CS for CS for SB 2108                            First Engrossed
       
       
       
       
       
       
       
       
       20092108e1
       
    1                        A bill to be entitled                      
    2         An act relating to the clerks of court; amending s.
    3         25.381, F.S.; requiring the Supreme Court and Attorney
    4         General to jointly enter into a contract with a vendor
    5         to publish copies of Florida cases; amending s.
    6         28.241, F.S.; redirecting a portion of certain civil
    7         filing fees to the Clerks of the Court Trust Fund
    8         within the Justice Administrative Commission;
    9         eliminating a requirement that a portion of such fees
   10         be deposited into the Department of Financial
   11         Services’ Administrative Trust Fund; amending s.
   12         28.246, F.S.; requiring the clerk to refer certain
   13         unpaid accounts to a private attorney or a collection
   14         agent; amending s. 28.35, F.S.; providing for the
   15         Florida Clerks of Court Operations Corporation to be
   16         administratively housed within the Justice
   17         Administrative Commission; requiring the Chief Justice
   18         of the Supreme Court to designate a member of the
   19         corporation’s executive council to represent the state
   20         courts system; deleting provisions exempting the
   21         corporation from ch. 287, F.S., relating to
   22         procurement, and from ch. 120, F.S., relating to
   23         administrative procedures; revising the duties of the
   24         corporation; requiring that the Florida Clerks of
   25         Court Operations Corporation develop measures and
   26         standards for reviewing the performance of clerks of
   27         court and notify the Legislature and the Supreme Court
   28         of any clerk not meeting the standards; conforming
   29         cross-references; deleting provisions relating to the
   30         certification of the amount of the proposed budget for
   31         each clerk; providing for the clerks of court to be
   32         funded pursuant to state appropriations rather than
   33         from filing fees, service charges, court costs, and
   34         fines; providing for the Florida Clerks of Court
   35         Operations Corporation to be funded pursuant to the
   36         General Appropriations Act rather than a contract with
   37         the Chief Financial Officer; revising requirements for
   38         the audits of clerks of court; amending s. 28.36,
   39         F.S.; providing a procedure for the clerks of court to
   40         prepare budget requests for submission to the Florida
   41         Clerks of Court Operations Corporation, with a copy to
   42         the Supreme Court; providing requirements for the
   43         budget requests; requiring the corporation to
   44         determine whether projected court-related revenues are
   45         less than the proposed budget for a clerk; requiring
   46         that a clerk increase fees and service charges to
   47         resolve a deficit; requiring the corporation to
   48         compare a clerk’s expenditures and costs with the
   49         clerk’s peer group and for the clerk to submit
   50         documentation justifying higher expenditures;
   51         requiring that the corporation and the Chief Financial
   52         Officer review the clerks’ budget requests and make
   53         recommendations to the Legislature; authorizing the
   54         Chief Financial Officer to conduct, and the Chief
   55         Justice of the Supreme Court to request, an audit of
   56         the corporation or a clerk of court; providing for the
   57         Legislature to make appropriations for the budgets of
   58         the clerks; requiring that the corporation release
   59         appropriations each quarter; deleting provisions
   60         authorizing the Legislative Budget Commission to
   61         approve budgets; amending s. 28.37, F.S.; clarifying
   62         the requirement for all court-related fines, fees,
   63         service charges, and costs to be deposited into the
   64         Clerks of the Court Trust Fund; deleting obsolete
   65         provisions relating to the funding of the clerks of
   66         court; requiring that a specified percentage of all
   67         court-related fines collected by the clerk be
   68         deposited into the clerk’s Public Records
   69         Modernization Trust Fund and used exclusively for
   70         additional court-related operational needs and
   71         programs; amending s. 34.041, F.S., relating to filing
   72         fees; conforming provisions to changes made by the
   73         act; amending s. 43.16, F.S., relating to the duties
   74         of the Justice Administrative Commission; conforming
   75         provisions to the transfer of the Florida Clerks of
   76         Court Operations Corporation to the commission;
   77         amending s. 43.27, F.S.; requiring that the clerk of
   78         court obtain the consent of the chief judge of the
   79         circuit concerning the clerk’s office hours; amending
   80         s. 45.035, F.S.; revising the service charge for
   81         certain sales conducted by electronic means; requiring
   82         the service charge to be paid by the winning bidder;
   83         amending s. 142.01, F.S.; requiring the deposit of
   84         revenues received in the fine and forfeiture funds of
   85         the clerks of court into the Clerks of the Court Trust
   86         Fund within the Justice Administrative Commission;
   87         amending s. 216.011, F.S.; redefining the term “state
   88         agency” for purposes of the fiscal affairs of the
   89         state to include the Florida Clerks of Court
   90         Operations Corporation; amending s. 197.542, F.S.;
   91         adding the costs to conduct an electronic tax deed
   92         sale to certain other costs which must be paid by the
   93         certificate holder; amending s. 318.18, F.S.;
   94         authorizing certain local governments to impose a
   95         surcharge on certain infractions or violations to
   96         repay bonds relating to court facilities; requiring a
   97         clerk of court to report the amount of surcharge
   98         collections; requiring that the clerks of court submit
   99         financial data to the Executive Office of the
  100         Governor; transferring the Clerks of the Court Trust
  101         Fund from the Department of Revenue to the Justice
  102         Administrative Commission; providing a finding that
  103         the act fulfills an important state interest;
  104         providing an effective date.
  105  
  106  Be It Enacted by the Legislature of the State of Florida:
  107  
  108         Section 1. Section 25.381, Florida Statutes, is amended to
  109  read:
  110         25.381 Reports; publication; purchase and distribution.—The
  111  reports of the opinions of the Supreme Court and the district
  112  courts of appeal shall be known as Florida Cases. In July, 1963,
  113  and every second year thereafter until otherwise provided by
  114  law, the Supreme Court and the Attorney General shall jointly
  115  enter into a contract with a vendor West Publishing Corporation,
  116  St. Paul, Minnesota, providing for the publication, in whatever
  117  format or formats are agreed upon, and distribution of such
  118  copies of Florida Cases as necessary to furnish copies thereof
  119  to the officers and institutions as required or authorized by
  120  law. The copies of such reports purchased by the state under
  121  such contract shall be paid for from moneys appropriated for
  122  this purpose.
  123         Section 2. Subsection (1) of section 28.241, Florida
  124  Statutes, is amended to read
  125         28.241 Filing fees for trial and appellate proceedings.—
  126         (1)(a) The party instituting any civil action, suit, or
  127  proceeding in the circuit court shall pay to the clerk of that
  128  court a filing fee of up to $295 in all cases in which there are
  129  not more than five defendants and an additional filing fee of up
  130  to $2.50 for each defendant in excess of five. Of the first $85
  131  in filing fees, $80 must be remitted by the clerk to the
  132  Department of Revenue for deposit into the General Revenue Fund,
  133  and $5 must be remitted to the Department of Revenue for deposit
  134  into the Clerks of the Court Trust Fund within the Justice
  135  Administrative Commission and used Department of Financial
  136  Services’ Administrative Trust Fund to fund the contract with
  137  the Florida Clerks of Court Operations Corporation created in s.
