Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. CS for SB 2108
       
       
       
       
       
       
                                Barcode 536436                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/07/2009           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Policy and Steering Committee on Ways and Means (Crist)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 28.35, Florida Statutes, is amended to
    6  read:
    7         28.35 Florida Clerks of Court Operations Corporation.—
    8         (1)(a) The Florida Clerks of Court Operations Corporation
    9  is hereby created as a public corporation organized to perform
   10  the functions specified in this section and s. 28.36. All clerks
   11  of the circuit court shall be members of the corporation and
   12  hold their position and authority in an ex officio capacity. The
   13  functions assigned to the corporation shall be performed by an
   14  executive council pursuant to the plan of operation approved by
   15  the members.
   16         (b) The executive council shall be composed of eight clerks
   17  of the court elected by the clerks of the courts for a term of 2
   18  years, with two clerks from counties with a population of fewer
   19  than 100,000, two clerks from counties with a population of at
   20  least 100,000 but fewer than 500,000, two clerks from counties
   21  with a population of at least 500,000 but fewer than 1 million,
   22  and two clerks from counties with a population of more than 1
   23  million.
   24         (c) The corporation shall be considered a political
   25  subdivision of the state and shall be exempt from the corporate
   26  income tax. The corporation is not subject to the procurement
   27  provisions of chapter 287 and policies and decisions of the
   28  corporation relating to incurring debt, levying assessments, and
   29  the sale, issuance, continuation, terms, and claims under
   30  corporation policies, and all services relating thereto, are not
   31  subject to the provisions of chapter 120.
   32         (d) The functions assigned to the corporation under this
   33  section and ss. 28.36 and 28.37 are considered to be for a valid
   34  public purpose.
   35         (2) The duties of the corporation shall include the
   36  following:
   37         (a) Adopting a plan of operation.
   38         (b) Conducting the election of directors as required in
   39  paragraph (1)(a).
   40         (c) Recommending to the Legislature changes in the various
   41  court-related fines, fees, service charges, and court costs
   42  established by law to ensure reasonable and adequate funding of
   43  the clerks of the court in the performance of their court
   44  related functions.
   45         (d) Pursuant to contract with the Chief Financial Officer,
   46  establishing a process for the review and certification of
   47  proposed court-related budget requests budgets submitted by
   48  clerks of the court for completeness and compliance with this
   49  section and ss. 28.36 and 28.37. This process shall be designed
   50  and be of sufficient detail to permit independent verification
   51  and validation of the budget certification. The contract shall
   52  specify the process to be used in determining compliance by the
   53  corporation with this section and ss. 28.36 and 28.37.
   54         (e) Developing and certifying a uniform system of
   55  performance measures and applicable performance standards for
   56  the functions specified in paragraph (3)(a) paragraph (4)(a) and
   57  clerk performance in meeting the performance standards. These
   58  measures and standards shall be designed to facilitate an
   59  objective determination of the performance of each clerk in
   60  accordance with minimum standards for fiscal management,
   61  operational efficiency, and effective collection of fines, fees,
   62  service charges, and court costs. When the corporation finds a
   63  clerk has not met the performance standards, the corporation
   64  shall identify the nature of each deficiency and any corrective
   65  action recommended and taken by the affected clerk of the court.
   66         (f) Reviewing and certifying proposed budgets submitted by
   67  clerks of the court utilizing the process approved by the Chief
   68  Financial Officer pursuant to paragraph (d) for the purpose of
   69  making the certification in paragraph (3)(a). As part of this
   70  process, the corporation shall:
   71         1. Calculate the maximum authorized annual budget pursuant
   72  to the requirements of s. 28.36.
   73         2. Identify those proposed budget requests budgets
   74  exceeding the maximum annual budget pursuant to s. 28.36 s.
   75  28.36(5) for the standard list of court-related functions
   76  specified in paragraph (3)(a) paragraph (4)(a).
   77         3. Identify those proposed budgets containing funding for
   78  items not included on the standard list of court-related
   79  functions specified in paragraph (3)(a) paragraph (4)(a).
   80         4. Identify those clerks projected to have court-related
   81  revenues insufficient to fund their anticipated court-related
   82  expenditures.
   83         (g) Developing and conducting clerk education programs.
