
528	(c)  For the county fiscal years 2006-2007 and thereafter,
529	the maximum budget amount for the standard list of court-related
530	functions of the clerks of court in s. 28.35(4)(a) that may be
531	funded from fees, service charges, court costs, and fines
532	retained by the clerks of the court shall be established by
533	first rebasing the prior fiscal year budget to reflect the
534	actual percentage change in the prior fiscal year revenue and
535	then adjusting the rebased prior fiscal year budget by the
536	projected percentage change in revenue for the proposed budget
537	year. The rebasing calculations and maximum annual budget
538	calculations shall be as follows:
539	1.  For county fiscal year 2006-2007, the approved budget
540	for county fiscal year 2004-2005 shall be adjusted for the
541	actual percentage change in revenue between the two 12-month
542	periods ending June 30, 2005, and June 30, 2006. This result is
543	the rebased budget for the county fiscal year 2005-2006. Then
544	the rebased budget for the county fiscal year 2005-2006 shall be
545	adjusted by the projected percentage change in revenue between
546	the county fiscal years 2005-2006 and 2006-2007. This result
547	shall be the maximum annual budget amount for the standard list
548	of court-related functions of the clerks of court in s.
549	28.35(4)(a) that may be funded from fees, service charges, court
550	costs, and fines retained by the clerks of the court for each
551	clerk for the county fiscal year 2006-2007.
552	2.  For county fiscal year 2007-2008, the rebased budget
553	for county fiscal year 2005-2006 shall be adjusted for the
554	actual percentage change in revenue between the two 12-month
555	periods ending June 30, 2006, and June 30, 2007. This result is
556	the rebased budget for the county fiscal year 2006-2007. The
557	rebased budget for county fiscal year 2006-2007 shall be
558	adjusted by the projected percentage change in revenue between
559	the county fiscal years 2006-2007 and 2007-2008. This result
560	shall be the maximum annual budget amount for the standard list
561	of court-related functions of the clerks of court in s.
562	28.35(4)(a) that may be funded from fees, service charges, court
563	costs, and fines retained by the clerks of the court for county
564	fiscal year 2007-2008.
565	3.  For county fiscal years 2008-2009 and thereafter, the
566	maximum budget amount for the standard list of court-related
567	functions of the clerks of court in s. 28.35(4)(a) that may be
568	funded from fees, service charges, court costs, and fines
569	retained by the clerks of the court shall be calculated as the
570	rebased budget for the prior county fiscal year adjusted by the
571	projected percentage change in revenues between the prior county
572	fiscal year and the county fiscal year for which the maximum
573	budget amount is being authorized. The rebased budget for the
574	prior county fiscal year shall always be calculated by adjusting
575	the rebased budget for the year preceding the prior county
576	fiscal year by the actual percentage change in revenues between
577	the 12-month period ending June 30 of the year preceding the
578	prior county fiscal year and the 12-month period ending June 30
579	of the prior county fiscal year.
580	(6)  The Legislative Budget Commission may approve
581	increases to the maximum annual budgets approved for individual
582	clerks of the court pursuant to this section for court-related
583	duties, if either of the following conditions exist:
584	(a)  The additional funding is necessary to pay the cost of
585	performing new or additional functions required by changes in
586	law or court rule. Before the Legislative Budget Commission may
587	approve an increase in the maximum annual budget of any clerk
588	under this paragraph, the Clerk of the Court Operations
589	Corporation must provide the Legislative Budget Commission with
590	a statement of the impact of the proposed budget changes on
591	state revenues, and evidence that the respective clerk of the
592	court is meeting or exceeding the established performance
593	standards for measures on the fiscal management, operational
594	efficiency, and effective collection of fines, fees, service
595	charges, and court costs.
596	(b)  The additional funding is necessary to pay the cost of
597	supporting increases in the number of judges or magistrates
598	authorized by the Legislature. Before the Legislative Budget
599	Commission may approve an increase in the maximum annual budget
600	of any clerk under this paragraph, the Clerk of the Court
601	Operations Corporation must provide the Legislative Budget
602	Commission with a statement of the impact of the proposed budget
603	changes on state revenues; evidence that the respective clerk of
604	the court is meeting or exceeding the established performance
605	standards for measures on the fiscal management, operational
606	efficiency, and effective collection of fines, fees, service
607	charges, and court costs; and a proposed staffing model,
608	including the cost and number of staff necessary to support each
609	new judge or magistrate.
