Florida Senate - 2009 COMMITTEE AMENDMENT
Bill No. SB 2108
Barcode 455946
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/18/2009 .
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The Committee on Judiciary (Haridopolos) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Legislative findings and intent.—
6 (1) The Legislature finds that, in order to enhance
7 accountability and efficiency in state funding of court-related
8 functions under Article V of the State Constitution, it is
9 necessary to provide for the appropriation of revenues from
10 fines, fees, service charges, and costs to the clerks of court
11 through the appropriations act.
12 (2) It is, therefore, the intent of the Legislature to
13 facilitate the orderly transition from the current clerk
14 budgeting processes prescribed in ss. 28.35 and 28.36, Florida
15 Statutes, to the legislative appropriation of funds for the
16 court-related functions of the clerks using planning and
17 budgeting processes consistent with those prescribed in chapter
18 216, Florida Statutes.
19 (3) It is also the intent of the Legislature that:
20 (a) Each clerk of court continue to operate under ss. 28.35
21 and 28.36, Florida Statutes, for budgeting and expenditure
22 purposes until October 1, 2010, while simultaneously developing
23 the infrastructure, procedures, and accounting protocols to
24 begin receiving appropriations under the appropriations act, as
25 defined in s. 216.011, Florida Statutes, starting October 1,
26 2010.
27 (b) The Florida Clerks of Court Operations Corporation
28 develop, no later than August 1, 2009, preliminary procedures
29 for the clerks to identify and report budget needs to the
30 corporation in a manner consistent with the annual legislative
31 appropriations process. The corporation shall finalize these
32 procedures by January 1, 2010.
33 (c) Each clerk of court submit, through the Florida Clerks
34 of Court Operations Corporation, a consolidated legislative
35 budget request by October 15, 2009, for the period between
36 October 1, 2010, and June 30, 2011, using the preliminary
37 procedures for identifying and reporting budget needs developed
38 by the corporation.
39 (d) The Florida Clerks of Court Operations Corporation
40 develop procedures and criteria for the allocation of
41 legislative appropriations among the clerks of court.
42 (e) The Legislature enact the necessary statutory changes
43 during the 2010 Regular Session to provide for fines, fees,
44 service charges, and costs collected by the clerks of court in
45 connection with court-related functions to be remitted to the
46 state, starting July 1, 2010, rather than retained by the
47 clerks.
48 (f) In the General Appropriations Act for the 2010-2011
49 fiscal year, the Legislature appropriate funds for the clerks of
50 court from October 1, 2010, to June 30, 2011.
51 (g) Starting in 2010, the clerks of court submit, through
52 the Florida Clerks of Court Operations Corporation, a
53 legislative budget request each year for a state fiscal year
54 beginning on July 1 and ending on June 30.
55 (h) The clerks of court continue to operate on a fiscal
56 year beginning October 1 and ending on September 30, and the
57 Legislature appropriate funds in the appropriations act in a
58 manner and with necessary authority for the clerks to expend
59 appropriations beyond the end of each state fiscal year through
60 September 30 of the next subsequent fiscal year.
61 (i) Employees of the clerks of court remain county
62 employees, and the clerks continue to allocate costs among these
63 employees based on each employee’s performance of court-related
64 functions and non-court-related functions.
65 (j) The Chief Financial Officer, the Florida Clerks of
66 Court Operations Corporation, and the appropriations committees
67 of the Senate and the House of Representatives work with the
68 clerks of court and the Florida Association of Court Clerks and
69 Comptrollers to effectuate the transition prescribed in this
70 section and this act.
71 (k) The Office of Program Policy Analysis and Government
72 Accountability monitor implementation of the transition plan
73 prescribed in this section, as well as implementation of the
74 other provisions of this act, and provide four brief status
75 reports to the President of the Senate and the Speaker of the
76 House of Representatives by September 1, 2009; December 1, 2009;
77 March 1, 2010; and July 1, 2010. At a minimum, the reports must
78 identify any impediments in implementation.
