House Bill hb1937
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    Florida House of Representatives - 2001                HB 1937
        By the Procedural & Redistricting Council and
    Representative Byrd
  1                      A bill to be entitled
  2         An act relating to state revenues collected by
  3         court clerks; creating s. 213.13, F.S.;
  4         requiring electronic remittance of certain
  5         funds and information to the Department of
  6         Revenue; specifying sources of the funds to be
  7         electronically remitted; requiring the
  8         department to establish procedures for
  9         electronic transmittal of funds and return
10         information; granting the department electronic
11         access to specified funds for certain purposes;
12         amending ss. 27.52, 28.101, 28.2401, 28.241,
13         34.041, 44.108, 316.192, 318.14, 318.18,
14         318.21, 327.35, 327.73, 372.7015, 372.72,
15         382.022, 382.023, 569.11, 741.01, 775.0835,
16         938.01, 938.03, 938.04, 938.06, 938.07, 938.23,
17         938.25, 938.27, and 960.17, F.S., to conform;
18         providing for deposit by the Department of
19         Revenue of certain moneys into certain trust
20         funds and to certain agencies; providing for
21         remittance of all moneys collected by the court
22         clerks for the state to the Department of
23         Revenue for deposit into certain funds or to
24         certain agencies; authorizing Department of
25         Revenue to adopt necessary forms, rules, and
26         procedures; providing effective dates.
27
28  Be It Enacted by the Legislature of the State of Florida:
29
30         Section 1.  Section 213.13, Florida Statutes, is
31  created to read:
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  1         213.13  Electronic remittance and distribution of funds
  2  collected by court clerks.--
  3         (1)  Court clerks shall electronically remit to the
  4  Department of Revenue proceeds from the taxes imposed by
  5  chapters 199 and 201 and all other fees, fines,
  6  reimbursements, court costs, or other court-related funds that
  7  court clerks are required to remit to the state by law. Court
  8  clerks shall also submit return information with the
  9  electronic payments required by this section in a manner that
10  is initiated through electronic means.
11         (2)  Notwithstanding any other provision of law, the
12  Department of Revenue shall establish procedures for the
13  electronic transmittal of funds and associated return
14  information submitted by court clerks. These procedures shall
15  be developed jointly by the Department of Revenue and the
16  Florida Association of Court Clerks representing the court
17  clerks.  The department shall adopt rules necessary to
18  implement the procedures contained in this section. At a
19  minimum, the electronic remittance procedures shall include:
20         (a)  The prescribed reporting frequency and time period
21  for court clerks to remit such funds and the prescribed time
22  period in which the department is to electronically deposit
23  the funds received into the appropriate state and local funds
24  and accounts.
25         (b)  The electronic format and type of debit remittance
26  system to be used by court clerks to remit the funds to the
27  department.
28         (c)  The information that must be submitted with such
29  remittance.
30         (d)  The means of communication used to transmit the
31  required information.
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  1         (3)  To ensure that the Department of Revenue correctly
  2  and timely deposits the revenues received electronically from
  3  the court clerks, the agencies that are authorized by law to
  4  receive such revenue deposits shall grant the department
  5  electronic access to the appropriate agency funds and
  6  accounts.
  7         Section 2.  Notwithstanding any other provision of law,
  8  all moneys collected by court clerks for subsequent
  9  distribution to a state agency or to the Supreme Court shall
10  be transmitted to the Department of Revenue for appropriate
11  distribution. A uniform remittance form provided by the
12  Department of Revenue detailing the specific amounts due each
13  fund shall accompany such submittal.
14         Section 3.  Paragraphs (d) and (e) of subsection (1) of
15  section 27.52, Florida Statutes, are amended to read:
16         27.52  Determination of indigency.--
17         (1)
18         (d)  If the court finds that the accused person
19  applying for representation appears to be indigent based upon
20  the financial affidavit required under paragraph (f), the
21  court shall appoint the public defender or a conflict attorney
22  to provide representation.  If the application fee is not paid
23  prior to the disposition of the case, the clerk shall advise
24  the sentencing judge of this fact and the court shall:
25         1.  Assess the application fee as part of the sentence
26  or as a condition of probation; or
27         2.  Assess the application fee pursuant to s. 938.29.
28
29  If the indigency examiner finds discrepancies between the
30  financial affidavit and the examiner's investigation of
31  assets, the indigency examiner shall submit the information to
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  1  the court and the court shall determine whether the public
  2  defender or conflict attorney shall continue representation.
  3  The defendant may be heard regarding the information
  4  discovered by the indigency examiner. If the court, based on
  5  the information provided, determines that the defendant is not
  6  indigent, the court shall order that the public defender or
  7  conflict attorney discontinue representation. Notwithstanding
  8  any provision of law or local order to the contrary, the clerk
  9  of the court shall assign the first $40 of any court assessed
10  fees or costs that are paid by an indigent defendant to the
11  Indigent Criminal Defense Trust Fund as payment for the
12  application fee. In no event should a person who is found to
13  be indigent be refused counsel for failure to pay the fee.