610
611	The total amount of increases approved by the Legislative Budget
612	Commission for each county fiscal year shall not exceed an
613	amount equal to 2 percent of the maximum annual budgets approved
614	pursuant to this section for all clerks, in the aggregate, for
615	that same county fiscal year.
616	(11)(7)  The corporation may submit proposed legislation to
617	the Governor, the President of the Senate, and the Speaker of
618	the House of Representatives relating to the preparation of
619	budget requests of the clerks of court no later than November 1
620	in any year for approval of clerk budget request amounts
621	exceeding the restrictions in this section for the following
622	October 1. If proposed legislation is recommended, the
623	corporation shall also submit supporting justification with
624	sufficient detail to identify the specific proposed expenditures
625	that would cause the limitations to be exceeded for each
626	affected clerk and the estimated fiscal impact on state
627	revenues.
628	Section 5.  Section 28.37, Florida Statutes, is amended to
629	read:
630	28.37  Fines, fees, service charges, and costs remitted to
631	the state.--
632	(1)  Pursuant to s. 14(b), Art. V of the State
633	Constitution, selected salaries, costs, and expenses of the
634	state courts system and court-related functions shall be funded
635	from a portion of the revenues derived from statutory fines,
636	fees, service charges, and costs collected by the clerks of the
637	court.
638	(2)  Except as otherwise provided in ss. 28.241 and 34.041,
639	all court-related fines, fees, service charges, and costs are
640	considered state funds and shall be remitted by the clerk to the
641	Department of Revenue for deposit into the Clerks of the Court
642	Trust Fund within the Justice Administrative Commission.
643	However, 10 percent of all court-related fines collected by the
644	clerk shall be deposited into the clerk's Public Records
645	Modernization Trust Fund to be used exclusively for additional
646	clerk court-related operational needs and program enhancements.
647	(2)  Beginning August 1, 2004, except as otherwise provided
648	in ss. 28.241 and 34.041, one-third of all fines, fees, service
649	charges, and costs collected by the clerks of the court during
650	the prior month for the performance of court-related functions
651	shall be remitted to the Department of Revenue for deposit in
652	the Department of Revenue Clerks of the Court Trust Fund. These
653	collections do not include funding received for the operation of
654	the Title IV-D child support collections and disbursement
655	program. The clerk of the court shall remit the revenues
656	collected during the prior month due to the state on or before
657	the 20th day of each month. The Department of Revenue shall make
658	a monthly transfer of the funds in the Department of Revenue
659	Clerks of the Court Trust Fund that are not needed to resolve
660	clerk of the court revenue deficits, as specified in s. 28.36,
661	to the General Revenue Fund.
662	(3)  For the period of October 1, 2003, to June 30, 2004,
663	those clerks operating as fee officers for court-related
664	services shall determine the amount of fees collected and
665	expenses generated for court-related services. Any excess fees
666	generated during this period shall be remitted to the county on
667	December 31, 2004. However, any billings for payment of due
668	process services rendered before July 1, 2004, may be paid by
669	the clerk from these funds. Due process services shall include,
670	but not be limited to, court reporter services, court
671	interpreter services, expert witness services, mental health
672	evaluations, and court-appointed counsel services. In addition,
673	any deficit experienced by the clerk for court-related services
674	during the period from October 1, 2003, to June 30, 2004, shall
675	be funded by the county.
676	(4)  Beginning January 1, 2005, for the period July 1,
677	2004, through September 30, 2004, and each January 1 thereafter
678	for the preceding county fiscal year of October 1 through
679	September 30, the clerk of the court must remit to the
680	Department of Revenue for deposit in the General Revenue Fund
681	the cumulative excess of all fees, service charges, court costs,
682	and fines retained by the clerks of the court, plus any funds
683	received by the clerks of the court from the Department of
684	Revenue Clerk of the Court Trust Fund under s. 28.36(4)(a), over
685	the amount needed to meet the approved budget amounts
686	established under s. 28.36.
687	(5)  The Department of Revenue shall collect any funds that
688	the corporation determines upon investigation were due on
689	January 1 but not remitted to the department.
690	Section 6.  Subsection (1) of section 28.43, Florida
691	Statutes, is amended to read:
692	28.43  Adoption of rules relating to ss. 28.35, 28.36, and
693	28.37.--
694	(1)  The Department of Revenue may adopt rules necessary to
695	carry out its responsibilities in ss. 28.35, 28.36, and 28.37.