79 Section 2. Subsections (3) and (5) of section 25.241,
80 Florida Statutes, are amended to read:
81 25.241 Clerk of Supreme Court; compensation; assistants;
82 filing fees, etc.—
83 (3)(a) The Clerk of the Supreme Court is hereby required to
84 collect, upon the filing of a certified copy of a notice of
85 appeal or petition, $300 for each case docketed, and for
86 copying, certifying, or furnishing opinions, records, papers, or
87 other instruments, except as otherwise herein provided, the same
88 fees that are allowed clerks of the circuit court; however, no
89 fee shall be less than $1. The State of Florida or its agencies,
90 when appearing as appellant or petitioner, is exempt from the
91 filing fees required in this subsection. From each attorney
92 appearing pro hac vice, the Clerk of the Supreme Court shall
93 collect an additional fee of $100 to be deposited into the State
94 Courts Revenue Trust Fund General Revenue Fund.
95 (b) Upon the filing of a notice of cross-appeal, or a
96 notice of joinder or motion to intervene as an appellant, cross
97 appellant, or petitioner, the Clerk of the Supreme Court shall
98 charge and collect a filing fee of $295. The clerk shall remit
99 the fee to the Department of Revenue for deposit into the State
100 Courts Revenue Trust Fund General Revenue Fund. The state and
101 its agencies are exempt from the filing fee required in this
102 paragraph.
103 (5) The Clerk of the Supreme Court is hereby required to
104 prepare a statement of all fees collected each month and remit
105 such statement, together with all fees collected by him or her,
106 to the Chief Financial Officer. The Chief Financial Officer
107 shall deposit $250 of each $300 filing fee and all other fees
108 collected into the General Revenue Fund. The Chief Financial
109 Officer shall deposit $50 of each filing fee collected into the
110 state court’s Operating Trust Fund to fund court improvement
111 projects as authorized in the General Appropriations Act.
112 Section 3. Paragraph (d) of subsection (1) of section
113 28.101, Florida Statutes, is amended to read:
114 28.101 Petitions and records of dissolution of marriage;
115 additional charges.—
116 (1) When a party petitions for a dissolution of marriage,
117 in addition to the filing charges in s. 28.241, the clerk shall
118 collect and receive:
119 (d) A charge of $32.50. On a monthly basis, the clerk shall
120 transfer the moneys collected pursuant to this paragraph as
121 follows:
122 1. An amount of $7.50 to the Department of Revenue for
123 deposit in the Displaced Homemaker Trust Fund.
124 2. An amount of $25 to the State Courts Revenue Trust Fund
125 Department of Revenue for deposit in the General Revenue Fund.
126 Section 4. Paragraphs (a) and (c) of subsection (1) of
127 section 28.241, Florida Statutes, is amended to read:
128 28.241 Filing fees for trial and appellate proceedings.—
129 (1)(a) The party instituting any civil action, suit, or
130 proceeding in the circuit court shall pay to the clerk of that
131 court a filing fee of up to $295 in all cases in which there are
132 not more than five defendants and an additional filing fee of up
133 to $2.50 for each defendant in excess of five. Of the first $85
134 in filing fees, $80 must be remitted by the clerk to the
135 Department of Revenue for deposit into the State Courts Revenue
136 Trust Fund General Revenue Fund, and $5 must be remitted to the
137 Department of Revenue for deposit into the Department of
138 Financial Services’ Administrative Trust Fund to fund the
139 contract with the Florida Clerks of Court Operations Corporation
140 created in s. 28.35. The next $15 of the filing fee collected
141 shall be deposited in the State Courts Revenue Trust Fund state
142 courts’ Mediation and Arbitration Trust Fund. One-third of any
143 filing fees collected by the clerk of the circuit court in
144 excess of $100 shall be remitted to the Department of Revenue
145 for deposit into the Department of Revenue Clerks of the Court
146 Trust Fund. An additional filing fee of $4 shall be paid to the
147 clerk. The clerk shall remit $3.50 to the Department of Revenue
148 for deposit into the Court Education Trust Fund and shall remit
149 50 cents to the Department of Revenue for deposit into the
150 Department of Financial Services Administrative Trust Fund to
151 fund clerk education. An additional filing fee of up to $18
152 shall be paid by the party seeking each severance that is
153 granted. The clerk may impose an additional filing fee of up to
154 $85 for all proceedings of garnishment, attachment, replevin,
155 and distress. Postal charges incurred by the clerk of the
156 circuit court in making service by certified or registered mail
157 on defendants or other parties shall be paid by the party at
158 whose instance service is made. No additional fees, charges, or
159 costs shall be added to the filing fees imposed under this
160 section, except as authorized herein or by general law.
161 (c) Any party other than a party described in paragraph (a)
162 who files a pleading in an original civil action in circuit
163 court for affirmative relief by cross-claim, counterclaim, or
164 third-party complaint shall pay the clerk of court a fee of
165 $295. The clerk shall remit the fee to the Department of Revenue
166 for deposit into the State Courts Revenue Trust Fund General
167 Revenue Fund.
168 Section 5. Subsection (2) of section 28.35, Florida
169 Statutes, is amended to read:
170 28.35 Florida Clerks of Court Operations Corporation.—
171 (2) The duties of the corporation shall include the
172 following:
173 (a) Adopting a plan of operation.