  138  28.35. The next $15 of the filing fee collected shall be
  139  deposited in the state courts’ Mediation and Arbitration Trust
  140  Fund. One-third of any filing fees collected by the clerk of the
  141  circuit court in excess of $100 shall be remitted to the
  142  Department of Revenue for deposit into the Department of Revenue
  143  Clerks of the Court Trust Fund. An additional filing fee of $4
  144  shall be paid to the clerk. The clerk shall remit $3.50 to the
  145  Department of Revenue for deposit into the Court Education Trust
  146  Fund and shall remit 50 cents to the Department of Revenue for
  147  deposit into the Clerks of the Court Department of Financial
  148  Services Administrative Trust Fund to fund clerk education. An
  149  additional filing fee of up to $18 shall be paid by the party
  150  seeking each severance that is granted. The clerk may impose an
  151  additional filing fee of up to $85 for all proceedings of
  152  garnishment, attachment, replevin, and distress. Postal charges
  153  incurred by the clerk of the circuit court in making service by
  154  certified or registered mail on defendants or other parties
  155  shall be paid by the party at whose instance service is made. No
  156  additional fees, charges, or costs shall be added to the filing
  157  fees imposed under this section, except as authorized herein or
  158  by general law.
  159         (b) A party reopening any civil action, suit, or proceeding
  160  in the circuit court shall pay to the clerk of court a filing
  161  fee set by the clerk in an amount not to exceed $50. For
  162  purposes of this section, a case is reopened when a case
  163  previously reported as disposed of is resubmitted to a court and
  164  includes petitions for modification of a final judgment of
  165  dissolution. A party is exempt from paying the fee for any of
  166  the following:
  167         1. A writ of garnishment;
  168         2. A writ of replevin;
  169         3. A distress writ;
  170         4. A writ of attachment;
  171         5. A motion for rehearing filed within 10 days;
  172         6. A motion for attorney’s fees filed within 30 days after
  173  entry of a judgment or final order;
  174         7. A motion for dismissal filed after a mediation agreement
  175  has been filed;
  176         8. A disposition of personal property without
  177  administration;
  178         9. Any probate case prior to the discharge of a personal
  179  representative;
  180         10. Any guardianship pleading prior to discharge;
  181         11. Any mental health pleading;
  182         12. Motions to withdraw by attorneys;
  183         13. Motions exclusively for the enforcement of child
  184  support orders;
  185         14. A petition for credit of child support;
  186         15. A Notice of Intent to Relocate and any order issuing as
  187  a result of an uncontested relocation;
  188         16. Stipulations;
  189         17. Responsive pleadings; or
  190         18. Cases in which there is no initial filing fee.
  191         (c) Any party other than a party described in paragraph (a)
  192  who files a pleading in an original civil action in circuit
  193  court for affirmative relief by cross-claim, counterclaim, or
  194  third-party complaint shall pay the clerk of court a fee of
  195  $295. The clerk shall remit the fee to the Department of Revenue
  196  for deposit into the General Revenue Fund.
  197         (d) The clerk of court shall collect a service charge of
  198  $10 for issuing a summons. The clerk shall assess the fee
  199  against the party seeking to have the summons issued.
  200         Section 3. Subsection (6) of section 28.246, Florida
  201  Statutes, is amended to read:
  202         28.246 Payment of court-related fees, charges, and costs;
  203  partial payments; distribution of funds.—
  204         (6) A clerk of court shall may pursue the collection of any
  205  fees, service charges, fines, court costs, and liens for the
  206  payment of attorney’s fees and costs pursuant to s. 938.29 which
  207  remain unpaid after for 90 days by referring or more, or refer
  208  the account to a private attorney who is a member in good
  209  standing of The Florida Bar or collection agent who is
  210  registered and in good standing pursuant to chapter 559. In
  211  pursuing the collection of such unpaid financial obligations
  212  through a private attorney or collection agent, the clerk of the
  213  court must have attempted to collect the unpaid amount through a
  214  collection court, collections docket, or other collections
  215  process, if any, established by the court, find this to be cost
  216  effective and follow any applicable procurement practices. The
  217  collection fee, including any reasonable attorney’s fee, paid to
  218  any attorney or collection agent retained by the clerk may be
  219  added to the balance owed in an amount not to exceed 40 percent
  220  of the amount owed at the time the account is referred to the
  221  attorney or agent for collection.
  222         Section 4. Section 28.35, Florida Statutes, is amended to
  223  read:
  224         28.35 Florida Clerks of Court Operations Corporation.—
  225         (1)(a) The Florida Clerks of Court Operations Corporation
  226  is hereby created as a public corporation organized to perform
  227  the functions specified in this section and s. 28.36, and shall
  228  be administratively housed within the Justice Administrative
  229  Commission. The corporation shall be a budget entity within the
  230  Justice Administrative Commission and its employees shall be
  231  considered state employees. All clerks of the circuit court
  232  shall be members of the corporation and hold their position and
  233  authority in an ex officio capacity. The functions assigned to
  234  the corporation shall be performed by an executive council
  235  pursuant to the plan of operation approved by the members.
  236         (b) The executive council shall be composed of eight clerks
  237  of the court elected by the clerks of the courts for a term of 2
  238  years, with two clerks from counties with a population of fewer
  239  than 100,000, two clerks from counties with a population of at
  240  least 100,000 but fewer than 500,000, two clerks from counties
  241  with a population of at least 500,000 but fewer than 1 million,
  242  and two clerks from counties with a population of more than 1
  243  million. In addition to the eight clerks of court serving on the
  244  executive council, the Chief Justice of the Supreme Court shall
  245  designate one additional member to represent the state courts
  246  system.
  247         (c) The corporation shall be considered a political
  248  subdivision of the state and shall be exempt from the corporate
  249  income tax. The corporation is not subject to the procurement
  250  provisions of chapter 287 and policies and decisions of the
  251  corporation relating to incurring debt, levying assessments, and
  252  the sale, issuance, continuation, terms, and claims under
  253  corporation policies, and all services relating thereto, are not
  254  subject to the provisions of chapter 120.
  255         (d) The functions assigned to the corporation under this
  256  section and ss. 28.36 and 28.37 are considered to be for a valid
  257  public purpose.
  258         (2) The duties of the corporation shall include the
  259  following:
  260         (a) Adopting a plan of operation.