14         (e)  All application fees shall be transferred monthly
15  by the clerk of the court to the Department of Revenue for
16  deposit into the Indigent Criminal Defense Trust Fund,
17  administered by the Justice Administrative Commission, to be
18  used to supplement the general revenue funds appropriated by
19  the Legislature to the public defenders. The clerk of the
20  court may retain 2 percent of application fees collected
21  monthly for administrative costs prior to remitting the
22  remainder to the Department of Revenue Justice Administrative
23  Commission.
24         Section 4.  Subsection (1) of section 28.101, Florida
25  Statutes, is amended to read:
26         28.101  Petitions and records of dissolution of
27  marriage; additional charges.--
28         (1)  When a party petitions for a dissolution of
29  marriage, in addition to the filing charges in s. 28.241, the
30  clerk shall collect and receive:
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  1         (a)  A charge of $5. On a monthly basis, the clerk
  2  shall transfer the moneys collected pursuant to this paragraph
  3  to the Department of Revenue for deposit into in the Child
  4  Welfare Training Trust Fund created in s. 402.40.
  5         (b)  A charge of $5. On a monthly basis, the clerk
  6  shall transfer the moneys collected pursuant to this paragraph
  7  to the Department of Revenue State Treasury for deposit into
  8  in the Displaced Homemaker Trust Fund created in s. 446.50. If
  9  a petitioner does not have sufficient funds with which to pay
10  this fee and signs an affidavit so stating, all or a portion
11  of the fee shall be waived subject to a subsequent order of
12  the court relative to the payment of the fee.
13         (c)  A charge of $18.  On a monthly basis, the clerk
14  shall transfer the moneys collected pursuant to this paragraph
15  to the Department of Revenue State Treasury for deposit into
16  in the Domestic Violence Trust Fund.  Such funds which are
17  generated shall be directed to the Department of Children and
18  Family Services for the specific purpose of funding domestic
19  violence centers.
20         (d)  A charge of $32.50. On a monthly basis, the clerk
21  shall transfer the moneys collected pursuant to this paragraph
22  as follows:
23         1.  An amount of $7.50 to the Department of Revenue
24  State Treasury for deposit into in the Displaced Homemaker
25  Trust Fund.
26         2.  An amount of $25 to the Department of Revenue
27  Supreme Court for deposit into in the Family Courts Trust
28  Fund.
29         Section 5.  Subsection (3) of section 28.2401, Florida
30  Statutes, is amended to read:
31         28.2401  Service charges in probate matters.--
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  1         (3)  Service charges in excess of those fixed in this
  2  section may be imposed by the governing authority of the
  3  county by ordinance, or by special or local law, to provide
  4  and maintain facilities, including a law library; to provide
  5  and maintain equipment; or to provide or maintain a legal aid
  6  program.  Service charges other than those fixed in this
  7  section shall be governed by s. 28.24.  An additional service
  8  charge of $2.50 on petitions seeking summary administration,
  9  family administration, formal administration, ancillary
10  administration, guardianship, curatorship, and conservatorship
11  shall be paid to the clerk who shall transfer such charge to
12  the Department of Revenue for deposit into the Court Education
13  Trust Fund.
14         Section 6.  Subsection (1) of section 28.241, Florida
15  Statutes, is amended to read:
16         28.241  Filing charges for trial and appellate
17  proceedings.--
18         (1)  The party instituting any civil action, suit, or
19  proceeding in the circuit court shall pay to the clerk of that
20  court a service charge of $40 in all cases in which there are
21  not more than five defendants and an additional service charge
22  of $2 for each defendant in excess of five.  An additional
23  service charge of $10 shall be paid by the party seeking each
24  severance that is granted. An additional service charge of $35
25  shall be paid to the clerk for all proceedings of garnishment,
26  attachment, replevin, and distress. An additional service
27  charge of $8 shall be paid to the clerk for each civil action
28  filed, $7 of such charge to be remitted by the clerk to the
29  Department of Revenue State Treasurer for deposit into the
30  General Revenue Fund unallocated.  An additional charge of
31  $2.50 shall be paid to the clerk for each civil action brought
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  1  in circuit or county court, to be remitted by the clerk to the
  2  Department of Revenue for deposit deposited into the Court
  3  Education Trust Fund; the moneys collected shall be forwarded
  4  by the clerk to the Supreme Court monthly for deposit in the
  5  fund.  Service charges in excess of those herein fixed may be
  6  imposed by the governing authority of the county by ordinance
  7  or by special or local law; and such excess shall be expended
  8  as provided by such ordinance or any special or local law, now
  9  or hereafter in force, to provide and maintain facilities,
10  including a law library, for the use of the courts of the
11  county wherein the service charges are collected; to provide
12  and maintain equipment; or for a legal aid program in such
13  county.  In addition, the county is authorized to impose, by
14  ordinance or by special or local law, a fee of up to $15 for
15  each civil action filed, for the establishment, maintenance,
16  or supplementation of a public guardian pursuant to ss.
17  744.701-744.708, inclusive.  Postal charges incurred by the
18  clerk of the circuit court in making service by certified or
19  registered mail on defendants or other parties shall be paid
20  by the party at whose instance service is made. That part of
21  the within fixed or allowable service charges which is not by
22  local or special law applied to the special purposes shall
23  constitute the total service charges of the clerk of such
24  court for all services performed by him or her in civil
25  actions, suits, or proceedings.  The sum of all service
26  charges and fees permitted under this subsection may not
27  exceed $200; however, the $200 cap may be increased to $210 in
28  order to provide for the establishment, maintenance, or
29  supplementation of a public guardian as indicated in this
30  subsection.
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  1         Section 7.  Subsection (6) of section 34.041, Florida
  2  Statutes, is amended to read:
  3         34.041  Service charges and costs.--
  4         (6)  In addition to the filing fees provided in
  5  subsection (1), in all civil cases, the sum of $7.00 per case
  6  shall be paid by the plaintiff when filing an action for the
  7  purpose of funding the court costs.  Such funds shall be
  8  remitted by the clerk to the Department of Revenue for deposit
  9  into to the General Revenue Fund.