174 (b) Conducting the election of directors as required in
175 paragraph (1)(a).
176 (c) Recommending to the Legislature changes in the various
177 court-related fines, fees, service charges, and court costs
178 established by law to ensure reasonable and adequate funding of
179 the clerks of the court in the performance of their court
180 related functions.
181 (d) Pursuant to contract with the Chief Financial Officer,
182 establishing a process for the review and certification of
183 proposed court-related budgets submitted by clerks of the court
184 for completeness and compliance with this section and ss. 28.36
185 and 28.37. This process shall be designed and be of sufficient
186 detail to permit independent verification and validation of the
187 budget certification. The contract shall specify the process to
188 be used in determining compliance by the corporation with this
189 section and ss. 28.36 and 28.37.
190 (e) Developing and certifying a uniform system of
191 performance measures and applicable performance standards for
192 the functions specified in paragraph (4)(a) and clerk
193 performance in meeting the performance standards. These measures
194 and standards shall be designed to facilitate an objective
195 determination of the performance of each clerk in accordance
196 with minimum standards for fiscal management, operational
197 efficiency, and effective collection of fines, fees, service
198 charges, and court costs. When the corporation finds a clerk has
199 not met the performance standards, the corporation shall
200 identify the nature of each deficiency and any corrective action
201 recommended and taken by the affected clerk of the court.
202 (f) Reviewing and certifying proposed budgets submitted by
203 clerks of the court utilizing the process approved by the Chief
204 Financial Officer pursuant to paragraph (d) for the purpose of
205 making the certification in paragraph (3)(a). As part of this
206 process, the corporation shall:
207 1. Calculate the maximum authorized annual budget pursuant
208 to the requirements of s. 28.36.
209 2. Identify those proposed budgets exceeding the maximum
210 annual budget pursuant to s. 28.36(5) for the standard list of
211 court-related functions specified in paragraph (4)(a).
212 3. Identify those proposed budgets containing funding for
213 items not included on the standard list of court-related
214 functions specified in paragraph (4)(a).
215 4. Identify those clerks projected to have court-related
216 revenues insufficient to fund their anticipated court-related
217 expenditures.
218 (g) Developing and conducting clerk education programs.
219 (h) Publishing a uniform schedule of actual fees, service
220 charges, and costs charged by a clerk of the court for court
221 related functions pursuant to general law.
222 (i) Developing a legislative budget request for the 2010
223 2011 fiscal year in conformance with chapter 216 in preparation
224 for the transition of clerk budget processes to legislative
225 appropriation beginning in the 2010-2011 fiscal year. The
226 legislative budget request shall include a stated number of
227 full-time employees, salaries, and benefits for such employees,
228 as well as other budget categories provided by chapter 216.
229 Section 6. Effective October 1, 2010, section 28.35,
230 Florida Statutes, as amended by this act, is amended to read:
231 28.35 Florida Clerks of Court Operations Corporation.—
232 (1)(a) The Florida Clerks of Court Operations Corporation
233 is hereby created as a public corporation and a body corporate
234 and politic organized to perform the functions specified in this
235 section. All clerks of the circuit court shall be members of the
236 corporation and hold their position and authority in an ex
237 officio capacity. The corporation is the budget entity into
238 which the budget of each clerk of court shall be appropriated
239 annually by the Legislature. The functions assigned to the
240 corporation shall be performed by an executive council pursuant
241 to the plan of operation approved by the members.
242 (b) The executive council shall be composed of eight clerks
243 of the court elected by the clerks of the courts for a term of 2
244 years, with two clerks from counties with a population of fewer
245 than 100,000, two clerks from counties with a population of at
246 least 100,000 but fewer than 500,000, two clerks from counties
247 with a population of at least 500,000 but fewer than 1 million,
248 and two clerks from counties with a population of more than 1
249 million.
250 (c) The corporation shall be considered a political
251 subdivision of the state and shall be exempt from the corporate
252 income tax. The corporation is not subject to the procurement
253 provisions of chapter 287 and policies and decisions of the
254 corporation relating to incurring debt, levying assessments, and
255 the sale, issuance, continuation, terms, and claims under
256 corporation policies, and all services relating thereto, are not
257 subject to the provisions of chapter 120.
258 (d) The functions assigned to the corporation under this
259 section and ss. 28.36 and 28.37 are considered to be for a valid
260 public purpose.