  261         (b) Conducting the election of directors as required in
  262  paragraph (1)(a).
  263         (c) Recommending to the Legislature changes in the various
  264  court-related fines, fees, service charges, and court costs
  265  established by law to ensure reasonable and adequate funding of
  266  the clerks of the court in the performance of their court
  267  related functions.
  268         (d)Pursuant to contract with the Chief Financial Officer,
  269  establishing a process for the review and certification of
  270  proposed court-related budgets submitted by clerks of the court
  271  for completeness and compliance with this section and ss. 28.36
  272  and 28.37. This process shall be designed and be of sufficient
  273  detail to permit independent verification and validation of the
  274  budget certification. The contract shall specify the process to
  275  be used in determining compliance by the corporation with this
  276  section and ss. 28.36 and 28.37.
  277         (d)(e) Developing and certifying a uniform system of
  278  performance measures and applicable performance standards for
  279  the functions specified in paragraph (3)(a) and the service unit
  280  costs required in s. 28.36 paragraph (4)(a) and measures for
  281  clerk performance in meeting the performance standards. These
  282  measures and standards shall be designed to facilitate an
  283  objective determination of the performance of each clerk in
  284  accordance with minimum standards for fiscal management,
  285  operational efficiency, and effective collection of fines, fees,
  286  service charges, and court costs. The corporation shall develop
  287  the performance measures and performance standards in
  288  consultation with the Legislature and the Supreme Court. The
  289  Legislature may modify the clerk performance measures and
  290  performance standards in legislation implementing the General
  291  Appropriations Act or other law. When the corporation finds a
  292  clerk has not met the performance standards, the corporation
  293  shall identify the nature of each deficiency and any corrective
  294  action recommended and taken by the affected clerk of the court.
  295  The corporation shall notify the Legislature and the Supreme
  296  Court of any clerk not meeting performance standards and provide
  297  a copy of any corrective action plans.
  298         (e)(f) Reviewing and certifying proposed budgets submitted
  299  by clerks of the court pursuant to s. 28.36 utilizing the
  300  process approved by the Chief Financial Officer pursuant to
  301  paragraph (d) for the purpose of making the certification in
  302  paragraph (3)(a). As part of this process, the corporation
  303  shall:
  304         1.Calculate the maximum authorized annual budget pursuant
  305  to the requirements of s. 28.36.
  306         2.Identify those proposed budgets exceeding the maximum
  307  annual budget pursuant to s. 28.36(5) for the standard list of
  308  court-related functions specified in paragraph (4)(a).
  309         3.Identify those proposed budgets containing funding for
  310  items not included on the standard list of court-related
  311  functions specified in paragraph (4)(a).
  312         4.Identify those clerks projected to have court-related
  313  revenues insufficient to fund their anticipated court-related
  314  expenditures.
  315         (f)(g) Developing and conducting clerk education programs.
  316         (g)(h) Publishing a uniform schedule of actual fees,
  317  service charges, and costs charged by a clerk of the court for
  318  court-related functions pursuant to general law.
  319         (3)(a)The Clerks of Court Operations Corporation shall
  320  certify to the President of the Senate, the Speaker of the House
  321  of Representatives, the Chief Financial Officer, and the
  322  Department of Revenue by October 15 of each year, the amount of
  323  the proposed budget certified for each clerk; the revenue
  324  projection supporting each clerk’s budget; each clerk eligible
  325  to retain some or all of the state’s share of fines, fees,
  326  service charges, and costs; the amount to be paid to each clerk
  327  from the Clerks of the Court Trust Fund within the Department of
  328  Revenue; the performance measures and standards approved by the
  329  corporation for each clerk; and the performance of each clerk in
  330  meeting the performance standards.
  331         (b)Prior to December 1 of each year, the Chief Financial
  332  Officer shall review the certifications made by the corporation
  333  for the purpose of determining compliance with the approved
  334  process and report its findings to the President of the Senate,
  335  the Speaker of the House of Representatives and to the
  336  Department of Revenue. To determine compliance with this
  337  process, the Chief Financial Officer may examine the budgets
  338  submitted to the corporation by the clerks.
  339         (3)(4)(a) The list of court-related functions that clerks
  340  may perform are fund from filing fees, service charges, court
  341  costs, and fines shall be limited to those functions expressly
  342  authorized by law or court rule. Those functions must include
  343  the following: case maintenance; records management; court
  344  preparation and attendance; processing the assignment,
  345  reopening, and reassignment of cases; processing of appeals;
  346  collection and distribution of fines, fees, service charges, and
  347  court costs; processing of bond forfeiture payments; payment of
  348  jurors and witnesses; payment of expenses for meals or lodging
  349  provided to jurors; data collection and reporting; processing of
  350  jurors; determinations of indigent status; and reasonable
  351  administrative support costs to enable the clerk of the court to
  352  carry out these court-related functions.
  353         (b) The list of functions that clerks may not fund from
  354  state appropriations filing fees, service charges, court costs,
  355  and fines shall include:
  356         1. Those functions not specified within paragraph (a).
  357         2. Functions assigned by administrative orders which are
  358  not required for the clerk to perform the functions in paragraph
  359  (a).
  360         3. Enhanced levels of service which are not required for
  361  the clerk to perform the functions in paragraph (a).
  362         4. Functions identified as local requirements in law or
  363  local optional programs.
  364         (4)(5) The corporation shall be funded pursuant to the
  365  General Appropriations Act contract with the Chief Financial
  366  Officer. Funds shall be provided to the Chief Financial Officer
  367  for this purpose as appropriated by general law. These funds
  368  shall be available to the corporation for the performance of the
  369  duties and responsibilities as set forth in this section. The
  370  corporation may hire staff and pay other expenses from state
  371  appropriations these funds as necessary to perform the official
  372  duties and responsibilities of the corporation as described by
  373  law in this section.
  374         (5)(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 the provisions of
  379  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 requirements of this section and s. 28.36. In addition,
  384  each clerk of court shall forward a copy of the portion of the
  385  financial audit relating to the court-related duties of the
  386  clerk of court to the Supreme Court. budgets certified by the
  387  Florida Clerk of Courts Operations Corporation pursuant to the
  388  budget review process pursuant to contract with the Chief
  389  Financial Officer and with the performance standards developed
  390  and certified pursuant to this section. The Auditor General
  391  shall develop a compliance supplement for the audit of
  392  compliance with the budgets and applicable performance standards
  393  certified by the corporation.
  394         Section 5. Section 28.36, Florida Statutes, is amended to
  395  read:
  396         28.36 Budget procedure.—There is hereby established a
  397  budget procedure for the preparing budget requests for funding
  398  for the court-related functions of the clerks of the court.