10         Section 8.  Subsection (4) of section 44.108, Florida
11  Statutes, is amended to read:
12         44.108  Funding of mediation and
13  arbitration.--Mediation should be accessible to all parties
14  regardless of financial status.  Each board of county
15  commissioners may support mediation and arbitration services
16  by appropriating moneys from county revenues and by:
17         (4)  If a board of county commissioners levies the
18  service charge authorized in subsection (1), subsection (2),
19  or subsection (3), the clerk of the court shall forward $1 of
20  each charge to the Department of Revenue for deposit into the
21  Office of the State Courts Administrator.  That office shall
22  deposit the funds in a state mediation and arbitration trust
23  fund which is hereby established.  Such fund shall be used by
24  the Supreme Court to carry out its responsibilities set forth
25  in s. 44.106.
26         Section 9.  Subsection (3) of section 316.192, Florida
27  Statutes, is amended to read:
28         316.192  Reckless driving.--
29         (3)  Notwithstanding any other provision of this
30  section, $5 shall be added to a fine imposed pursuant to this
31  section. The clerk shall remit the $5 to the Department of
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  1  Revenue for deposit into, which $5 shall be deposited in the
  2  Emergency Medical Services Trust Fund.
  3         Section 10.  Paragraph (b) of subsection (10) of
  4  section 318.14, Florida Statutes, is amended to read:
  5         318.14  Noncriminal traffic infractions; exception;
  6  procedures.--
  7         (10)
  8         (b)  Any person cited for an offense listed in this
  9  subsection shall present proof of compliance prior to the
10  scheduled court appearance date. For the purposes of this
11  subsection, proof of compliance shall consist of a valid,
12  renewed, or reinstated driver's license or registration
13  certificate and proper proof of maintenance of security as
14  required by s. 316.646. Notwithstanding waiver of fine, any
15  person establishing proof of compliance shall be assessed
16  court costs of $22, except that a person charged with
17  violation of s. 316.646(1)-(3) may be assessed court costs of
18  $7. One dollar of such costs shall be remitted distributed to
19  the Department of Revenue Children and Family Services for
20  deposit into the Child Welfare Training Trust Fund of the
21  Department of Children and Family Services.  One dollar of
22  such costs shall be distributed to the Department of Juvenile
23  Justice for deposit into the Juvenile Justice Training Trust
24  Fund. Twelve dollars of such costs shall be distributed to the
25  municipality and $8 shall be retained by the county, if the
26  offense was committed within the municipality.  If the offense
27  was committed in an unincorporated area of a county or if the
28  citation was for a violation of s. 316.646(1)-(3), the county
29  shall retain the entire amount, except for the moneys to be
30  deposited into the Child Welfare Training Trust Fund and the
31  Juvenile Justice Training Trust Fund.  This subsection shall
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  1  not be construed to authorize the operation of a vehicle
  2  without a valid driver's license, without a valid vehicle tag
  3  and registration, or without the maintenance of required
  4  security.
  5         Section 11.  Paragraph (a) of subsection (8) of section
  6  318.18, Florida Statutes, is amended to read:
  7         318.18  Amount of civil penalties.--The penalties
  8  required for a noncriminal disposition pursuant to s. 318.14
  9  are as follows:
10         (8)(a)  Any person who fails to comply with the court's
11  requirements or who fails to pay the civil penalties specified
12  in this section within the 30-day period provided for in s.
13  318.14 must pay an additional civil penalty of $12, $2.50 of
14  which must be remitted to the Department of Revenue for
15  deposit deposited into the General Revenue Fund, and $9.50 of
16  which must be remitted to the Department of Revenue for
17  deposit into deposited in the Highway Safety Operating Trust
18  Fund. There is hereby appropriated from the Highway Safety
19  Operating Trust Fund for fiscal year 1996-1997 the amount of
20  $4 million.  From this appropriation The department shall
21  contract with the Florida Association of Court Clerks, Inc.,
22  to design, establish, operate, upgrade, and maintain an
23  automated statewide Uniform Traffic Citation Accounting System
24  to be operated by the clerks of the court which shall include,
25  but not be limited to, the accounting for traffic infractions
26  by type, a record of the disposition of the citations, and an
27  accounting system for the fines assessed and the subsequent
28  fine amounts paid to the clerks of the court. On or before
29  December 1, 2001, the clerks of the court must provide the
30  information required by this chapter to be transmitted to the
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  1  department by electronic transmission pursuant to the
  2  contract.
  3         Section 12.  Section 318.21, Florida Statutes, as
  4  amended by chapters 97-235, 98-280, 98-403, and 2000-139, Laws
  5  of Florida, is amended to read:
  6         318.21  Disposition of civil penalties by county
  7  courts.--All civil penalties received by a county court
  8  pursuant to the provisions of this chapter shall be
  9  distributed and paid monthly as follows:
10         (1)  One dollar from every civil penalty shall be
11  remitted paid to the Department of Revenue Children and Family
12  Services for deposit into the Child Welfare Training Trust
13  Fund for child welfare training purposes pursuant to s.
14  402.40. One dollar from every civil penalty shall be remitted
15  paid to the Department of Revenue Juvenile Justice for deposit
16  into the Juvenile Justice Training Trust Fund for juvenile
17  justice purposes pursuant to s. 985.406.
