Florida Senate - 2019                                    SB 1076
       
       
        
       By Senator Brandes
       
       
       
       
       
       24-00798-19                                           20191076__
    1                        A bill to be entitled                      
    2         An act relating to clerks of the circuit court;
    3         amending s. 28.35, F.S.; providing that funds
    4         available for budgets of the clerks of the court
    5         include certain revenues from the previous year,
    6         budget amendments, and appropriated funds; revising
    7         the approval process for proposed budgets; expanding
    8         the duties of the Florida Clerks of Court Operations
    9         Corporation to include certifying certain variances,
   10         preparing and submitting budget requests to the
   11         Legislature, requesting certain amendments, requesting
   12         the Governor to order the transfer of certain moneys,
   13         and prescribing certain forms; adding certain costs to
   14         the list of court-related functions that clerks may
   15         fund; amending s. 28.36, F.S.; revising the
   16         requirements to which a proposed budget by the clerks
   17         of the court must conform; requiring the corporation
   18         to certify certain revenue needs to the Governor and
   19         the Legislature; revising when the corporation may
   20         approve increases or decreases to previously
   21         authorized budgets; amending s. 28.37, F.S.; requiring
   22         the Department of Revenue to deposit certain remitted
   23         funds in the Clerks of the Court Trust Fund rather
   24         than the General Revenue Fund; requiring the
   25         corporation to certify certain estimates for funds and
   26         certain unspent funds; requiring the department to
   27         review such certification of unspent funds; amending
   28         ss. 57.081, 57.082, 394.459, 394.463, 394.467,
   29         394.917, 397.6814, and 790.401, F.S.; authorizing the
   30         clerks of the circuit court to submit certified
   31         requests for reimbursement to the corporation for
   32         certain waived costs or fees; requiring the
   33         corporation to certify the amounts of reimbursement to
   34         the department and request release authority for funds
   35         from the Clerks of the Court Trust Fund; amending ss.
   36         741.30 and 784.0485, F.S.; revising the reimbursement
   37         process for the clerks of the circuit court for
   38         petitions for protection against domestic violence and
   39         petitions for protection against stalking,
   40         respectively; requiring the corporation to certify the
   41         amounts of reimbursement to the department and request
   42         release authority for funds from the Clerks of the
   43         Court Trust Fund; providing an appropriation;
   44         providing an effective date.
   45          
   46  Be It Enacted by the Legislature of the State of Florida:
   47  
   48         Section 1. Paragraph (f) of subsection (2) and paragraph
   49  (a) of subsection (3) of section 28.35, Florida Statutes, are
   50  amended, and paragraphs (i) through (m) are added to subsection
   51  (2) of that section, to read:
   52         28.35 Florida Clerks of Court Operations Corporation.—
   53         (2) The duties of the corporation shall include the
   54  following:
   55         (f) Approving the proposed budgets submitted by clerks of
   56  the court for the following county fiscal year pursuant to s.
   57  28.36. The corporation must ensure that the total combined
   58  budgets of the clerks of the court do not exceed the total of
   59  the estimated revenues available for court-related expenditures
   60  as determined by the most recent Revenue Estimating Conference,
   61  plus unspent revenues carried forward from the previous fiscal
   62  year, budget amendments, and appropriations made by law for the
   63  purpose of funding court-related functions. The corporation may
   64  amend any individual clerk of the court budget to ensure
   65  compliance with this paragraph and must consider performance
   66  measures, workload performance standards, workload measures, and
   67  expense data before modifying the budget. As part of this
   68  process, the corporation shall:
   69         1. Calculate the minimum amount of revenue necessary for
   70  each clerk of the court to efficiently perform the list of
   71  court-related functions specified in paragraph (3)(a). The
   72  corporation shall apply the workload measures appropriate for
   73  determining the individual level of review required to fund the
   74  clerk’s budget.
   75         2. Prepare a cost comparison of similarly situated clerks
   76  of the court, based on county population and numbers of filings,
   77  using the standard list of court-related functions specified in
   78  paragraph (3)(a).
