Florida Senate - 2009 COMMITTEE AMENDMENT
Bill No. SB 248
Barcode 611356
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/11/2009 .
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
The Committee on Judiciary (Ring) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5
6 Section 1. Subsections (1) and (2) of section 27.52,
7 Florida Statutes, are amended to read:
8 27.52 Determination of indigent status.—
9 (1) APPLICATION TO THE CLERK.—A person seeking appointment
10 of a public defender under s. 27.51 based upon an inability to
11 pay must apply to the clerk of the court for a determination of
12 indigent status using an application form developed by the
13 Florida Clerks of Court Operations Corporation with final
14 approval by the Supreme Court.
15 (a)1. The application must include, at a minimum, the
16 following financial information:
17 a.1. Net income, consisting of total salary and wages,
18 minus deductions required by law, including court-ordered
19 support payments.
20 b.2. Other income, including, but not limited to, social
21 security benefits, union funds, veterans’ benefits, workers’
22 compensation, other regular support from absent family members,
23 public or private employee pensions, unemployment compensation,
24 dividends, interest, rent, trusts, and gifts.
25 c.3. Assets, including, but not limited to, cash, savings
26 accounts, bank accounts, stocks, bonds, certificates of deposit,
27 equity in real estate, and equity in a boat or a motor vehicle
28 or in other tangible property.
29 d.4. All liabilities and debts.
30 e.5. If applicable, the amount of any bail paid for the
31 applicant’s release from incarceration and the source of the
32 funds.
33 2. The application must include the signature of the
34 applicant authorizing the clerk to conduct an indigency
35 background review and other information necessary for the clerk
36 to conduct the review.
37 3. The application must include a signature by the
38 applicant which attests to the truthfulness of the information
39 provided. The application form developed by the corporation must
40 include notice that the applicant may seek court review of a
41 clerk’s determination that the applicant is not indigent, as
42 provided in this section.
43 (b) An applicant shall pay a $10 $50 application fee when
44 an to the clerk for each application for court-appointed counsel
45 is filed. The applicant shall pay a $50 the indigent intake fee
46 to the clerk within 7 days after submitting the application. If
47 the applicant fails to does not pay the intake fee before prior
48 to the disposition of the case, the clerk shall notify the
49 court, and the court shall:
50 1. Assess the application fee as part of the sentence or as
51 a condition of probation; or
52 2. Assess the application fee pursuant to s. 938.29.
53 (c) Notwithstanding any provision of law, court rule, or
54 administrative order, the clerk shall assign the first $50 of
55 any fees or costs paid by an indigent person as payment of the
56 application fee. A person found to be indigent may not be
57 refused counsel or other required due process services for
58 failure to pay the fee.
59 (d) All application fees collected by the clerk from
60 indigent persons pursuant to under this section shall be
61 transferred monthly by the clerk to the Department of Revenue
62 for deposit in the Indigent Criminal Defense Trust Fund
63 administered by the Justice Administrative Commission, to be
64 used to as appropriated by the Legislature. The clerk may retain
65 2 percent of application fees collected monthly for
66 administrative costs prior to remitting the remainder to the
67 Department of Revenue.
68 (e)1. The clerk shall assist a person who appears before
69 the clerk and requests assistance in completing the application,
70 and the clerk shall notify the court if a person is unable to
71 complete the application after the clerk has provided
72 assistance.
73 2. If the person seeking appointment of a public defender
74 is incarcerated, the public defender is responsible for
75 providing the application to the person and assisting him or her
76 in its completion and is responsible for submitting the
77 application to the clerk on the person’s behalf. The public
78 defender may enter into an agreement for jail employees,
79 pretrial services employees, or employees of other criminal
80 justice agencies to assist the public defender in performing
81 functions assigned to the public defender under this
82 subparagraph.
83 (2) DETERMINATION BY THE CLERK.—The clerk of the court
84 shall determine whether an applicant seeking appointment of a
85 public defender is indigent based upon the information provided
86 in the application, the results of an indigency background
87 review from the Comprehensive Case Information System, and the
88 criteria prescribed in this subsection.
89 (a)1. An applicant, including an applicant who is a minor
90 or an adult tax-dependent person, is indigent if the applicant’s
91 income is equal to or below 200 percent of the then-current
92 federal poverty guidelines prescribed for the size of the
93 household of the applicant by the United States Department of
94 Health and Human Services or if the person is receiving
95 Temporary Assistance for Needy Families-Cash Assistance,
96 poverty-related veterans’ benefits, or Supplemental Security
97 Income (SSI).
98 2. There is a presumption that the applicant is not
99 indigent if the applicant owns, or has equity in, any intangible
100 or tangible personal property or real property or the expectancy
101 of an interest in any such property having a net equity value of
102 $2,500 or more, excluding the value of the person’s homestead
103 and one vehicle having a net value not exceeding $5,000.
104 (b) Based upon its review, the clerk shall make one of the
105 following determinations:
106 1. The applicant is not indigent.
107 2. The applicant is indigent.
108 (c)1. If the clerk determines that the applicant is
109 indigent, the clerk shall submit the determination to the office
110 of the public defender and immediately file the determination in
111 the case file.