696	The rules shall include forms and procedures for transferring
697	funds from the clerks of the court to the Clerks of the Court
698	Trust Fund within the Justice Administrative Commission
699	Department of Revenue.
700	Section 7.  Paragraph (b) of subsection (1) of section
701	34.041, Florida Statutes, is amended to read:
702	34.041  Filing fees.--
703	(1)
704	(b)  The first $80 of the filing fee collected under
705	subparagraph (a)4. shall be remitted to the Department of
706	Revenue for deposit into the General Revenue Fund. The next $15
707	of the filing fee collected under subparagraph (a)4., and the
708	first $15 of each filing fee collected under subparagraph (a)6.,
709	shall be deposited in the state courts' Mediation and
710	Arbitration Trust Fund. One-third of any filing fees collected
711	by the clerk under this section in excess of the first $95
712	collected under subparagraph (a)4. shall be remitted to the
713	Department of Revenue for deposit into the Department of Revenue
714	Clerks of the Court Trust Fund. An additional filing fee of $4
715	shall be paid to the clerk. The clerk shall transfer $3.50 to
716	the Department of Revenue for deposit into the Court Education
717	Trust Fund and shall transfer 50 cents to the Department of
718	Revenue for deposit into the Clerks of the Court Department of
719	Financial Services' Administrative Trust Fund within the Justice
720	Administrative Commission to fund clerk education. Postal
721	charges incurred by the clerk of the county court in making
722	service by mail on defendants or other parties shall be paid by
723	the party at whose instance service is made. Except as provided
724	herein, filing fees and service charges for performing duties of
725	the clerk relating to the county court shall be as provided in
726	ss. 28.24 and 28.241. Except as otherwise provided herein, all
727	filing fees shall be remitted to the Department of Revenue for
728	deposit into the Clerks of the Court Trust Fund within the
729	Justice Administrative Commission retained as fee income of the
730	office of the clerk of circuit court. Filing fees imposed by
731	this section may not be added to any penalty imposed by chapter
732	316 or chapter 318.
733	Section 8.  Subsection (5) of section 43.16, Florida
734	Statutes, is amended to read
735	43.16  Justice Administrative Commission; membership,
736	powers and duties.--
737	(5)  The duties of the commission shall include, but not be
738	limited to, the following:
739	(a)  The maintenance of a central state office for
740	administrative services and assistance when possible to and on
741	behalf of the state attorneys and public defenders of Florida,
742	the capital collateral regional counsel of Florida, the criminal
743	conflict and civil regional counsel, and the Guardian Ad Litem
744	Program, and the Florida Clerks of Court Operations Corporation.
745	(b)  Each state attorney, public defender, and criminal
746	conflict and civil regional counsel, and the Guardian Ad Litem
747	Program, and the Florida Clerks of Court Operations Corporation
748	shall continue to prepare necessary budgets, vouchers that
749	represent valid claims for reimbursement by the state for
750	authorized expenses, and other things incidental to the proper
751	administrative operation of the office, such as revenue
752	transmittals to the Chief Financial Officer and automated
753	systems plans, but will forward same to the commission for
754	recording and submission to the proper state officer. However,
755	when requested by a state attorney, a public defender, a
756	criminal conflict and civil regional counsel, or the Guardian Ad
757	Litem Program, the commission will either assist in the
758	preparation of budget requests, voucher schedules, and other
759	forms and reports or accomplish the entire project involved.
760	Section 9.  Section 43.27, Florida Statutes, is amended to
761	read
762	43.27  Office hours of clerks of court.--With the advice
763	and consent of the chief judge of the circuit, the clerks of the
764	courts of the several counties may establish the hours during
765	which the office of clerk may be open to the public. The hours
766	should conform as nearly as possible to the customary weekday
767	hours of business prevailing in the county. The clerk may
768	prescribe that the office be open such additional hours as
769	public needs require. The clerk of court may not close any
770	office of the clerk of court during customary weekday hours
771	without the consent of the chief judge of the circuit.
772	Section 10.  Subsection (3) of section 45.035, Florida
773	Statutes, as amended by section 3 of chapter 2009-21, Laws of
774	Florida, is amended to read:
775	45.035  Clerk's fees.--In addition to other fees or service
776	charges authorized by law, the clerk shall receive service
777	charges related to the judicial sales procedure set forth in ss.