   84         (h) Publishing a uniform schedule of actual fees, service
   85  charges, and costs charged by a clerk of the court for court
   86  related functions pursuant to general law.
   87         (3)(a) The Clerks of Court Operations Corporation shall
   88  certify to the President of the Senate, the Speaker of the House
   89  of Representatives, the Chief Financial Officer, and the
   90  Department of Revenue by October 15 of each year, the amount of
   91  the proposed budget certified for each clerk; the revenue
   92  projection supporting each clerk’s budget; each clerk eligible
   93  to retain some or all of the state’s share of fines, fees,
   94  service charges, and costs; the amount to be paid to each clerk
   95  from the Clerks of the Court Trust Fund within the Department of
   96  Revenue; the performance measures and standards approved by the
   97  corporation for each clerk; and the performance of each clerk in
   98  meeting the performance standards.
   99         (b) Prior to December 1 of each year, the Chief Financial
  100  Officer shall review the certifications made by the corporation
  101  for the purpose of determining compliance with the approved
  102  process and report its findings to the President of the Senate,
  103  the Speaker of the House of Representatives and to the
  104  Department of Revenue. To determine compliance with this
  105  process, the Chief Financial Officer may examine the budgets
  106  submitted to the corporation by the clerks.
  107         (3)(4)(a) The list of court-related functions clerks may
  108  fund from filing fees, service charges, court costs, and fines
  109  shall be limited to those functions expressly authorized by law
  110  or court rule. Those functions must include the following: case
  111  maintenance; records management; court preparation and
  112  attendance; processing the assignment, reopening, and
  113  reassignment of cases; processing of appeals; collection and
  114  distribution of fines, fees, service charges, and court costs;
  115  processing of bond forfeiture payments; payment of jurors and
  116  witnesses; payment of expenses for meals or lodging provided to
  117  jurors; data collection and reporting; processing of jurors;
  118  determinations of indigent status; and reasonable administrative
  119  support costs to enable the clerk of the court to carry out
  120  these court-related functions.
  121         (b) The list of functions clerks may not fund from filing
  122  fees, service charges, court costs, and fines shall include:
  123         1. Those functions not specified within paragraph (a).
  124         2. Functions assigned by administrative orders which are
  125  not required for the clerk to perform the functions in paragraph
  126  (a).
  127         3. Enhanced levels of service which are not required for
  128  the clerk to perform the functions in paragraph (a).
  129         4. Functions identified as local requirements in law or
  130  local optional programs.
  131         (4)(5) The corporation shall be funded pursuant to contract
  132  with the Chief Financial Officer. Funds shall be provided to the
  133  Chief Financial Officer for this purpose as appropriated by
  134  general law. These funds shall be available to the corporation
  135  for the performance of the duties and responsibilities as set
  136  forth in this section. The corporation may hire staff and pay
  137  other expenses from these funds as necessary to perform the
  138  official duties and responsibilities of the corporation as
  139  described in this section.
  140         (5)(6)(a) The corporation shall submit an annual audited
  141  financial statement to the Auditor General in a form and manner
  142  prescribed by the Auditor General. The Auditor General shall
  143  conduct an annual audit of the operations of the corporation,
  144  including the use of funds and compliance with the provisions of
  145  this section and ss. 28.36 and 28.37.
  146         (b) Certified public accountants conducting audits of
  147  counties pursuant to s. 218.39 shall report, as part of the
  148  audit, whether or not the clerks of the courts have complied
  149  with the requirements of this section and s. 28.36 budgets
  150  certified by the Florida Clerk of Courts Operations Corporation
  151  pursuant to the budget review process pursuant to contract with
  152  the Chief Financial Officer and with the performance standards
  153  developed and certified pursuant to this section. The Auditor
  154  General shall develop a compliance supplement for the audit of
  155  compliance with the budgets and applicable performance standards
  156  certified by the corporation.
  157         Section 2. Section 28.36, Florida Statutes, is amended to
  158  read:
  159         28.36 Budget procedure.—There is hereby established a
  160  budget procedure for the preparation of a budget request for
  161  funding for the court-related functions of the clerks of the
  162  court.