112 2. If the public defender is unable to provide
113 representation due to a conflict pursuant to s. 27.5303, the
114 public defender shall move the court for withdrawal from
115 representation and appointment of the office of criminal
116 conflict and civil regional counsel.
117 (d) The duty of the clerk in determining whether an
118 applicant is indigent shall be limited to receiving the
119 application and comparing the information provided in the
120 application and the results of the indigency background review
121 to the criteria prescribed in this subsection. The determination
122 of indigent status is a ministerial act of the clerk and not a
123 decision based on further investigation or the exercise of
124 independent judgment by the clerk. The clerk may contract with
125 third parties to perform functions assigned to the clerk under
126 this section.
127 (e) The applicant may seek review of the clerk’s
128 determination that the applicant is not indigent in the court
129 having jurisdiction over the matter at the next scheduled
130 hearing. If the applicant seeks review of the clerk’s
131 determination of indigent status, the court shall make a final
132 determination as provided in subsection (4).
133 Section 2. Subsection (1) of section 28.241, Florida
134 Statutes, is amended to read:
135 28.241 Filing fees for trial and appellate proceedings.—
136 (1)(a) The party instituting any civil action, suit, or
137 proceeding in the circuit court shall pay to the clerk of that
138 court a filing fee of up to $295 in all cases in which there are
139 not more than five defendants and an additional filing fee of up
140 to $2.50 for each defendant in excess of five. Of the first $85
141 in filing fees, $80 must be remitted by the clerk to the
142 Department of Revenue for deposit into the General Revenue Fund,
143 and $5 must be remitted to the Department of Revenue for deposit
144 into the Department of Financial Services’ Administrative Trust
145 Fund to fund the contract with the Florida Clerks of Court
146 Operations Corporation created in s. 28.35. The next $15 of the
147 filing fee collected shall be deposited in the state courts’
148 Mediation and Arbitration Trust Fund. One-third of any filing
149 fees collected by the clerk of the circuit court in excess of
150 $100 shall be remitted to the Department of Revenue for deposit
151 into the Department of Revenue Clerks of the Court Trust Fund.
152 An additional filing fee of $4 shall be paid to the clerk. The
153 clerk shall remit $3.50 to the Department of Revenue for deposit
154 into the Court Education Trust Fund and shall remit 50 cents to
155 the Department of Revenue for deposit into the Department of
156 Financial Services Administrative Trust Fund to fund clerk
157 education. An additional filing fee of up to $18 shall be paid
158 by the party seeking each severance that is granted. The clerk
159 may impose an additional filing fee of up to $85 for all
160 proceedings of garnishment, attachment, replevin, and distress.
161 Postal charges incurred by the clerk of the circuit court in
162 making service by certified or registered mail on defendants or
163 other parties shall be paid by the party at whose instance
164 service is made. No additional fees, charges, or costs shall be
165 added to the filing fees imposed under this section, except as
166 authorized herein or by general law.
167 (b) A party reopening any civil action, suit, or proceeding
168 in the circuit court shall pay to the clerk of court a filing
169 fee set by the clerk in an amount not to exceed $50. For
170 purposes of this section, a case is reopened after all appeals
171 or time to file an appeal from a final order or final judgment
172 have been exhausted when a case previously reported as disposed
173 of is resubmitted to a court and includes petitions for
174 modification of a final judgment of dissolution. A clerk may not
175 assess a fee to reopen a civil case for any motion filed by any
176 party until 90 days after a final order or final judgment has
177 been filed with the clerk. Once the case has been reopened, an
178 additional reopen fee may not be assessed until the reopening
179 pleading, motion, or other paper requiring action is resolved,
180 either by the court or by the clerk pursuant to the rules of
181 court. The reservation of jurisdiction by a court in a case does
182 not exempt the case from the reopen fee. A party is exempt from
183 paying the fee for any of the following:
184 1. A writ of garnishment;
185 2. A writ of replevin;
186 3. A distress writ;
187 4. A writ of attachment;
188 5. A motion for rehearing filed within 10 days;
189 6. A motion for attorney’s fees filed within 30 days after
190 entry of a judgment or final order;
191 7. A motion for dismissal filed after a mediation agreement
192 has been filed;
193 8. A disposition of personal property without
194 administration;
195 9. Any probate case prior to the discharge of a personal
196 representative;
197 10. Any guardianship pleading prior to discharge;
198 11. Any mental health pleading;
199 12. Motions to withdraw by attorneys;
200 13. Motions exclusively for the enforcement of child
201 support orders;
202 14. A petition for credit of child support;
203 15. A Notice of Intent to Relocate and any order issuing as
204 a result of an uncontested relocation;
205 16. Stipulations and motions to enforce stipulations;
206 17. Responsive pleadings; or
207 18. Cases in which there is no initial filing fee; or.
208 19. Motions for contempt.
209 (c) A Any party in addition to the parties other than a
210 party described in paragraph (a) who files a pleading in an
211 original civil action in circuit court for affirmative relief by
212 cross-claim, counterclaim, counterpetition, or third-party
213 complaint shall pay the clerk of court a fee of $295. The clerk
214 shall remit the fee to the Department of Revenue for deposit
215 into the General Revenue Fund.
