1 | A bill to be entitled |
2 | An act relating to the clerks of court; amending s. 11.90, |
3 | F.S.; providing for review and approval or disapproval of |
4 | the Florida Clerks of Court Operations Corporation budget |
5 | and the clerks of court's combined budgets by the |
6 | Legislative Budget Commission; amending s. 25.381, F.S.; |
7 | requiring the Supreme Court and Attorney General to |
8 | jointly enter into a contract with a vendor to publish |
9 | copies of Florida cases; amending s. 28.241, F.S.; |
10 | revising the distribution of certain filing fees; amending |
11 | s. 28.246, F.S.; requiring the clerk of court to pursue |
12 | collection of certain fees, service charges, fines, court |
13 | costs, and liens; revising collection fees; amending s. |
14 | 28.35, F.S.; revising the membership of the executive |
15 | council of the Florida Clerks of Court Operations |
16 | Corporation; providing that the corporation is subject to |
17 | state procurement law; revising the duties of the |
18 | corporation; amending s. 28.36, F.S.; revising the budget |
19 | procedures of the clerks of the court; requiring the |
20 | Auditor General to develop a study plan and present the |
21 | plan to the Legislative Budget Commission; requiring the |
22 | Auditor General to provide a report to the Legislature; |
23 | requiring the Technology Review Workgroup to develop a |
24 | plan for determining options for implementing an |
25 | integrated computer system; prohibiting clerks of the |
26 | court from purchasing certain new software and certain |
27 | hardware; providing a statewide budget cap for the clerks |
28 | of court; creating s. 28.365, F.S.; providing that the |
29 | clerks of court are subject to state procurement law; |
30 | amending s. 28.37, F.S.; specifying that all court-related |
31 | fines, fees, service charges, and costs are required to be |
32 | deposited into the Clerks of the Court Trust Fund; |
33 | specifying that a certain percentage of all court-related |
34 | fines collected by the clerk are required to be deposited |
35 | into the clerk's Public Records Modernization Trust Fund |
36 | and used exclusively for additional clerk court-related |
37 | operational needs and program enhancements; amending s. |
38 | 34.041, F.S.; revising the distribution of certain filing |
39 | fees; amending s. 45.035, F.S.; revising certain clerks of |
40 | court service charge payments; amending s. 197.542, F.S.; |
41 | requiring costs of electronic tax deed sales to be added |
42 | to charges for certain costs of sale and paid by the |
43 | certificateholder; amending s. 318.18, F.S.; authorizing |
44 | certain units of local government to increase a surcharge; |
45 | authorizing certain units of local government to impose a |
46 | different surcharge; providing purposes for such funds; |
47 | revising reporting requirements; providing an effective |
48 | date. |
49 |
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50 | Be It Enacted by the Legislature of the State of Florida: |
51 |
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52 | Section 1. Subsection (6) of section 11.90, Florida |
53 | Statutes, is amended to read: |
54 | 11.90 Legislative Budget Commission.-- |
55 | (6) The commission shall have the power and duty to: |
56 | (a) Review and approve or disapprove budget amendments |
57 | recommended by the Governor or the Chief Justice of the Supreme |
58 | Court as provided in chapter 216. |
59 | (b) Develop the long-range financial outlook described in |
60 | s. 19, Art. III of the State Constitution. |
61 | (c) Review and approve or disapprove the Florida Clerks of |
62 | Court Operations Corporation budget. |
63 | (d) Review and approve the total of the clerks of court's |
64 | combined budgets, disapprove the total of the clerks of court's |
65 | combined budgets, or disapprove one or more budgets of specific |
66 | clerks of court. |
67 | (e) In addition to the powers and duties specified in this |
68 | subsection, the commission shall exercise all other powers and |
69 | perform any other duties prescribed by the Legislature. |
70 | Section 2. Section 25.381, Florida Statutes, is amended to |
71 | read: |
72 | 25.381 Reports; publication; purchase and |
73 | distribution.--The reports of the opinions of the Supreme Court |
74 | and the district courts of appeal shall be known as Florida |
75 | Cases. In July, 1963, and every second year thereafter until |
76 | otherwise provided by law, the Supreme Court and the Attorney |
77 | General shall jointly enter into a contract with a vendor West |
78 | Publishing Corporation, St. Paul, Minnesota, providing for the |
79 | publication, in whatever format or formats are agreed upon, and |