  163         (1) Each clerk of court shall prepare a budget request for
  164  the last quarter of the county fiscal year and the first three
  165  quarters of the next county fiscal year. The proposed budget
  166  shall be prepared, summarized, and submitted by the clerk in
  167  each county to the Clerks of Court Operations Corporation in the
  168  manner and form prescribed by the corporation. The budget
  169  requests must be provided to the corporation by January 1 of
  170  each year. Only those functions on the standard list developed
  171  pursuant to s. 28.35(4)(a) may be funded from fees, service
  172  charges, court costs, and fines retained by the clerks of the
  173  court. No clerk may use fees, service charges, court costs, and
  174  fines in excess of the maximum budget amounts as established in
  175  subsection (5).
  176         (2) For the period July 1, 2004, through September 30,
  177  2004, and for each county fiscal year ending September 30
  178  thereafter, each clerk of the court shall prepare a budget
  179  relating solely to the performance of the standard list of
  180  court-related functions pursuant to s. 28.35(4)(a).
  181         (3) Each proposed budget shall further conform to the
  182  following requirements:
  183         (a) On or before August 15 for each fiscal year thereafter,
  184  the proposed budget shall be prepared, summarized, and submitted
  185  by the clerk in each county to the Clerks of Court Operations
  186  Corporation in the manner and form prescribed by the
  187  corporation. The proposed budget must provide detailed
  188  information on the anticipated revenues available and
  189  expenditures necessary for the performance of the standard list
  190  of court-related functions of the clerk’s office developed
  191  pursuant to s. 28.35(4)(a) for the county fiscal year beginning
  192  the following October 1.
  193         (b) The proposed budget must be balanced, such that the
  194  total of the estimated revenues available must equal or exceed
  195  the total of the anticipated expenditures. These revenues
  196  include the following: cash balances brought forward from the
  197  prior fiscal period; revenue projected to be received from fees,
  198  service charges, court costs, and fines for court-related
  199  functions during the fiscal period covered by the budget; and
  200  supplemental revenue that may be requested pursuant to
  201  subsection (4). The anticipated expenditures must be itemized as
  202  required by the corporation, pursuant to contract with the Chief
  203  Financial Officer.
  204         (c) The proposed budget may include a contingency reserve
  205  not to exceed 10 percent of the total budget, provided that,
  206  overall, the proposed budget does not exceed the limits
  207  prescribed in subsection (5).
  208         (4) If a clerk of the court estimates that available funds
  209  plus projected revenues from fines, fees, service charges, and
  210  costs for court-related services are insufficient to meet the
  211  anticipated expenditures for the standard list of court-related
  212  functions in s. 28.35(4)(a) performed by his or her office, the
  213  clerk must report the revenue deficit to the Clerks of Court
  214  Operations Corporation in the manner and form prescribed by the
  215  corporation pursuant to contract with the Chief Financial
  216  Officer. The corporation shall verify that the proposed budget
  217  is limited to the standard list of court-related functions in s.
  218  28.35(4)(a).
  219         (2)(a) If the corporation determines that verifies that the
  220  proposed budget is limited to the standard list of court-related
  221  functions in s. 28.35(3)(a) s. 28.35(4)(a) and the projected
  222  court-related revenues are less than the proposed budget, the a
  223  revenue deficit is projected, a clerk seeking to retain revenues
  224  pursuant to this subsection shall increase all fees, service
  225  charges, and any other court-related clerk fees and charges to
  226  the maximum amounts specified by law or the amount necessary to
  227  resolve the deficit, whichever is less.
  228         (3)Each clerk shall prepare his or her budget request
  229  using prior-year expenditures, unit costs, and the proposed
  230  budget specified in these core services:
  231         1.Case processing;
  232         2.Financial processing;
  233         3.Jury management; and
  234         4.Information and reporting.
  235  
  236  Central administrative costs shall be allocated among the core
  237  services categories. The unit cost for the core services must be
  238  identified for each clerk in his or her budget request pursuant
  239  to instructions to be provided by the corporation.
  240         (4)The corporation shall review each individual clerk’s
  241  budget request, prior-year expenditures, unit costs, and the
  242  proposed budget for each of the core-services categories. The
  243  corporation shall compare each clerk’s prior-year expenditures
  244  and unit costs for core services with a peer group of clerk
  245  offices having a population of a similar size and a similar
  246  number of case filings. If the corporation finds that the
  247  expenditures, unit costs, or proposed budget of a clerk are
  248  significantly higher than those of clerks in that clerk’s peer
  249  group, the corporation shall require the clerk to submit
  250  documentation justifying the difference in each core-services
  251  category. Justification for higher expenditures may include, but
  252  need not be limited to, collective bargaining agreements, county
  253  civil service agreements, the cost of retirement programs, and
  254  the number and distribution of court houses served by the clerk.