261 (2) The duties of the corporation shall include the
262 following:
263 (a) Adopting a plan of operation.
264 (b) Conducting the election of directors as required in
265 paragraph (1)(a).
266 (c) Recommending to the Legislature changes in the various
267 court-related fines, fees, service charges, and court costs
268 established by law to ensure reasonable and adequate funding of
269 the clerks of the court in the performance of their court
270 related functions.
271 (c)(d) Pursuant to contract with the Chief Financial
272 Officer, establishing a legislative budget request for the
273 clerks of court in conformance with the provisions of chapter
274 216 process for the review and certification of proposed court
275 related budgets submitted by clerks of the court for
276 completeness and compliance with this section and ss. 28.36 and
277 28.37. This process shall be designed and be of sufficient
278 detail to permit independent verification and validation of the
279 budget certification. The contract shall specify the process to
280 be used in determining compliance by the corporation with this
281 section and ss. 28.36 and 28.37.
282 (d) Apportioning the appropriated funds among the clerks of
283 court by budget category after the Legislature provides a
284 legislative appropriation in each year.
285 (e) Developing and certifying a uniform system of
286 performance measures and applicable performance standards for
287 the functions specified in paragraph (4)(a) and clerk
288 performance in meeting the performance standards. These measures
289 and standards shall be designed to facilitate an objective
290 determination of the performance of each clerk in accordance
291 with minimum standards for fiscal management, operational
292 efficiency, and effective collection of fines, fees, service
293 charges, and court costs. When the corporation finds a clerk has
294 not met the performance standards, the corporation shall
295 identify the nature of each deficiency and any corrective action
296 recommended and taken by the affected clerk of the court.
297 (f) Reviewing and certifying proposed budgets submitted by
298 clerks of the court utilizing the process approved by the Chief
299 Financial Officer pursuant to paragraph (d) for the purpose of
300 making the certification in paragraph (3)(a). As part of this
301 process, the corporation shall:
302 1. Calculate the maximum authorized annual budget pursuant
303 to the requirements of s. 28.36.
304 2. Identify those proposed budgets exceeding the maximum
305 annual budget pursuant to s. 28.36(5) for the standard list of
306 court-related functions specified in paragraph (4)(a).
307 3. Identify those proposed budgets containing funding for
308 items not included on the standard list of court-related
309 functions specified in paragraph (4)(a).
310 4. Identify those clerks projected to have court-related
311 revenues insufficient to fund their anticipated court-related
312 expenditures.
313 (f)(g) Developing and conducting clerk education programs.
314 (g)(h) Publishing a uniform schedule of actual fees,
315 service charges, and costs charged by a clerk of the court for
316 court-related functions pursuant to general law.
317 (i) Developing a legislative budget request for the 2010
318 2011 fiscal year in conformance with chapter 216 in preparation
319 for the transition of clerk budget processes to legislative
320 appropriation beginning in 2010-2011 fiscal year.
321 (3)(a) The Clerks of Court Operations Corporation shall
322 certify to the President of the Senate, the Speaker of the House
323 of Representatives, the Chief Financial Officer, and the
324 Department of Revenue by October 15 of each year, the amount of
325 the proposed budget certified for each clerk; the revenue
326 projection supporting each clerk’s budget; each clerk eligible
327 to retain some or all of the state’s share of fines, fees,
328 service charges, and costs; the amount to be paid to each clerk
329 from the Clerks of the Court Trust Fund within the Department of
330 Revenue; the performance measures and standards approved by the
331 corporation for each clerk; and the performance of each clerk in
332 meeting the performance standards.
333 (b) Prior to December 1 of each year, the Chief Financial
334 Officer shall review the certifications made by the corporation
335 for the purpose of determining compliance with the approved
336 process and report its findings to the President of the Senate,
337 the Speaker of the House of Representatives and to the
338 Department of Revenue. To determine compliance with this
339 process, the Chief Financial Officer may examine the budgets
340 submitted to the corporation by the clerks.
341 (4)(a) The list of court-related functions clerks may fund
342 from filing fees, service charges, court costs, and fines shall
343 be limited to those functions expressly authorized by law or
344 court rule. Those functions must include the following: case
345 maintenance; records management; court preparation and
346 attendance; processing the assignment, reopening, and
347 reassignment of cases; processing of appeals; collection and
348 distribution of fines, fees, service charges, and court costs;
349 processing of bond forfeiture payments; payment of jurors and
350 witnesses; payment of expenses for meals or lodging provided to
351 jurors; data collection and reporting; processing of jurors;
352 determinations of indigent status; and reasonable administrative
353 support costs to enable the clerk of the court to carry out
354 these court-related functions.