778	45.031-45.034 and this section:
779	(3)  If the sale is conducted by electronic means, as
780	provided in s. 45.031(10), the clerk shall receive an additional
781	a service charge not to exceed of $70 as provided in subsection
782	(1) for services in conducting or contracting for the electronic
783	sale, which service charge shall be assessed as costs and paid
784	by the winning bidder shall be advanced by the plaintiff before
785	the sale. If the clerk requires advance electronic deposits to
786	secure the right to bid, such deposits shall not be subject to
787	the fee under s. 28.24(10). The portion of an advance deposit
788	from a winning bidder required by s. 45.031(3) shall, upon
789	acceptance of the winning bid, be subject to the fee under s.
790	28.24(10).
791	Section 11.  Paragraph (y) of subsection (2) of section
792	110.205, Florida Statutes, is amended to read:
793	110.205  Career service; exemptions.--
794	(2)  EXEMPT POSITIONS.--The exempt positions that are not
795	covered by this part include the following:
796	(y)  All officers and employees of the Justice
797	Administrative Commission, Office of the State Attorney, Office
798	of the Public Defender, regional offices of capital collateral
799	counsel, offices of criminal conflict and civil regional
800	counsel, and Statewide Guardian Ad Litem Office, including the
801	circuit guardian ad litem programs and the Florida Clerks of
802	Court Operations Corporation.
803	Section 12.  Section 142.01, Florida Statutes, is amended
804	to read:
805	142.01  Fine and forfeiture fund; disposition of revenue;
806	clerk of the circuit court.--
807	(1)  There shall be established by the clerk of the circuit
808	court in each county of this state a separate fund to be known
809	as the fine and forfeiture fund for use by the clerk of the
810	circuit court in performing court-related functions. The fund
811	shall consist of the following:
812	(a)(1)  Fines and penalties pursuant to ss. 28.2402(2),
813	34.045(2), 316.193, 327.35, 327.72, 379.2203(1), and 775.083(1).
814	(b)(2)  That portion of civil penalties directed to this
815	fund pursuant to s. 318.21.
816	(c)(3)  Court costs pursuant to ss. 28.2402(1)(b),
817	34.045(1)(b), 318.14(10)(b), 318.18(11)(a), 327.73(9)(a) and
818	(11)(a), and 938.05(3).
819	(d)(4)  Proceeds from forfeited bail bonds, unclaimed
820	bonds, unclaimed moneys, or recognizances pursuant to ss.
821	321.05(4)(a), 379.2203(1), and 903.26(3)(a).
822	(e)(5)  Fines and forfeitures pursuant to s. 34.191.
823	(f)(6)  All other revenues received by the clerk as revenue
824	authorized by law to be retained by the clerk.
825	(2)  All revenues received by the clerk in the fine and
826	forfeiture fund from court-related fees, fines, costs, and
827	service charges are considered state funds and shall be remitted
828	monthly to the Department of Revenue for deposit into the Clerks
829	of the Court Trust Fund within the Justice Administrative
830	Commission.
831	(3)  Notwithstanding the provisions of this section, all
832	fines and forfeitures arising from operation of the provisions
833	of s. 318.1215 shall be disbursed in accordance with that
834	section.
835	Section 13.  Subsection (4) of section 197.542, Florida
836	Statutes, is amended to read:
837	197.542  Sale at public auction.--
838	(4)(a)  A clerk may conduct electronic tax deed sales in
839	lieu of public outcry. The clerk must comply with the procedures
840	provided in this chapter, except that electronic proxy bidding
841	shall be allowed and the clerk may require bidders to advance
842	sufficient funds to pay the deposit required by subsection (2).
843	The clerk shall provide access to the electronic sale by
844	computer terminals open to the public at a designated location.
845	A clerk who conducts such electronic sales may receive
846	electronic deposits and payments related to the sale. The
847	portion of an advance deposit from a winning bidder required by
848	subsection (2) shall, upon acceptance of the winning bid, be
849	subject to the fee under s. 28.24(10).
850	(b)  Nothing in this subsection shall be construed to
851	restrict or limit the authority of a charter county from
852	conducting electronic tax deed sales. In a charter county where
853	the clerk of the circuit court does not conduct all electronic
854	sales, the charter county shall be permitted to receive
855	electronic deposits and payments related to sales it conducts,
856	as well as to subject the winning bidder to a fee, consistent
857	with the schedule in s. 28.24(10).
