ENROLLED
       2013 Legislature                          SB 1512, 1st Engrossed
       
       
       
       
       
       
                                                             20131512er
    1  
    2         An act relating to clerks of court; transferring the
    3         Clerks of the Court Trust Fund from the Justice
    4         Administrative Commission to the Department of
    5         Revenue; amending s. 11.90, F.S.; providing additional
    6         duties of the Legislative Budget Commission relating
    7         to clerks of court; amending s. 28.241, F.S.; revising
    8         distribution of filing fees; revising references to
    9         trust funds; repealing s. 28.2455, F.S., relating to
   10         transfer of trust funds in excess of amount needed for
   11         clerk budgets; amending s. 28.246, F.S.; conforming
   12         provisions to changes made by the act; amending s.
   13         28.35, F.S.; deleting provisions providing for the
   14         housing of the Florida Clerks of Court Operations
   15         Corporation; revising duties of the corporation;
   16         defining terms; providing requirements for annual
   17         submission of a proposed budget and related
   18         information; revising provisions concerning functions
   19         that may and may not be funded from specified sources;
   20         revising distribution of the corporation’s audit
   21         report; amending s. 28.36, F.S.; specifying that only
   22         certain functions may be funded from fees, service
   23         charges, costs, and fines retained by the clerks of
   24         the court; revising provisions relating to preparation
   25         of budget requests by clerks; providing for reporting
   26         and certification of revenue deficits; providing
   27         procedures for retention of additional revenues by
   28         clerks in the event of a deficit; providing for the
   29         release of funds from a specified trust fund to
   30         relieve such a deficit in certain circumstances;
   31         providing for increases in previously authorized
   32         budgets in certain circumstances; deleting provisions
   33         relating to review of budgets and related information;
   34         amending s. 28.37, F.S.; providing that a portion of
   35         all fines, fees, service charges, and costs collected
   36         by the clerks of the court which exceed a specified
   37         portion of the clerk’s annual budget be remitted to a
   38         specified trust fund; providing for remission of
   39         certain excess collections to the department for
   40         deposit into the General Revenue Fund on specified
   41         dates; providing for deposit of such funds in a
   42         specified trust fund in certain circumstances;
   43         providing for collection of certain funds due by the
   44         department; amending s. 34.041, F.S.; conforming
   45         provisions to changes made by the act; revising
   46         distribution of certain fees; amending ss. 43.16 and
   47         110.205, F.S.; conforming provisions to changes made
   48         by the act; amending s. 142.01, F.S.; revising the
   49         funds deposited in each county’s fine and forfeiture
   50         fund; deleting provisions specifying that certain
   51         moneys are considered state funds; amending s.
   52         213.131, F.S.; conforming provisions to changes made
   53         by the act; amending s. 215.22, F.S.; exempting
   54         certain moneys deposited in the Clerks of the Court
   55         Trust Fund from a specified deduction; amending s.
   56         216.011, F.S.; conforming provisions to changes made
   57         by the act; specifying the authorized budget for the
   58         clerks of the circuit court and the corporation for
   59         specified periods; requiring the corporation to
   60         determine budget amounts for the individual clerks for
   61         those periods; providing an effective date.
   62  
   63  Be It Enacted by the Legislature of the State of Florida:
   64  
   65         Section 1. The Clerks of the Court Trust Fund within the
   66  Justice Administrative Commission, FLAIR number 21-2-588, is
   67  transferred together with all balances in the fund to the
   68  Department of Revenue.
   69         Section 2. Subsection (6) of section 11.90, Florida
   70  Statutes, is amended to read:
   71         11.90 Legislative Budget Commission.—
   72         (6) The commission shall have the power and duty to:
   73         (a) Review and approve or disapprove budget amendments
   74  recommended by the Governor or the Chief Justice of the Supreme
   75  Court as provided in chapter 216.
   76         (b) Develop the long-range financial outlook described in
   77  s. 19, Art. III of the State Constitution.
   78         (c) Review and approve, disapprove, or amend and approve
   79  the budget of the Florida Clerks of Court Operations
   80  Corporation.
   81         (d) Review and approve, disapprove, or amend and approve
   82  the total combined budgets of the clerks of the court or the
   83  budget of any individual clerk of the court for court-related
   84  functions. As part of this review the commission shall consider
   85  the workload and expense data submitted pursuant to s. 28.35.
   86         (e)In addition to the powers and duties specified in this
   87  subsection, the commission shall Exercise all other powers and
   88  perform any other duties prescribed by the Legislature.
   89         Section 3. Paragraph (a) of subsection (1) of section
   90  28.241, Florida Statutes, is amended to read:
   91         28.241 Filing fees for trial and appellate proceedings.—
   92         (1) Filing fees are due at the time a party files a
   93  pleading to initiate a proceeding or files a pleading for
   94  relief. Reopen fees are due at the time a party files a pleading
   95  to reopen a proceeding if at least 90 days have elapsed since
   96  the filing of a final order or final judgment with the clerk. If
   97  a fee is not paid upon the filing of the pleading as required
   98  under this section, the clerk shall pursue collection of the fee
   99  pursuant to s. 28.246.