   79         3. Conduct an annual base budget review and an annual
   80  budget exercise examining the total budget of each clerk of the
   81  court. The review shall examine revenues from all sources,
   82  expenses of court-related functions, and expenses of noncourt
   83  related functions as necessary to determine that court-related
   84  revenues are not being used for noncourt-related purposes. The
   85  review and exercise shall identify potential targeted budget
   86  reductions in the percentage amount provided in Schedule VIII-B
   87  of the state’s previous year’s legislative budget instructions,
   88  as referenced in s. 216.023(3), or an equivalent schedule or
   89  instruction as may be adopted by the Legislature.
   90         4. Identify those proposed budgets containing funding for
   91  items not included on the standard list of court-related
   92  functions specified in paragraph (3)(a).
   93         5. Identify those clerks projected to have court-related
   94  revenues insufficient to fund their anticipated court-related
   95  expenditures.
   96         6. Use revenue estimates based on the official estimate for
   97  funds accruing to the clerks of the court, as authorized by law,
   98  made by the Revenue Estimating Conference, as well as any
   99  unspent revenues carried forward from the previous fiscal year,
  100  budget amendments, and appropriations made for the purpose of
  101  funding court-related functions. However, the corporation must
  102  certify any budget needs determined pursuant to law which are in
  103  excess of the official estimate to ensure that such budget needs
  104  fund only the court-related functions specified in paragraph
  105  (3)(a). The total combined budgets of the clerks of the court
  106  may not exceed the revenue estimates established by the most
  107  recent Revenue Estimating Conference.
  108         7. Identify pay and benefit increases in any proposed clerk
  109  budget, including, but not limited to, cost of living increases,
  110  merit increases, and bonuses.
  111         8. Identify increases in anticipated expenditures in any
  112  clerk budget that exceeds the current year budget by more than 3
  113  percent.
  114         9. Identify the budget of any clerk which exceeds the
  115  average budget of similarly situated clerks by more than 10
  116  percent.
  117         10.Estimate the additional budget authority necessary to
  118  pay the cost of performing new or additional functions required
  119  by changes in law or court rule, the cost of supporting
  120  increases in the number of judges or magistrates authorized by
  121  the Legislature, the cost of increases in the use of hearing
  122  officers and senior judges assigned by the courts, and the cost
  123  of supporting increases in the use of hearing officers and
  124  senior judges assigned by the courts.
  125         11. Estimate the amount, if any, of total funds estimated
  126  to be available at the beginning of the fiscal year, up to 1
  127  percent of the approved budget authority, to be reserved. Such
  128  estimate must be based on estimates of changes in budget
  129  authority that may be required during the fiscal year pursuant
  130  to s. 28.36(4). Midyear revenue increases may be reserved
  131  without limit. Quarterly, the corporation shall certify to the
  132  Department of Revenue the amount of total funds reserved.
  133         (i)Certifying to the Legislature, if the corporation
  134  determines that the cumulative budget for all clerks will vary
  135  by more than 5 percent from the approved cumulative budget for
  136  the previous year, the specific causes for the variance, the
  137  revenues or costs associated with each variance, and how each
  138  variance relates to the clerks’ responsibilities in performing
  139  their court-related functions.
  140         (j) Preparing and submitting legislative budget requests to
  141  the Legislature, consistent with the requirements of s. 216.023.
  142  Such requests must be submitted for any fiscal year for which
  143  the corporation determines that new duties or financial
  144  obligations under s. 28.36(4), beyond those funded in prior
  145  fiscal years, have been imposed on the court-related functions
  146  of clerks of the court; and for any fiscal year for which the
  147  corporation determines that the total estimated revenues
  148  available for court-related expenditures as determined by the
  149  most recent Revenue Estimating Conference, unspent revenues
  150  carried forward from the previous fiscal year, and budget
  151  amendments and appropriations made by law for the purpose of
  152  funding court-related functions will be inadequate to provide
  153  funding for court-related functions of clerks of the court at
  154  the current level of operations.
  155         (k) Requesting amendments to the approved operating budget,
  156  pursuant to s. 216.181.
  157         (l)Requesting the Governor to order, pursuant to s.