216 (d) The clerk of court shall collect a service charge of
217 $10 for issuing a summons. The clerk shall assess the fee
218 against the party seeking to have the summons issued.
219 Section 3. Subsection (6) of section 28.246, Florida
220 Statutes, is amended to read:
221 28.246 Payment of court-related fees, charges, and costs;
222 partial payments; distribution of funds.—
223 (6) A clerk of court may pursue the collection of any fees,
224 service charges, fines, court costs, and liens for the payment
225 of attorney’s fees and costs pursuant to s. 938.29 which remain
226 unpaid for 60 90 days or more, or refer the account to a private
227 attorney who is a member in good standing of The Florida Bar or
228 collection agent who is registered and in good standing pursuant
229 to chapter 559. In pursuing the collection of such unpaid
230 financial obligations through a private attorney or collection
231 agent, the clerk of the court must have attempted to collect the
232 unpaid amount through a collection court, collections docket, or
233 other collections process, if any, established by the court,
234 find this to be cost-effective and follow any applicable
235 procurement practices. The collection fee, including any
236 reasonable attorney’s fee, paid to any attorney or collection
237 agent retained by the clerk may be added to the balance owed in
238 an amount not to exceed 25 percent if 40 percent of the amount
239 owed is referred to the attorney or collection agency after
240 remaining unpaid for 60 days and is paid within 90 days. If the
241 financial obligations are not referred to the attorney or
242 collection agency until 90 days after it is due and are paid on
243 or after the 90th day, the collection fee, including any
244 reasonable attorney’s fee paid to any attorney or collection
245 agent retained by the clerk, may be added to the balance owed in
246 an amount not to exceed 40 percent of the amount owed at the
247 time the account is referred to the attorney or agent for
248 collection.
249 Section 4. Subsections (1) and (2) of section 34.041,
250 Florida Statutes, are amended to read:
251 34.041 Filing fees.—
252 (1)(a) Upon the institution of any civil action, suit, or
253 proceeding in county court, the party shall pay the following
254 filing fee, not to exceed:
255 1. For all claims less than $100 $50.
256 2. For all claims of $100 or more but not more than $500
257 $75.
258 3. For all claims of more than $500 but not more than
259 $2,500 $170.
260 4. For all claims of more than $2,500 $295.
261 5. In addition, for all proceedings of garnishment,
262 attachment, replevin, and distress $85.
263 6. For removal of tenant action $265.
264 (b) The first $80 of the filing fee collected under
265 subparagraph (a)4. shall be remitted to the Department of
266 Revenue for deposit into the General Revenue Fund. The next $15
267 of the filing fee collected under subparagraph (a)4., and the
268 first $15 of each filing fee collected under subparagraph (a)6.,
269 shall be deposited in the state courts’ Mediation and
270 Arbitration Trust Fund. One-third of any filing fees collected
271 by the clerk under this section in excess of the first $95
272 collected under subparagraph (a)4. shall be remitted to the
273 Department of Revenue for deposit into the Department of Revenue
274 Clerks of the Court Trust Fund. An additional filing fee of $4
275 shall be paid to the clerk. The clerk shall transfer $3.50 to
276 the Department of Revenue for deposit into the Court Education
277 Trust Fund and shall transfer 50 cents to the Department of
278 Revenue for deposit into the Department of Financial Services’
279 Administrative Trust Fund to fund clerk education. Postal
280 charges incurred by the clerk of the county court in making
281 service by mail on defendants or other parties shall be paid by
282 the party at whose instance service is made. Except as provided
283 herein, filing fees and service charges for performing duties of
284 the clerk relating to the county court shall be as provided in
285 ss. 28.24 and 28.241. Except as otherwise provided herein, all
286 filing fees shall be retained as fee income of the office of the
287 clerk of circuit court. Filing fees imposed by this section may
288 not be added to any penalty imposed by chapter 316 or chapter
289 318.
290 (c) A Any party in addition to the parties other than a
291 party described in paragraph (a) who files a pleading in an
292 original civil action in the county court for affirmative relief
293 by cross-claim, counterclaim, counterpetition, or third-party
294 complaint, or who files a notice of cross-appeal or notice of
295 joinder or motion to intervene as an appellant, cross-appellant,
296 or petitioner, shall pay the clerk of court a fee of $295 if the
297 relief sought by the party under this paragraph exceeds $2,500.
298 The clerk shall remit the $295 fee to the Department of Revenue
299 for deposit into the General Revenue Fund. This fee does shall
300 not apply if where the cross-claim, counterclaim,
301 counterpetition, or third-party complaint requires transfer of
302 the case from county to circuit court or small claims court to
303 county court. However, the party shall also pay to the clerk the
304 standard filing fee for the court to which the case is to be
305 transferred. The clerk shall remit the fee to the Department of
306 Revenue for deposit into the General Revenue Fund.
307 (d) The clerk of court shall collect a service charge of
308 $10 for issuing a summons. The clerk shall assess the fee
309 against the party seeking to have the summons issued.