80 | distribution of such copies of Florida Cases as necessary to |
81 | furnish copies thereof to the officers and institutions as |
82 | required or authorized by law. The copies of such reports |
83 | purchased by the state under such contract shall be paid for |
84 | from moneys appropriated for this purpose. |
85 | Section 3. Paragraph (a) of subsection (1) of section |
86 | 28.241, Florida Statutes, is amended to read: |
87 | 28.241 Filing fees for trial and appellate proceedings.-- |
88 | (1)(a) The party instituting any civil action, suit, or |
89 | proceeding in the circuit court shall pay to the clerk of that |
90 | court a filing fee of up to $295 in all cases in which there are |
91 | not more than five defendants and an additional filing fee of up |
92 | to $2.50 for each defendant in excess of five. Of the first $125 |
93 | $85 in filing fees, $120 $80 must be remitted by the clerk to |
94 | the Department of Revenue for deposit into the General Revenue |
95 | Fund, and $5 must be remitted to the Department of Revenue for |
96 | deposit into the Department of Financial Services' |
97 | Administrative Trust Fund to fund the contract with the Florida |
98 | Clerks of Court Operations Corporation created in s. 28.35. The |
99 | next $15 of the filing fee collected shall be deposited in the |
100 | state courts' Mediation and Arbitration Trust Fund. One-third of |
101 | any filing fees collected by the clerk of the circuit court in |
102 | excess of $140 $100 shall be remitted to the Department of |
103 | Revenue for deposit into the Department of Revenue Clerks of the |
104 | Court Trust Fund. An additional filing fee of $4 shall be paid |
105 | to the clerk. The clerk shall remit $3.50 to the Department of |
106 | Revenue for deposit into the Court Education Trust Fund and |
107 | shall remit 50 cents to the Department of Revenue for deposit |
108 | into the Department of Financial Services Administrative Trust |
109 | Fund to fund clerk education. An additional filing fee of up to |
110 | $18 shall be paid by the party seeking each severance that is |
111 | granted. The clerk may impose an additional filing fee of up to |
112 | $85 for all proceedings of garnishment, attachment, replevin, |
113 | and distress. Postal charges incurred by the clerk of the |
114 | circuit court in making service by certified or registered mail |
115 | on defendants or other parties shall be paid by the party at |
116 | whose instance service is made. No additional fees, charges, or |
117 | costs shall be added to the filing fees imposed under this |
118 | section, except as authorized herein or by general law. |
119 | Section 4. Subsection (6) of section 28.246, Florida |
120 | Statutes, is amended to read: |
121 | 28.246 Payment of court-related fees, charges, and costs; |
122 | partial payments; distribution of funds.-- |
123 | (6) A clerk of court shall may pursue the collection of |
124 | any fees, service charges, fines, court costs, and liens for the |
125 | payment of attorney's fees and costs pursuant to s. 938.29 which |
126 | remain unpaid after for 90 days by referring or more, or refer |
127 | the account to a private attorney who is a member in good |
128 | standing of The Florida Bar or collection agent who is |
129 | registered and in good standing pursuant to chapter 559. In |
130 | pursuing the collection of such unpaid financial obligations |
131 | through a private attorney or collection agent, the clerk of the |
132 | court must have attempted to collect the unpaid amount through a |
133 | collection court, collections docket, or other collections |
134 | process, if any, established by the court, find this to be cost- |
135 | effective and follow any applicable procurement practices. The |
136 | collection fee, including any reasonable attorney's fee, paid to |
137 | any attorney or collection agent retained by the clerk may be |
138 | added to the balance owed in an amount not to exceed 25 40 |
139 | percent of the amount owed at the time the account is referred |
140 | to the attorney or agent for collection. |
141 | Section 5. Subsections (1), (2), and (3) of section 28.35, |
142 | Florida Statutes, are amended to read: |
143 | 28.35 Florida Clerks of Court Operations Corporation.-- |
144 | (1)(a) The Florida Clerks of Court Operations Corporation |
145 | is hereby created as a public corporation organized to perform |
146 | the functions specified in this section. All clerks of the |
147 | circuit court shall be members of the corporation and hold their |
148 | position and authority in an ex officio capacity. The functions |
149 | assigned to the corporation shall be performed by an executive |
150 | council pursuant to the plan of operation approved by the |
151 | members. |