  158  215.18(1), a temporary transfer of moneys from unobligated funds
  159  in the State Treasury to the Clerks of the Court Trust Fund in
  160  the Department of Revenue in order to meet temporary
  161  deficiencies in that fund.
  162         (m) Prescribing the form and manner for clerks to submit
  163  requests for reimbursement for actions that are exempt from fees
  164  and other costs, which are eligible for reimbursement from state
  165  funds, and for which the Legislature has appropriated funds.
  166         (3)(a) The list of court-related functions that clerks may
  167  fund from filing fees, service charges, costs, and fines is
  168  limited to those functions expressly authorized by law or court
  169  rule. Those functions include the following: case maintenance;
  170  records management; court preparation and attendance; processing
  171  the assignment, reopening, and reassignment of cases; processing
  172  of appeals; collection and distribution of fines, fees, service
  173  charges, and court costs; processing of bond forfeiture
  174  payments; data collection and reporting; determinations of
  175  indigent status; technology costs directly associated with
  176  court-related functions; due-process and jury-related costs not
  177  reimbursed pursuant to s. 40.29; and paying reasonable
  178  administrative support costs to enable the clerk of the court to
  179  carry out these court-related functions.
  180         Section 2. Paragraph (b) of subsection (2) and subsection
  181  (4) of section 28.36, Florida Statutes, are amended to read:
  182         28.36 Budget procedure.—There is established a budget
  183  procedure for the court-related functions of the clerks of the
  184  court.
  185         (2) Each proposed budget shall further conform to the
  186  following requirements:
  187         (b)1. The proposed budget must be balanced such that the
  188  total of the estimated revenues available equals or exceeds the
  189  total of the anticipated expenditures. Such revenues include
  190  revenue projected to be received from fees, service charges,
  191  costs, and fines for court-related functions during the fiscal
  192  period covered by the budget; unspent revenues carried forward
  193  from the previous fiscal year; budget amendments; and
  194  appropriations made for the purpose of funding court-related
  195  functions. The anticipated expenditures must be itemized as
  196  required by the corporation.
  197         2. If the corporation determines that the clerks’ total
  198  anticipated expenditures exceed the clerks’ total estimated
  199  revenues established by the total of the most recent Revenue
  200  Estimating Conference plus unspent revenues carried forward from
  201  the previous fiscal year, budget amendments, and appropriations
  202  for the purpose of funding court-related functions, the
  203  corporation must certify the additional amount necessary to fund
  204  anticipated expenditures to the Governor, the President of the
  205  Senate, and the Speaker of the House of Representatives.
  206         (4) The corporation may approve increases or decreases to
  207  the previously authorized budgets approved for individual clerks
  208  of the court pursuant to s. 28.35 for court-related functions,
  209  if:
  210         (a) The additional budget authority is necessary to pay the
  211  cost of performing new or additional functions required by
  212  changes in law or court rule, by an impact resulting from
  213  financial obligations imposed on court-related functions by a
  214  county or by administrative order of a circuit court or the
  215  Supreme Court, or by order of a federal or state court; or
  216         (b) The additional budget authority is necessary to pay the
  217  cost of supporting increases in the number of judges or
  218  magistrates authorized by the Legislature, or by increases in
  219  the use of hearing officers and senior judges assigned by the
  220  courts.