310 (2) A party reopening any civil action, suit, or proceeding
311 in the county court shall pay to the clerk of court a filing fee
312 set by the clerk in an amount not to exceed $25 for all claims
313 of not more than $500 and an amount not to exceed $50 for all
314 claims of more than $500. For purposes of this section, a case
315 is reopened after all appeals or time to file an appeal from a
316 final order or final judgment have been exhausted when a case
317 previously reported as disposed of is resubmitted to a court. A
318 clerk may not assess a reopen fee for any motion filed by any
319 party until 90 days after a final order or final judgment has
320 been filed with the clerk. Once the case is reopened, an
321 additional reopen fee may not be assessed until the reopening
322 pleading, motion, or other paper requiring action is resolved,
323 by the court or the clerk pursuant to the rules of court. The
324 reservation of jurisdiction by a court in a case does not exempt
325 the case from the reopen fee. A party is exempt from paying the
326 fee for any of the following:
327 (a) A writ of garnishment;
328 (b) A writ of replevin;
329 (c) A distress writ;
330 (d) A writ of attachment;
331 (e) A motion for rehearing filed within 10 days;
332 (f) A motion for attorney’s fees filed within 30 days of
333 the entry of the judgment or final order;
334 (g) A motion for dismissal filed after a mediation
335 agreement has been filed;
336 (h) A motion to withdraw by attorneys;
337 (i) Stipulations and motions to enforce stipulations; or
338 (j) Responsive pleadings; or.
339 (k) Motions for contempt.
340 Section 5. Section 45.035, Florida Statutes, is amended to
341 read:
342 45.035 Clerk’s fees.—In addition to other fees or service
343 charges authorized by law, the clerk shall receive service
344 charges related to the judicial sales procedure set forth in ss.
345 45.031-45.034 and this section:
346 (1) The clerk shall receive a service charge of $70 for
347 services in making, recording, and certifying the sale and
348 title, which service charge shall be assessed as costs and shall
349 be advanced by the plaintiff before the sale.
350 (2) If there is a surplus resulting from the sale, the
351 clerk may receive the following service charges, which shall be
352 deducted from the surplus:
353 (a) The clerk may withhold the sum of $28 from the surplus
354 which may only be used for purposes of educating the public as
355 to the rights of homeowners regarding foreclosure proceedings.
356 (b) The clerk is entitled to a service charge of $15 for
357 notifying a surplus trustee of his or her appointment.
358 (c) The clerk is entitled to a service charge of $15 for
359 each disbursement of surplus proceeds.
360 (d) The clerk is entitled to a service charge of $15 for
361 appointing a surplus trustee, furnishing the surplus trustee
362 with a copy of the final judgment and the certificate of
363 disbursements, and disbursing to the surplus trustee the
364 trustee’s cost advance.
365 (3) If the sale is conducted by electronic means, as
366 provided in s. 45.031(10), the clerk shall receive an additional
367 a service charge not to exceed of $60 as provided in subsection
368 (1) for services in conducting or contracting for the electronic
369 sale, which service charge shall be assessed as costs and paid
370 by the winning bidder shall be advanced by the plaintiff before
371 the sale. If the clerk requires advance electronic deposits to
372 secure the right to bid, such deposits shall not be subject to
373 the fee under s. 28.24(10). The portion of an advance deposit
374 from a winning bidder required by s. 45.031(3) shall, upon
375 acceptance of the winning bid, be subject to the fee under s.
376 28.24(10).
377 Section 6. Subsections (1) and (6) of section 57.082,
378 Florida Statutes, are amended to read:
379 57.082 Determination of civil indigent status.—
380 (1) APPLICATION TO THE CLERK.—A person seeking appointment
381 of an attorney in a civil case eligible for court-appointed
382 counsel, or seeking relief from prepayment of fees and costs
383 under s. 57.081, based upon an inability to pay must apply to
384 the clerk of the court for a determination of civil indigent
385 status using an application form developed by the Florida Clerks
386 of Court Operations Corporation with final approval by the
387 Supreme Court.
388 (a)1. The application must include, at a minimum, the
389 following financial information:
390 a.1. Net income, consisting of total salary and wages,
391 minus deductions required by law, including court-ordered
392 support payments.
393 b.2. Other income, including, but not limited to, social
394 security benefits, union funds, veterans’ benefits, workers’
395 compensation, other regular support from absent family members,
396 public or private employee pensions, unemployment compensation,
397 dividends, interest, rent, trusts, and gifts.
398 c.3. Assets, including, but not limited to, cash, savings
399 accounts, bank accounts, stocks, bonds, certificates of deposit,
400 equity in real estate, and equity in a boat or a motor vehicle
401 or in other tangible property.
402 d.4. All liabilities and debts.
403 2. The application must include the signature of the
404 applicant authorizing the clerk to conduct an indigency
405 background review and other information necessary for the clerk
406 to conduct the review.
407 3. The application must include a signature by the
408 applicant which attests to the truthfulness of the information
409 provided. The application form developed by the corporation must
410 include notice that the applicant may seek court review of a
411 clerk’s determination that the applicant is not indigent, as
412 provided in this section.