  100         (a)1.a. Except as provided in sub-subparagraph b. and
  101  subparagraph 2., the party instituting any civil action, suit,
  102  or proceeding in the circuit court shall pay to the clerk of
  103  that court a filing fee of up to $395 in all cases in which
  104  there are not more than five defendants and an additional filing
  105  fee of up to $2.50 for each defendant in excess of five. Of the
  106  first $200 $280 in filing fees, $80 must be remitted by the
  107  clerk to the Department of Revenue for deposit into the General
  108  Revenue Fund, $195 must be remitted to the Department of Revenue
  109  for deposit into the State Courts Revenue Trust Fund, $4 $3.50
  110  must be remitted to the Department of Revenue for deposit into
  111  the Administrative Clerks of the Court Trust Fund within the
  112  Department of Financial Services Justice Administrative
  113  Commission and used to fund the contract with the Florida Clerks
  114  of Court Operations Corporation created in s. 28.35, and $1
  115  $1.50 must be remitted to the Department of Revenue for deposit
  116  into the Administrative Trust Fund within the Department of
  117  Financial Services to fund audits of individual clerks’ court
  118  related expenditures clerk budget reviews conducted by the
  119  Department of Financial Services. By the 10th of each month, the
  120  clerk shall submit that portion of the filing fees collected in
  121  the previous month which is in excess of one-twelfth of the
  122  clerk’s total budget One third of any filing fees collected by
  123  the clerk of the circuit court in excess of $100 must be
  124  remitted to the Department of Revenue for deposit into the
  125  Clerks of the Court Trust Fund within the Justice Administrative
  126  Commission.
  127         b. The party instituting any civil action, suit, or
  128  proceeding in the circuit court under chapter 39, chapter 61,
  129  chapter 741, chapter 742, chapter 747, chapter 752, or chapter
  130  753 shall pay to the clerk of that court a filing fee of up to
  131  $295 in all cases in which there are not more than five
  132  defendants and an additional filing fee of up to $2.50 for each
  133  defendant in excess of five. Of the first $100 $180 in filing
  134  fees, $80 must be remitted by the clerk to the Department of
  135  Revenue for deposit into the General Revenue Fund, $95 must be
  136  remitted to the Department of Revenue for deposit into the State
  137  Courts Revenue Trust Fund, $4 $3.50 must be remitted to the
  138  Department of Revenue for deposit into the Administrative Clerks
  139  of the Court Trust Fund within the Department of Financial
  140  Services Justice Administrative Commission and used to fund the
  141  contract with the Florida Clerks of Court Operations Corporation
  142  created in s. 28.35, and $1 $1.50 must be remitted to the
  143  Department of Revenue for deposit into the Administrative Trust
  144  Fund within the Department of Financial Services to fund audits
  145  of individual clerks’ court-related expenditures clerk budget
  146  reviews conducted by the Department of Financial Services.
  147         c. An additional filing fee of $4 shall be paid to the
  148  clerk. The clerk shall remit $3.50 to the Department of Revenue
  149  for deposit into the Court Education Trust Fund and shall remit
  150  50 cents to the Department of Revenue for deposit into the
  151  Administrative Clerks of the Court Trust Fund within the
  152  Department of Financial Services Justice Administrative
  153  Commission to fund clerk education provided by the Florida
  154  Clerks of Court Operations Corporation. An additional filing fee
  155  of up to $18 shall be paid by the party seeking each severance
  156  that is granted. The clerk may impose an additional filing fee
  157  of up to $85 for all proceedings of garnishment, attachment,
  158  replevin, and distress. Postal charges incurred by the clerk of
  159  the circuit court in making service by certified or registered
  160  mail on defendants or other parties shall be paid by the party
  161  at whose instance service is made. Additional fees, charges, or
  162  costs may not be added to the filing fees imposed under this
  163  section, except as authorized in this section or by general law.
  164         2.a. Notwithstanding the fees prescribed in subparagraph
  165  1., a party instituting a civil action in circuit court relating
  166  to real property or mortgage foreclosure shall pay a graduated
  167  filing fee based on the value of the claim.
  168         b. A party shall estimate in writing the amount in
  169  controversy of the claim upon filing the action. For purposes of
  170  this subparagraph, the value of a mortgage foreclosure action is
  171  based upon the principal due on the note secured by the
  172  mortgage, plus interest owed on the note and any moneys advanced
  173  by the lender for property taxes, insurance, and other advances
  174  secured by the mortgage, at the time of filing the foreclosure.
  175  The value shall also include the value of any tax certificates
  176  related to the property. In stating the value of a mortgage
  177  foreclosure claim, a party shall declare in writing the total
  178  value of the claim, as well as the individual elements of the
  179  value as prescribed in this sub-subparagraph.
  180         c. In its order providing for the final disposition of the
  181  matter, the court shall identify the actual value of the claim.
  182  The clerk shall adjust the filing fee if there is a difference
  183  between the estimated amount in controversy and the actual value
  184  of the claim and collect any additional filing fee owed or
  185  provide a refund of excess filing fee paid.
  186         d. The party shall pay a filing fee of:
  187         (I) Three hundred and ninety-five dollars in all cases in
  188  which the value of the claim is $50,000 or less and in which
  189  there are not more than five defendants. The party shall pay an
  190  additional filing fee of up to $2.50 for each defendant in
  191  excess of five. Of the first $200 $280 in filing fees, $195 $275
  192  must be remitted by the clerk to the Department of Revenue for
  193  deposit into the General Revenue Fund, $4 $3.50 must be remitted
  194  to the Department of Revenue for deposit into the Administrative
  195  Clerks of the Court Trust Fund within the Department of
  196  Financial Services Justice Administrative Commission and used to
  197  fund the contract with the Florida Clerks of Court Operations
  198  Corporation created in s. 28.35, and $1 $1.50 must be remitted
  199  to the Department of Revenue for deposit into the Administrative
  200  Trust Fund within the Department of Financial Services to fund
  201  audits of individual clerks’ court-related expenditures clerk
  202  budget reviews conducted by the Department of Financial
  203  Services;
  204         (II) Nine hundred dollars in all cases in which the value
  205  of the claim is more than $50,000 but less than $250,000 and in
  206  which there are not more than five defendants. The party shall
  207  pay an additional filing fee of up to $2.50 for each defendant
  208  in excess of five. Of the first $705 $785 in filing fees, $700
  209  $780 must be remitted by the clerk to the Department of Revenue
  210  for deposit into the General Revenue Fund, $4 $3.50 must be
  211  remitted to the Department of Revenue for deposit into the
  212  Administrative Clerks of the Court Trust Fund within the
  213  Department of Financial Services Justice Administrative
  214  Commission and used to fund the contract with the Florida Clerks
  215  of Court Operations Corporation created described in s. 28.35,
  216  and $1 $1.50 must be remitted to the Department of Revenue for
  217  deposit into the Administrative Trust Fund within the Department
  218  of Financial Services to fund audits of individual clerks’
  219  court-related expenditures clerk budget reviews conducted by the
  220  Department of Financial Services; or
  221         (III) One thousand nine hundred dollars in all cases in
  222  which the value of the claim is $250,000 or more and in which
  223  there are not more than five defendants. The party shall pay an
  224  additional filing fee of up to $2.50 for each defendant in
  225  excess of five. Of the first $1,705 $1,785 in filing fees, $930
  226  $1,010 must be remitted by the clerk to the Department of
  227  Revenue for deposit into the General Revenue Fund, $770 must be
  228  remitted to the Department of Revenue for deposit into the State
  229  Courts Revenue Trust Fund, $4 $3.50 must be remitted to the
  230  Department of Revenue for deposit into the Administrative Clerks
  231  of the Court Trust Fund within the Department of Financial
  232  Services Justice Administrative Commission to fund the contract
  233  with the Florida Clerks of Court Operations Corporation created
  234  in s. 28.35, and $1 $1.50 must be remitted to the Department of
  235  Revenue for deposit into the Administrative Trust Fund within
  236  the Department of Financial Services to fund audits of
  237  individual clerks’ court-related expenditures clerk budget
  238  reviews conducted by the Department of Financial Services.