355 (b) The list of functions clerks may not fund from filing
356 fees, service charges, court costs, and fines shall include:
357 1. Those functions not specified within paragraph (a).
358 2. Functions assigned by administrative orders which are
359 not required for the clerk to perform the functions in paragraph
360 (a).
361 3. Enhanced levels of service which are not required for
362 the clerk to perform the functions in paragraph (a).
363 4. Functions identified as local requirements in law or
364 local optional programs.
365 (5) The corporation shall be funded pursuant to contract
366 with the Chief Financial Officer. Funds shall be provided to the
367 Chief Financial Officer for this purpose as appropriated by
368 general law. These funds shall be available to the corporation
369 for the performance of the duties and responsibilities as set
370 forth in this section. The corporation may hire staff and pay
371 other expenses from these funds as necessary to perform the
372 official duties and responsibilities of the corporation as
373 described in this section.
374 (2)(6)(a) The corporation shall submit an annual audited
375 financial statement to the Auditor General in a form and manner
376 prescribed by the Auditor General. The Auditor General shall
377 conduct an annual audit of the operations of the corporation,
378 including the use of funds and compliance with state law the
379 provisions of this section and ss. 28.36 and 28.37.
380 (b) Certified public accountants conducting audits of
381 counties pursuant to s. 218.39 shall report, as part of the
382 audit, whether or not the clerks of the courts have complied
383 with the budgets certified by the Florida Clerk of Courts
384 Operations Corporation pursuant to the budget review process
385 pursuant to contract with the Chief Financial Officer and with
386 the performance standards developed and certified pursuant to
387 this section. The Auditor General shall develop a compliance
388 supplement for the audit of compliance with the budgets and
389 applicable performance standards certified by the corporation.
390 Section 7. Effective October 1, 2010, section 28.36,
391 Florida Statutes, is repealed.
392 Section 8. The Division of Statutory Revision shall make
393 such conforming adjustments to chapter 216, Florida Statutes, to
394 effectuate the intent of the Legislature to provide the clerks
395 of court with an annual appropriation by the Legislature through
396 the Florida Clerk of Courts Operations Corporation. Such
397 amendments must include adjustments to statutes providing for
398 the presentation of a recommended budget, the adjustment of
399 budgets, and providing authority when there is a deficit in the
400 General Revenue Fund.
401 Section 9. Subsection (1) of section 34.041, Florida
402 Statutes, is amended to read:
403 34.041 Filing fees.—
404 (1)(a) Upon the institution of any civil action, suit, or
405 proceeding in county court, the party shall pay the following
406 filing fee, not to exceed:
407 1. For all claims less than $100.....................$50.
408 2. For all claims of $100 or more but not more
409 than $500...................................................$75.
410 3. For all claims of more than $500 but not more than
411 $2,500.....................................................$170.
412 4. For all claims of more than $2,500...............$295.
413 5. In addition, for all proceedings of garnishment,
414 attachment, replevin, and distress..........................$85.
415 6. For removal of tenant action.....................$265.
416 (b) The first $80 of the filing fee collected under
417 subparagraph (a)4. shall be remitted to the Department of
418 Revenue for deposit into the State Courts Revenue Trust Fund
419 General Revenue Fund. The next $15 of the filing fee collected
420 under subparagraph (a)4., and the first $15 of each filing fee
421 collected under subparagraph (a)6., shall be deposited in the
422 State Courts Revenue state courts’ Mediation and Arbitration
423 Trust Fund. Of the amount collected under subparagraph (a)6.,
424 $175 shall be deposited into the State Courts Revenue Trust
425 Fund. One-third of any filing fees collected by the clerk under
426 this section in excess of the first $95 collected under
427 subparagraph (a)4. shall be remitted to the Department of
428 Revenue for deposit into the Department of Revenue Clerks of the
429 Court Trust Fund. An additional filing fee of $4 shall be paid
430 to the clerk. The clerk shall transfer $3.50 to the Department
431 of Revenue for deposit into the Court Education Trust Fund and
432 shall transfer 50 cents to the Department of Revenue for deposit
433 into the Department of Financial Services’ Administrative Trust
434 Fund to fund clerk education. Postal charges incurred by the
435 clerk of the county court in making service by mail on
436 defendants or other parties shall be paid by the party at whose
437 instance service is made. Except as provided herein, filing fees
438 and service charges for performing duties of the clerk relating
439 to the county court shall be as provided in ss. 28.24 and
440 28.241. Except as otherwise provided herein, all filing fees
441 shall be retained as fee income of the office of the clerk of
442 circuit court. Filing fees imposed by this section may not be
443 added to any penalty imposed by chapter 316 or chapter 318.