18         (2)  Of the remainder:
19         (a)  Twenty and six-tenths percent shall be remitted
20  paid to the Department of Revenue for deposit into the County
21  Article V Trust Fund, except that the first $300,000 shall be
22  deposited into the Grants and Donations Trust Fund in the
23  state courts system for administrative costs, training costs,
24  and costs associated with the implementation and maintenance
25  of Florida foster care citizen review panels in a
26  constitutional charter county as provided for in s. 39.702.
27         (b)  Seven and two-tenths percent shall be remitted to
28  the Department of Revenue for deposit into deposited in the
29  Emergency Medical Services Trust Fund for the purposes set
30  forth in s. 401.113.
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  1         (c)  Five and one-tenth percent shall be remitted to
  2  the Department of Revenue for deposit into deposited in the
  3  Additional Court Cost Clearing Trust Fund established pursuant
  4  to s. 938.01 for criminal justice purposes.
  5         (d)  Eight and two-tenths percent shall be remitted to
  6  the Department of Revenue for deposit into deposited in the
  7  Brain and Spinal Cord Injury Rehabilitation Trust Fund for the
  8  purposes set forth in s. 381.79.
  9         (e)  Two percent shall be remitted to the Department of
10  Revenue for deposit into deposited in the endowment fund of
11  the Florida Endowment Foundation for Vocational Rehabilitation
12  established by s. 413.615.
13         (f)  Five-tenths percent shall be paid to the clerk of
14  the court for administrative costs.
15         (g)1.  If the violation occurred within a municipality
16  or a special improvement district of the Seminole Indian Tribe
17  or Miccosukee Indian Tribe, 56.4 percent shall be paid to that
18  municipality or special improvement district.
19         2.  If the violation occurred within the unincorporated
20  area of a county that is not within a special improvement
21  district of the Seminole Indian Tribe or Miccosukee Indian
22  Tribe, 56.4 percent shall be paid to that county.
23         (h)  Fifteen percent must be deposited into the County
24  Article V Trust Fund.
25         (i)  For fiscal year 2000-2001 only, and in lieu of the
26  provisions of paragraph (a), five and six-tenths percent shall
27  be paid to the General Revenue Fund of the state, except that
28  the first $300,000 shall be deposited into the Grants and
29  Donations Trust Fund in the state courts system for
30  administrative costs, training costs, and costs associated
31  with the implementation and maintenance of Florida foster care
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  1  citizen review panels as provided for in s. 39.702. This
  2  paragraph is repealed on July 1, 2001.
  3         (3)(a)  Moneys paid to a municipality or special
  4  improvement district under subparagraph (2)(g)1. must be used
  5  to fund local criminal justice training as provided in s.
  6  938.15 when such a program is established by ordinance; to
  7  fund a municipal school crossing guard training program; and
  8  for any other lawful purpose.
  9         (b)  Moneys paid to a county under subparagraph
10  (2)(g)2. shall be used to fund local criminal justice training
11  as provided in s. 938.15 when such a program is established by
12  ordinance, to fund a county school crossing guard training
13  program, and for any other lawful purpose.
14         (4)  Of the additional fine assessed under s.
15  318.18(3)(e) for a violation of s. 316.1301, 40 percent must
16  be remitted to the Department of Revenue for deposit deposited
17  into the Grants and Donations Trust Fund of the Division of
18  Blind Services of the Department of Education Labor and
19  Employment Security, and 60 percent must be distributed
20  pursuant to subsections (1) and (2).
21         (5)  Of the additional fine assessed under s.
22  318.18(3)(e) for a violation of s. 316.1303, 60 percent must
23  be remitted to the Department of Revenue for deposit deposited
24  into the endowment fund for the Florida Endowment Foundation
25  for Vocational Rehabilitation, and 40 percent must be
26  distributed pursuant to subsections (1) and (2) of this
27  section.
28         (6)  For every violation of s. 316.613 or s. 316.614,
29  $5 will be deducted from the civil penalty assessed under this
30  chapter and remitted to the Department of Revenue for deposit
31  deposited into the Epilepsy Services Trust Fund established
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  1  under s. 385.207.  The remainder must be distributed pursuant
  2  to subsections (1) and (2).
  3         (7)  For fines assessed under s. 318.18(3) for unlawful
  4  speed, the following amounts must be remitted to the
  5  Department of Revenue for deposit deducted and deposited into
  6  the Nongame Wildlife Trust Fund:
  7
  8  For speed exceeding the limit by:                        Fine:
  9  1-5 m.p.h...............................................$  .00
10  6-9 m.p.h...............................................$  .25
11  10-14 m.p.h.............................................$ 3.00
12  15-19 m.p.h.............................................$ 4.00
13  20-29 m.p.h.............................................$ 5.00
14  30 m.p.h. and above.....................................$10.00
15
16  The remaining amount must be distributed pursuant to
17  subsections (1) and (2).
18         (8)  All moneys collected by the clerk of the court for
19  deposit into a state trust fund must be sent monthly to the
20  Department of Highway Safety and Motor Vehicles for
21  distribution.  Such a submittal must be accompanied by a
22  specific accounting of the amounts due each fund.
23         (8)(9)  Fines and forfeitures received from violations
24  committed within a municipality must be paid monthly to that
25  municipality; fines and forfeitures received from violations
26  committed within a special improvement district created for
27  the Seminole Indian Tribe or Miccosukee Indian Tribe under s.