  239         e. An additional filing fee of $4 shall be paid to the
  240  clerk. The clerk shall remit $3.50 to the Department of Revenue
  241  for deposit into the Court Education Trust Fund and shall remit
  242  50 cents to the Department of Revenue for deposit into the
  243  Administrative Clerks of the Court Trust Fund within the
  244  Department of Financial Services Justice Administrative
  245  Commission to fund clerk education provided by the Florida
  246  Clerks of Court Operations Corporation. An additional filing fee
  247  of up to $18 shall be paid by the party seeking each severance
  248  that is granted. The clerk may impose an additional filing fee
  249  of up to $85 for all proceedings of garnishment, attachment,
  250  replevin, and distress. Postal charges incurred by the clerk of
  251  the circuit court in making service by certified or registered
  252  mail on defendants or other parties shall be paid by the party
  253  at whose instance service is made. Additional fees, charges, or
  254  costs may not be added to the filing fees imposed under this
  255  section, except as authorized in this section or by general law.
  256         Section 4. Effective upon this act becoming a law, s.
  257  28.2455, Florida Statutes, is repealed.
  258         Section 5. Paragraph (b) of subsection (5) of section
  259  28.246, Florida Statutes, is amended to read:
  260         28.246 Payment of court-related fines or other monetary
  261  penalties, fees, charges, and costs; partial payments;
  262  distribution of funds.—
  263         (5) When receiving partial payment of fees, service
  264  charges, court costs, and fines, clerks shall distribute funds
  265  according to the following order of priority:
  266         (b) That portion of fees, service charges, court costs, and
  267  fines required to be retained by the clerk of the court or
  268  deposited into the Clerks of the Court Trust Fund within the
  269  Department of Revenue Justice Administrative Commission.
  270  
  271  To offset processing costs, clerks may impose either a per-month
  272  service charge pursuant to s. 28.24(26)(b) or a one-time
  273  administrative processing service charge at the inception of the
  274  payment plan pursuant to s. 28.24(26)(c).
  275         Section 6. Section 28.35, Florida Statutes, is amended to
  276  read:
  277         28.35 Florida Clerks of Court Operations Corporation.—
  278         (1)(a) The Florida Clerks of Court Operations Corporation
  279  is created as a public corporation organized to perform the
  280  functions specified in this section and s. 28.36 and shall be
  281  administratively housed within the Justice Administrative
  282  Commission. The corporation shall be a budget entity within the
  283  Justice Administrative Commission, and its employees shall be
  284  considered state employees. The corporation is not subject to
  285  control, supervision, or direction by the Justice Administrative
  286  Commission in the performance of its duties, but the employees
  287  of the corporation shall be governed by the classification plan
  288  and salary and benefits plan of the Justice Administrative
  289  Commission. The classification plan must have a separate chapter
  290  for the corporation. All clerks of the circuit court shall be
  291  members of the corporation and hold their position and authority
  292  in an ex officio capacity. The functions assigned to the
  293  corporation shall be performed by an executive council pursuant
  294  to the plan of operation approved by the members.
  295         (b) The executive council shall be composed of eight clerks
  296  of the court elected by the clerks of the courts for a term of 2
  297  years, with two clerks from counties with a population of fewer
  298  than 100,000, two clerks from counties with a population of at
  299  least 100,000 but fewer than 500,000, two clerks from counties
  300  with a population of at least 500,000 but fewer than 1 million,
  301  and two clerks from counties with a population of more than 1
  302  million. The executive council shall also include, as ex officio
  303  members, a designee of the President of the Senate and a
  304  designee of the Speaker of the House of Representatives. The
  305  Chief Justice of the Supreme Court shall designate one
  306  additional member to represent the state courts system.
  307         (c) The corporation shall be considered a political
  308  subdivision of the state and shall be exempt from the corporate
  309  income tax. The corporation is not subject to the provisions of
  310  chapter 120.
  311         (d) The functions assigned to the corporation under this
  312  section and ss. 28.36 and 28.37 are considered to be for a valid
  313  public purpose.
  314         (2) The duties of the corporation shall include the
  315  following:
  316         (a) Adopting a plan of operation.
  317         (b) Conducting the election of an executive council
  318  directors as required in paragraph (1)(b) (1)(a).
  319         (c) Recommending to the Legislature changes in the amounts
  320  of the various court-related fines, fees, service charges, and
  321  court costs established by law to ensure reasonable and adequate
  322  funding of the clerks of the court in the performance of their
  323  court-related functions.
  324         (d) Developing and certifying a uniform system of workload
  325  performance measures and applicable workload performance
  326  standards for court-related functions as developed by the
  327  corporation the functions specified in paragraph (3)(a) and the
  328  service unit costs required in s. 28.36 and measures for clerk
  329  workload performance in meeting the workload performance
  330  standards. These workload measures and workload performance
  331  standards shall be designed to facilitate an objective
  332  determination of the performance of each clerk in accordance
  333  with minimum standards for fiscal management, operational
  334  efficiency, and effective collection of fines, fees, service
  335  charges, and court costs. The corporation shall develop the
  336  workload performance measures and workload performance standards
  337  in consultation with the Legislature and the Supreme Court. The
  338  Legislature may modify the clerk performance measures and
  339  performance standards in legislation implementing the General
  340  Appropriations Act or other law. When the corporation finds a
  341  clerk has not met the workload performance standards, the
  342  corporation shall identify the nature of each deficiency and any
  343  corrective action recommended and taken by the affected clerk of
  344  the court. The corporation shall notify the Legislature and the
  345  Supreme Court of any clerk not meeting workload performance
  346  standards and provide a copy of any corrective action plans. As
  347  used in this subsection, the term:
  348         1. “Workload measures” means the measurement of the
  349  activities and frequency of the work required for the clerk to
  350  adequately perform the court-related duties of the office as
  351  defined by the membership of the Florida Clerks of Court
  352  Operations Corporation.
  353         2. “Workload performance standards” means the standards
  354  developed to measure the timeliness and effectiveness of the
  355  activities that are accomplished by the clerk in the performance
  356  of the court-related duties of the office as defined by the
  357  membership of the Florida Clerks of Court Operations
  358  Corporation.
  359         (e) Entering into a contract with the Department of
  360  Financial Services for the department to audit the court-related
  361  expenditures of individual clerks pursuant to s. 17.03.