  221         Section 3. Subsection (3) of section 28.37, Florida
  222  Statutes, is amended to read:
  223         28.37 Fines, fees, service charges, and costs remitted to
  224  the state.—
  225         (3) Each year, no later than January 25, 2015, and Each
  226  January 25 thereafter for the previous county fiscal year, the
  227  clerks of court, in consultation with the Florida Clerks of
  228  Court Operations Corporation, shall remit to the Department of
  229  Revenue for deposit in the Clerks of the Court Trust Fund
  230  General Revenue Fund the cumulative excess of all fines, fees,
  231  service charges, and costs retained by the clerks of the court,
  232  plus any funds received by the clerks of the court from the
  233  Clerks of the Court Trust Fund under s. 28.36(3), which exceed
  234  the amount needed to meet their authorized budget amounts
  235  established under s. 28.35. The Florida Clerks of Court
  236  Operations Corporation shall certify The Department of Revenue
  237  shall transfer from the Clerks of Court Trust Fund to the
  238  General Revenue Fund the cumulative excess of all fines, fees,
  239  service charges, and costs submitted by the clerks of court
  240  pursuant to subsection (2). However, if the most recent official
  241  estimate for funds accruing to the clerks of court made by the
  242  Revenue Estimating Conference for the current fiscal year or the
  243  next fiscal year is less than the cumulative amount of
  244  authorized budgets for the clerks of court for the current
  245  fiscal year. The Florida Clerks of Court Operations Corporation
  246  shall also certify, and the Department of Revenue shall review,
  247  the amounts of unspent funds retained by clerks for the previous
  248  county fiscal year, unspent funds remaining in the Clerks of the
  249  Court Trust Fund for the previous county fiscal year, funds
  250  certified pursuant to s. 28.36(2)(b), and deficits between
  251  budgets and estimated revenues for the current fiscal year and
  252  the next fiscal year, the Department of Revenue shall retain in
  253  the Clerks of the Court Trust Fund the estimated amount needed
  254  to fully fund the clerks of court for the current and next
  255  fiscal year based upon the current budget established under s.
  256  28.35.
  257         Section 4. Subsection (1) of section 57.081, Florida
  258  Statutes, is amended to read:
  259         57.081 Costs; right to proceed where prepayment of costs
  260  and payment of filing fees waived.—
  261         (1) Any indigent person, except a prisoner as defined in s.
  262  57.085, who is a party or intervenor in any judicial or
  263  administrative agency proceeding or who initiates such
  264  proceeding shall receive the services of the courts, sheriffs,
  265  and clerks, with respect to such proceedings, despite his or her
  266  present inability to pay for these services. Such services are
  267  limited to filing fees; service of process; certified copies of
  268  orders or final judgments; a single photocopy of any court
  269  pleading, record, or instrument filed with the clerk; examining
  270  fees; mediation services and fees; private court-appointed
  271  counsel fees; subpoena fees and services; service charges for
  272  collecting and disbursing funds; and any other cost or service
  273  arising out of pending litigation. In any appeal from an
  274  administrative agency decision, for which the clerk is
  275  responsible for preparing the transcript, the clerk shall record
  276  the cost of preparing the transcripts and the cost for copies of
  277  any exhibits in the record. A party who has obtained a
  278  certification of indigence pursuant to s. 27.52 or s. 57.082
  279  with respect to a proceeding is not required to prepay costs to
  280  a court, clerk, or sheriff and is not required to pay filing
  281  fees or charges for issuance of a summons. However, subject to
  282  legislative appropriation, the clerk of the circuit court may,
  283  on a quarterly basis, submit to the Florida Clerks of Court
  284  Operations Corporation a certified request for reimbursement for
  285  fees and costs waived under this subsection, at the rate of $195
  286  per case. Quarterly, the corporation shall certify the amount of
  287  the reimbursement to the Department of Revenue and request
  288  release authority for funds from the Clerks of the Court Trust
  289  Fund within the Department of Revenue.
  290         Section 5. Subsection (8) is added to section 57.082,
  291  Florida Statutes, to read:
  292         57.082 Determination of civil indigent status.—
  293         (8) Subject to legislative appropriation, the clerk of the
  294  circuit court may, on a quarterly basis, submit to the Florida
  295  Clerks of Court Operations Corporation a certified request for
  296  reimbursement for filing fees and prepayment of costs, or
  297  portions thereof, which were not paid based on a determination
  298  of indigency pursuant to this section, at the rate of $195 per
  299  case. Quarterly, the corporation shall certify the amount of the
  300  reimbursement to the Department of Revenue and request release
  301  authority for funds from the Clerks of the Court Trust Fund
  302  within the Department of Revenue.