  399         (1)Each clerk of court shall prepare a budget request for
  400  the last quarter of the county fiscal year and the first three
  401  quarters of the next county fiscal year. The proposed budget
  402  shall be prepared, summarized, and submitted by the clerk in
  403  each county to the Clerks of Court Operations Corporation in the
  404  manner and form prescribed by the corporation to meet the
  405  requirements of law. Each clerk shall forward a copy of his or
  406  her budget request to the Supreme Court. The budget requests
  407  must be provided to the corporation by October 1 of each year.
  408         (1)Only those functions on the standard list developed
  409  pursuant to s. 28.35(4)(a) may be funded from fees, service
  410  charges, court costs, and fines retained by the clerks of the
  411  court. No clerk may use fees, service charges, court costs, and
  412  fines in excess of the maximum budget amounts as established in
  413  subsection (5).
  414         (2)For the period July 1, 2004, through September 30,
  415  2004, and for each county fiscal year ending September 30
  416  thereafter, each clerk of the court shall prepare a budget
  417  relating solely to the performance of the standard list of
  418  court-related functions pursuant to s. 28.35(4)(a).
  419         (3)Each proposed budget shall further conform to the
  420  following requirements:
  421         (a)On or before August 15 for each fiscal year thereafter,
  422  the proposed budget shall be prepared, summarized, and submitted
  423  by the clerk in each county to the Clerks of Court Operations
  424  Corporation in the manner and form prescribed by the
  425  corporation. The proposed budget must provide detailed
  426  information on the anticipated revenues available and
  427  expenditures necessary for the performance of the standard list
  428  of court-related functions of the clerk’s office developed
  429  pursuant to s. 28.35(4)(a) for the county fiscal year beginning
  430  the following October 1.
  431         (b)The proposed budget must be balanced, such that the
  432  total of the estimated revenues available must equal or exceed
  433  the total of the anticipated expenditures. These revenues
  434  include the following: cash balances brought forward from the
  435  prior fiscal period; revenue projected to be received from fees,
  436  service charges, court costs, and fines for court-related
  437  functions during the fiscal period covered by the budget; and
  438  supplemental revenue that may be requested pursuant to
  439  subsection (4). The anticipated expenditures must be itemized as
  440  required by the corporation, pursuant to contract with the Chief
  441  Financial Officer.
  442         (c)The proposed budget may include a contingency reserve
  443  not to exceed 10 percent of the total budget, provided that,
  444  overall, the proposed budget does not exceed the limits
  445  prescribed in subsection (5).
  446         (4)If a clerk of the court estimates that available funds
  447  plus projected revenues from fines, fees, service charges, and
  448  costs for court-related services are insufficient to meet the
  449  anticipated expenditures for the standard list of court-related
  450  functions in s. 28.35(4)(a) performed by his or her office, the
  451  clerk must report the revenue deficit to the Clerks of Court
  452  Operations Corporation in the manner and form prescribed by the
  453  corporation pursuant to contract with the Chief Financial
  454  Officer. The corporation shall verify that the proposed budget
  455  is limited to the standard list of court-related functions in s.
  456  28.35(4)(a).
  457         (2)(a)Each clerk shall include in his or her budget
  458  request a projection of the amount of court-related fees,
  459  service charges, and any other court-related clerk fees which
  460  will be collected during the proposed budget period. If the
  461  corporation determines verifies that the proposed budget is
  462  limited to the standard list of court-related functions in s.
  463  28.35(3)(a) s. 28.35(4)(a) and the projected court-related
  464  revenues are less than the proposed budget, the a revenue
  465  deficit is projected, a clerk seeking to retain revenues
  466  pursuant to this subsection shall increase all fees, service
  467  charges, and any other court-related clerk fees and charges to
  468  the maximum amounts specified by law or the amount necessary to
  469  resolve the deficit, whichever is less.
  470         (3)Each clerk shall include in his or her budget request
  471  the number of personnel and the proposed budget for each of the
  472  following core services:
  473         (a)Case processing;
  474         (b)Financial processing;
  475         (c)Jury management; and
  476         (d)Information and reporting.
  477  
  478  Central administrative costs shall be allocated among the core
  479  services categories.
  480         (4)The budget request must identify the service units to
  481  be provided within each core service. The service units shall be
  482  developed by the corporation, in consultation with the Supreme
  483  Court, the Chief Financial Officer, and the appropriation
  484  committees of the Senate and the House of Representatives.
  485         (5)The budget request must propose a unit cost for each
  486  service unit. The corporation shall provide a copy of each
  487  clerk’s budget request to the Supreme Court.
  488         (6)The corporation shall review each individual clerk’s
  489  prior-year expenditures, projected revenue, proposed unit costs,
  490  and the proposed budget for each of the core-services
  491  categories. The corporation shall compare each clerk’s prior
  492  year expenditures and unit costs for core services with a peer
  493  group of clerks’ offices having a population of a similar size
  494  and a similar number of case filings. If the corporation finds
  495  that the expenditures, unit costs, or proposed budget of a clerk
  496  are significantly higher than those of clerks in that clerk’s
  497  peer group, the corporation shall require the clerk to submit
  498  documentation justifying the difference in each core-services
  499  category. Justification for higher expenditures may include, but
  500  need not be limited to, collective bargaining agreements, county
  501  civil service agreements, and the number and distribution of
  502  court houses served by the clerk. If the expenditures and unit
  503  costs are not justified, the corporation shall recommend a
  504  reduction in the funding for that core-services category in the
  505  budget request to an amount similar to the peer group of clerks
  506  or to an amount that the corporation determines is justified.
  507         (7)The corporation shall complete its review and
  508  adjustments to the clerks’ budget requests and make its
  509  recommendations to the Legislature and the Supreme Court by
  510  December 1 each year.
  511         (8)The Chief Financial Officer shall review the proposed
  512  unit costs associated with each clerk of court’s budget request
  513  and make recommendations to the Legislature. The Chief Financial
  514  Officer may conduct any audit of the corporation or a clerk of
  515  court as authorized by law. The Chief Justice of the Supreme
  516  Court may request an audit of the corporation or any clerk of
  517  court by the Chief Financial Officer.
  518         (9)The Legislature shall appropriate the total amount for
  519  the budgets of the clerks in the General Appropriations Act. The
  520  Legislature may reject or modify any or all of the unit costs
  521  recommended by the corporation. If the Legislature does not
  522  specify the unit costs in the General Appropriations Act or
  523  other law, the unit costs recommended by the corporation will be
  524  the official unit costs for that budget period.