152 | (b) The executive council shall be composed of eight |
153 | clerks of the court elected by the clerks of the courts for a |
154 | term of 2 years, with two clerks from counties with a population |
155 | of fewer than 100,000, two clerks from counties with a |
156 | population of at least 100,000 but fewer than 500,000, two |
157 | clerks from counties with a population of at least 500,000 but |
158 | fewer than 1 million, and two clerks from counties with a |
159 | population of more than 1 million. The executive council shall |
160 | also include, as ex officio members, a designee of the Senate |
161 | President and a designee of the Speaker of the House of |
162 | Representatives. |
163 | (c) The corporation shall be considered a political |
164 | subdivision of the state and shall be exempt from the corporate |
165 | income tax. The corporation is not subject to the procurement |
166 | provisions of chapter 287. and Policies and decisions of the |
167 | corporation relating to incurring debt, levying assessments, and |
168 | the sale, issuance, continuation, terms, and claims under |
169 | corporation policies, and all services relating thereto, are not |
170 | subject to the provisions of chapter 120. |
171 | (d) The functions assigned to the corporation under this |
172 | section and ss. 28.36 and 28.37 are considered to be for a valid |
173 | public purpose. |
174 | (2) The duties of the corporation shall include the |
175 | following: |
176 | (a) Adopting a plan of operation. |
177 | (b) Conducting the election of directors as required in |
178 | paragraph (1)(a). |
179 | (c) Recommending to the Legislature changes in the various |
180 | court-related fines, fees, service charges, and court costs |
181 | established by law to ensure reasonable and adequate funding of |
182 | the clerks of the court in the performance of their court- |
183 | related functions. |
184 | (d) Pursuant to contract with the Chief Financial Officer, |
185 | establishing a process for the review and certification of |
186 | proposed court-related budgets submitted by clerks of the court |
187 | for completeness and compliance with this section and ss. 28.36 |
188 | and 28.37. This process shall be designed and be of sufficient |
189 | detail to permit independent verification and validation of the |
190 | budget certification. The contract shall specify the process to |
191 | be used in determining compliance by the corporation with this |
192 | section and ss. 28.36 and 28.37 and shall require the |
193 | corporation to determine the minimum amount of revenue necessary |
194 | for each clerk to efficiently perform the list of court-related |
195 | functions specified in paragraph (4)(a) in its budget review and |
196 | certification process. |
197 | (e) Developing and certifying a uniform system of |
198 | performance measures and applicable performance standards for |
199 | the functions specified in paragraph (4)(a) and clerk |
200 | performance in meeting the performance standards. These measures |
201 | and standards shall be designed to facilitate an objective |
202 | determination of the performance of each clerk in accordance |
203 | with minimum standards for fiscal management, operational |
204 | efficiency, and effective collection of fines, fees, service |
205 | charges, and court costs. When the corporation finds a clerk has |
206 | not met the performance standards, the corporation shall |
207 | identify the nature of each deficiency and any corrective action |
208 | recommended and taken by the affected clerk of the court. |
209 | (f) Reviewing and certifying proposed budgets submitted by |
210 | clerks of the court utilizing the process approved by the Chief |
211 | Financial Officer pursuant to paragraph (d) for the purpose of |
212 | making the certification in paragraph (3)(a). As part of this |
213 | process, the corporation shall: |
214 | 1. Calculate the maximum authorized annual budget pursuant |
215 | to the requirements of s. 28.36. |
216 | 2. Calculate the minimum amount of revenue necessary for |
217 | each clerk to efficiently perform the list of court-related |
218 | functions specified in paragraph (4)(a). |
219 | 3. Prepare a cost comparison of similarly situated clerks |
220 | of court, based on county population and numbers of filings, |
221 | using the standard list of court-related functions specified in |
222 | paragraph (4)(a). |
223 | 4. Conduct an annual base budget review and an annual |
224 | budget exercise examining the total budget of each clerk of |
225 | court. The review shall examine revenues from all sources, |
226 | expenses of court-related functions, and expenses of non-court- |
227 | related functions. Funds paid by a clerk to join or be a member |