  303         Section 6. Paragraph (d) of subsection (8) of section
  304  394.459, Florida Statutes, is amended to read:
  305         394.459 Rights of patients.—
  306         (8) HABEAS CORPUS.—
  307         (d) No fee shall be charged for the filing of a petition
  308  under this subsection. However, subject to legislative
  309  appropriations, the clerk of the circuit court may, on a
  310  quarterly basis, submit to the Florida Clerks of Court
  311  Operations Corporation a certified request for reimbursement for
  312  petitions for writ of habeas corpus, at the rate of $195 per
  313  petition. Quarterly, the corporation shall certify the amount of
  314  the reimbursement to the Department of Revenue and request
  315  release authority for funds from the Clerks of the Court Trust
  316  Fund within the Department of Revenue.
  317         Section 7. Paragraph (a) of subsection (2) of section
  318  394.463, Florida Statutes, is amended to read:
  319         394.463 Involuntary examination.—
  320         (2) INVOLUNTARY EXAMINATION.—
  321         (a) An involuntary examination may be initiated by any one
  322  of the following means:
  323         1. A circuit or county court may enter an ex parte order
  324  stating that a person appears to meet the criteria for
  325  involuntary examination and specifying the findings on which
  326  that conclusion is based. The ex parte order for involuntary
  327  examination must be based on written or oral sworn testimony
  328  that includes specific facts that support the findings. If other
  329  less restrictive means are not available, such as voluntary
  330  appearance for outpatient evaluation, a law enforcement officer,
  331  or other designated agent of the court, shall take the person
  332  into custody and deliver him or her to an appropriate, or the
  333  nearest, facility within the designated receiving system
  334  pursuant to s. 394.462 for involuntary examination. The order of
  335  the court shall be made a part of the patient’s clinical record.
  336  A fee may not be charged for the filing of an order under this
  337  subsection. However, subject to legislative appropriations, the
  338  clerk of the circuit court may, on a quarterly basis, submit to
  339  the Florida Clerks of Court Operations Corporation a certified
  340  request for reimbursement for ex parte orders for involuntary
  341  examination filed pursuant to this subsection, at the rate of
  342  $195 per petition. Quarterly, the corporation shall certify the
  343  amount of the reimbursement to the Department of Revenue and
  344  request release authority for funds from the Clerks of the Court
  345  Trust Fund within the Department of Revenue. A facility
  346  accepting the patient based on this order must send a copy of
  347  the order to the department the next working day. The order may
  348  be submitted electronically through existing data systems, if
  349  available. The order shall be valid only until the person is
  350  delivered to the facility or for the period specified in the
  351  order itself, whichever comes first. If no time limit is
  352  specified in the order, the order shall be valid for 7 days
  353  after the date that the order was signed.
  354         2. A law enforcement officer shall take a person who
  355  appears to meet the criteria for involuntary examination into
  356  custody and deliver the person or have him or her delivered to
  357  an appropriate, or the nearest, facility within the designated
  358  receiving system pursuant to s. 394.462 for examination. The
  359  officer shall execute a written report detailing the
  360  circumstances under which the person was taken into custody,
  361  which must be made a part of the patient’s clinical record. Any
  362  facility accepting the patient based on this report must send a
  363  copy of the report to the department the next working day.
  364         3. A physician, clinical psychologist, psychiatric nurse,
  365  mental health counselor, marriage and family therapist, or
  366  clinical social worker may execute a certificate stating that he
  367  or she has examined a person within the preceding 48 hours and
  368  finds that the person appears to meet the criteria for
  369  involuntary examination and stating the observations upon which
  370  that conclusion is based. If other less restrictive means, such
  371  as voluntary appearance for outpatient evaluation, are not
  372  available, a law enforcement officer shall take into custody the
  373  person named in the certificate and deliver him or her to the
  374  appropriate, or nearest, facility within the designated
  375  receiving system pursuant to s. 394.462 for involuntary
  376  examination. The law enforcement officer shall execute a written
  377  report detailing the circumstances under which the person was
  378  taken into custody. The report and certificate shall be made a
  379  part of the patient’s clinical record. Any facility accepting
  380  the patient based on this certificate must send a copy of the
  381  certificate to the department the next working day. The document
  382  may be submitted electronically through existing data systems,
  383  if applicable.