  525         (10)The corporation shall release appropriations to each
  526  clerk quarterly. The amount of the release shall be based on the
  527  prior quarter’s performance of service units identified in the
  528  four core services and the established unit costs for each
  529  clerk. If, after increasing fees, service charges, and any other
  530  court-related clerk fees and charges to the maximum amounts
  531  specified by law, a revenue deficit is still projected, the
  532  corporation shall, pursuant to the terms of the contract with
  533  the Chief Financial Officer, certify a revenue deficit and
  534  notify the Department of Revenue that the clerk is authorized to
  535  retain revenues, in an amount necessary to fully fund the
  536  projected revenue deficit, which he or she would otherwise be
  537  required to remit to the Department of Revenue for deposit into
  538  the Department of Revenue Clerks of the Court Trust Fund
  539  pursuant to s. 28.37. If a revenue deficit is projected for that
  540  clerk after retaining all of the projected collections from the
  541  court-related fines, fees, service charges, and costs, the
  542  Department of Revenue shall certify the amount of the revenue
  543  deficit amount to the Executive Office of the Governor and
  544  request release authority for funds appropriated for this
  545  purpose from the Department of Revenue Clerks of the Court Trust
  546  Fund. Notwithstanding provisions of s. 216.192 related to the
  547  release of funds, the Executive Office of the Governor may
  548  approve the release of funds appropriated to resolve projected
  549  revenue deficits in accordance with the notice, review, and
  550  objection procedures set forth in s. 216.177 and shall provide
  551  notice to the Chief Financial Officer. The Department of Revenue
  552  is directed to request monthly distributions from the Chief
  553  Financial Officer in equal amounts to each clerk certified to
  554  have a revenue deficit, in accordance with the releases approved
  555  by the Governor.
  556         (b)If the Chief Financial Officer finds the court-related
  557  budget proposed by a clerk includes functions not included in
  558  the standard list of court-related functions in s. 28.35(4)(a),
  559  the Chief Financial Officer shall notify the clerk of the amount
  560  of the proposed budget not eligible to be funded from fees,
  561  service charges, costs, and fines for court-related functions
  562  and shall identify appropriate corrective measures to ensure
  563  budget integrity. The clerk shall then immediately discontinue
  564  all ineligible expenditures of court-related funds for this
  565  purpose and reimburse the Clerks of the Court Trust Fund for any
  566  previously ineligible expenditures made for non-court-related
  567  functions, and shall implement any corrective actions identified
  568  by the Chief Financial Officer.
  569         (5)(a)For the county fiscal year October 1, 2004, through
  570  September 30, 2005, the maximum annual budget amount for the
  571  standard list of court-related functions of the clerks of court
  572  in s. 28.35(4)(a) that may be funded from fees, service charges,
  573  court costs, and fines retained by the clerks of the court shall
  574  not exceed:
  575         1.One hundred and three percent of the clerk’s estimated
  576  expenditures for the prior county fiscal year; or
  577         2.One hundred and five percent of the clerk’s estimated
  578  expenditures for the prior county fiscal year for those clerks
  579  in counties that for calendar years 1998-2002 experienced an
  580  average annual increase of at least 5 percent in both population
  581  and case filings for all case types as reported through the
  582  Summary Reporting System used by the state courts system.
  583         (b)For the county fiscal year 2005-2006, the maximum
  584  budget amount for the standard list of court-related functions
  585  of the clerks of court in s. 28.35(4)(a) that may be funded from
  586  fees, service charges, court costs, and fines retained by the
  587  clerks of the court shall be the approved budget for county
  588  fiscal year 2004-2005 adjusted by the projected percentage
  589  change in revenue between the county fiscal years 2004-2005 and
  590  2005-2006.
  591         (c)For the county fiscal years 2006-2007 and thereafter,
  592  the maximum budget amount for the standard list of court-related
  593  functions of the clerks of court in s. 28.35(4)(a) that may be
  594  funded from fees, service charges, court costs, and fines
  595  retained by the clerks of the court shall be established by
  596  first rebasing the prior fiscal year budget to reflect the
  597  actual percentage change in the prior fiscal year revenue and
  598  then adjusting the rebased prior fiscal year budget by the
  599  projected percentage change in revenue for the proposed budget
  600  year. The rebasing calculations and maximum annual budget
  601  calculations shall be as follows:
  602         1.For county fiscal year 2006-2007, the approved budget
  603  for county fiscal year 2004-2005 shall be adjusted for the
  604  actual percentage change in revenue between the two 12-month
  605  periods ending June 30, 2005, and June 30, 2006. This result is
  606  the rebased budget for the county fiscal year 2005-2006. Then
  607  the rebased budget for the county fiscal year 2005-2006 shall be
  608  adjusted by the projected percentage change in revenue between
  609  the county fiscal years 2005-2006 and 2006-2007. This result
  610  shall be the maximum annual budget amount for the standard list
  611  of court-related functions of the clerks of court in s.
  612  28.35(4)(a) that may be funded from fees, service charges, court
  613  costs, and fines retained by the clerks of the court for each
  614  clerk for the county fiscal year 2006-2007.
  615         2.For county fiscal year 2007-2008, the rebased budget for
  616  county fiscal year 2005-2006 shall be adjusted for the actual
  617  percentage change in revenue between the two 12-month periods
  618  ending June 30, 2006, and June 30, 2007. This result is the
  619  rebased budget for the county fiscal year 2006-2007. The rebased
  620  budget for county fiscal year 2006-2007 shall be adjusted by the
  621  projected percentage change in revenue between the county fiscal
  622  years 2006-2007 and 2007-2008. This result shall be the maximum
  623  annual budget amount for the standard list of court-related
  624  functions of the clerks of court in s. 28.35(4)(a) that may be
  625  funded from fees, service charges, court costs, and fines
  626  retained by the clerks of the court for county fiscal year 2007
  627  2008.
  628         3.For county fiscal years 2008-2009 and thereafter, the
  629  maximum budget amount for the standard list of court-related
  630  functions of the clerks of court in s. 28.35(4)(a) that may be
  631  funded from fees, service charges, court costs, and fines
  632  retained by the clerks of the court shall be calculated as the
  633  rebased budget for the prior county fiscal year adjusted by the
  634  projected percentage change in revenues between the prior county
  635  fiscal year and the county fiscal year for which the maximum
  636  budget amount is being authorized. The rebased budget for the
  637  prior county fiscal year shall always be calculated by adjusting
  638  the rebased budget for the year preceding the prior county
  639  fiscal year by the actual percentage change in revenues between
  640  the 12-month period ending June 30 of the year preceding the
  641  prior county fiscal year and the 12-month period ending June 30
  642  of the prior county fiscal year.