413 (b) The clerk shall assist a person who appears before the
414 clerk and requests assistance in completing the application, and
415 the clerk shall notify the court if a person is unable to
416 complete the application after the clerk has provided
417 assistance.
418 (c) The clerk shall accept an application that is signed by
419 the applicant and submitted on his or her behalf by a private
420 attorney who is representing the applicant in the applicable
421 matter.
422 (d) A person who seeks appointment of an attorney in a case
423 under chapter 39, at the trial or appellate level, for which an
424 indigent person is eligible for court-appointed representation,
425 shall pay a $50 indigency intake application fee to the clerk
426 for each application filed. The applicant shall pay the fee
427 within 7 days after submitting the application. The clerk shall
428 transfer monthly all application fees collected under this
429 paragraph to the Department of Revenue for deposit into the
430 Indigent Civil Defense Trust Fund, to be used as appropriated by
431 the Legislature. The clerk may retain 10 percent of application
432 fees collected monthly for administrative costs prior to
433 remitting the remainder to the Department of Revenue. A person
434 found to be indigent may not be refused counsel. The clerk of
435 court shall determine whether a person seeking the appointment
436 of an attorney is indigent by using the Comprehensive Case
437 Information System to conduct the indigency background review.
438 If the person cannot pay the application fee, the clerk shall
439 enroll the person in a payment plan pursuant to s. 28.246.
440 (6) PROCESSING CHARGE; PAYMENT PLANS.—A person who the
441 clerk or the court determines is indigent for civil proceedings
442 under this section shall be enrolled in a payment plan under s.
443 28.246 and shall be charged a one-time administrative processing
444 charge under s. 28.24(26)(c). A monthly payment amount,
445 calculated based upon all fees and all anticipated costs, is
446 presumed to correspond to the person’s ability to pay if it does
447 not exceed 2 percent of the person’s annual net income, as
448 defined in subsection (1), divided by 12. The person may seek
449 review of the clerk’s decisions regarding a payment plan
450 established under s. 28.246 in the court having jurisdiction
451 over the matter. A case may not be impeded in any way, delayed
452 in filing, or delayed in its progress, including the final
453 hearing and order, due to nonpayment of any fees by an indigent
454 person. The clerk shall suspend the driver’s license of a person
455 who fails to pay all of the fees and costs assessed by the court
456 which are payable pursuant to a payment plan.
457 Section 7. Subsection (4) of section 197.542, Florida
458 Statutes, is amended to read:
459 197.542 Sale at public auction.—
460 (4)(a) A clerk may conduct electronic tax deed sales in
461 lieu of public outcry. The clerk must comply with the procedures
462 provided in this chapter, except that electronic proxy bidding
463 shall be allowed and the clerk may require bidders to advance
464 sufficient funds to pay the deposit required by subsection (2).
465 The clerk shall provide access to the electronic sale by
466 computer terminals open to the public at a designated location.
467 A clerk who conducts such electronic sales may receive
468 electronic deposits and payments related to the sale. The
469 portion of an advance deposit from a winning bidder required by
470 subsection (2) shall, upon acceptance of the winning bid, be
471 subject to the fee under s. 28.24(10).
472 (b) Nothing in this subsection shall be construed to
473 restrict or limit the authority of a charter county from
474 conducting electronic tax deed sales. In a charter county where
475 the clerk of the circuit court does not conduct all electronic
476 sales, the charter county shall be permitted to receive
477 electronic deposits and payments related to sales it conducts,
478 as well as to subject the winning bidder to a fee, consistent
479 with the schedule in s. 28.24(10).
480 (c) The costs of electronic tax deed sales shall be added
481 to the charges for the costs of sale under subsection (1) and
482 paid by the certificateholder when filing an application for a
483 tax deed.
484 Section 8. Subsection (13) of section 318.18, Florida
485 Statutes, is amended to read:
486 318.18 Amount of penalties.—The penalties required for a
487 noncriminal disposition pursuant to s. 318.14 or a criminal
488 offense listed in s. 318.17 are as follows:
489 (13) In addition to any penalties imposed for noncriminal
490 traffic infractions pursuant to this chapter or imposed for
491 criminal violations listed in s. 318.17, a board of county
492 commissioners or any unit of local government which is
493 consolidated as provided by s. 9, Art. VIII of the State
494 Constitution of 1885, as preserved by s. 6(e), Art. VIII of the
495 Constitution of 1968:
496 (a) May impose by ordinance a surcharge of up to $30 $15
497 for any infraction or violation to fund state court facilities.
498 The court shall not waive this surcharge. Up to 25 percent of
499 the revenue from such surcharge may be used to support local law
500 libraries provided that the county or unit of local government
501 provides a level of service equal to that provided prior to July
502 1, 2004, which shall include the continuation of library
503 facilities located in or near the county courthouse or annexes.