858	(c)  The costs of electronic tax deed sales shall be added
859	to the charges for the costs of sale under subsection (1) and
860	paid by the certificateholder when filing an application for a
861	tax deed.
862	Section 14.  Section 213.131, Florida Statutes, is amended
863	to read:
864	213.131  Department of Revenue Clerks of the Court Trust
865	Fund within the Justice Administrative Commission.--The
866	Department of Revenue Clerks of the Court Trust Fund is created
867	within the Justice Administrative Commission Department of
868	Revenue. Funds received by the department from the clerks of
869	court shall be credited to the trust fund as provided in ch.
870	2001-122, Laws of Florida, to be used for the purposes set forth
871	in such legislation.
872	Section 15.  Paragraph (qq) of subsection (1) of section
873	216.011, Florida Statutes, is amended to read:
874	216.011  Definitions.--
875	(1)  For the purpose of fiscal affairs of the state,
876	appropriations acts, legislative budgets, and approved budgets,
877	each of the following terms has the meaning indicated:
878	(qq)  "State agency" or "agency" means any official,
879	officer, commission, board, authority, council, committee, or
880	department of the executive branch of state government. For
881	purposes of this chapter and chapter 215, "state agency" or
882	"agency" includes, but is not limited to, state attorneys,
883	public defenders, criminal conflict and civil regional counsel,
884	capital collateral regional counsel, the Florida Clerks of Court
885	Operations Corporation, the Justice Administrative Commission,
886	the Florida Housing Finance Corporation, and the Florida Public
887	Service Commission. Solely for the purposes of implementing s.
888	19(h), Art. III of the State Constitution, the terms "state
889	agency" or "agency" include the judicial branch.
890	Section 16.  Subsection (13) of section 318.18, Florida
891	Statutes, is amended to read:
892	318.18  Amount of penalties.--The penalties required for a
893	noncriminal disposition pursuant to s. 318.14 or a criminal
894	offense listed in s. 318.17 are as follows:
895	(13)(a)  In addition to any penalties imposed for
896	noncriminal traffic infractions pursuant to this chapter or
897	imposed for criminal violations listed in s. 318.17, a board of
898	county commissioners or any unit of local government that which
899	is consolidated as provided by s. 9, Art. VIII of the State
900	Constitution of 1885, as preserved by s. 6(e), Art. VIII of the
901	Constitution of 1968:
902	1.(a)  May impose by ordinance a surcharge of up to $30 $15
903	for any infraction or violation to fund state court facilities.
904	The court shall not waive this surcharge. Up to 25 percent of
905	the revenue from such surcharge may be used to support local law
906	libraries provided that the county or unit of local government
907	provides a level of service equal to that provided prior to July
908	1, 2004, which shall include the continuation of library
909	facilities located in or near the county courthouse or any annex
910	to the courthouse annexes.
911	2.(b)  May, if such board or unit That imposed increased
912	fees or service charges by ordinance under s. 28.2401, s.
913	28.241, or s. 34.041 for the purpose of securing payment of the
914	principal and interest on bonds issued by the county before July
915	1, 2003, to finance state court facilities, may impose by
916	ordinance a surcharge for any infraction or violation for the
917	exclusive purpose of securing payment of the principal and
918	interest on bonds issued by the county before July 1, 2003, to
919	fund state court facilities until the date of stated maturity.
920	The court shall not waive this surcharge. Such surcharge may not
921	exceed an amount per violation calculated as the quotient of the
922	maximum annual payment of the principal and interest on the
923	bonds as of July 1, 2003, divided by the number of traffic
924	citations for county fiscal year 2002-2003 certified as paid by
925	the clerk of the court of the county. Such quotient shall be
926	rounded up to the next highest dollar amount. The bonds may be
927	refunded only if savings will be realized on payments of debt
928	service and the refunding bonds are scheduled to mature on the
929	same date or before the bonds being refunded. Notwithstanding
930	any of the foregoing provisions of this subparagraph paragraph
931	that limit the use of surcharge revenues, if the revenues
932	generated as a result of the adoption of this ordinance exceed
933	the debt service on the bonds, the surplus revenues may be used
934	to pay down the debt service on the bonds; fund other state-
935	court-facility construction projects as may be certified by the
936	chief judge as necessary to address unexpected growth in
937	caseloads, emergency requirements to accommodate public access,
938	threats to the safety of the public, judges, staff, and
939	litigants, or other exigent circumstances; or support local law
940	libraries in or near the county courthouse or any annex to the
941	courthouse annexes.