228 | of any group or organization shall be separately listed and the |
229 | benefits received from any such group or organization detailed. |
230 | The review and exercise shall identify potential targeted budget |
231 | reductions in the percentage amount provided in Schedule VIII-B |
232 | of the state's prior year's legislative budget instructions, as |
233 | referenced in s. 216.023(3), or an equivalent schedule or |
234 | instruction as may be adopted by the Legislature. |
235 | 5.2. Identify those proposed budgets exceeding the maximum |
236 | annual budget pursuant to s. 28.36(5) for the standard list of |
237 | court-related functions specified in paragraph (4)(a). |
238 | 6.3. Identify those proposed budgets containing funding |
239 | for items not included on the standard list of court-related |
240 | functions specified in paragraph (4)(a). |
241 | 7.4. Identify those clerks projected to have court-related |
242 | revenues insufficient to fund their anticipated court-related |
243 | expenditures. |
244 | (g) Developing and conducting clerk budget and education |
245 | programs. |
246 | (h) Publishing a uniform schedule of actual fees, service |
247 | charges, and costs charged by a clerk of the court for court- |
248 | related functions pursuant to general law. |
249 | (i) By August 1 of each year, submitting to the |
250 | Legislative Budget Commission, as provided in s. 11.90, its |
251 | proposed budget and the information described in paragraph (f), |
252 | as well as the certified budgets for each clerk and each related |
253 | or subsidiary corporation. By October 1 of each year, the |
254 | Legislative Budget Commission shall consider the submitted |
255 | budgets and shall approve or disapprove the corporation's budget |
256 | and may approve the total of the clerks' combined budgets, |
257 | disapprove the total of the clerks' combined budgets, or |
258 | disapprove one or more budgets of specific clerks. If the |
259 | Legislative Budget Commission fails to approve a clerk's budget |
260 | by October 1, the clerk shall continue to perform the court- |
261 | related functions specified in paragraph (4)(a) based upon the |
262 | clerk's approved budget for the preceding county fiscal year. |
263 | (3)(a) The Florida Clerks of Court Operations Corporation |
264 | shall transmit certify to the President of the Senate, the |
265 | Speaker of the House of Representatives, the Chief Financial |
266 | Officer, and the Department of Revenue by October 15 of each |
267 | year, the amount of the approved proposed budget certified for |
268 | each clerk; the revenue projection supporting each clerk's |
269 | budget; each clerk eligible to retain some or all of the state's |
270 | share of fines, fees, service charges, and costs; the amount to |
271 | be paid to each clerk from the Clerks of the Court Trust Fund |
272 | within the Department of Revenue; the performance measures and |
273 | standards approved by the corporation for each clerk; and the |
274 | performance of each clerk in meeting the performance standards. |
275 | (b) Prior to December 1 of each year, the Chief Financial |
276 | Officer shall review the certifications made by the corporation |
277 | for the purpose of determining compliance with the approved |
278 | process and report its findings to the President of the Senate, |
279 | the Speaker of the House of Representatives and to the |
280 | Department of Revenue. To determine compliance with this |
281 | process, the Chief Financial Officer may examine the budgets |
282 | submitted to the corporation by the clerks. |
283 | Section 6. Paragraph (a) of subsection (3) of section |
284 | 28.36, Florida Statutes, is amended, and subsection (8) is added |
285 | to that section, to read: |
286 | 28.36 Budget procedure.--There is hereby established a |
287 | budget procedure for the court-related functions of the clerks |
288 | of the court. |
289 | (3) Each proposed budget shall further conform to the |
290 | following requirements: |
291 | (a) On or before June August 15 for each fiscal year |
292 | thereafter, the proposed budget shall be prepared, summarized, |
293 | and submitted by the clerk in each county to the Florida Clerks |
294 | of Court Operations Corporation in the manner and form |
295 | prescribed by the corporation. However, at a minimum, the |
296 | proposed budgets shall include for each clerk the information |
297 | required in s. 216.023(4)(a). The proposed budget must provide |
298 | detailed information on the anticipated revenues available and |
299 | expenditures necessary for the performance of the standard list |
300 | of court-related functions of the clerk's office developed |
301 | pursuant to s. 28.35(4)(a) for the county fiscal year beginning |