504 (b) May, if it That imposed increased fees or service
505 charges by ordinance under s. 28.2401, s. 28.241, or s. 34.041
506 for the purpose of securing payment of the principal and
507 interest on bonds issued by the county before July 1, 2003, to
508 finance state court facilities, may impose by ordinance a
509 surcharge for any infraction or violation for the exclusive
510 purpose of securing payment of the principal and interest on
511 bonds issued by the county before July 1, 2003, to fund state
512 court facilities until the date of stated maturity. The court
513 shall not waive this surcharge. Such surcharge may not exceed an
514 amount per violation calculated as the quotient of the maximum
515 annual payment of the principal and interest on the bonds as of
516 July 1, 2003, divided by the number of traffic citations for
517 county fiscal year 2002-2003 certified as paid by the clerk of
518 the court of the county. Such quotient shall be rounded up to
519 the next highest dollar amount. The bonds may be refunded only
520 if savings will be realized on payments of debt service and the
521 refunding bonds are scheduled to mature on the same date or
522 before the bonds being refunded. Notwithstanding any of the
523 foregoing provisions of this paragraph that limit the use of
524 surcharge revenues, if the revenues generated as a result of the
525 adoption of this ordinance exceed the debt service on the bonds,
526 the surplus revenues may be used to pay down the debt service on
527 the bonds; fund other state-court-facility construction projects
528 as may be certified by the chief judge as necessary to address
529 unexpected growth in caseloads, emergency requirements to
530 accommodate public access, threats to the safety of the public,
531 judges, staff, and litigants, or other exigent circumstances; or
532 support local law libraries in or near the county courthouse or
533 annexes.
534
535 A county may not impose both of the surcharges authorized
536 under paragraphs (a) and (b) concurrently. The clerk of court
537 shall report, no later than 30 days after the end of the
538 quarter, the amount of funds collected under this subsection
539 during each quarter of the fiscal year. The clerk shall submit
540 the report, in a format developed by the Office of State Courts
541 Administrator, to the chief judge of the circuit, the Governor,
542 the President of the Senate, and the Speaker of the House of
543 Representatives, and the board of county commissioners.
544 (c) May impose by ordinance a surcharge for any infraction
545 or violation for the exclusive purpose of securing payment of
546 the principal and interest on bonds issued by the county on or
547 after July 1, 2009, to fund state court facilities until the
548 date of stated maturity. The court may not waive this surcharge.
549 The surcharge may not exceed an amount per violation calculated
550 as the quotient of the maximum annual payment of the principal
551 and interest on the bonds, divided by the number of traffic
552 citations certified as paid by the clerk of the court of the
553 county on August 15 of each year. The quotient shall be rounded
554 up to the next highest dollar amount. The bonds may be refunded
555 if savings will be realized on payments of debt service and the
556 refunding bonds are scheduled to mature on or before the
557 maturity date of the bonds being refunded. If the revenues
558 generated as a result of the adoption of this ordinance exceed
559 the debt service on the bonds, the surplus revenues may be used
560 to pay the debt service on the bonds; to fund other state court
561 facility construction projects certified by the chief judge as
562 necessary to address unexpected growth in caseloads, emergency
563 requirements to accommodate public access, threats to the safety
564 of the public, judges, staff, and litigants, or other exigent
565 circumstances; or to support local law libraries in or near the
566 county courthouse or annexes.
567 Section 9. Section 322.245, Florida Statutes, is amended to
568 read:
569 322.245 Suspension of license upon failure of person
570 charged with specified offense under chapter 316, chapter 320,
571 or this chapter to comply with directives ordered by traffic
572 court or upon failure to pay child support in non-IV-D cases as
573 provided in chapter 61 or failure to pay any financial
574 obligation in any other criminal case.—
575 (1) If a person charged with a violation of any of the
576 criminal offenses enumerated in s. 318.17 or with the commission
577 of any offense constituting a misdemeanor under chapter 320 or
578 this chapter fails to comply with all of the directives of the
579 court within the time allotted by the court, the department
580 clerk of the traffic court shall mail to the person, at the
581 address specified on the uniform traffic citation, a notice of
582 such failure, notifying him or her that, if he or she does not
583 comply with the directives of the court within 30 days after the
584 date of the notice and pay a delinquency fee of up to $25 to the
585 clerk, his or her driver’s license will be suspended. The notice
586 shall be mailed no later than 5 days after such failure. The
587 delinquency fee may be retained by the office of the clerk to
588 defray the operating costs of the office.
589 (2) In non-IV-D cases, if a person fails to pay child
590 support under chapter 61 and the obligee so requests, the
591 depository or the clerk of the court shall mail in accordance
592 with s. 61.13016 the notice specified in that section, notifying
593 him or her that if he or she does not comply with the
594 requirements of that section and pay a delinquency fee of $25 to
595 the depository or the clerk, his or her driver’s license and
596 motor vehicle registration will be suspended. The delinquency
597 fee may be retained by the depository or the office of the clerk
598 to defray the operating costs of the office.