942	3.  May impose by ordinance a surcharge for any infraction
943	or violation for the exclusive purpose of securing payment of
944	the principal and interest on bonds issued by the county on or
945	after July 1, 2009, to fund state court facilities until the
946	stated date of maturity. The court may not waive this surcharge.
947	The surcharge may not exceed an amount per violation calculated
948	as the quotient of the maximum annual payment of the principal
949	and interest on the bonds, divided by the number of traffic
950	citations certified as paid by the clerk of the court of the
951	county on August 15 of each year. The quotient shall be rounded
952	up to the next highest dollar amount. The bonds may be refunded
953	if savings are realized on payments of debt service and the
954	refunding bonds are scheduled to mature on or before the
955	maturity date of the bonds being refunded. If the revenues
956	generated as a result of the adoption of the ordinance exceed
957	the debt service on the bonds, the surplus revenues may be used
958	to pay the debt service on the bonds; to fund other state court
959	facility construction projects certified by the chief judge as
960	necessary to address unexpected growth in caseloads, emergency
961	requirements to accommodate public access, threats to the safety
962	of the public, judges, staff, and litigants, or other exigent
963	circumstances; or to support local law libraries in or near the
964	county courthouse or any annex to the courthouse.
965	(b)  A county may not impose both of the surcharges
966	authorized under subparagraphs (a)1., 2., and 3. paragraphs (a)
967	and (b) concurrently. The clerk of court shall report, no later
968	than 30 days after the end of the quarter, the amount of funds
969	collected under this subsection during each quarter of the
970	fiscal year. The clerk shall submit the report, in a format
971	developed by the Office of State Courts Administrator, to the
972	chief judge of the circuit, the Governor, the President of the
973	Senate, and the Speaker of the House of Representatives, and the
974	board of county commissioners.
975	Section 17.  Each clerk of court shall provide financial
976	data concerning his or her expenditures for court-related
977	duties, including expenditures for court-related information
978	technology, to the Executive Office of the Governor for the
979	purposes contained in SB 1796 or similar legislation.
980	Section 18.  (1)  By January 15, 2010, the Office of
981	Program Policy Analysis and Government Accountability, in
982	consultation with the Chief Financial Officer and the Auditor
983	General, shall provide a report to the President of the Senate
984	and the Speaker of the House of Representatives regarding the
985	operation and functions of the clerks of court and the courts.
986	The Office of Program Policy Analysis and Government
987	Accountability shall examine who is performing each court-
988	related function, how each function is funded, and how
989	efficiently these functions are performed. The clerks of court,
990	the Florida Clerks of Court Operations Corporation, and the
991	state courts system are directed to cooperate fully with the
992	office and, upon request, provide any and all information
993	necessary to the review without cost or delay. The report shall
994	describe in detail the base budget for each of the clerks and
995	for the state courts system and report on the overall efficiency
996	of the current process. Administrative overhead shall be
997	calculated separately, and any apparent means to reduce such
998	overhead shall be explored and included in the report. The study
999	shall list each court-related function, a recommendation on who
1000	should perform the function, and a recommendation for how to pay
1001	for such function.
1002	(2)  The Technology Review Workgroup shall develop a
1003	proposed plan for identifying and recommending options for
1004	implementing the integrated computer system established in s.
1005	29.008(1)(f)2., Florida Statutes. The plan shall describe the
1006	approaches and processes for evaluating the existing computer
1007	systems and data-sharing networks of the state courts system and
1008	the clerks of the court; identifying the required business and
1009	technical requirements; reliably estimating the cost, work, and
1010	change requirements; and examining the use of the funds
1011	collected under s. 28.24(12)(e), Florida Statutes. The plan may
1012	also address any necessary policy, operational, fiscal, or
1013	technical changes, including, but not limited to, potential
1014	changes to the distribution and use of funds collected under s.
1015	28.24(12)(e), Florida Statutes, that may be needed in order to
1016	manage, implement, and operate an integrated computer system.