302 | the following October 1. The Florida Clerks of Court Operations |
303 | Corporation shall also prepare its proposed budget by June 15 of |
304 | each year, which shall also contain the minimum information |
305 | required in s. 216.023(4)(a), and provide a summary listing of |
306 | clerks who have not met all performance measures and the |
307 | specific measures that each clerk did not achieve. |
308 | (8) It is the intent of the Legislature that the budget |
309 | and appropriations functions of and related to the clerks of |
310 | court shall be a part of the state budgeting process by the |
311 | 2011-2012 fiscal year. To that end: |
312 | (a)1. The Auditor General, with assistance from the Office |
313 | of Program Policy Analysis and Government Accountability, shall |
314 | develop, by September 1, 2009, a study plan and present the plan |
315 | to the Legislative Budget Commission. The plan shall describe |
316 | how the Auditor General will study the funding and operations of |
317 | the state courts system and the clerks of court performing |
318 | court-related functions. |
319 | 2. By December 31, 2010, the Auditor General shall provide |
320 | a report to the President of the Senate and the Speaker of the |
321 | House of Representatives regarding the operation and |
322 | relationship of the clerks of court and the courts. The Auditor |
323 | General shall examine who is performing each court-related |
324 | function and how each function is funded. By a date certain set |
325 | by the Auditor General, the state courts system shall recommend |
326 | to the Legislature if there are any court-related clerk's |
327 | functions that should be performed by the state courts system, |
328 | and the corporation shall recommend to the Legislature if there |
329 | are any court-related administrative functions currently |
330 | performed by the state courts system that should be performed by |
331 | the clerks. The clerks of court, the Florida Clerks of Court |
332 | Operations Corporation, and the state courts system are directed |
333 | to cooperate fully with the Auditor General and each shall |
334 | provide the Auditor General with any and all information |
335 | necessary to the review without cost or delay. The final report |
336 | shall describe in detail the base budget for each of the clerks |
337 | and for the state courts system. The base budget shall be |
338 | further examined and the cost of performing every court-related |
339 | function shall be described in detail within those budgets. |
340 | Administrative overhead shall be calculated separately and any |
341 | apparent means to reduce such overhead shall be explored and |
342 | reported on. The study shall examine whether the clerks of court |
343 | should adopt the state budget cycle and, if so, how that would |
344 | be accomplished. Finally, the study shall list each court- |
345 | related function, a recommendation on who should perform the |
346 | function, and a recommendation of how to pay for such function. |
347 | (b) The Technology Review Workgroup shall develop a |
348 | proposed plan for identifying and recommending options for |
349 | implementing the integrated computer system established in s. |
350 | 29.008(1)(f)2. The plan shall describe the approaches and |
351 | processes for evaluating the existing computer systems and data- |
352 | sharing networks of the state courts system and the clerks of |
353 | the court; identifying the required business and technical |
354 | requirements; reliably estimating the cost, work, and change |
355 | requirements; and examining the use of the funds collected under |
356 | s. 28.24(12)(e). The plan may also address any necessary policy, |
357 | operational, fiscal, or technical changes, including, but not |
358 | limited to, potential changes to the distribution and use of |
359 | funds collected under s. 28.24(12)(e) that may be needed in |
360 | order to manage, implement, and operate an integrated computer |
361 | system. The plan shall be submitted to the Speaker of the House |
362 | of Representatives and the President of the Senate no later than |
363 | December 31, 2009. The clerks of court, the Florida Clerks of |
364 | Court Operations Corporation, and the state courts system are |
365 | directed to cooperate fully with the Technology Review |
366 | Workgroup, and each shall provide the Technology Review |
367 | Workgroup with any and all information necessary for the |
368 | completion of the project without cost or delay. The workgroup |
369 | shall work in conjunction with the Auditor General and consider |
370 | the results of the plans, studies, and reports of the Auditor |
371 | General described in paragraph (a). Until July 1, 2011, a clerk |