599 (3) If the person fails to comply with any directive the
600 directives of the court requiring the payment of fines, fees,
601 court costs, or service charges, including a payment plan
602 established pursuant to s. 28.246(4), within the 30-day period,
603 or, in non-IV-D cases, fails to comply with the requirements of
604 s. 61.13016 within the period specified in that statute, the
605 depository or the clerk of the court shall notify the department
606 of such failure within 10 days. Upon receipt of the notice, the
607 department shall immediately issue an order suspending the
608 person’s driver’s license and privilege to drive effective 20
609 days after the date the order of suspension is mailed in
610 accordance with s. 322.251(1), (2), and (6).
611 (4) After suspension of the driver’s license of a person
612 pursuant to subsection (1), subsection (2), or subsection (3),
613 the license may not be reinstated until the person complies with
614 all court directives imposed upon him or her, including payment
615 of the delinquency fee imposed by subsection (1), and presents
616 certification of such compliance to a driver licensing office
617 and complies with the requirements of this chapter or, in the
618 case of a license suspended for nonpayment of child support in
619 non-IV-D cases, until the person complies with the reinstatement
620 provisions of s. 322.058 and makes payment of the delinquency
621 fee imposed by subsection (2).
622 (5)(a) When the department receives notice from a clerk of
623 the court that a person licensed to operate a motor vehicle in
624 this state under the provisions of this chapter has failed to
625 pay financial obligations for any criminal offense other than
626 those specified in subsection (1), or any other unpaid court
627 fines, fees, service charges, or court costs ordered by the
628 court, in full or in part under a payment plan pursuant to s.
629 28.246(4), the department shall suspend the license of the
630 person named in the notice.
631 (b) The department must reinstate the driving privilege
632 when the clerk of the court provides an affidavit to the
633 department stating that:
634 1. The person has satisfied the financial obligation in
635 full or made all payments currently due under a payment plan;
636 2. The person has entered into a written agreement for
637 payment of the financial obligation if not presently enrolled in
638 a payment plan; or
639 3. A court has entered an order granting relief to the
640 person ordering the reinstatement of the license.
641 (c) The department shall not be held liable for any license
642 suspension resulting from the discharge of its duties under this
643 section.
644 Section 10. Section 322.29, Florida Statutes, is amended to
645 read:
646 322.29 Surrender and return of license.—
647 (1) The department, upon suspending or revoking a license,
648 shall require that the such license be surrendered to the
649 department. At the end of the period of suspension, the such
650 surrendered license so surrendered shall be returned, or a
651 duplicate license issued, to the licensee after the applicant
652 has successfully passed the vision, sign, and traffic law
653 examinations. In addition, pursuant to s. 322.221, the
654 department may require the licensee to successfully complete a
655 driving examination. The department may not require is
656 prohibited from requiring the surrender of a license except as
657 authorized by this chapter.
658 (2) The provisions of subsection (1) to the contrary
659 notwithstanding, an no examination is not required for the
660 return of a license suspended under s. 318.15, s. 322.245, or s.
661 938.30 s. 318.15 or s. 322.245 unless an examination is
662 otherwise required by this chapter. Every person applying for
663 the return of a license suspended under s. 318.15, s. 322.245,
664 or s. 938.30 s. 318.15 or s. 322.245 shall present to the
665 department certification from the court that he or she has
666 complied with all obligations and penalties imposed on him or
667 her pursuant to s. 318.15 or, in the case of a suspension
668 pursuant to ss. 322.245 and 938.30 s. 322.245, that he or she
669 has complied with all directives of the court and the
670 requirements of ss. 322.245 and 938.30 s. 322.245 and shall pay
671 to the department a nonrefundable service fee of $47.50, of
672 which $37.50 shall be deposited into the General Revenue Fund
673 and $10 shall be deposited into the Highway Safety Operating
674 Trust Fund. If reinstated by the clerk of the court or tax
675 collector, $37.50 shall be retained and $10 shall be remitted to
676 the Department of Revenue for deposit into the Highway Safety
677 Operating Trust Fund. However, the service fee is not required
678 if the person is required to pay a $35 fee or $60 fee under the
679 provisions of s. 322.21.
680 Section 11. Subsection (2) of section 938.30, Florida
681 Statutes, is amended to read:
682 938.30 Financial obligations in criminal cases;
683 supplementary proceedings.—
684 (2) The court may require a person who is not a state
685 inmate and who is liable for payment of an obligation to appear
686 and be examined under oath concerning the person’s financial
687 ability to pay the obligation. The judge may convert the
688 statutory financial obligation into a court-ordered obligation
689 to perform community service after examining a person under oath
690 and determining a person’s inability to pay. Any person failing
691 to attend a hearing may be arrested on warrant or capias which
692 may be issued by the clerk upon order of the court.
693 Section 12. Section 938.301, Florida Statutes, is amended
694 to read:
695 938.301 Judicial oversight and jurisdiction.—The
696 Comprehensive Court Enforcement Program may be implemented as
697 supplementary proceedings in any judicial circuit by the chief
698 judge of that circuit. Judges in such circuits shall have
699 jurisdiction to carry out the provisions of this section act in
700 any criminal cases to ensure compliance with court-imposed
701 financial obligations.