28  285.17 must be paid monthly to that special improvement
29  district. These fines and forfeitures must be paid monthly to
30  that municipality or special improvement district in addition
31  to any other fines and forfeitures received by a county court
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  1  which are required to be paid to that municipality or special
  2  improvement district under any other law.  If, on February 1,
  3  1972, any chartered county court that has countywide
  4  jurisdiction was trying traffic offenses committed within a
  5  municipality in that county, two-thirds of the fines and
  6  forfeitures received as a result of violations of this
  7  chapter, or of any ordinances adopting matter covered by this
  8  chapter, committed within a municipality must be paid and
  9  distributed to the municipality, and the remainder must be
10  paid to the county, except as otherwise provided in subsection
11  (5).  The amount of fines and forfeitures payable to a special
12  improvement district created under s. 285.17 which is located
13  in a charter county must be determined in the same manner as
14  the amount of fines and forfeitures payable to a municipality
15  in that county. All fines and forfeitures received by any
16  county court as the result of citations issued under s.
17  316.640(2)(c)1. must be paid to the county whether or not such
18  citations were issued for parking violations that occurred
19  within a municipality or special improvement district created
20  under s. 285.17.
21         (9)(10)  Twelve dollars and fifty cents from each
22  moving traffic violation must be used by the county to fund
23  that county's participation in an intergovernmental radio
24  communication program approved by the Department of Management
25  Services. If the county is not participating in such a
26  program, funds collected must be used to fund local law
27  enforcement automation and must be distributed to the
28  municipality or special improvement district in which the
29  violation occurred or to the county if the violation occurred
30  within the unincorporated area of the county.
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  1         (10)(11)  The additional costs and surcharges on
  2  criminal traffic offenses provided for under ss. 938.03 and
  3  938.04 must be collected and distributed by the clerk of the
  4  court as provided in those sections.  The additional costs and
  5  surcharges must also be collected for the violation of any
  6  ordinances adopting the criminal traffic offenses enumerated
  7  in s. 318.17.
  8         (11)(12)(a)  A county or municipality may, by majority
  9  vote of the governing board of the respective county or
10  municipality, impose a surcharge on parking fines for the sole
11  purpose of funding school crossing guard programs; however,
12  the governing body may set aside funds from this surcharge to
13  pay for startup costs and recurring administrative costs
14  related to printing new tickets or other means of implementing
15  the program.  The surcharge must be authorized by ordinance
16  requiring public hearings.
17         (b)  The proceeds of this surcharge must be placed in a
18  trust fund established by the governing body of the county or
19  municipality called the School Crossing Guard Trust Fund.
20  Funds collected from this surcharge must be distributed
21  quarterly to fund the school crossing guard programs provided
22  in subsection (3).
23         (c)  If a county government is operating a school
24  crossing guard program in the exercise of its municipal
25  responsibilities, the county may, by majority vote of its
26  governing board, impose a countywide surcharge on parking
27  fines for the sole purpose of funding school crossing guard
28  programs throughout the county; however, the governing body
29  may set aside funds from this surcharge to pay for startup
30  costs and recurring administrative costs related to printing
31  new tickets or other means of implementing the program. The
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  1  surcharge must be authorized by an ordinance requiring public
  2  hearings. This surcharge, established by the governing body of
  3  the county, must be placed in a trust fund called the School
  4  Crossing Guard Trust Fund. Funds collected from this surcharge
  5  must be distributed quarterly to jurisdictions to fund school
  6  crossing guard programs based on each jurisdiction's
  7  percentage of the school crossing guards in the county school
  8  district.
  9         Section 13.  Effective July 1, 2002, paragraph (a) of
10  subsection (2) of section 318.21, Florida Statutes, as amended
11  by chapters 97-235, 98-280, 98-403, and 2000-139, Laws of
12  Florida, is amended to read:
13         (2)  Of the remainder:
14         (a)  Twenty and six-tenths percent shall be remitted to
15  the Department of Revenue for deposit into paid to the General
16  Revenue Fund of the state, except that the first $300,000
17  shall be deposited into the Grants and Donations Trust Fund in
18  the state courts system for administrative costs, training
19  costs, and costs associated with the implementation and
20  maintenance of Florida foster care citizen review panels in a
21  constitutional charter county as provided for in s. 39.702.
22         Section 14.  Subsection (9) of section 327.35, Florida
23  Statutes, is amended to read:
24         327.35  Boating under the influence; penalties;
25  "designated drivers".--
26         (9)  Notwithstanding any other provision of this
27  section, for any person convicted of a violation of subsection
28  (1), in addition to the fines set forth in subsections (2) and
29  (4), an additional fine of $60 shall be assessed and collected
30  in the same manner as the fines set forth in subsections (2)
31  and (4). All fines collected under this subsection shall be
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  1  remitted to the Department of Revenue for deposit paid monthly
  2  into the Brain and Spinal Cord Injury Rehabilitation Trust
  3  Fund and used for the purposes set forth in s. 381.79, after 5
  4  percent is deducted therefrom by the clerk of the court for
  5  administrative costs.
  6         Section 15.  Subsection (8) of section 327.73, Florida
  7  Statutes, is amended to read:
  8         327.73  Noncriminal infractions.--
  9         (8)  All fees and civil penalties assessed and
10  collected pursuant to this section shall be remitted by the
11  clerk of the court to the Department of Revenue to be
12  deposited into the Marine Resources Conservation Trust Fund
13  for boating safety education purposes.