  384         Section 8. Subsection (3) of section 394.467, Florida
  385  Statutes, is amended to read:
  386         394.467 Involuntary inpatient placement.—
  387         (3) PETITION FOR INVOLUNTARY INPATIENT PLACEMENT.—The
  388  administrator of the facility shall file a petition for
  389  involuntary inpatient placement in the court in the county where
  390  the patient is located. Upon filing, the clerk of the court
  391  shall provide copies to the department, the patient, the
  392  patient’s guardian or representative, and the state attorney and
  393  public defender of the judicial circuit in which the patient is
  394  located. A fee may not be charged for the filing of a petition
  395  under this subsection. However, subject to legislative
  396  appropriations, the clerk of the circuit court may, on a
  397  quarterly basis, submit to the Florida Clerks of Court
  398  Operations Corporation a certified request for reimbursement for
  399  petitions for involuntary inpatient placement filed pursuant to
  400  this subsection, at the rate of $195 per petition. Quarterly,
  401  the corporation shall certify the amount of the reimbursement to
  402  the Department of Revenue and request release authority for
  403  funds from the Clerks of the Court Trust Fund within the
  404  Department of Revenue.
  405         Section 9. Subsection (3) of section 394.917, Florida
  406  Statutes, is amended to read:
  407         394.917 Determination; commitment procedure; mistrials;
  408  housing; counsel and costs in indigent appellate cases.—
  409         (3) The public defender of the circuit in which a person
  410  was determined to be a sexually violent predator shall be
  411  appointed to represent the person on appeal. That public
  412  defender may request the public defender who handles criminal
  413  appeals for the circuit to represent the person on appeal in the
  414  manner provided in s. 27.51(4). If the public defender is unable
  415  to represent the person on appeal due to a conflict, the court
  416  shall appoint other counsel, who shall be compensated at a rate
  417  not less than that provided for appointed counsel in criminal
  418  cases. Filing fees for indigent appeals under this act are
  419  waived. Costs and fees related to such appeals, including the
  420  amounts paid for records, transcripts, and compensation of
  421  appointed counsel, shall be authorized by the trial court and
  422  paid from state funds that are appropriated for such purposes.
  423  However, subject to legislative appropriations, the clerk of the
  424  circuit court may, on a quarterly basis, submit to the Florida
  425  Clerks of Court Operations Corporation a certified request for
  426  reimbursement for filing fees for indigent appeals, at the rate
  427  of $195 per appeal. Quarterly, the corporation shall certify the
  428  amount of the reimbursement to the Department of Revenue and
  429  request release authority for funds from the Clerks of the Court
  430  Trust Fund within the Department of Revenue.
  431         Section 10. Section 397.6814, Florida Statutes, is amended
  432  to read:
  433         397.6814 Involuntary assessment and stabilization; contents
  434  of petition.—A petition for involuntary assessment and
  435  stabilization must contain the name of the respondent, the name
  436  of the applicant or applicants, the relationship between the
  437  respondent and the applicant, and the name of the respondent’s
  438  attorney, if known, and must state facts to support the need for
  439  involuntary assessment and stabilization, including:
  440         (1) The reason for the petitioner’s belief that the
  441  respondent is substance abuse impaired;
  442         (2) The reason for the petitioner’s belief that because of
  443  such impairment the respondent has lost the power of self
  444  control with respect to substance abuse; and
  445         (3)(a) The reason the petitioner believes that the
  446  respondent has inflicted or is likely to inflict physical harm
  447  on himself or herself or others unless admitted; or
  448         (b) The reason the petitioner believes that the
  449  respondent’s refusal to voluntarily receive care is based on
  450  judgment so impaired by reason of substance abuse that the
  451  respondent is incapable of appreciating his or her need for care
  452  and of making a rational decision regarding that need for care.
  453  If the respondent has refused to submit to an assessment, such
  454  refusal must be alleged in the petition.
  455  
  456  A fee may not be charged for the filing of a petition pursuant
  457  to this section. However, subject to legislative appropriations,
  458  the clerk of the circuit court may, on a quarterly basis, submit
  459  to the Florida Clerks of Court Operations Corporation a
  460  certified request for reimbursement for petitions for
  461  involuntary assessment and stabilization filed pursuant to this
  462  section, at the rate of $195 per petition. Quarterly, the
  463  corporation shall certify the amount of the reimbursement to the
  464  Department of Revenue and request release authority for funds
  465  from the Clerks of the Court Trust Fund within the Department of
  466  Revenue.
  467         Section 11. Paragraph (h) of subsection (2) of section
  468  790.401, Florida Statutes, is amended to read:
  469         790.401 Risk protection orders.—
  470         (2) PETITION FOR A RISK PROTECTION ORDER.—There is created
  471  an action known as a petition for a risk protection order.