444 (c) Any party other than a party described in paragraph (a)
445 who files a pleading in an original civil action in the county
446 court for affirmative relief by cross-claim, counterclaim, or
447 third-party complaint, or who files a notice of cross-appeal or
448 notice of joinder or motion to intervene as an appellant, cross
449 appellant, or petitioner, shall pay the clerk of court a fee of
450 $295 if the relief sought by the party under this paragraph
451 exceeds $2,500. This fee shall not apply where the cross-claim,
452 counterclaim, or third-party complaint requires transfer of the
453 case from county to circuit court. The clerk shall deposit remit
454 the fee into the State Courts Revenue Trust Fund to the
455 Department of Revenue for deposit into the General Revenue Fund.
456 (d) The clerk of court shall collect a service charge of
457 $10 for issuing a summons. The clerk shall assess the fee
458 against the party seeking to have the summons issued.
459 Section 10. Paragraph (b) of subsection (3) and subsection
460 (6) of section 35.22, Florida Statutes, are amended to read:
461 35.22 Clerk of district court; appointment; compensation;
462 assistants; filing fees; teleconferencing.—
463 (3)
464 (b) Upon the filing of a notice of cross-appeal, or a
465 notice of joinder or motion to intervene as an appellant, cross
466 appellant, or petitioner, the clerk shall charge and collect a
467 filing fee of $295. The clerk shall remit the fee to the State
468 Courts Revenue Trust Fund Department of Revenue for deposit into
469 the General Revenue Fund. The state and its agencies are exempt
470 from the filing fee required by this paragraph.
471 (6) Fifty dollars The clerk of each district court of
472 appeal is required to deposit all fees collected in the State
473 Treasury to the credit of the General Revenue Fund, except that
474 $50 of each $300 filing fee collected shall be deposited into
475 the state court’s Operating Trust Fund to fund court improvement
476 projects as authorized in the General Appropriations Act. The
477 remainder shall be remitted to the State Courts Revenue Trust
478 Fund. The clerk shall retain an accounting of each such
479 remittance.
480 Section 11. Paragraph (qq) of subsection (1) of section
481 216.011, Florida Statutes, is amended to read:
482 216.011 Definitions.—
483 (1) For the purpose of fiscal affairs of the state,
484 appropriations acts, legislative budgets, and approved budgets,
485 each of the following terms has the meaning indicated:
486 (qq) “State agency” or “agency” means any official,
487 officer, commission, board, authority, council, committee, or
488 department of the executive branch of state government. For
489 purposes of this chapter and chapter 215, “state agency” or
490 “agency” includes, but is not limited to, state attorneys,
491 public defenders, criminal conflict and civil regional counsel,
492 capital collateral regional counsel, the clerks of court in the
493 performance of court-related functions, the Justice
494 Administrative Commission, the Florida Housing Finance
495 Corporation, and the Florida Public Service Commission. Solely
496 for the purposes of implementing s. 19(h), Art. III of the State
497 Constitution, the terms “state agency” or “agency” include the
498 judicial branch.
499 Section 12. Subsection (9) of section 318.14, Florida
500 Statutes, as amended by section 1 of chapter 2009-6, Laws of
501 Florida, is amended to read:
502 318.14 Noncriminal traffic infractions; exception;
503 procedures.—
504 (9) Any person who does not hold a commercial driver’s
505 license and who is cited for an infraction under this section
506 other than a violation of s. 316.183(2), s. 316.187, or s.
507 316.189 when the driver exceeds the posted limit by 30 miles per
508 hour or more, s. 320.0605, s. 320.07(3)(a) or (b), s. 322.065,
509 s. 322.15(1), s. 322.61, or s. 322.62 may, in lieu of a court
510 appearance, elect to attend in the location of his or her choice
511 within this state a basic driver improvement course approved by
512 the Department of Highway Safety and Motor Vehicles. In such a
513 case, adjudication must be withheld and points, as provided by
514 s. 322.27, may not be assessed. However, a person may not make
515 an election under this subsection if the person has made an
516 election under this subsection in the preceding 12 months. A
517 person may make no more than five elections within 10 years
518 under this subsection. The requirement for community service
519 under s. 318.18(8) is not waived by a plea of nolo contendere or
520 by the withholding of adjudication of guilt by a court. If a
521 person makes an election to attend a basic driver improvement
522 course under this subsection, 18 percent of the civil penalty
523 imposed under s. 318.18(3) shall be deposited in the General
524 Revenue Fund State Courts Revenue Trust Fund; however, that
525 portion is not revenue for purposes of s. 28.36 and may not be
526 used in establishing the budget of the clerk of the court under
527 that section or s. 28.35.
