1 | A bill to be entitled |
2 | An act relating to the Operating Trust Fund; creating s. |
3 | 25.3844, F.S.; creating the Operating Trust Fund within |
4 | the state courts system; providing for sources of funds |
5 | and purposes; providing for future review and termination |
6 | or re-creation of the trust fund; amending ss. 25.241, |
7 | 25.383, 29.0195, and 35.22, F.S.; conforming provisions; |
8 | directing certain fees collected by the Clerk of the |
9 | Supreme Court, the trial court administrator of each |
10 | circuit, and the clerk of each district court and certain |
11 | fees paid to the Supreme Court by court reporters to be |
12 | deposited into the trust fund in lieu of another trust |
13 | fund; providing an effective date. |
14 |
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15 | Be It Enacted by the Legislature of the State of Florida: |
16 |
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17 | Section 1. Section 25.3844, Florida Statutes, is created |
18 | to read: |
19 | 25.3844 Operating Trust Fund.-- |
20 | (1) The Operating Trust Fund is created within the state |
21 | courts system. |
22 | (2) The fund is established for use as a depository of |
23 | fees and related revenue for the purpose of supporting the |
24 | program operations of the judicial branch and for such other |
25 | purposes as may be appropriate and shall be expended only |
26 | pursuant to legislative appropriation or an approved amendment |
27 | to the agency's operating budget pursuant to the provisions of |
28 | chapter 216. |
29 | (3) In accordance with s. 19(f)(2), Art. III of the State |
30 | Constitution, the Operating Trust Fund shall, unless terminated |
31 | sooner, be terminated on July 1, 2010. Before its scheduled |
32 | termination, the trust fund shall be reviewed as provided in s. |
33 | 215.3206(1) and (2). |
34 | Section 2. Subsection (5) of section 25.241, Florida |
35 | Statutes, is amended to read: |
36 | 25.241 Clerk of Supreme Court; compensation; assistants; |
37 | filing fees, etc.-- |
38 | (5) The Clerk of the Supreme Court is hereby required to |
39 | prepare a statement of all fees collected each month and remit |
40 | such statement, together with all fees collected by him or her, |
41 | to the Chief Financial Officer. The Chief Financial Officer |
42 | shall deposit $250 of each $300 filing fee and all other fees |
43 | collected into the General Revenue Fund. The Chief Financial |
44 | Officer shall deposit $50 of each filing fee collected into the |
45 | state court's Operating Grants and Donations Trust Fund to fund |
46 | court improvement projects as authorized in the General |
47 | Appropriations Act. |
48 | Section 3. Section 25.383, Florida Statutes, is amended to |
49 | read: |
50 | 25.383 Standards for court reporters; procedures; rules of |
51 | professional conduct, discipline, and training.--The Supreme |
52 | Court shall establish minimum standards and procedures for |
53 | qualifications, certification, discipline, and training for |
54 | court reporters. The Supreme Court shall determine the amount of |
55 | fees to charge applicants for certification and renewal of |
56 | certification. Fees shall be set in an amount necessary to |
57 | recover the full cost of administering the certification |
58 | process. All proceeds from fees collected pursuant to this |
59 | section shall be deposited into the Operating Grants and |
60 | Donations Trust Fund within the state courts. The Supreme Court |
61 | may appoint or employ such personnel as are necessary to assist |
62 | the court in exercising its powers and performing its duties |
63 | under this section. |
64 | Section 4. Section 29.0195, Florida Statutes, is amended |
65 | to read: |
66 | 29.0195 Recovery of expenditures for state-funded |
67 | services.--The trial court administrator of each circuit shall |
68 | recover expenditures for state-funded services when those |
69 | services have been furnished to a user of the state court system |
70 | who possesses the present ability to pay. The rate of |
71 | compensation for such services shall be the actual cost of the |
72 | services, including the cost of recovery. The trial court |
73 | administrator shall deposit moneys recovered under this section |
74 | in the Operating Grants and Donations Trust Fund within the |
75 | state court system. The trial court administrator shall recover |
76 | the costs of court reporter services and transcription; court |
77 | interpreter services, including translation; and any other |
78 | service for which state funds were used to provide a product or |
79 | service within the circuit. This section does not authorize cost |
80 | recovery from entities described in ss. 29.005, 29.006, and |
81 | 29.007. |
82 | Section 5. Subsection (6) of section 35.22, Florida |
83 | Statutes, is amended to read: |
84 | 35.22 Clerk of district court; appointment; compensation; |
85 | assistants; filing fees; teleconferencing.-- |
86 | (6) The clerk of each district court of appeal is required |
87 | to deposit all fees collected in the State Treasury to the |
88 | credit of the General Revenue Fund, except that $50 of each $300 |
89 | filing fee collected shall be deposited into the state court's |
90 | Operating Grants and Donations Trust Fund to fund court |
91 | improvement projects as authorized in the General Appropriations |
92 | Act. The clerk shall retain an accounting of each such |
93 | remittance. |
94 | Section 6. This act shall take effect July 1, 2006. |