  643         (6)The Legislative Budget Commission may approve increases
  644  to the maximum annual budgets approved for individual clerks of
  645  the court pursuant to this section for court-related duties, if
  646  either of the following conditions exist:
  647         (a)The additional funding is necessary to pay the cost of
  648  performing new or additional functions required by changes in
  649  law or court rule. Before the Legislative Budget Commission may
  650  approve an increase in the maximum annual budget of any clerk
  651  under this paragraph, the Clerk of the Court Operations
  652  Corporation must provide the Legislative Budget Commission with
  653  a statement of the impact of the proposed budget changes on
  654  state revenues, and evidence that the respective clerk of the
  655  court is meeting or exceeding the established performance
  656  standards for measures on the fiscal management, operational
  657  efficiency, and effective collection of fines, fees, service
  658  charges, and court costs.
  659         (b)The additional funding is necessary to pay the cost of
  660  supporting increases in the number of judges or magistrates
  661  authorized by the Legislature. Before the Legislative Budget
  662  Commission may approve an increase in the maximum annual budget
  663  of any clerk under this paragraph, the Clerk of the Court
  664  Operations Corporation must provide the Legislative Budget
  665  Commission with a statement of the impact of the proposed budget
  666  changes on state revenues; evidence that the respective clerk of
  667  the court is meeting or exceeding the established performance
  668  standards for measures on the fiscal management, operational
  669  efficiency, and effective collection of fines, fees, service
  670  charges, and court costs; and a proposed staffing model,
  671  including the cost and number of staff necessary to support each
  672  new judge or magistrate.
  673  
  674  The total amount of increases approved by the Legislative Budget
  675  Commission for each county fiscal year shall not exceed an
  676  amount equal to 2 percent of the maximum annual budgets approved
  677  pursuant to this section for all clerks, in the aggregate, for
  678  that same county fiscal year.
  679         (11)(7) The corporation may submit proposed legislation to
  680  the Governor, the President of the Senate, and the Speaker of
  681  the House of Representatives relating to the preparation of
  682  budget requests of the clerks of court no later than November 1
  683  in any year for approval of clerk budget request amounts
  684  exceeding the restrictions in this section for the following
  685  October 1. If proposed legislation is recommended, the
  686  corporation shall also submit supporting justification with
  687  sufficient detail to identify the specific proposed expenditures
  688  that would cause the limitations to be exceeded for each
  689  affected clerk and the estimated fiscal impact on state
  690  revenues.
  691         Section 6. Section 28.37, Florida Statutes, is amended to
  692  read:
  693         28.37 Fines, fees, service charges, and costs remitted to
  694  the state.—
  695         (1) Pursuant to s. 14(b), Art. V of the State Constitution,
  696  selected salaries, costs, and expenses of the state courts
  697  system and court-related functions shall be funded from a
  698  portion of the revenues derived from statutory fines, fees,
  699  service charges, and costs collected by the clerks of the court.
  700         (2)Except as otherwise provided in ss. 28.241 and 34.041,
  701  all court-related fines, fees, service charges, and costs are
  702  considered state funds and shall be remitted by the clerk to the
  703  Department of Revenue for deposit into the Clerks of the Court
  704  Trust Fund. However, 10 percent of all court-related fines
  705  collected by the clerk shall be deposited into the clerk’s
  706  Public Records Modernization Trust Fund to be used exclusively
  707  for additional clerk court-related operational needs and program
  708  enhancements.
  709         (2)Beginning August 1, 2004, except as otherwise provided
  710  in ss. 28.241 and 34.041, one-third of all fines, fees, service
  711  charges, and costs collected by the clerks of the court during
  712  the prior month for the performance of court-related functions
  713  shall be remitted to the Department of Revenue for deposit in
  714  the Department of Revenue Clerks of the Court Trust Fund. These
  715  collections do not include funding received for the operation of
  716  the Title IV-D child support collections and disbursement
  717  program. The clerk of the court shall remit the revenues
  718  collected during the prior month due to the state on or before
  719  the 20th day of each month. The Department of Revenue shall make
  720  a monthly transfer of the funds in the Department of Revenue
  721  Clerks of the Court Trust Fund that are not needed to resolve
  722  clerk of the court revenue deficits, as specified in s. 28.36,
  723  to the General Revenue Fund.
  724         (3)For the period of October 1, 2003, to June 30, 2004,
  725  those clerks operating as fee officers for court-related
  726  services shall determine the amount of fees collected and
  727  expenses generated for court-related services. Any excess fees
  728  generated during this period shall be remitted to the county on
  729  December 31, 2004. However, any billings for payment of due
  730  process services rendered before July 1, 2004, may be paid by
  731  the clerk from these funds. Due process services shall include,
  732  but not be limited to, court reporter services, court
  733  interpreter services, expert witness services, mental health
  734  evaluations, and court-appointed counsel services. In addition,
  735  any deficit experienced by the clerk for court-related services
  736  during the period from October 1, 2003, to June 30, 2004, shall
  737  be funded by the county.
  738         (4)Beginning January 1, 2005, for the period July 1, 2004,
  739  through September 30, 2004, and each January 1 thereafter for
  740  the preceding county fiscal year of October 1 through September
  741  30, the clerk of the court must remit to the Department of
  742  Revenue for deposit in the General Revenue Fund the cumulative
  743  excess of all fees, service charges, court costs, and fines
  744  retained by the clerks of the court, plus any funds received by
  745  the clerks of the court from the Department of Revenue Clerk of
  746  the Court Trust Fund under s. 28.36(4)(a), over the amount
  747  needed to meet the approved budget amounts established under s.
  748  28.36.
  749         (3)(5) The Department of Revenue shall collect any funds
  750  that the corporation determines upon investigation were due on
  751  January 1 but not remitted to the department.
  752         Section 7. Paragraph (b) of subsection (1) of section
  753  34.041, Florida Statutes, is amended to read:
  754         34.041 Filing fees.—
  755         (1)
  756         (b) The first $80 of the filing fee collected under
  757  subparagraph (a)4. shall be remitted to the Department of
  758  Revenue for deposit into the General Revenue Fund. The next $15
  759  of the filing fee collected under subparagraph (a)4., and the
  760  first $15 of each filing fee collected under subparagraph (a)6.,
  761  shall be deposited in the state courts’ Mediation and
  762  Arbitration Trust Fund. One-third of any filing fees collected
  763  by the clerk under this section in excess of the first $95
  764  collected under subparagraph (a)4. shall be remitted to the
  765  Department of Revenue for deposit into the Department of Revenue
  766  Clerks of the Court Trust Fund. An additional filing fee of $4
  767  shall be paid to the clerk. The clerk shall transfer $3.50 to
  768  the Department of Revenue for deposit into the Court Education
  769  Trust Fund and shall transfer 50 cents to the Department of
  770  Revenue for deposit into the Clerks of the Court Department of
  771  Financial Services’ Administrative Trust Fund to fund clerk
  772  education. Postal charges incurred by the clerk of the county
  773  court in making service by mail on defendants or other parties
  774  shall be paid by the party at whose instance service is made.