  255  If the expenditures and unit costs are not justified, the
  256  corporation shall recommend a reduction in the funding for that
  257  core-services category in the budget request to an amount
  258  similar to the peer group of clerks or to an amount that the
  259  corporation determines is justified.
  260         (5)The salaries provided to employees of a clerk of court
  261  may be adjusted only by the average percentage increase or
  262  decrease in the salaries of state career service employees for
  263  the current state fiscal year. The corporation shall review
  264  prior-year expenditures and proposed budgets to ensure that each
  265  clerk of court complies with this subsection. If the corporation
  266  finds that a clerk violated this subsection, the corporation
  267  shall report the violation to the Chief Financial Officer. The
  268  Chief Financial Officer shall adjust the budget request for a
  269  clerk violating this subsection by the amount of the
  270  unauthorized budget.
  271         (6)The corporation shall complete its review and
  272  adjustments to the clerks’ budget requests and make its
  273  recommendations to the Chief Financial Officer by February 1
  274  each year.
  275         (7)The Chief Financial Officer shall review the
  276  recommendations of the corporation to ensure that the clerks’
  277  budget requests comply with the law. The Chief Financial Officer
  278  shall adjust the budget request for any clerk which does not
  279  meet the requirements of law. The Chief Financial Officer shall
  280  make a budget recommendation for the last quarter of the county
  281  fiscal year and the first three quarters of the next county
  282  fiscal year for funding for the clerks of court by March 1 each
  283  year and recommend unit costs for each service for each clerk.
  284         (8)The Legislature shall appropriate the total amount for
  285  the budgets of the clerks in the General Appropriations Act. The
  286  Legislature may reject or modify the unit costs recommended by
  287  the Chief Financial Officer which are associated with the
  288  appropriation.
  289         (9)The Chief Financial Officer shall release
  290  appropriations to each clerk quarterly. The amount of the
  291  release shall be based on the prior quarter’s performance of
  292  service units identified in the four core services and the unit
  293  costs recommended by the Chief Financial Officer as modified by
  294  the Legislature for each clerk. If, after increasing fees,
  295  service charges, and any other court-related clerk fees and
  296  charges to the maximum amounts specified by law, a revenue
  297  deficit is still projected, the corporation shall, pursuant to
  298  the terms of the contract with the Chief Financial Officer,
  299  certify a revenue deficit and notify the Department of Revenue
  300  that the clerk is authorized to retain revenues, in an amount
  301  necessary to fully fund the projected revenue deficit, which he
  302  or she would otherwise be required to remit to the Department of
  303  Revenue for deposit into the Department of Revenue Clerks of the
  304  Court Trust Fund pursuant to s. 28.37. If a revenue deficit is
  305  projected for that clerk after retaining all of the projected
  306  collections from the court-related fines, fees, service charges,
  307  and costs, the Department of Revenue shall certify the amount of
  308  the revenue deficit amount to the Executive Office of the
  309  Governor and request release authority for funds appropriated
  310  for this purpose from the Department of Revenue Clerks of the
  311  Court Trust Fund. Notwithstanding provisions of s. 216.192
  312  related to the release of funds, the Executive Office of the
  313  Governor may approve the release of funds appropriated to
  314  resolve projected revenue deficits in accordance with the
  315  notice, review, and objection procedures set forth in s. 216.177
  316  and shall provide notice to the Chief Financial Officer. The
  317  Department of Revenue is directed to request monthly
  318  distributions from the Chief Financial Officer in equal amounts
  319  to each clerk certified to have a revenue deficit, in accordance
  320  with the releases approved by the Governor.