  472         (h) A court or a public agency may not charge fees for
  473  filing or for service of process to a petitioner seeking relief
  474  under this section and must provide the necessary number of
  475  certified copies, forms, and instructional brochures free of
  476  charge. However, subject to legislative appropriations, the
  477  clerk of the circuit court may, on a quarterly basis, submit to
  478  the Florida Clerks of Court Operations Corporation a certified
  479  request for reimbursement for petitions for risk protection
  480  orders, at the rate of $195 per petition. Quarterly, the
  481  corporation shall certify the amount of the reimbursement to the
  482  Executive Office of the Governor and request release authority
  483  for funds from the Clerks of the Court Trust Fund within the
  484  Department of Revenue.
  485         Section 12. Paragraph (a) of subsection (2) of section
  486  741.30, Florida Statutes, is amended to read:
  487         741.30 Domestic violence; injunction; powers and duties of
  488  court and clerk; petition; notice and hearing; temporary
  489  injunction; issuance of injunction; statewide verification
  490  system; enforcement; public records exemption.—
  491         (2)(a) Notwithstanding any other provision of law, the
  492  assessment of a filing fee for a petition for protection against
  493  domestic violence is prohibited effective October 1, 2002.
  494  However, subject to legislative appropriation, the clerk of the
  495  circuit court may, on a quarterly basis, submit to the Florida
  496  Clerks of Court Operations Corporation Office of the State
  497  Courts Administrator a certified request for reimbursement for
  498  petitions for protection against domestic violence issued by the
  499  court, at the rate of $195 $40 per petition. The request for
  500  reimbursement shall be submitted in the form and manner
  501  prescribed by the Office of the State Courts Administrator.
  502  Quarterly, the corporation shall certify the amount of the
  503  reimbursement to the Department of Revenue and request release
  504  authority for funds from the Clerks of the Court Trust Fund
  505  within the Department of Revenue. From this reimbursement, the
  506  clerk shall pay any law enforcement agency serving the
  507  injunction the fee requested by the law enforcement agency;
  508  however, this fee shall not exceed $20.
  509         Section 13. Paragraph (a) of subsection (2) of section
  510  784.0485, Florida Statutes, is amended to read:
  511         784.0485 Stalking; injunction; powers and duties of court
  512  and clerk; petition; notice and hearing; temporary injunction;
  513  issuance of injunction; statewide verification system;
  514  enforcement.—
  515         (2)(a) Notwithstanding any other law, the clerk of court
  516  may not assess a filing fee to file a petition for protection
  517  against stalking. However, subject to legislative appropriation,
  518  the clerk of the circuit court may, on a quarterly basis, submit
  519  to the Florida Clerks of Court Operations Corporation Office of
  520  the State Courts Administrator a certified request for
  521  reimbursement for petitions for protection against stalking
  522  issued by the court, at the rate of $195 $40 per petition. The
  523  request for reimbursement shall be submitted in the form and
  524  manner prescribed by the Office of the State Courts
  525  Administrator. Quarterly, the corporation shall certify the
  526  amount of the reimbursement to the Department of Revenue and
  527  request release authority for funds from the Clerks of the Court
  528  Trust Fund within the Department of Revenue. From this
  529  reimbursement, the clerk shall pay any law enforcement agency
  530  serving the injunction the fee requested by the law enforcement
  531  agency; however, this fee may not exceed $20.
  532         Section 14. For the 2019-2020 fiscal year, the sum of
  533  $39,220,115 in recurring funds from the General Revenue Fund is
  534  appropriated to the Clerks of the Court Trust Fund within the
  535  Department of Revenue for certified requests for reimbursement
  536  of fees and other costs as provided for in this act.
  537         Section 15. This act shall take effect October 1, 2019.