HB 5031

1
A bill to be entitled
2An act relating to the Operating Trust Fund; creating s.
325.3844, F.S.; creating the Operating Trust Fund within
4the state courts system; providing for sources of funds
5and purposes; providing for future review and termination
6or re-creation of the trust fund; amending ss. 25.241,
725.383, 29.0195, and 35.22, F.S.; conforming provisions;
8directing certain fees collected by the Clerk of the
9Supreme Court, the trial court administrator of each
10circuit, and the clerk of each district court and certain
11fees paid to the Supreme Court by court reporters to be
12deposited into the trust fund in lieu of another trust
13fund; providing an effective date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  Section 25.3844, Florida Statutes, is created
18to read:
19     25.3844  Operating Trust Fund.--
20     (1)  The Operating Trust Fund is created within the state
21courts system.
22     (2)  The fund is established for use as a depository of
23fees and related revenue for the purpose of supporting the
24program operations of the judicial branch and for such other
25purposes as may be appropriate and shall be expended only
26pursuant to legislative appropriation or an approved amendment
27to the agency's operating budget pursuant to the provisions of
28chapter 216.
29     (3)  In accordance with s. 19(f)(2), Art. III of the State
30Constitution, the Operating Trust Fund shall, unless terminated
31sooner, be terminated on July 1, 2010. Before its scheduled
32termination, the trust fund shall be reviewed as provided in s.
33215.3206(1) and (2).
34     Section 2.  Subsection (5) of section 25.241, Florida
35Statutes, is amended to read:
36     25.241  Clerk of Supreme Court; compensation; assistants;
37filing fees, etc.--
38     (5)  The Clerk of the Supreme Court is hereby required to
39prepare a statement of all fees collected each month and remit
40such statement, together with all fees collected by him or her,
41to the Chief Financial Officer. The Chief Financial Officer
42shall deposit $250 of each $300 filing fee and all other fees
43collected into the General Revenue Fund. The Chief Financial
44Officer shall deposit $50 of each filing fee collected into the
45state court's Operating Grants and Donations Trust Fund to fund
46court improvement projects as authorized in the General
47Appropriations Act.
48     Section 3.  Section 25.383, Florida Statutes, is amended to
49read:
50     25.383  Standards for court reporters; procedures; rules of
51professional conduct, discipline, and training.--The Supreme
52Court shall establish minimum standards and procedures for
53qualifications, certification, discipline, and training for
54court reporters. The Supreme Court shall determine the amount of
55fees to charge applicants for certification and renewal of
56certification. Fees shall be set in an amount necessary to
57recover the full cost of administering the certification
58process. All proceeds from fees collected pursuant to this
59section shall be deposited into the Operating Grants and
60Donations Trust Fund within the state courts. The Supreme Court
61may appoint or employ such personnel as are necessary to assist
62the court in exercising its powers and performing its duties
63under this section.
64     Section 4.  Section 29.0195, Florida Statutes, is amended
65to read:
66     29.0195  Recovery of expenditures for state-funded
67services.--The trial court administrator of each circuit shall
68recover expenditures for state-funded services when those
69services have been furnished to a user of the state court system
70who possesses the present ability to pay. The rate of
71compensation for such services shall be the actual cost of the
72services, including the cost of recovery. The trial court
73administrator shall deposit moneys recovered under this section
74in the Operating Grants and Donations Trust Fund within the
75state court system. The trial court administrator shall recover
76the costs of court reporter services and transcription; court
77interpreter services, including translation; and any other
78service for which state funds were used to provide a product or
79service within the circuit. This section does not authorize cost
80recovery from entities described in ss. 29.005, 29.006, and
8129.007.
82     Section 5.  Subsection (6) of section 35.22, Florida
83Statutes, is amended to read:
84     35.22  Clerk of district court; appointment; compensation;
85assistants; filing fees; teleconferencing.--
86     (6)  The clerk of each district court of appeal is required
87to deposit all fees collected in the State Treasury to the
88credit of the General Revenue Fund, except that $50 of each $300
89filing fee collected shall be deposited into the state court's
90Operating Grants and Donations Trust Fund to fund court
91improvement projects as authorized in the General Appropriations
92Act. The clerk shall retain an accounting of each such
93remittance.
94     Section 6.  This act shall take effect July 1, 2006.


CODING: Words stricken are deletions; words underlined are additions.