  321         (b) If the Chief Financial Officer finds the court-related
  322  budget proposed by a clerk includes functions not included in
  323  the standard list of court-related functions in s. 28.35(4)(a),
  324  the Chief Financial Officer shall notify the clerk of the amount
  325  of the proposed budget not eligible to be funded from fees,
  326  service charges, costs, and fines for court-related functions
  327  and shall identify appropriate corrective measures to ensure
  328  budget integrity. The clerk shall then immediately discontinue
  329  all ineligible expenditures of court-related funds for this
  330  purpose and reimburse the Clerks of the Court Trust Fund for any
  331  previously ineligible expenditures made for non-court-related
  332  functions, and shall implement any corrective actions identified
  333  by the Chief Financial Officer.
  334         (5)(a) For the county fiscal year October 1, 2004, through
  335  September 30, 2005, the maximum annual budget amount for the
  336  standard list of court-related functions of the clerks of court
  337  in s. 28.35(4)(a) that may be funded from fees, service charges,
  338  court costs, and fines retained by the clerks of the court shall
  339  not exceed:
  340         1. One hundred and three percent of the clerk’s estimated
  341  expenditures for the prior county fiscal year; or
  342         2. One hundred and five percent of the clerk’s estimated
  343  expenditures for the prior county fiscal year for those clerks
  344  in counties that for calendar years 1998-2002 experienced an
  345  average annual increase of at least 5 percent in both population
  346  and case filings for all case types as reported through the
  347  Summary Reporting System used by the state courts system.
  348         (b) For the county fiscal year 2005-2006, the maximum
  349  budget amount for the standard list of court-related functions
  350  of the clerks of court in s. 28.35(4)(a) that may be funded from
  351  fees, service charges, court costs, and fines retained by the
  352  clerks of the court shall be the approved budget for county
  353  fiscal year 2004-2005 adjusted by the projected percentage
  354  change in revenue between the county fiscal years 2004-2005 and
  355  2005-2006.
  356         (c) For the county fiscal years 2006-2007 and thereafter,
  357  the maximum budget amount for the standard list of court-related
  358  functions of the clerks of court in s. 28.35(4)(a) that may be
  359  funded from fees, service charges, court costs, and fines
  360  retained by the clerks of the court shall be established by
  361  first rebasing the prior fiscal year budget to reflect the
  362  actual percentage change in the prior fiscal year revenue and
  363  then adjusting the rebased prior fiscal year budget by the
  364  projected percentage change in revenue for the proposed budget
  365  year. The rebasing calculations and maximum annual budget
  366  calculations shall be as follows:
  367         1. For county fiscal year 2006-2007, the approved budget
  368  for county fiscal year 2004-2005 shall be adjusted for the
  369  actual percentage change in revenue between the two 12-month
  370  periods ending June 30, 2005, and June 30, 2006. This result is
  371  the rebased budget for the county fiscal year 2005-2006. Then
  372  the rebased budget for the county fiscal year 2005-2006 shall be
  373  adjusted by the projected percentage change in revenue between
  374  the county fiscal years 2005-2006 and 2006-2007. This result
  375  shall be the maximum annual budget amount for the standard list
  376  of court-related functions of the clerks of court in s.
  377  28.35(4)(a) that may be funded from fees, service charges, court
  378  costs, and fines retained by the clerks of the court for each
  379  clerk for the county fiscal year 2006-2007.
  380         2. For county fiscal year 2007-2008, the rebased budget for
  381  county fiscal year 2005-2006 shall be adjusted for the actual
  382  percentage change in revenue between the two 12-month periods
  383  ending June 30, 2006, and June 30, 2007. This result is the
  384  rebased budget for the county fiscal year 2006-2007. The rebased
  385  budget for county fiscal year 2006-2007 shall be adjusted by the
  386  projected percentage change in revenue between the county fiscal
  387  years 2006-2007 and 2007-2008. This result shall be the maximum
  388  annual budget amount for the standard list of court-related
  389  functions of the clerks of court in s. 28.35(4)(a) that may be
  390  funded from fees, service charges, court costs, and fines
  391  retained by the clerks of the court for county fiscal year 2007
  392  2008.