14         Section 16.  Section 372.7015, Florida Statutes, is
15  amended to read:
16         372.7015  Illegal killing, taking, possessing, or
17  selling wildlife or game; fines; disposition of fines.--In
18  addition to any other penalty provided by law, any person who
19  violates the criminal provisions of this chapter and rules
20  adopted pursuant to this chapter by illegally killing, taking,
21  possessing, or selling game or fur-bearing animals as defined
22  in s. 372.001(3) or (4) in or out of season while violating
23  chapter 810 shall pay a fine of $250 for each such violation,
24  plus court costs and any restitution ordered by the court. All
25  fines collected under this section shall be remitted by the
26  clerk of the court to the Department of Revenue to be
27  deposited into the Fish and Wildlife Conservation Commission's
28  State Game Trust Fund.
29         Section 17.  Subsection (2) of section 372.72, Florida
30  Statutes, is amended to read:
31
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  1         372.72  Disposition of fines, penalties, and
  2  forfeitures.--
  3         (2)  All moneys collected from fines, penalties, or
  4  forfeitures of bail of persons convicted of violations of
  5  rules, regulations, or orders of the Fish and Wildlife
  6  Conservation Commission concerning endangered or threatened
  7  species or of violation of s. 372.662, s. 372.663, s. 372.667,
  8  or s. 372.671 shall be remitted by the clerk of the court to
  9  the Department of Revenue to be deposited into in the Nongame
10  Wildlife Trust Fund.
11         Section 18.  Section 382.022, Florida Statutes, is
12  amended to read:
13         382.022  Marriage application fees.--Upon the receipt
14  of each application for the issuance of a marriage license,
15  the county court judge or clerk of the circuit court shall,
16  pursuant to s. 741.02, collect and receive a fee of $4 which
17  shall be remitted transmitted, on or before the 10th day of
18  each month, to the Department of Revenue for transfer to the
19  Department of Health to defray part of the cost of maintaining
20  marriage records.
21         Section 19.  Section 382.023, Florida Statutes, is
22  amended to read:
23         382.023  Department to receive dissolution-of-marriage
24  records; fees.--Clerks of the circuit courts shall collect for
25  their services at the time of the filing of a final judgment
26  of dissolution of marriage a fee of $7, of which $3 shall be
27  retained by the circuit court as a part of the cost in the
28  cause in which the judgment is granted.  The remaining $4
29  shall be remitted to the Department of Revenue for transfer to
30  the Department of Health to defray part of the cost of
31  maintaining the dissolution-of-marriage records., together
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  1  with A record of each and every judgment of dissolution of
  2  marriage granted by the court during the preceding calendar
  3  month, giving names of parties and such other data as required
  4  by forms prescribed by the department, shall be transmitted to
  5  the department, on or before the 10th day of each month,
  6  together with an accounting of the funds remitted to the
  7  Department of Revenue pursuant to this section to defray part
  8  of the cost of maintaining the dissolution-of-marriage
  9  records.
10         Section 20.  Subsection (6) of section 569.11, Florida
11  Statutes, is amended to read:
12         569.11  Possession, misrepresenting age or military
13  service to purchase, and purchase of tobacco products by
14  persons under 18 years of age prohibited; penalties;
15  jurisdiction; disposition of fines.--
16         (6)  Eighty percent of all civil penalties received by
17  a county court pursuant to this section shall be remitted by
18  the clerk of the court to the Department of Revenue for
19  transfer transferred to the Department of Education to provide
20  for teacher training and for research and evaluation to reduce
21  and prevent the use of tobacco products by children, pursuant
22  to s. 233.067(4). The remaining 20 percent of civil penalties
23  received by a county court pursuant to this section shall
24  remain with the clerk of the county court to cover
25  administrative costs.
26         Section 21.  Section 741.01, Florida Statutes, is
27  amended to read:
28         741.01  County court judge or clerk of the circuit
29  court to issue marriage license; fee.--
30         (1)  Every marriage license shall be issued by a county
31  court judge or clerk of the circuit court under his or her
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  1  hand and seal. The county court judge or clerk of the circuit
  2  court shall issue such license, upon application for the
  3  license, if there appears to be no impediment to the marriage.
  4  The county court judge or clerk of the circuit court shall
  5  collect and receive a fee of $2 for receiving the application
  6  for the issuance of a marriage license.
  7         (2)  The fee charged for each marriage license issued
  8  in the state shall be increased by the sum of $30.  This fee
  9  shall be collected upon receipt of the application for the
10  issuance of a marriage license and remitted by the clerk of
11  the court to the Department of Revenue for deposit into the
12  Domestic Violence Trust Fund.  The Executive Office of the
13  Governor shall establish a Domestic Violence Trust Fund for
14  the purpose of collecting and disbursing funds generated from
15  the increase in the marriage license fee.  Such funds which
16  are generated shall be directed to the Department of Children
17  and Family Services for the specific purpose of funding
18  domestic violence centers, and the funds shall be appropriated
19  in a "grants-in-aid" category to the Department of Children
20  and Family Services for the purpose of funding domestic
21  violence centers.
22         (3)  Further, the fee charged for each marriage license
23  issued in the state shall be increased by an additional sum of
24  $7.50 to be collected upon receipt of the application for the
25  issuance of a marriage license.  The clerk shall transfer such
26  funds monthly to the Department of Revenue State Treasury for
27  deposit into in the Displaced Homemaker Trust Fund created in
28  s. 446.50.