528 Section 13. Subsection (18) of section 318.18, Florida
529 Statutes, is amended to read:
530 318.18 Amount of penalties.—The penalties required for a
531 noncriminal disposition pursuant to s. 318.14 or a criminal
532 offense listed in s. 318.17 are as follows:
533 (18) In addition to any penalties imposed, an
534 administrative fee of $12.50 must be paid for all noncriminal
535 moving and nonmoving traffic violations under chapter 316.
536 Revenue from the administrative fee shall be deposited by the
537 clerk of court into the State Courts Revenue Trust Fund fine and
538 forfeiture fund established pursuant to s. 142.01.
539 Section 14. Subsection (20) of section 318.21, Florida
540 Statutes, as created by section 4 of chapter 2009-6, Laws of
541 Florida, is amended to read:
542 318.21 Disposition of civil penalties by county courts.—All
543 civil penalties received by a county court pursuant to the
544 provisions of this chapter shall be distributed and paid monthly
545 as follows:
546 (20) For fines assessed under s. 318.18(3) for unlawful
547 speed, effective for violations occurring on or after the
548 effective date of this act, the following amounts shall be
549 remitted to the Department of Revenue for deposit in the General
550 Revenue Fund State Courts Revenue Trust Fund; however, these
551 amounts are not revenue for purposes of s. 28.36 and may not be
552 used in establishing the budget of the clerk of the court under
553 that section or s. 28.35:
554
555 For speed exceeding the limit by:
556 Fine:
557 1-5 m.p.h..................................................$ .00
558 6-9 m.p.h..................................................$ .00
559 10-14 m.p.h................................................$ .00
560 15-19 m.p.h..................................................$25
561 20-29 m.p.h..................................................$25
562 30 m.p.h. and above........................................$ .00
563
564 The remaining amount shall be distributed pursuant to
565 subsections (1) and (2).
566 Section 15. Subsection (1) of section 775.083, Florida
567 Statutes, as amended by section 5 of chapter 2009-6, Laws of
568 Florida, is amended to read:
569 775.083 Fines.—
570 (1) A person who has been convicted of an offense other
571 than a capital felony may be sentenced to pay a fine in addition
572 to any punishment described in s. 775.082; when specifically
573 authorized by statute, he or she may be sentenced to pay a fine
574 in lieu of any punishment described in s. 775.082. A person who
575 has been convicted of a noncriminal violation may be sentenced
576 to pay a fine. Fines for designated crimes and for noncriminal
577 violations shall not exceed:
578 (a) $15,000, when the conviction is of a life felony.
579 (b) $10,000, when the conviction is of a felony of the
580 first or second degree.
581 (c) $5,000, when the conviction is of a felony of the third
582 degree.
583 (d) $1,000, when the conviction is of a misdemeanor of the
584 first degree.
585 (e) $500, when the conviction is of a misdemeanor of the
586 second degree or a noncriminal violation.
587 (f) Any higher amount equal to double the pecuniary gain
588 derived from the offense by the offender or double the pecuniary
589 loss suffered by the victim.
590 (g) Any higher amount specifically authorized by statute.
591
592 Fines imposed in this subsection shall be deposited by the clerk
593 of the court in the fine and forfeiture fund established
594 pursuant to s. 142.01, except that fines imposed when
595 adjudication is withheld shall be deposited in the General
596 Revenue Fund State Courts Revenue Trust Fund, and such fines
597 imposed when adjudication is withheld are not revenue for
598 purposes of s. 28.36 and may not be used in establishing the
599 budget of the clerk of the court under that section or s. 28.35.
600 If a defendant is unable to pay a fine, the court may defer
601 payment of the fine to a date certain. As used in this
602 subsection, the term “convicted” or “conviction” means a
603 determination of guilt which is the result of a trial or the
604 entry of a plea of guilty or nolo contendere, regardless of
605 whether adjudication is withheld.
606 Section 16. Except as otherwise expressly provided in this
607 act, this act shall take effect July 1, 2009.