  393         3. For county fiscal years 2008-2009 and thereafter, the
  394  maximum budget amount for the standard list of court-related
  395  functions of the clerks of court in s. 28.35(4)(a) that may be
  396  funded from fees, service charges, court costs, and fines
  397  retained by the clerks of the court shall be calculated as the
  398  rebased budget for the prior county fiscal year adjusted by the
  399  projected percentage change in revenues between the prior county
  400  fiscal year and the county fiscal year for which the maximum
  401  budget amount is being authorized. The rebased budget for the
  402  prior county fiscal year shall always be calculated by adjusting
  403  the rebased budget for the year preceding the prior county
  404  fiscal year by the actual percentage change in revenues between
  405  the 12-month period ending June 30 of the year preceding the
  406  prior county fiscal year and the 12-month period ending June 30
  407  of the prior county fiscal year.
  408         (6) The Legislative Budget Commission may approve increases
  409  to the maximum annual budgets approved for individual clerks of
  410  the court pursuant to this section for court-related duties, if
  411  either of the following conditions exist:
  412         (a) The additional funding is necessary to pay the cost of
  413  performing new or additional functions required by changes in
  414  law or court rule. Before the Legislative Budget Commission may
  415  approve an increase in the maximum annual budget of any clerk
  416  under this paragraph, the Clerk of the Court Operations
  417  Corporation must provide the Legislative Budget Commission with
  418  a statement of the impact of the proposed budget changes on
  419  state revenues, and evidence that the respective clerk of the
  420  court is meeting or exceeding the established performance
  421  standards for measures on the fiscal management, operational
  422  efficiency, and effective collection of fines, fees, service
  423  charges, and court costs.
  424         (b) The additional funding is necessary to pay the cost of
  425  supporting increases in the number of judges or magistrates
  426  authorized by the Legislature. Before the Legislative Budget
  427  Commission may approve an increase in the maximum annual budget
  428  of any clerk under this paragraph, the Clerk of the Court
  429  Operations Corporation must provide the Legislative Budget
  430  Commission with a statement of the impact of the proposed budget
  431  changes on state revenues; evidence that the respective clerk of
  432  the court is meeting or exceeding the established performance
  433  standards for measures on the fiscal management, operational
  434  efficiency, and effective collection of fines, fees, service
  435  charges, and court costs; and a proposed staffing model,
  436  including the cost and number of staff necessary to support each
  437  new judge or magistrate.
  438  
  439  The total amount of increases approved by the Legislative Budget
  440  Commission for each county fiscal year shall not exceed an
  441  amount equal to 2 percent of the maximum annual budgets approved
  442  pursuant to this section for all clerks, in the aggregate, for
  443  that same county fiscal year.
  444         (10)(7) The Chief Financial Officer and the corporation may
  445  submit proposed legislation to the Governor, the President of
  446  the Senate, and the Speaker of the House of Representatives
  447  relating to the preparation of budget requests of the clerks of
  448  court and the recommendations of the Chief Financial Officer no
  449  later than November 1 in any year for approval of clerk budget
  450  request amounts exceeding the restrictions in this section for
  451  the following October 1. If proposed legislation is recommended,
  452  the corporation shall also submit supporting justification with
  453  sufficient detail to identify the specific proposed expenditures
  454  that would cause the limitations to be exceeded for each
  455  affected clerk and the estimated fiscal impact on state
  456  revenues.
  457         Section 3. Section 142.01, Florida Statutes, is amended to
  458  read:
  459         142.01 Fine and forfeiture fund; disposition of revenue;
  460  clerk of the circuit court.—
  461         (1) There shall be established by the clerk of the circuit
  462  court in each county of this state a separate fund to be known
  463  as the fine and forfeiture fund for use by the clerk of the
  464  circuit court in performing court-related functions. The fund
  465  shall consist of the following:
  466         (a)(1) Fines and penalties pursuant to ss. 28.2402(2),
  467  34.045(2), 316.193, 327.35, 327.72, 379.2203(1), and 775.083(1).
  468         (b)(2) That portion of civil penalties directed to this
  469  fund pursuant to s. 318.21.
  470         (c)(3) Court costs pursuant to ss. 28.2402(1)(b),
  471  34.045(1)(b), 318.14(10)(b), 318.18(11)(a), 327.73(9)(a) and
  472  (11)(a), and 938.05(3).
  473         (d)(4) Proceeds from forfeited bail bonds, unclaimed bonds,
  474  unclaimed moneys, or recognizances pursuant to ss. 321.05(4)(a),
  475  379.2203(1), and 903.26(3)(a).
  476         (e)(5) Fines and forfeitures pursuant to s. 34.191.