  362         (f)(e) Reviewing, certifying, and recommending proposed
  363  budgets submitted by clerks of the court pursuant to s. 28.36.
  364  As part of this process, the corporation shall:
  365         1. Calculate the minimum amount of revenue necessary for
  366  each clerk of the court to efficiently perform the list of
  367  court-related functions specified in paragraph (3)(a). The
  368  corporation shall apply the workload measures appropriate for
  369  determining the individual level of review required to fund the
  370  clerk’s budget.
  371         2. Prepare a cost comparison of similarly situated clerks
  372  of the court, based on county population and numbers of filings,
  373  using the standard list of court-related functions specified in
  374  paragraph (3)(a).
  375         3. Conduct an annual base budget review and an annual
  376  budget exercise examining the total budget of each clerk of the
  377  court. The review shall examine revenues from all sources,
  378  expenses of court-related functions, and expenses of noncourt
  379  related functions as necessary to determine that court-related
  380  revenues are not being used for noncourt-related purposes. The
  381  review and exercise shall identify potential targeted budget
  382  reductions in the percentage amount provided in Schedule VIII-B
  383  of the state’s previous year’s legislative budget instructions,
  384  as referenced in s. 216.023(3), or an equivalent schedule or
  385  instruction as may be adopted by the Legislature.
  386         4. Identify those proposed budgets containing funding for
  387  items not included on the standard list of court-related
  388  functions specified in paragraph (3)(a).
  389         5. Identify those clerks projected to have court-related
  390  revenues insufficient to fund their anticipated court-related
  391  expenditures.
  392         6. Use revenue estimates based on the official estimate for
  393  funds accruing to the clerks of the court made by the Revenue
  394  Estimating Conference.
  395         7. Identify and report pay and benefit increases in any
  396  proposed clerk budget, including, but not limited to, cost of
  397  living increases, merit increases, and bonuses.
  398         8. Provide detailed explanation for increases in
  399  anticipated expenditures in any clerk budget that exceeds the
  400  current year budget by more than 3 percent.
  401         9. Identify and report the budget of any clerk which
  402  exceeds the average budget of similarly situated clerks by more
  403  than ten percent.
  404         (g)(f) Developing and conducting clerk education programs.
  405         (g) Publishing a uniform schedule of actual fees, service
  406  charges, and costs charged by a clerk of the court pursuant to
  407  general law.
  408         (h) Beginning August 1, 2014, and each August 1 thereafter,
  409  submitting to the Legislative Budget Commission, as provided in
  410  s. 11.90, its proposed budget and the information described in
  411  paragraph (f), as well as the proposed budgets for each clerk of
  412  the court. Before October 1 of each year beginning in 2014, the
  413  Legislative Budget Commission shall consider the submitted
  414  budgets and shall approve, disapprove, or amend and approve the
  415  corporation’s budget and shall approve, disapprove, or amend and
  416  approve the total of the clerks’ combined budgets or any
  417  individual clerk’s budget. If the Legislative Budget Commission
  418  fails to approve or amend and approve the corporation’s budget
  419  or the clerks’ combined budgets before October 1, the clerk
  420  shall continue to perform the court-related functions based upon
  421  the clerk’s budget for the previous county fiscal year.
  422         (3)(a) The list of court-related functions that clerks may
  423  fund from filing fees, service charges, costs, and fines is
  424  perform are limited to those functions expressly authorized by
  425  law or court rule. Those functions include the following: case
  426  maintenance; records management; court preparation and
  427  attendance; processing the assignment, reopening, and
  428  reassignment of cases; processing of appeals; collection and
  429  distribution of fines, fees, service charges, and court costs;
  430  processing of bond forfeiture payments; payment of jurors and
  431  witnesses; payment of expenses for meals or lodging provided to
  432  jurors; data collection and reporting; processing of jurors;
  433  determinations of indigent status; and paying reasonable
  434  administrative support costs to enable the clerk of the court to
  435  carry out these court-related functions.
  436         (b) The list of court-related functions that clerks may not
  437  fund from filing fees, service charges, costs, and fines
  438  includes state appropriations include:
  439         1. Those functions not specified within paragraph (a).
  440         2. Functions assigned by administrative orders which are
  441  not required for the clerk to perform the functions in paragraph
  442  (a).
  443         3. Enhanced levels of service which are not required for
  444  the clerk to perform the functions in paragraph (a).
  445         4. Functions identified as local requirements in law or
  446  local optional programs.
  447         (4) The corporation shall prepare a legislative budget
  448  request for the resources necessary to perform its duties,
  449  submit the request pursuant to chapter 216, and be funded
  450  pursuant to a contract with the Chief Financial Officer. Funds
  451  shall be provided to the Chief Financial Officer for such
  452  purpose as appropriated by general law. Such funds shall be
  453  available to the corporation for the performance of the duties
  454  and responsibilities set forth in this section as a budget
  455  entity in the General Appropriations Act. The corporation shall
  456  participate in the Florida Retirement System for its eligible
  457  employees as provided in chapter 121. The corporation may hire
  458  staff and pay other expenses from such funds state
  459  appropriations as necessary to perform the official duties and
  460  responsibilities of the corporation as described in this section
  461  by law.
  462         (5) Certified public accountants conducting audits of
  463  counties pursuant to s. 218.39 shall report, as part of the
  464  audit, whether or not the clerks of the courts have complied
  465  with the requirements of this section and s. 28.36. In addition,
  466  each clerk of court shall forward a copy of the portion of the
  467  financial audit relating to the court-related duties of the
  468  clerk of court to the Florida Clerks of Court Operations
  469  Corporation Supreme Court. The Auditor General shall develop a
  470  compliance supplement for the audit of compliance with the
  471  budgets and applicable workload performance standards certified
  472  by the corporation.