  775  Except as provided herein, filing fees and service charges for
  776  performing duties of the clerk relating to the county court
  777  shall be as provided in ss. 28.24 and 28.241. Except as
  778  otherwise provided herein, all filing fees shall be remitted to
  779  the Department of Revenue for deposit into the Clerks of the
  780  Court Trust Fund retained as fee income of the office of the
  781  clerk of circuit court. Filing fees imposed by this section may
  782  not be added to any penalty imposed by chapter 316 or chapter
  783  318.
  784         Section 8. Subsection (5) of section 43.16, Florida
  785  Statutes, is amended to read
  786         43.16 Justice Administrative Commission; membership, powers
  787  and duties.—
  788         (5) The duties of the commission shall include, but not be
  789  limited to, the following:
  790         (a) The maintenance of a central state office for
  791  administrative services and assistance when possible to and on
  792  behalf of the state attorneys and public defenders of Florida,
  793  the capital collateral regional counsel of Florida, the criminal
  794  conflict and civil regional counsel, and the Guardian Ad Litem
  795  Program, and the Florida Clerks of Court Operations Corporation.
  796         (b) Each state attorney, public defender, and criminal
  797  conflict and civil regional counsel, and the Guardian Ad Litem
  798  Program, and the Florida Clerks of Court Operations Corporation
  799  shall continue to prepare necessary budgets, vouchers that
  800  represent valid claims for reimbursement by the state for
  801  authorized expenses, and other things incidental to the proper
  802  administrative operation of the office, such as revenue
  803  transmittals to the Chief Financial Officer and automated
  804  systems plans, but will forward same to the commission for
  805  recording and submission to the proper state officer. However,
  806  when requested by a state attorney, a public defender, a
  807  criminal conflict and civil regional counsel, or the Guardian Ad
  808  Litem Program, the commission will either assist in the
  809  preparation of budget requests, voucher schedules, and other
  810  forms and reports or accomplish the entire project involved.
  811         Section 9. Section 43.27, Florida Statutes, is amended to
  812  read
  813         43.27 Office hours of clerks of court.—With the advice and
  814  consent of the chief judge of the circuit, the clerks of the
  815  courts of the several counties may establish the hours during
  816  which the office of clerk may be open to the public. The hours
  817  should conform as nearly as possible to the customary weekday
  818  hours of business prevailing in the county. The clerk may
  819  prescribe that the office be open such additional hours as
  820  public needs require. The clerk of court may not close any
  821  office of the clerk of court during customary weekday hours
  822  without the consent of the chief judge of the circuit.
  823         Section 10. Subsection (3) of section 45.035, Florida
  824  Statutes, as amended by section 3 of chapter 2009-21, Laws of
  825  Florida, is amended to read:
  826         45.035 Clerk’s fees.—In addition to other fees or service
  827  charges authorized by law, the clerk shall receive service
  828  charges related to the judicial sales procedure set forth in ss.
  829  45.031-45.034 and this section:
  830         (3) If the sale is conducted by electronic means, as
  831  provided in s. 45.031(10), the clerk shall receive an additional
  832  a service charge not to exceed of $70 as provided in subsection
  833  (1) for services in conducting or contracting for the electronic
  834  sale, which service charge shall be assessed as costs and paid
  835  by the winning bidder shall be advanced by the plaintiff before
  836  the sale. If the clerk requires advance electronic deposits to
  837  secure the right to bid, such deposits shall not be subject to
  838  the fee under s. 28.24(10). The portion of an advance deposit
  839  from a winning bidder required by s. 45.031(3) shall, upon
  840  acceptance of the winning bid, be subject to the fee under s.
  841  28.24(10).
  842         Section 11. Section 142.01, Florida Statutes, is amended to
  843  read:
  844         142.01 Fine and forfeiture fund; disposition of revenue;
  845  clerk of the circuit court.—
  846         (1) There shall be established by the clerk of the circuit
  847  court in each county of this state a separate fund to be known
  848  as the fine and forfeiture fund for use by the clerk of the
  849  circuit court in performing court-related functions. The fund
  850  shall consist of the following:
  851         (a)(1) Fines and penalties pursuant to ss. 28.2402(2),
  852  34.045(2), 316.193, 327.35, 327.72, 379.2203(1), and 775.083(1).
  853         (b)(2) That portion of civil penalties directed to this
  854  fund pursuant to s. 318.21.
  855         (c)(3) Court costs pursuant to ss. 28.2402(1)(b),
  856  34.045(1)(b), 318.14(10)(b), 318.18(11)(a), 327.73(9)(a) and
  857  (11)(a), and 938.05(3).
  858         (d)(4) Proceeds from forfeited bail bonds, unclaimed bonds,
  859  unclaimed moneys, or recognizances pursuant to ss. 321.05(4)(a),
  860  379.2203(1), and 903.26(3)(a).
  861         (e)(5) Fines and forfeitures pursuant to s. 34.191.
  862         (f)(6) All other revenues received by the clerk as revenue
  863  authorized by law to be retained by the clerk.
  864         (2) All revenues received by the clerk in the fine and
  865  forfeiture fund from court-related fees, fines, costs, and
  866  service charges are considered state funds and shall be remitted
  867  monthly to the Department of Revenue for deposit into the Clerks
  868  of the Court Trust Fund within the Justice Administrative
  869  Commission.
  870         (3) Notwithstanding the provisions of this section, all
  871  fines and forfeitures arising from operation of the provisions
  872  of s. 318.1215 shall be disbursed in accordance with that
  873  section.
  874         Section 12. Paragraph (qq) of subsection (1) of section
  875  216.011, Florida Statutes, is amended to read:
  876         216.011 Definitions.—
  877         (1) For the purpose of fiscal affairs of the state,
  878  appropriations acts, legislative budgets, and approved budgets,
  879  each of the following terms has the meaning indicated:
  880         (qq) “State agency” or “agency” means any official,
  881  officer, commission, board, authority, council, committee, or
  882  department of the executive branch of state government. For
  883  purposes of this chapter and chapter 215, “state agency” or
  884  “agency” includes, but is not limited to, state attorneys,
  885  public defenders, criminal conflict and civil regional counsel,
  886  capital collateral regional counsel, the Florida Clerks of Court
  887  Operations Corporation, the Justice Administrative Commission,
  888  the Florida Housing Finance Corporation, and the Florida Public
  889  Service Commission. Solely for the purposes of implementing s.
  890  19(h), Art. III of the State Constitution, the terms “state
  891  agency” or “agency” include the judicial branch.
