The Florida Senate

28.37  Fines, fees, service charges, and costs remitted to the state.--

(1)  Pursuant to s. 14(b), Art. V of the State Constitution, selected salaries, costs, and expenses of the state courts system and court-related functions shall be funded from a portion of the revenues derived from statutory fines, fees, service charges, and costs collected by the clerks of the court.

(2)  Beginning August 1, 2004, except as otherwise provided in ss. 28.241 and 34.041, one-third of all fines, fees, service charges, and costs collected by the clerks of the court during the prior month for the performance of court-related functions shall be remitted to the Department of Revenue for deposit in the Department of Revenue Clerks of the Court Trust Fund. These collections do not include funding received for the operation of the Title IV-D child support collections and disbursement program. The clerk of the court shall remit the revenues collected during the prior month due to the state on or before the 20th day of each month. The Department of Revenue shall make a monthly transfer of the funds in the Department of Revenue Clerks of the Court Trust Fund that are not needed to resolve clerk of the court revenue deficits, as specified in s. 28.36, to the General Revenue Fund.

(3)  For the period of October 1, 2003, to June 30, 2004, those clerks operating as fee officers for court-related services shall determine the amount of fees collected and expenses generated for court-related services. Any excess fees generated during this period shall be remitted to the county on December 31, 2004. However, any billings for payment of due process services rendered before July 1, 2004, may be paid by the clerk from these funds. Due process services shall include, but not be limited to, court reporter services, court interpreter services, expert witness services, mental health evaluations, and court-appointed counsel services. In addition, any deficit experienced by the clerk for court-related services during the period from October 1, 2003, to June 30, 2004, shall be funded by the county.

(4)  Beginning January 1, 2005, for the period July 1, 2004, through September 30, 2004, and each January 1 thereafter for the preceding county fiscal year of October 1 through September 30, the clerk of the court must remit to the Department of Revenue for deposit in the General Revenue Fund the cumulative excess of all fees, service charges, court costs, and fines retained by the clerks of the court over the amount needed to meet the approved budget amounts established under s. 28.36

(5)  The Department of Revenue shall collect any funds that the corporation determines upon investigation were due on January 1 but not remitted to the department.

History.--s. 38, ch. 2003-402; s. 25, ch. 2004-265.