  473         Section 7. Section 28.36, Florida Statutes, is amended to
  474  read:
  475         28.36 Budget procedure.—There is established a budget
  476  procedure for preparing budget requests for funding for the
  477  court-related functions of the clerks of the court.
  478         (1) Only those functions listed in s. 28.35(3)(a) may be
  479  funded from fees, service charges, costs, and fines retained by
  480  the clerks of the court Each clerk of court shall prepare a
  481  budget request for the last quarter of the county fiscal year
  482  and the first three quarters of the next county fiscal year. The
  483  proposed budget shall be prepared, summarized, and submitted by
  484  the clerk in each county to the Florida Clerks of Court
  485  Operations Corporation in the manner and form prescribed by the
  486  corporation to meet the requirements of law. Each clerk shall
  487  forward a copy of his or her budget request to the Supreme
  488  Court. The budget requests must be provided to the corporation
  489  by October 1 of each year.
  490         (2) Each clerk shall include in his or her budget request a
  491  projection of the amount of court-related fees, service charges,
  492  and any other court-related clerk fees which will be collected
  493  during the proposed budget period. If the corporation determines
  494  that the proposed budget is limited to the standard list of
  495  court-related functions in s. 28.35(3)(a) and the projected
  496  court-related revenues are less than the proposed budget, the
  497  clerk shall increase all fees, service charges, and any other
  498  court-related clerk fees and charges to the maximum amounts
  499  specified by law or the amount necessary to resolve the deficit,
  500  whichever is less.
  501         (2)(3) Each proposed budget shall further conform to the
  502  following requirements clerk shall include in his or her budget
  503  request the number of personnel and the proposed budget for each
  504  of the following core services:
  505         (a) On or before June 1 of each year beginning in 2014, the
  506  proposed budget shall be prepared, summarized, and submitted by
  507  the clerk in each county to the Florida Clerks of Court
  508  Operations Corporation in the manner and form prescribed by the
  509  corporation. The proposed budget must provide detailed
  510  information on the anticipated revenues available and
  511  expenditures necessary for the performance of the court-related
  512  functions listed in s. 28.35(3)(a) of the clerk’s office for the
  513  county fiscal year beginning October 1.
  514         (b) The proposed budget must be balanced such that the
  515  total of the estimated revenues available equals or exceeds the
  516  total of the anticipated expenditures. Such revenues include
  517  revenue projected to be received from fees, service charges,
  518  costs, and fines for court-related functions during the fiscal
  519  period covered by the budget. The anticipated expenditures must
  520  be itemized as required by the corporation.
  521         (a) Circuit criminal.
  522         (b) County criminal.
  523         (c) Juvenile delinquency.
  524         (d) Criminal traffic.
  525         (e) Circuit civil.
  526         (f) County civil.
  527         (g) Civil traffic.
  528         (h)Probate.
  529         (i) Family.
  530         (j) Juvenile dependency.
  531  
  532  Central administrative costs shall be allocated among the core
  533  services categories.
  534         (3) If a clerk of the court estimates that available funds
  535  plus projected revenues from fines, fees, service charges, and
  536  costs for court-related services are insufficient to meet the
  537  anticipated expenditures for the standard list of court-related
  538  functions in s. 28.35(3)(a) performed by his or her office, the
  539  clerk must report the revenue deficit to the corporation in the
  540  manner and form prescribed by the corporation. The corporation
  541  shall verify that the proposed budget is limited to the standard
  542  list of court-related functions in s. 28.35(3)(a). If the
  543  corporation verifies that a revenue deficit is projected, the
  544  corporation shall certify a revenue deficit and notify the
  545  Department of Revenue that the clerk is authorized to retain
  546  revenues, in an amount necessary to fully fund the projected
  547  revenue deficit, which he or she would otherwise be required to
  548  remit to the Department of Revenue for deposit into the
  549  department’s Clerks of the Court Trust Fund pursuant to s.
  550  28.37. If a revenue deficit is projected for that clerk after
  551  retaining all of the projected collections from the court
  552  related fines, fees, service charges, and costs, the corporation
  553  shall certify the amount of the revenue deficit to the Executive
  554  Office of the Governor and request release authority for funds
  555  from the department’s Clerks of the Court Trust Fund.
  556  Notwithstanding s. 216.192 relating to the release of funds, the
  557  Executive Office of the Governor may approve the release of
  558  funds in accordance with the notice, review, and objection
  559  procedures set forth in s. 216.177 and shall provide notice to
  560  the Department of Revenue and the Chief Financial Officer. The
  561  Department of Revenue shall request monthly distributions from
  562  the Chief Financial Officer in equal amounts to each clerk
  563  certified to have a revenue deficit, in accordance with the
  564  releases approved by the Governor.
  565         (4) The Legislative Budget Commission may approve increases
  566  or decreases to the previously authorized budgets approved for
  567  individual clerks of the court pursuant to s. 28.35 for court
  568  related functions, if:
  569         (a) The additional budget authority is necessary to pay the
  570  cost of performing new or additional functions required by
  571  changes in law or court rule; or
  572         (b) The additional budget authority is necessary to pay the
  573  cost of supporting increases in the number of judges or
  574  magistrates authorized by the Legislature.
  575         (4) The budget request must identify the service units to
  576  be provided within each core service. The service units shall be
  577  developed by the corporation, in consultation with the Supreme
  578  Court, the Chief Financial Officer, and the appropriations
  579  committees of the Senate and the House of Representatives.
  580         (5) The budget request must propose a unit cost for each
  581  service unit. The corporation shall provide a copy of each
  582  clerk’s budget request to the Supreme Court.
  583         (6) The corporation shall review each individual clerk’s
  584  prior-year expenditures, projected revenue, proposed unit costs,
  585  and the proposed budget for each of the core-services
  586  categories. The corporation shall compare each clerk’s prior
  587  year expenditures and unit costs for core services with a peer
  588  group of clerks’ offices having a population of a similar size
  589  and a similar number of case filings. If the corporation finds
  590  that the expenditures, unit costs, or proposed budget of a clerk
  591  is significantly higher than those of clerks in that clerk’s
  592  peer group, the corporation shall require the clerk to submit
  593  documentation justifying the difference in each core-services
  594  category. Justification for higher expenditures may include, but
  595  is not limited to, collective bargaining agreements, county
  596  civil service agreements, and the number and distribution of
  597  courthouses served by the clerk. If the expenditures and unit
  598  costs are not justified, the corporation shall recommend a
  599  reduction in the funding for that core-services category in the
  600  budget request to an amount similar to the peer group of clerks
  601  or to an amount that the corporation determines is justified.