  892         Section 13. Subsection (4) of section 197.542, Florida
  893  Statutes, is amended to read:
  894         197.542 Sale at public auction.—
  895         (4)(a) A clerk may conduct electronic tax deed sales in
  896  lieu of public outcry. The clerk must comply with the procedures
  897  provided in this chapter, except that electronic proxy bidding
  898  shall be allowed and the clerk may require bidders to advance
  899  sufficient funds to pay the deposit required by subsection (2).
  900  The clerk shall provide access to the electronic sale by
  901  computer terminals open to the public at a designated location.
  902  A clerk who conducts such electronic sales may receive
  903  electronic deposits and payments related to the sale. The
  904  portion of an advance deposit from a winning bidder required by
  905  subsection (2) shall, upon acceptance of the winning bid, be
  906  subject to the fee under s. 28.24(10).
  907         (b) Nothing in this subsection shall be construed to
  908  restrict or limit the authority of a charter county from
  909  conducting electronic tax deed sales. In a charter county where
  910  the clerk of the circuit court does not conduct all electronic
  911  sales, the charter county shall be permitted to receive
  912  electronic deposits and payments related to sales it conducts,
  913  as well as to subject the winning bidder to a fee, consistent
  914  with the schedule in s. 28.24(10).
  915         (c) The costs of electronic tax deed sales shall be added
  916  to the charges for the costs of sale under subsection (1) and
  917  paid by the certificate holder when filing an application for a
  918  tax deed.
  919         Section 14. Subsection (13) of section 318.18, Florida
  920  Statutes, is amended to read:
  921         318.18 Amount of penalties.—The penalties required for a
  922  noncriminal disposition pursuant to s. 318.14 or a criminal
  923  offense listed in s. 318.17 are as follows:
  924         (13)(a) In addition to any penalties imposed for
  925  noncriminal traffic infractions pursuant to this chapter or
  926  imposed for criminal violations listed in s. 318.17, a board of
  927  county commissioners or any unit of local government that which
  928  is consolidated as provided by s. 9, Art. VIII of the State
  929  Constitution of 1885, as preserved by s. 6(e), Art. VIII of the
  930  Constitution of 1968:
  931         1.(a) May impose by ordinance a surcharge of up to $30 $15
  932  for any infraction or violation to fund state court facilities.
  933  The court shall not waive this surcharge. Up to 25 percent of
  934  the revenue from such surcharge may be used to support local law
  935  libraries provided that the county or unit of local government
  936  provides a level of service equal to that provided prior to July
  937  1, 2004, which shall include the continuation of library
  938  facilities located in or near the county courthouse or any annex
  939  to the courthouse annexes.
  940         2.(b)May, if such board or unit That imposed increased
  941  fees or service charges by ordinance under s. 28.2401, s.
  942  28.241, or s. 34.041 for the purpose of securing payment of the
  943  principal and interest on bonds issued by the county before July
  944  1, 2003, to finance state court facilities, may impose by
  945  ordinance a surcharge for any infraction or violation for the
  946  exclusive purpose of securing payment of the principal and
  947  interest on bonds issued by the county before July 1, 2003, to
  948  fund state court facilities until the date of stated maturity.
  949  The court shall not waive this surcharge. Such surcharge may not
  950  exceed an amount per violation calculated as the quotient of the
  951  maximum annual payment of the principal and interest on the
  952  bonds as of July 1, 2003, divided by the number of traffic
  953  citations for county fiscal year 2002-2003 certified as paid by
  954  the clerk of the court of the county. Such quotient shall be
  955  rounded up to the next highest dollar amount. The bonds may be
  956  refunded only if savings will be realized on payments of debt
  957  service and the refunding bonds are scheduled to mature on the
  958  same date or before the bonds being refunded. Notwithstanding
  959  any of the foregoing provisions of this subparagraph paragraph
  960  that limit the use of surcharge revenues, if the revenues
  961  generated as a result of the adoption of this ordinance exceed
  962  the debt service on the bonds, the surplus revenues may be used
  963  to pay down the debt service on the bonds; fund other state
  964  court-facility construction projects as may be certified by the
  965  chief judge as necessary to address unexpected growth in
  966  caseloads, emergency requirements to accommodate public access,
  967  threats to the safety of the public, judges, staff, and
  968  litigants, or other exigent circumstances; or support local law
  969  libraries in or near the county courthouse or any annex to the
  970  courthouse annexes.
  971         3. May impose by ordinance a surcharge for any infraction
  972  or violation for the exclusive purpose of securing payment of
  973  the principal and interest on bonds issued by the county on or
  974  after July 1, 2009, to fund state court facilities until the
  975  stated date of maturity. The court may not waive this surcharge.
  976  The surcharge may not exceed an amount per violation calculated
  977  as the quotient of the maximum annual payment of the principal
  978  and interest on the bonds, divided by the number of traffic
  979  citations certified as paid by the clerk of the court of the
  980  county on August 15 of each year. The quotient shall be rounded
  981  up to the next highest dollar amount. The bonds may be refunded
  982  if savings are realized on payments of debt service and the
  983  refunding bonds are scheduled to mature on or before the
  984  maturity date of the bonds being refunded. If the revenues
  985  generated as a result of the adoption of the ordinance exceed
  986  the debt service on the bonds, the surplus revenues may be used
  987  to pay the debt service on the bonds; to fund other state court
  988  facility construction projects certified by the chief judge as
  989  necessary to address unexpected growth in caseloads, emergency
  990  requirements to accommodate public access, threats to the safety
  991  of the public, judges, staff, and litigants, or other exigent
  992  circumstances; or to support local law libraries in or near the
  993  county courthouse or any annex to the courthouse.
  994         (b) A county may not impose both of the surcharges
  995  authorized under subparagraphs (a)1., 2., and 3. paragraphs (a)
  996  and (b) concurrently. The clerk of court shall report, no later
  997  than 30 days after the end of the quarter, the amount of funds
  998  collected under this subsection during each quarter of the
  999  fiscal year. The clerk shall submit the report, in a format
 1000  developed by the Office of State Courts Administrator, to the
 1001  chief judge of the circuit, the Governor, the President of the
 1002  Senate, and the Speaker of the House of Representatives, and the
 1003  board of county commissioners.
 1004         Section 15. Each clerk of court shall provide financial
 1005  data concerning his or her expenditures for court-related
 1006  duties, including expenditures for court-related information
 1007  technology, to the Executive Office of the Governor for the
 1008  purposes contained in SB 1796 or similar legislation.
 1009         Section 16. The Clerks of the Court Trust Fund within the
 1010  Department of Revenue, FLAIR number 73-2-588, is transferred
 1011  along with all balances and obligations to the Justice
 1012  Administrative Commission.
 1013         Section 17. The Legislature finds and declares that this
 1014  act fulfills an important state interest.
 1015         Section 18. This act shall take effect July 1, 2009.