1017	The plan shall be submitted to the President of the Senate and
1018	the Speaker of the House of Representatives no later than
1019	February 1, 2010. The clerks of court, the Florida Clerks of
1020	Court Operations Corporation, and the state courts system are
1021	directed to cooperate fully with the workgroup and provide any
1022	and all information necessary for the completion of the project
1023	without cost or delay upon request. The workgroup shall work in
1024	conjunction with the Auditor General and consider the results of
1025	the plans, studies, and reports of the Office of Program Policy
1026	Analysis and Government Accountability under subsection (1).
1027	Until July 1, 2011, a clerk may not purchase any new software
1028	unless a clerk is already obligated by a contract for new
1029	software entered into before May 1, 2009. A clerk may purchase
1030	regular and necessary upgrades to existing software if otherwise
1031	budgeted. Until July 1, 2011, a clerk may not purchase any
1032	computer hardware unless a clerk is already obligated by a
1033	contract for new hardware entered into before May 1, 2009.
1034	However, a clerk may purchase hardware necessary to replace
1035	broken equipment or necessary to equip new staff and only if
1036	otherwise budgeted. A clerk may apply to the Florida Clerks of
1037	Court Operations Corporation for a limited and specific
1038	exception to these purchasing limits. The corporation shall
1039	report all such exceptions to the President of the Senate and
1040	the Speaker of the House of Representatives.
1041	Section 19.  The Clerks of the Court Trust Fund within the
1042	Department of Revenue, FLAIR number 73-2-588, is transferred
1043	along with all balances and obligations to the Justice
1044	Administrative Commission.
1045	Section 20.  The Legislature finds and declares that this
1046	act fulfills an important state interest.
1047	Section 21.  Sections 25.311, 25.321, 25.331, 25.361, and
1048	25.381, Florida Statutes, are repealed.
1049	Section 22.  This act shall take effect upon becoming a
1050	law.
1051
1052	-----------------------------------------------------
1053	T I T L E  A M E N D M E N T
1054	Remove the entire title and insert:
1055	A bill to be entitled
1056	An act relating to the clerks of court; amending s.
1057	28.241, F.S.; redirecting a portion of certain civil
1058	filing fees to the Clerks of the Court Trust Fund within
1059	the Justice Administrative Commission; revising a
1060	requirement that a portion of such fees be deposited into
1061	the Department of Financial Services Administrative Trust
1062	Fund for a specified purpose; eliminating a requirement
1063	that a portion of such fees be deposited into the Clerks
1064	of the Court Trust Fund; conforming terminology to changes
1065	made by the act; amending s. 28.246, F.S.; conforming
1066	terminology to changes made by the act; requiring the
1067	clerk to refer certain unpaid accounts to a private
1068	attorney or a collection agent; amending s. 28.35, F.S.;
1069	providing for the Florida Clerks of Court Operations
1070	Corporation to be administratively housed within the
1071	Justice Administrative Commission; providing that the
1072	corporation is not subject to control, supervision, or
1073	direction by the commission; requiring employees of the
1074	corporation to be governed by the classification, salary,
1075	and benefits plan of the commission in a separate chapter;
1076	providing for legislative designees to the corporation's
1077	executive council; requiring the Chief Justice of the
1078	Supreme Court to designate a member of the corporation's
1079	executive council to represent the state courts system;
1080	deleting provisions exempting the corporation from ch.