  477         (f)(6) All other revenues received by the clerk as revenue
  478  authorized by law to be retained by the clerk.
  479         (2)All revenues received by the clerk in the fine and
  480  forfeiture fund for funding of court-related duties shall be
  481  remitted monthly to the Department of Revenue for deposit into
  482  the Administrative Trust Fund within the Department of Financial
  483  Services.
  484         (3) Notwithstanding the provisions of this section, all
  485  fines and forfeitures arising from operation of the provisions
  486  of s. 318.1215 shall be disbursed in accordance with that
  487  section.
  488         Section 4. Subsection (4) of section 28.37, Florida
  489  Statutes, is amended to read:
  490         28.37 Fines, fees, service charges, and costs remitted to
  491  the state.—
  492         (4) Beginning January 1, 2005, for the period July 1, 2004,
  493  through September 30, 2004, and each January 1 thereafter for
  494  the preceding county fiscal year of October 1 through September
  495  30, the clerk of the court must remit to the Department of
  496  Revenue for deposit in the General Revenue Fund the cumulative
  497  excess of all fees, service charges, court costs, and fines
  498  retained by the clerks of the court, plus any funds received by
  499  the clerks of the court from the Department of Revenue Clerk of
  500  the Court Trust Fund under s. 28.36(4)(a), over the amount
  501  needed to meet the approved budget amounts established under s.
  502  28.36.
  503         Section 5. The clerks of court shall provide financial data
  504  concerning their expenditures on court-related duties to the
  505  Executive Office of the Governor for the purposes contained in
  506  SB 1796 or similar legislation.
  507         Section 6. The sum of $112,845,078 is appropriated from the
  508  Administrative Trust Fund within the Department of Financial
  509  Services to the Chief Financial Officer for the clerk of court
  510  budgets for the last quarter of the 2008-2009 county fiscal
  511  year, and $338,535,234 is appropriated from the Administrative
  512  Trust Fund to the Chief Financial Officer for the clerks of
  513  court for the first three quarters of the 2009-2010 county
  514  fiscal year.
  515         Section 7. The Legislature finds and declares that this act
  516  fulfills an important state interest.
  517         Section 8. This act shall take effect July 1, 2009.
  518  
  519  ================= T I T L E  A M E N D M E N T ================
  520         And the title is amended as follows:
  521         Delete everything before the enacting clause
  522  and insert:
  523                        A bill to be entitled                      
  524         An act relating to the clerks of court; amending s.
  525         28.35, F.S.; requiring the Florida Clerks of Court
  526         Operations Corporation to establish a process to
  527         review and certify budget requests of the clerks of
  528         court; conforming cross-references; deleting
  529         provisions relating to the certification of the amount
  530         of the proposed budget for each clerk; amending s.
  531         28.36, F.S.; providing a procedure for preparing
  532         budget requests for the court-related functions of
  533         clerks of court; requiring clerks to submit budget
  534         requests to the Florida Clerks of Court Operations
  535         Corporation; requiring the corporation to determine
  536         whether court-related revenues are less than the
  537         proposed budget for a clerk; requiring a clerk of
  538         court to prepare a budget request based on specified
  539         core services; requiring the corporation to compare a
  540         clerk’s expenditures and costs with the clerk’s peer
  541         group; limiting salary adjustments for employees of a
  542         clerk of court based on salary adjustments for career
  543         service employees; requiring the Chief Financial
  544         Officer to review the recommendations of the
  545         corporation relating to the budget requests of the
  546         clerks of court; requiring the Chief Financial Officer
  547         to release appropriations to the clerks of court
  548         quarterly; adjusting the release of funds based on
  549         performance of certain service units by the clerk;
  550         amending s. 142.01, F.S.; requiring the deposit of
  551         revenues received in the fine and forfeiture funds of
  552         the clerks of court into the Department of Financial
  553         Services’ Administrative Trust Fund; amending s.
  554         28.27, F.S.; deleting a provision relating to the
  555         funding of the clerks of court from a specified trust
  556         fund to conform to changes made by the act; requiring
  557         that the clerks of court submit financial data to the
  558         Executive Office of the Governor; providing
  559         appropriations; providing a finding that the act
  560         fulfills an important state interest; providing an
  561         effective date.