  602         (7) The corporation shall complete its review and
  603  adjustments to the clerks’ budget requests and make its
  604  recommendations to the Legislature and the Supreme Court by
  605  December 1 each year.
  606         (8) The Chief Financial Officer shall review the proposed
  607  unit costs associated with each clerk of court’s budget request
  608  and make recommendations to the Legislature. The Chief Financial
  609  Officer may conduct any audit of the corporation or a clerk of
  610  court as authorized by law. The Chief Justice of the Supreme
  611  Court may request an audit of the corporation or any clerk of
  612  court by the Chief Financial Officer.
  613         (9) The Legislature shall appropriate the total amount for
  614  the budgets of the clerks in the General Appropriations Act. The
  615  Legislature may reject or modify any or all of the unit costs
  616  recommended by the corporation. If the Legislature does not
  617  specify the unit costs in the General Appropriations Act or
  618  other law, the unit costs recommended by the corporation shall
  619  be the official unit costs for that budget period.
  620         (10)(a) Beginning in the 2010-2011 fiscal year, the
  621  corporation shall release appropriations to each clerk
  622  quarterly. If funds in the Clerks of Court Trust Fund are
  623  insufficient to provide a release in a quarter in a single
  624  release, the corporation may release partial amounts for that
  625  quarter so long as the total of those partial amounts does not
  626  exceed that quarter’s release. If funds in the Clerks of Court
  627  Trust Fund are insufficient for the first quarter release, the
  628  corporation may make a request to the Governor for a trust fund
  629  loan pursuant to chapter 215. The amount of the first three
  630  releases shall be based on one quarter of the estimated budget
  631  for each clerk as identified in the General Appropriations Act.
  632         (b) The corporation shall estimate the fourth quarter’s
  633  number of units to be performed by each clerk. The amount of the
  634  fourth-quarter release shall be based on the approved unit cost
  635  times the estimated number of units of the fourth quarter with
  636  the following adjustment: the fourth-quarter release shall be
  637  adjusted based on the first three quarter’s actual number of
  638  service units provided as reported to the corporation by each
  639  clerk. If the clerk has performed fewer service units in the
  640  first three quarters of the year compared to three quarters of
  641  the estimated number of service units in the General
  642  Appropriations Act, the corporation shall decrease the fourth
  643  quarter release. The amount of the decrease shall equal the
  644  amount of the difference between the estimated number of service
  645  units for the first three quarters and the actual number of
  646  service units provided in the first three quarters times the
  647  approved unit cost.
  648         (c) No adjustment for the fourth-quarter release shall be
  649  made if the clerk has performed more units than the estimate for
  650  the first three quarters.
  651         (d) If the clerk performs fewer units in the fourth quarter
  652  than estimated by the corporation, the corporation shall
  653  decrease the first-quarter release for the clerk in the next
  654  fiscal year by the amount of the difference between the
  655  estimated number of service units for the fourth quarter and the
  656  actual number of service units performed in that quarter times
  657  the approved unit cost.
  658         (e) The total of all releases to the clerks of court may
  659  not exceed the amount appropriated in the General Appropriations
  660  Act. If, during the year, the corporation determines that the
  661  projected releases of appropriations for service units will
  662  exceed the estimate used in the General Appropriations Act and
  663  result in statewide expenditures greater than the amount
  664  appropriated by law, the corporation shall reduce all service
  665  unit costs of all clerks by the amount necessary to ensure that
  666  service units are funded within the total amount appropriated to
  667  the clerks of court. If such action is necessary, the
  668  corporation shall notify the Legislative Budget Commission. If
  669  the Legislative Budget Commission objects to the adjustments,
  670  the Legislative Budget Commission shall adjust all service unit
  671  costs by the amount necessary to ensure that projected units of
  672  service are funded within the total amount appropriated to the
  673  clerks of court at its next scheduled meeting.
  674         (11) The corporation may submit proposed legislation to the
  675  Governor, the President of the Senate, and the Speaker of the
  676  House of Representatives relating to the preparation of budget
  677  requests of the clerks of court.
  678         Section 8. Section 28.37, Florida Statutes, is amended to
  679  read:
  680         28.37 Fines, fees, service charges, and costs remitted to
  681  the state.—
  682         (1) Pursuant to s. 14(b), Art. V of the State Constitution,
  683  selected salaries, costs, and expenses of the state courts
  684  system and court-related functions shall be funded from a
  685  portion of the revenues derived from statutory fines, fees,
  686  service charges, and costs collected by the clerks of the court.
  687         (2) Beginning November 1, 2013, that portion of all fines,
  688  fees, service charges, and costs collected by the clerks of the
  689  court for the previous month which is in excess of one-twelfth
  690  of the clerks’ total budget for the performance of court-related
  691  functions shall be remitted to the Department of Revenue for
  692  deposit into the Clerks of the Court Trust Fund. Such
  693  collections do not include funding received for the operation of
  694  the Title IV-D child support collections and disbursement
  695  program. The clerk of the court shall remit the revenues
  696  collected during the previous month due to the state on or
  697  before the 10th day of each month.
  698         (3) No later than January 25, 2015, and each January 25
  699  thereafter for the previous county fiscal year, the clerks of
  700  court, in consultation with the Florida Clerks of Court
  701  Operations Corporation, shall remit to the Department of Revenue
  702  for deposit in the General Revenue Fund the cumulative excess of
  703  all fines, fees, service charges, and costs retained by the
  704  clerks of the court, plus any funds received by the clerks of
  705  the court from the Clerks of the Court Trust Fund under s.