29         (4)  An additional fee of $25 shall be paid to the
30  clerk upon receipt of the application for issuance of a
31  marriage license. The moneys collected shall be remitted
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  1  forwarded by the clerk to the Department of Revenue Supreme
  2  Court, monthly, for deposit into in the Family Courts Trust
  3  Fund.
  4         (5)  The fee charged for each marriage license issued
  5  in the state shall be reduced by a sum of $32.50 for all
  6  couples who present valid certificates of completion of a
  7  premarital preparation course from a qualified course provider
  8  registered under s. 741.0305(5) for a course taken no more
  9  than 1 year prior to the date of application for a marriage
10  license. For each license issued that is subject to the fee
11  reduction of this subsection, the clerk is not required to
12  transfer the sum of $7.50 to the Department of Revenue State
13  Treasury for deposit into in the Displaced Homemaker Trust
14  Fund pursuant to subsection (3) or to transfer the sum of $25
15  to the Department of Revenue Supreme Court for deposit into in
16  the Family Courts Trust Fund.
17         Section 22.  Section 775.0835, Florida Statutes, is
18  amended to read:
19         775.0835  Fines; surcharges; Crimes Compensation Trust
20  Fund.--
21         (1)  When any person pleads guilty or nolo contendere
22  to, or is convicted of, any felony or misdemeanor under the
23  laws of this state which resulted in the injury or death of
24  another person, the court may, if it finds that the defendant
25  has the present ability to pay the fine and finds that the
26  impact of the fine upon the defendant's dependents will not
27  cause such dependents to be dependent on public welfare, in
28  addition to any other penalty, order the defendant to pay a
29  fine, commensurate with the offense committed and with the
30  probable impact upon the victim, but not to exceed $10,000.
31
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  1  The fine shall be remitted to the Department of Revenue for
  2  deposit into deposited in the Crimes Compensation Trust Fund.
  3         (2)  The additional $50 obligation created by s. 938.03
  4  shall be collected, and $49 of each $50 collected shall be
  5  remitted to the Department of Revenue for deposit into
  6  credited to the Crimes Compensation Trust Fund, prior to any
  7  fine or surcharge authorized by this chapter. These costs are
  8  considered assessed unless specifically waived by the court.
  9  If the court does not order these costs, it shall state on the
10  record, in detail, the reasons therefor.
11         Section 23.  Subsection (1) of section 938.01, Florida
12  Statutes, is amended to read:
13         938.01  Additional Court Cost Clearing Trust Fund.--
14         (1)  All courts created by Art. V of the State
15  Constitution shall, in addition to any fine or other penalty,
16  assess $3 as a court cost against every person convicted for
17  violation of a state penal or criminal statute or convicted
18  for violation of a municipal or county ordinance. Any person
19  whose adjudication is withheld pursuant to the provisions of
20  s. 318.14(9) or (10) shall also be assessed such cost. In
21  addition, $3 from every bond estreature or forfeited bail bond
22  related to such penal statutes or penal ordinances shall be
23  remitted to the Department of Revenue forwarded to the
24  Treasurer as described in this subsection. However, no such
25  assessment may be made against any person convicted for
26  violation of any state statute, municipal ordinance, or county
27  ordinance relating to the parking of vehicles.
28         (a)  All such costs collected by the courts shall be
29  remitted to the Department of Revenue, in accordance with
30  administrative rules adopted by the executive director of the
31  Department of Revenue, for deposit in the Additional Court
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  1  Cost Clearing Trust Fund and shall be earmarked to the
  2  Department of Law Enforcement for distribution as follows:
  3         1.  Two dollars and seventy-five cents of each $3
  4  assessment shall be deposited in the Criminal Justice
  5  Standards and Training Trust Fund, and the remaining 25 cents
  6  of each such assessment shall be deposited into the Department
  7  of Law Enforcement Operating Trust Fund and shall be disbursed
  8  to the Department of Law Enforcement.
  9         2.  Ninety-two percent of the money distributed to the
10  Additional Court Cost Clearing Trust Fund pursuant to s.
11  318.21 shall be earmarked to the Department of Law Enforcement
12  for deposit in the Criminal Justice Standards and Training
13  Trust Fund, and 8 percent of such money shall be deposited
14  into the Department of Law Enforcement Operating Trust Fund
15  and shall be disbursed to the Department of Law Enforcement.
16         (b)  The funds deposited in the Criminal Justice
17  Standards and Training Trust Fund and the Department of Law
18  Enforcement Operating Trust Fund may be invested. Any interest
19  earned from investing such funds and any unencumbered funds
20  remaining at the end of the budget cycle shall remain in the
21  respective trust fund until the following year.
22         (c)  All funds in the Criminal Justice Standards and
23  Training Trust Fund earmarked to the Department of Law
24  Enforcement shall be disbursed only in compliance with s.
25  943.25(9).
26         Section 24.  Subsection (4) of section 938.03, Florida
27  Statutes, is amended to read:
28         938.03  Crimes Compensation Trust Fund.--
29         (4)  The clerk of the court shall collect and forward
30  $49 of each $50 collected to the Department of Revenue
31  Treasurer, to be deposited in the Crimes Compensation Trust
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  1  Fund. The clerk shall retain the remaining $1 of each $50
  2  collected as a service charge of the clerk's office. Under no
  3  condition shall a political subdivision be held liable for the
  4  payment of this sum of $50.
  5         Section 25.  Section 938.04, Florida Statutes, is
  6  amended to read:
  7         938.04  Additional cost with respect to criminal fines
  8  and bail bonds.--In addition to any fine for any criminal
  9  offense prescribed by law, including a criminal traffic
10  offense, and in addition to the cost imposed pursuant to the
11  provisions of s. 318.14(10), there is hereby established and
12  created as a court cost an additional 5-percent surcharge
13  thereon which shall be imposed, levied, and collected together
14  with such fine or cost imposed pursuant to s. 318.14(10). The
15  additional court cost created under this section shall be
16  remitted to the Department of Revenue for deposit into
17  deposited in the Crimes Compensation Trust Fund created by s.
