House Bill hb1937
CODING: Words stricken are deletions; words underlined are additions.
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:
1
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1937
403-104-01
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.
2
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1937
403-104-01
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
3
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1937
403-104-01
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:
31
4
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1937
403-104-01
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.--
5
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1937
403-104-01
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
6
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1937
403-104-01
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.
31
7
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1937
403-104-01
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
8
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1937
403-104-01
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
9
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1937
403-104-01
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
31
10
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1937
403-104-01
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.
31
11
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1937
403-104-01
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
12
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1937
403-104-01
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 $5 will be deducted from the civil penalty assessed under this
30 chapter and remitted to the Department of Revenue for deposit
31 deposited into the Epilepsy Services Trust Fund established
13
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1937
403-104-01
1 under s. 385.207. The remainder must be distributed pursuant
2 to subsections (1) and (2).
3 (7) For fines assessed under s. 318.18(3) for unlawful
4 speed, the following amounts must be remitted to the
5 Department of Revenue for deposit deducted and deposited into
6 the Nongame Wildlife Trust Fund:
7
8 For speed exceeding the limit by: Fine:
9 1-5 m.p.h...............................................$ .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
14
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1937
403-104-01
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.
31
15
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1937
403-104-01
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
16
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1937
403-104-01
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
17
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1937
403-104-01
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
18
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1937
403-104-01
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
19
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1937
403-104-01
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
20
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1937
403-104-01
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
21
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1937
403-104-01
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
22
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1937
403-104-01
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
23
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1937
403-104-01
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
24
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1937
403-104-01
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
25
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1937
403-104-01
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
26
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1937
403-104-01
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.
27
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1937
403-104-01
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
28
CODING: Words stricken are deletions; words underlined are additions.