1081	287, F.S., relating to procurement, and from ch. 120,
1082	F.S., relating to administrative procedures; revising the
1083	duties of the corporation; requiring that the corporation
1084	develop measures and standards for reviewing the
1085	performance of clerks of court and notify the Legislature
1086	and the Supreme Court of any clerk not meeting the
1087	standards; conforming cross-references; deleting
1088	provisions relating to the certification of the amount of
1089	the proposed budget for each clerk; providing for the
1090	clerks of court to be funded pursuant to state
1091	appropriations rather than from filing fees, service
1092	charges, court costs, and fines; providing for the
1093	corporation to be funded pursuant to the General
1094	Appropriations Act rather than a contract with the Chief
1095	Financial Officer; requiring the corporation to submit a
1096	legislative budget request; revising requirements for the
1097	audits of clerks of court; amending s. 28.36, F.S.;
1098	providing a procedure for the clerks of court to prepare
1099	budget requests for submission to the Florida Clerks of
1100	Court Operations Corporation, with a copy to the Supreme
1101	Court; providing requirements for the budget requests;
1102	requiring the corporation to determine whether projected
1103	court-related revenues are less than the proposed budget
1104	for a clerk; requiring that a clerk increase fees and
1105	service charges to resolve a deficit; requiring the
1106	corporation to compare a clerk's expenditures and costs
1107	with the clerk's peer group and for the clerk to submit
1108	documentation justifying higher expenditures; requiring
1109	that the corporation and the Chief Financial Officer
1110	review the clerks' budget requests and make
1111	recommendations to the Legislature; authorizing the Chief
1112	Financial Officer to conduct, and the Chief Justice of the
1113	Supreme Court to request, an audit of the corporation or a
1114	clerk of court; providing for the Legislature to make
1115	appropriations for the budgets of the clerks; requiring
1116	that the corporation release appropriations; specifying
1117	criteria for such release; deleting obsolete provisions;
1118	deleting provisions authorizing the Legislative Budget
1119	Commission to approve budgets; amending s. 28.37, F.S.;
1120	clarifying the requirement for depositing court-related
1121	fines, fees, service charges, and costs into the Clerks of
1122	the Court Trust Fund within the Justice Administrative
1123	Commission; requiring that a specified percentage of all
1124	court-related fines collected by the clerk be deposited
1125	into the clerk's Public Records Modernization Trust Fund
1126	and used exclusively for additional court-related
1127	operational needs and programs; deleting obsolete
1128	provisions relating to the funding of the clerks of court;
1129	amending s. 28.43, F.S.; conforming terminology to changes
1130	made by the act; amending s. 34.041, F.S., relating to
1131	filing fees; conforming provisions to changes made by the
1132	act; amending s. 43.16, F.S., relating to the duties of
1133	the Justice Administrative Commission; conforming
1134	provisions to the transfer of the Florida Clerks of Court
1135	Operations Corporation to the commission; amending s.
1136	43.27, F.S.; requiring that the clerk of court obtain the
1137	consent of the chief judge of the circuit concerning the
1138	clerk's office hours; amending s. 45.035, F.S.; revising
1139	the service charge for certain sales conducted by
1140	electronic means; requiring the service charge to be paid
1141	by the winning bidder; amending s. 110.205, F.S.;
1142	providing that positions in the Florida Clerks of Court
1143	Operations Corporation are excluded from career service
1144	exemption; amending s. 142.01, F.S.; requiring the deposit
1145	of revenues received in the fine and forfeiture funds of
1146	the clerks of court into the Clerks of the Court Trust
1147	Fund within the Justice Administrative Commission;
1148	amending s. 197.542, F.S.; adding the costs to conduct an
1149	electronic tax deed sale to certain other costs which must
1150	be paid by the certificate holder; amending s. 213.131,
1151	F.S.; conforming terminology and provisions to changes
1152	made by the act; amending s. 216.011, F.S.; redefining the
1153	term "state agency" for purposes of the fiscal affairs of
1154	the state to include the Florida Clerks of Court
1155	Operations Corporation; amending s. 318.18, F.S.;
1156	authorizing certain local governments to impose a
1157	surcharge on certain infractions or violations to repay
1158	bonds relating to court facilities; requiring a clerk of
1159	court to report the amount of surcharge collections;
1160	requiring that the clerks of court submit financial data
1161	to the Executive Office of the Governor; requiring the
1162	Office of Program Policy Analysis and Government
1163	Accountability, in consultation with the Chief Financial
1164	Officer and the Auditor General, to provide a report
1165	regarding the operation and relationship of the clerks of
1166	court and the courts to the Legislature by a specified
1167	date; providing report requirements; requiring the
1168	Technology Review Workgroup to develop a proposed plan for
1169	identifying and recommending options for implementing the
1170	integrated computer system and submit the plan to the
1171	Legislature by a specified date; providing plan
1172	requirements; providing specified restrictions for the
1173	purchase of computer software and hardware; providing an
1174	exception; transferring the Clerks of the Court Trust Fund
1175	from the Department of Revenue to the Justice
1176	Administrative Commission; providing a finding that the
1177	act fulfills an important state interest; repealing ss.
1178	25.311, 25.321, 25.331, 25.361, and 25.381, F.S., relating
1179	to the distribution and resupply of copies of the reports
1180	of decisions of the Supreme Court and district court of
1181	appeals, the declaration that such reports remain the
1182	public property of the state, the authorization of the
1183	Supreme Court to obtain state publications for exchange
1184	purposes, and the publication, purchase, and distribution
1185	of the reports of the opinions of the Supreme Court and
1186	the district courts of appeal, respectively; providing an
1187	effective date.

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