18  960.21.
19         Section 26.  Subsection (2) of section 938.06, Florida
20  Statutes, is amended to read:
21         938.06  Additional cost for crime stoppers programs.--
22         (2)  The clerk of the court shall collect and forward,
23  on a monthly basis, all costs assessed under this section,
24  less $3 per assessment as a service charge to be retained by
25  the clerk, to the Department of Revenue Legal Affairs for
26  deposit into in the Crime Stoppers Trust Fund, to be used as
27  provided in s. 16.555.
28         Section 27.  Section 938.07, Florida Statutes, is
29  amended to read:
30         938.07  Driving under the influence.--Notwithstanding
31  any other provision of s. 316.193, a court cost of $135 shall
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  1  be added to any fine imposed pursuant to s. 316.193. The
  2  clerks shall remit the funds to the Department of Revenue, of
  3  which $25 of which shall be deposited into in the Emergency
  4  Medical Services Trust Fund, $50 shall be deposited into in
  5  the Criminal Justice Standards and Training Trust Fund of the
  6  Department of Law Enforcement to be used for operational
  7  expenses in conducting the statewide criminal analysis
  8  laboratory system established in s. 943.32, and $60 shall be
  9  deposited into in the Brain and Spinal Cord Injury
10  Rehabilitation Trust Fund created in s. 381.79.
11         Section 28.  Subsection (2) of section 938.23, Florida
12  Statutes, is amended to read:
13         938.23  Assistance grants for alcohol and other drug
14  abuse programs.--
15         (2)  All assessments authorized by this section shall
16  be collected by the clerk of court and remitted to the
17  jurisdictional county as described in s. 893.165(2) for
18  deposit into the County Alcohol and Other Drug Abuse Trust
19  Fund or remitted to the Department of Revenue Children and
20  Family Services for deposit into the department's Community
21  Alcohol and Other Drug Abuse Services Grants and Donations
22  Trust Fund of the Department of Children and Family Services
23  pursuant to guidelines and priorities developed by the
24  department.  If a County Alcohol and Other Drug Abuse Trust
25  Fund has not been established for any jurisdictional county,
26  assessments collected by the clerk of court shall be remitted
27  to the Department of Revenue Children and Family Services for
28  deposit into the department's Community Alcohol and Other Drug
29  Abuse Services Grants and Donations Trust Fund of the
30  Department of Children and Family Services.
31
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  1         Section 29.  Section 938.25, Florida Statutes, is
  2  amended to read:
  3         938.25  Operating Trust Fund of the Department of Law
  4  Enforcement.--Notwithstanding any provision to the contrary of
  5  the laws of this state, the court may assess any defendant who
  6  pleads guilty or nolo contendere to, or is convicted of, a
  7  violation of any provision of s. 893.13, without regard to
  8  whether adjudication was withheld, in addition to any fine and
  9  other penalty provided or authorized by law, an amount of
10  $100, to be paid to the clerk of the court, who shall forward
11  it to the Department of Revenue for deposit into the Operating
12  Trust Fund of the Department of Law Enforcement to be used by
13  the statewide criminal analysis laboratory system for the
14  purposes specified in s. 943.361. The court is authorized to
15  order a defendant to pay an additional assessment if it finds
16  that the defendant has the ability to pay the fine and the
17  additional assessment and will not be prevented thereby from
18  being rehabilitated or from making restitution.
19         Section 30.  Subsection (9) of section 938.27, Florida
20  Statutes, is amended to read:
21         938.27  Judgment for costs on conviction.--
22         (9)  Investigative costs which are recovered shall be
23  returned to the appropriate investigative agency which
24  incurred the expense.  Costs shall include actual expenses
25  incurred in conducting the investigation and prosecution of
26  the criminal case; however, costs may also include the
27  salaries of permanent employees. Any investigative costs
28  recovered on behalf of a state agency must be remitted to the
29  Department of Revenue for deposit into the agency operating
30  trust fund and a report of the payment must be sent to the
31  agency.
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  1         Section 31.  Subsection (4) of section 960.17, Florida
  2  Statutes, is amended to read:
  3         960.17  Award constitutes debt owed to state.--
  4         (4)  Payments authorized under this section shall be
  5  remitted to the clerk of the court in the county in which the
  6  conviction occurred and are to be paid by the clerk of the
  7  court to the Department of Revenue for deposit into to the
  8  Crimes Compensation Trust Fund. Any order of restitution or
  9  judgment to the state made by any court pursuant to this
10  section may be enforced by the department in the same manner
11  as a judgment in a civil action or by other enforcement
12  measures administered by the department. The outstanding
13  unpaid amount of the order shall bear interest in accordance
14  with s. 55.03 and shall, when properly recorded, become a lien
15  on real estate owned by the defendant.
16         Section 32.  Effective upon this act becoming a law,
17  the Department of Revenue is authorized to prepare forms and
18  adopt rules and procedures necessary for the administration of
19  this act.
20         Section 33.  Except as otherwise provided herein, this
21  act shall take effect March 1, 2002.
22
23            *****************************************
24                          HOUSE SUMMARY
25
      Requires state revenues collected by court clerks to be
26    electronically remitted to the Department of Revenue,
      requires the department to establish electronic
27    transmittal and information return procedures, and grants
      the department electronic access to agency funds for
28    correct and timely deposit of revenues.
29
30
31
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