  706  28.36(3), which exceed the amount needed to meet their
  707  authorized budget amounts established under s. 28.35. The
  708  Department of Revenue shall transfer from the Clerks of Court
  709  Trust Fund to the General Revenue Fund the cumulative excess of
  710  all fines, fees, service charges, and costs submitted by the
  711  clerks of court pursuant to subsection (2). However, if the
  712  official estimate for funds accruing to the clerks of court made
  713  by the Revenue Estimating Conference for the current fiscal year
  714  or the next fiscal year is less than the cumulative amount of
  715  authorized budgets for the clerks of court for the current
  716  fiscal year, the Department of Revenue shall retain in the
  717  Clerks of the Court Trust Fund the estimated amount needed to
  718  fully fund the clerks of court for the current and next fiscal
  719  year based upon the current budget established under s. 28.35.
  720         (4) The Department of Revenue shall collect any funds that
  721  the Florida Clerks of Court Operations Corporation determines
  722  upon investigation were due but not remitted to the Department
  723  of Revenue. The corporation shall notify the clerk of the court
  724  and the Department of Revenue of the amount due to the
  725  Department of Revenue. The clerk of the court shall remit the
  726  amount due no later than the 10th day of the month following the
  727  month in which notice is provided by the corporation to the
  728  clerk of the court.
  729         (5)(2)Ten Except as otherwise provided in ss. 28.241 and
  730  34.041, all court-related fines, fees, service charges, and
  731  costs are considered state funds and shall be remitted by the
  732  clerk to the Department of Revenue for deposit into the Clerks
  733  of the Court Trust Fund within the Justice Administrative
  734  Commission. However, 10 percent of all court-related fines
  735  collected by the clerk, except for penalties or fines
  736  distributed to counties or municipalities under s.
  737  316.0083(1)(b)3. or s. 318.18(15)(a), shall be deposited into
  738  the clerk’s Public Records Modernization Trust Fund to be used
  739  exclusively for additional clerk court-related operational needs
  740  and program enhancements.
  741         Section 9. Paragraph (b) of subsection (1) of section
  742  34.041, Florida Statutes, is amended, and paragraph (a) of that
  743  subsection is republished, to read:
  744         34.041 Filing fees.—
  745         (1)(a) Filing fees are due at the time a party files a
  746  pleading to initiate a proceeding or files a pleading for
  747  relief. Reopen fees are due at the time a party files a pleading
  748  to reopen a proceeding if at least 90 days have elapsed since
  749  the filing of a final order or final judgment with the clerk. If
  750  a fee is not paid upon the filing of the pleading as required
  751  under this section, the clerk shall pursue collection of the fee
  752  pursuant to s. 28.246. Upon the institution of any civil action,
  753  suit, or proceeding in county court, the party shall pay the
  754  following filing fee, not to exceed:
  755         1. For all claims less than $100.....................$50.
  756         2. For all claims of $100 or more but not more than $500$75.
  757         3. For all claims of more than $500 but not more than
  758  $2,500.....................................................$170.
  759         4. For all claims of more than $2,500...............$295.
  760         5. In addition, for all proceedings of garnishment,
  761  attachment, replevin, and distress..........................$85.
  762         6. Notwithstanding subparagraphs 3. and 5., for all claims
  763  of not more than $1,000 filed simultaneously with an action for
  764  replevin of property that is the subject of the claim......$125.
  765         7. For removal of tenant action.....................$180.
  766  
  767  The filing fee in subparagraph 6. is the total fee due under
  768  this paragraph for that type of filing, and no other filing fee
  769  under this paragraph may be assessed against such a filing.
  770         (b) The first $80 of the filing fee collected under
  771  subparagraph (a)4. shall be remitted to the Department of
  772  Revenue for deposit into the General Revenue Fund. The next $15
  773  of the filing fee collected under subparagraph (a)4., and the
  774  first $10 of the filing fee collected under subparagraph (a)7.,
  775  shall be deposited in the State Courts Revenue Trust Fund. By
  776  the 10th day of each month, the clerk shall submit that portion
  777  of the fees collected in the previous month which is in excess
  778  of one-twelfth of the clerk’s total budget for the performance
  779  of court-related functions to the Department of Revenue for
  780  deposit into the Clerks of the Court Trust Fund. An additional
  781  filing fee of $4 shall be paid to the clerk. The clerk shall
  782  transfer $3.50 to the Department of Revenue for deposit into the
  783  Court Education Trust Fund and shall transfer 50 cents to the
  784  Department of Revenue for deposit into the Administrative Clerks
  785  of the Court Trust Fund within the Department of Financial
  786  Services Justice Administrative Commission to fund clerk
  787  education provided by the Florida Clerks of Court Operations
  788  Corporation. Postal charges incurred by the clerk of the county
  789  court in making service by mail on defendants or other parties
  790  shall be paid by the party at whose instance service is made.
  791  Except as provided in this section herein, filing fees and
  792  service charges for performing duties of the clerk relating to
  793  the county court shall be as provided in ss. 28.24 and 28.241.
  794  Except as otherwise provided in this section herein, all filing
  795  fees shall be retained as fee income of the office of the clerk
  796  of the circuit court remitted to the Department of Revenue for
  797  deposit into the Clerks of the Court Trust Fund within the
  798  Justice Administrative Commission. Filing fees imposed by this
  799  section may not be added to any penalty imposed by chapter 316
  800  or chapter 318.
  801         Section 10. Subsection (5) of section 43.16, Florida
  802  Statutes, is amended to read:
  803         43.16 Justice Administrative Commission; membership, powers
  804  and duties.—
  805         (5) The duties of the commission shall include, but not be
  806  limited to, the following:
  807         (a) The maintenance of a central state office for
  808  administrative services and assistance when possible to and on
  809  behalf of the state attorneys and public defenders of Florida,
  810  the capital collateral regional counsel of Florida, the criminal
  811  conflict and civil regional counsel, and the Guardian Ad Litem
  812  Program, and the Florida Clerks of Court Operations Corporation.
  813         (b) Each state attorney, public defender, and criminal
  814  conflict and civil regional counsel and, the Guardian Ad Litem
  815  Program, and the Florida Clerks of Court Operations Corporation
  816  shall continue to prepare necessary budgets, vouchers that
  817  represent valid claims for reimbursement by the state for
  818  authorized expenses, and other things incidental to the proper
  819  administrative operation of the office, such as revenue
  820  transmittals to the Chief Financial Officer and automated
  821  systems plans, but will forward such items same to the
  822  commission for recording and submission to the proper state
  823  officer. However, when requested by a state attorney, a public
  824  defender, a criminal conflict and civil regional counsel, or the
  825  Guardian Ad Litem Program, the commission will either assist in
  826  the preparation of budget requests, voucher schedules, and other
  827  forms and reports or accomplish the entire project involved.