702 Section 13. Legislature’s workgroup for court-related fees,
703 service charges, costs, and fines.—A workgroup shall be
704 appointed to review court-related fees, service charges, costs,
705 and fines. The workgroup shall consist of seven members: a
706 Senator appointed by the President of the Senate; a
707 Representative appointed by the Speaker of the House of
708 Representatives; two clerks of a circuit court appointed by the
709 Florida Association of Court Clerks and Comptroller; one circuit
710 court judge and one county court judge, each appointed by the
711 Supreme Court; and one member of the American Collectors
712 Association International appointed by the Government Services
713 Program. The workgroup shall submit a report of its findings and
714 recommendations of best practices for the effective uniform
715 collection of court-related fees, service charges, costs, and
716 fines to the President of the Senate and the Speaker of the
717 House of Representatives on or before January 1, 2010. This
718 section expires January 1, 2010.
719 Section 14. Section 939.17, Florida Statutes, is repealed.
720 Section 15 This act shall take effect July 1, 2009.
721 ================= T I T L E A M E N D M E N T ================
722 And the title is amended as follows:
723 Delete everything before the enacting clause
724 and insert:
725
726 A bill to be entitled
727 An act relating to clerks of the circuit court; amending s.
728 27.52, F.S.; requiring an applicant for the appointment of a
729 public defender to consent to an indigency background review
730 conducted by a court clerk; requiring an applicant to pay an
731 indigent intake fee within a certain period of time after
732 submitting an application for the appointment of a public
733 defender; providing for the deposit of certain fees relating to
734 indigent persons into the Indigent Criminal Defense Trust Fund;
735 deleting provisions authorizing a clerk of court to retain
736 certain fees for administrative costs; requiring a clerk of
737 court to use the Comprehensive Case Information System to
738 conduct an indigency background review; requiring a clerk to use
739 the results of the review to determine whether an applicant is
740 indigent; amending s. 28.241, F.S.; revising criteria to
741 determine when a fee to reopen a case must be paid; providing
742 that the fee does not apply to motions to enforce stipulations
743 or motions for contempt; requiring the payment of a fee upon the
744 filing of a counter petition; amending s. 28.246, F.S.; reducing
745 the period of time that an account must be unpaid before a clerk
746 of court may refer the account to a collection agent or private
747 attorney for collection; reducing the amount of the collection
748 fee that may be paid to a collection agent or attorney under
749 certain circumstances; amending s. 34.041, F.S.; requiring the
750 payment of a fee upon the filing of a counter petition;
751 requiring a clerk of court to deposit that fee into the General
752 Revenue Fund; requiring the payment of an additional filing fee
753 for filings that require the transmittal of a case to another
754 court; revising criteria to determine when a fee to reopen a
755 case must be paid; providing that the fee does not apply to
756 motions to enforce stipulations or motions for contempt;
757 amending s. 45.035, F.S.; authorizing a clerk of court to charge
758 an additional fee for judicial sales conducted by electronic
759 means; requiring the fee to be paid by the winning bidder;
760 amending s. 57.082, F.S.; requiring an applicant for a court
761 appointed attorney in certain civil matters to consent to an
762 indigency background review conducted by a clerk of court;
763 deleting provisions authorizing a clerk of court to retain a
764 portion of the fees collected from persons applying for a court
765 appointed attorney for administrative costs; requiring a clerk
766 of court to determine whether an applicant for a court-appointed
767 attorney is indigent from the results of an indigency background
768 review provided by the Comprehensive Case Information System;
769 authorizing a clerk of court to suspend the driver’s license of
770 a person who fails to pay certain amounts that are payable
771 pursuant to a payment plan; amending s. 197.542, F.S.; providing
772 for the costs of electronic tax deed sales to be added to other
773 charges for costs of the sale; requiring payment of such costs
774 by a certificate-holder upon filing an application for a tax
775 deed; amending s. 318.18, F.S.; requiring a report relating to
776 certain surcharges imposed by ordinance to be submitted to the
777 board of county commissioners; authorizing a county to impose an
778 additional surcharge by ordinance to secure the repayment of
779 bonds relating to court facilities and related purposes;
780 amending s. 322.245, F.S.; requiring the Department of Highway
781 Safety and Motor Vehicles to mail notices to certain persons who
782 have failed to comply with directives of a court; specifying the
783 directives of a court which, if violated, may result in the
784 suspension of a driver’s license; amending s. 322.29, F.S.;
785 providing that an examination is not required before returning a
786 driver’s license to a person whose license was suspended for
787 failure to pay certain financial obligations to a court;
788 amending s. 938.30, F.S.; exempting inmates from the provision
789 authorizing the court to examine persons to ensure compliance
790 with certain financial obligations; amending s. 938.301, F.S.;
791 providing that circuit court judges have jurisdiction to ensure
792 compliance with court-imposed financial obligations in all types
793 of cases; providing for the appointment of a workgroup to review
794 court-related fees, service charges, costs, and fines;
795 specifying the membership of the workgroup; requiring the
796 workgroup to submit a report to the President of the Senate and
797 Speaker of the House of Representatives by a certain date;
798 providing for expiration of the provisions creating the
799 workgroup; repealing s. 939.17; F.S., relating to money
800 deposited by a defendant under prosecution by the state;
801 providing an effective date.