608
609 ================= T I T L E A M E N D M E N T ================
610 And the title is amended as follows:
611 Delete everything before the enacting clause
612 and insert:
613 A bill to be entitled
614 An act related to state court funding; providing
615 legislative findings and intent; providing duties of
616 the Florida Clerks of Court Operations Corporation;
617 requiring the clerks of court to submit a consolidated
618 legislative budget request by a specified date;
619 providing for transition procedures; requiring the
620 Office of Program Policy Analysis and Government
621 Accountability to monitor implementation of the
622 transition to the legislative appropriation of funds;
623 amending s. 25.241, F.S.; requiring the Clerk of the
624 Supreme Court to deposit the additional fee collected
625 from each attorney appearing pro hac vice into the
626 State Courts Revenue Trust Fund instead of the General
627 Revenue Fund; requiring the clerk to remit a filing
628 fee to the Department of Revenue for deposit into the
629 State Courts Revenue Trust Fund instead of the General
630 Revenue Fund; deleting the requirement of the Chief
631 Financial Officer to deposit certain filing fees into
632 the General Revenue Fund and into the state court’s
633 Operating Trust Fund; amending s. 28.101, F.S.;
634 requiring the clerk of court to collect and receive a
635 certain monetary amount from a petitioner for
636 dissolution of marriage to be deposited into the State
637 Courts Revenue Trust Fund instead of the General
638 Revenue Fund; amending s. 28.241, F.S.; requiring a
639 clerk of court to remit a certain monetary amount from
640 a party that institutes a civil action or proceeding
641 or that seeks relief by a cross-claim or counterclaim
642 to the Department of Revenue for deposit into the
643 State Courts Revenue Trust Fund instead of the General
644 Revenue Fund or the state courts’ Mediation and
645 Arbitration; revising certain fees; amending s. 28.35,
646 F.S.; revising the duties of the Florida Clerks of
647 Court Operations Corporation; providing that the
648 corporation is the budget entity into which the budget
649 of each clerk of court is appropriated annually;
650 deleting the provision that subjects the corporation
651 to the procurement provisions of ch. 287, F.S.;
652 revising the duties of the corporation; deleting the
653 provision that requires the corporation to certify
654 certain budgetary responsibilities to the Legislature,
655 the Chief Financial Officer, and the Department of
656 Revenue; deleting the provision that requires the
657 Chief Financial Officer to review the certifications
658 and submit a report of its findings to the Legislature
659 and the Department of Revenue; deleting the list of
660 court-related functions that each clerk may and may
661 not fund from filing fees, service charges, court
662 costs, and fines; deleting provisions regarding the
663 funding of the corporation; requiring the Auditor
664 General to conduct an audit of the operations of the
665 corporation, including the use of funds and compliance
666 with state law; repealing s. 28.36, F.S., relating to
667 the budget procedure for the court-related functions
668 of the clerks of court; requiring the Division of
669 Statutory Revision to conform adjustments to ch. 216,
670 F.S., to provide the clerks of court with an annual
671 appropriation by the Legislature through the
672 corporation; amending s. 34.041, F.S.; requiring a
673 clerk of court to remit to the Department of Revenue
674 for deposit into the State Courts Revenue Trust Fund
675 instead of the General Revenue Fund or the state
676 courts’ Mediation and Arbitration a certain monetary
677 amount from a party who institutes a civil action or
678 proceeding in county court, seeks relief by a cross
679 claim, counterclaim, or third-party complaint, or
680 files a notice of cross-appeal or notice of joinder;
681 amending s. 35.22, F.S.; requiring clerks of district
682 courts to remit certain filing fees to the State
683 Courts Revenue Trust Fund instead of the General
684 Revenue Fund; amending s. 216.011, F.S.; redefining
685 the term “state agency” or “agency” as it relates to
686 the fiscal affairs of the state; amending s. 318.14,
687 F.S.; requiring a portion of a civil penalty for a
688 traffic infraction be deposited in the General Revenue
689 Fund instead of the State Courts Revenue Trust Fund;
690 amending s. 318.18, F.S.; requiring that the revenue
691 from the administrative fee for noncriminal moving and
692 nonmoving traffic violations be deposited into the
693 State Courts Revenue Trust Fund instead of the fine
694 and forfeiture fund; amending s. 318.21, F.S.;
695 requiring that fines assessed for unlawful speeding be
696 deposited into the General Revenue Fund instead of the
697 State Courts Revenue Trust Fund; amending s. 775.083,
698 F.S.; requiring that fines assessed for certain
699 criminal offenses be deposited in the General Revenue
700 Fund instead of the State Courts Revenue Trust Fund;
701 providing effective dates.