  828         Section 11. Paragraph (x) of subsection (2) of section
  829  110.205, Florida Statutes, is amended to read:
  830         110.205 Career service; exemptions.—
  831         (2) EXEMPT POSITIONS.—The exempt positions that are not
  832  covered by this part include the following:
  833         (x) All officers and employees of the Justice
  834  Administrative Commission, Office of the State Attorney, Office
  835  of the Public Defender, regional offices of capital collateral
  836  counsel, offices of criminal conflict and civil regional
  837  counsel, and Statewide Guardian Ad Litem Office, including the
  838  circuit guardian ad litem programs and the Florida Clerks of
  839  Court Operations Corporation.
  840         Section 12. Section 142.01, Florida Statutes, is amended to
  841  read:
  842         142.01 Fine and forfeiture fund; disposition of revenue;
  843  clerk of the circuit court.—
  844         (1) There shall be established by the clerk of the circuit
  845  court in each county of this state a separate fund to be known
  846  as the fine and forfeiture fund for use by the clerk of the
  847  circuit court in performing court-related functions. The fund
  848  shall consist of the following:
  849         (a) Fines and penalties pursuant to ss. 28.2402(2),
  850  34.045(2), 316.193, 327.35, 327.72, 379.2203(1), and 775.083(1).
  851         (b) That portion of civil penalties directed to this fund
  852  pursuant to s. 318.21.
  853         (c) Court costs pursuant to ss. 28.2402(1)(b),
  854  34.045(1)(b), 318.14(10)(b), 318.18(11)(a), 327.73(9)(a) and
  855  (11)(a), and 938.05(3).
  856         (d) Proceeds from forfeited bail bonds, unclaimed bonds,
  857  unclaimed moneys, or recognizances pursuant to ss. 321.05(4)(a),
  858  379.2203(1), and 903.26(3)(a).
  859         (e) Fines and forfeitures pursuant to s. 34.191.
  860         (f) Filing fees received pursuant to ss. 28.241 and 34.041,
  861  unless the disposition of such fees is otherwise required by
  862  law.
  863         (g)(f) All other revenues received by the clerk as revenue
  864  authorized by law to be retained by the clerk.
  865         (2) All revenues received by the clerk in the fine and
  866  forfeiture fund from court-related fees, fines, costs, and
  867  service charges are considered state funds and shall be remitted
  868  monthly to the Department of Revenue for deposit into the Clerks
  869  of the Court Trust Fund within the Justice Administrative
  870  Commission.
  871         (2)(3) Notwithstanding the provisions of this section, all
  872  fines and forfeitures arising from operation of the provisions
  873  of s. 318.1215 shall be disbursed in accordance with that
  874  section.
  875         Section 13. Section 213.131, Florida Statutes, is amended
  876  to read:
  877         213.131 Clerks of the Court Trust Fund within the
  878  Department of Revenue Justice Administrative Commission.—The
  879  Clerks of the Court Trust Fund is created within the Department
  880  of Revenue Justice Administrative Commission.
  881         Section 14. Subsection (2) of section 215.22, Florida
  882  Statutes, is amended to read:
  883         215.22 Certain income and certain trust funds exempt.—
  884         (2) Moneys and income of a revenue nature shared with
  885  political subdivisions or received from taxes or fees authorized
  886  to be levied by any political subdivision, including moneys from
  887  service charges, fees, costs, and fines deposited into the
  888  Clerks of the Court Trust Fund within the Department of Revenue,
  889  shall be exempt from the deduction required by s. 215.20(1).
  890         Section 15. Paragraph (qq) of subsection (1) of section
  891  216.011, Florida Statutes, is amended to read:
  892         216.011 Definitions.—
  893         (1) For the purpose of fiscal affairs of the state,
  894  appropriations acts, legislative budgets, and approved budgets,
  895  each of the following terms has the meaning indicated:
  896         (qq) “State agency” or “agency” means any official,
  897  officer, commission, board, authority, council, committee, or
  898  department of the executive branch of state government. For
  899  purposes of this chapter and chapter 215, “state agency” or
  900  “agency” includes, but is not limited to, state attorneys,
  901  public defenders, criminal conflict and civil regional counsel,
  902  capital collateral regional counsel, the Florida Clerks of Court
  903  Operations Corporation, the Justice Administrative Commission,
  904  the Florida Housing Finance Corporation, and the Florida Public
  905  Service Commission. Solely for the purposes of implementing s.
  906  19(h), Art. III of the State Constitution, the terms “state
  907  agency” or “agency” include the judicial branch.
  908         Section 16. For the period of July 1, 2013, through
  909  September 30, 2013, the clerks of the court are permitted to
  910  spend $110,845,078 of their total collected revenues and the
  911  Florida Clerks of Court Operations Corporation is permitted to
  912  spend $405,412 of the revenues collected to fund the
  913  corporation’s contract with the Department of Financial Services
  914  pursuant to s. 27.35(4), Florida Statutes. The Florida Clerks of
  915  Court Operations Corporation shall determine budget amounts for
  916  the individual clerks for that period. For the county fiscal
  917  year beginning October 1, 2013, and ending September 30, 2014,
  918  the clerks of the court are permitted to spend $443,380,312 of
  919  their total collected revenues and the Florida Clerks of Court
  920  Operations Corporation is permitted to spend $1,621,648 of the
  921  revenues collected to fund the corporation’s contract with the
  922  Department of Financial Services pursuant to s. 27.35(4),
  923  Florida Statutes. The Florida Clerks of Court Operations
  924  Corporation shall determine budget amounts for the individual
  925  clerks for that period.
  926         Section 17. Notwithstanding the requirement in s. 28.245,
  927  Florida Statutes, that all moneys collected by the clerks of
  928  court be distributed pursuant to the law in effect at the time
  929  of collection, the modifications in the distribution of moneys
  930  made in sections 3, 9, and 12 of this act shall be applied to
  931  moneys collected during June 2013. This section shall take
  932  effect upon becoming law.
  933         Section 18. Except as otherwise expressly provided in this
  934  act and except for this section, which shall take effect upon
  935  this act becoming a law, this act shall take effect July 1,
  936  2013.