372 | may not purchase any new software but may purchase regular and |
373 | necessary upgrades to existing software if otherwise budgeted. |
374 | Until July 1, 2011, a clerk may not purchase any computer |
375 | hardware other than that necessary to replace broken equipment |
376 | or necessary to equip new staff and only if otherwise budgeted. |
377 | A clerk may apply to the Legislative Budget Commission for a |
378 | limited and specific exception to these purchasing limits. |
379 | Section 7. Notwithstanding s. 28.36, Florida Statutes, the |
380 | statewide budget cap for the clerks of court is $474,174,512 for |
381 | the county fiscal year 2008-2009. The Florida Clerks of Court |
382 | Operations Corporation shall reduce the individual approved |
383 | budgets of the clerks of court to ensure that the sum of the |
384 | approved budgets does not exceed this statewide cap. |
385 | Section 8. Section 28.365, Florida Statutes, is created to |
386 | read: |
387 | 28.365 Procurement.--The clerks of court are subject to |
388 | the procurement requirements and limitations of chapter 287. |
389 | Section 9. Subsections (2) through (5) of section 28.37, |
390 | Florida Statutes, are renumbered as subsections (3) through (6), |
391 | respectively, and a new subsection (2) is added to that section |
392 | to read: |
393 | 28.37 Fines, fees, service charges, and costs remitted to |
394 | the state.-- |
395 | (2) Except as otherwise provided in ss. 28.241 and 34.041, |
396 | all court-related fines, fees, service charges, and costs are |
397 | considered state funds and shall be remitted by the clerk to the |
398 | Department of Revenue for deposit into the Clerks of the Court |
399 | Trust Fund. However, 10 percent of all court-related fines |
400 | collected by the clerk shall be deposited into the clerk's |
401 | Public Records Modernization Trust Fund to be used exclusively |
402 | for additional clerk court-related operational needs and program |
403 | enhancements. |
404 | Section 10. Paragraph (b) of subsection (1) of section |
405 | 34.041, Florida Statutes, is amended to read: |
406 | 34.041 Filing fees.-- |
407 | (1) |
408 | (b) The first $120 $80 of the filing fee collected under |
409 | subparagraph (a)4. shall be remitted to the Department of |
410 | Revenue for deposit into the General Revenue Fund. The next $15 |
411 | of the filing fee collected under subparagraph (a)4., and the |
412 | first $15 of each filing fee collected under subparagraph (a)6., |
413 | shall be deposited in the state courts' Mediation and |
414 | Arbitration Trust Fund. One-third of any filing fees collected |
415 | by the clerk under this section in excess of the first $135 $95 |
416 | collected under subparagraph (a)4. shall be remitted to the |
417 | Department of Revenue for deposit into the Department of Revenue |
418 | Clerks of the Court Trust Fund. An additional filing fee of $4 |
419 | shall be paid to the clerk. The clerk shall transfer $3.50 to |
420 | the Department of Revenue for deposit into the Court Education |
421 | Trust Fund and shall transfer 50 cents to the Department of |
422 | Revenue for deposit into the Department of Financial Services' |
423 | Administrative Trust Fund to fund clerk education. Postal |
424 | charges incurred by the clerk of the county court in making |
425 | service by mail on defendants or other parties shall be paid by |
426 | the party at whose instance service is made. Except as provided |
427 | herein, filing fees and service charges for performing duties of |
428 | the clerk relating to the county court shall be as provided in |
429 | ss. 28.24 and 28.241. Except as otherwise provided herein, all |
430 | filing fees shall be retained as fee income of the office of the |
431 | clerk of circuit court. Filing fees imposed by this section may |
432 | not be added to any penalty imposed by chapter 316 or chapter |
433 | 318. |
434 | Section 11. Subsection (3) of section 45.035, Florida |
435 | Statutes, as amended by section 3 of chapter 2009-21, Laws of |
436 | Florida, is amended to read: |
437 | 45.035 Clerk's fees.--In addition to other fees or service |
438 | charges authorized by law, the clerk shall receive service |
439 | charges related to the judicial sales procedure set forth in ss. |
440 | 45.031-45.034 and this section: |
441 | (3) If the sale is conducted by electronic means, as |
442 | provided in s. 45.031(10), the clerk shall receive an additional |
443 | a service charge not to exceed of $70 as provided in subsection |
444 | (1) for services in conducting or contracting for the electronic |
445 | sale, which service charge shall be assessed as costs and paid |
446 | by the winning bidder shall be advanced by the plaintiff before |
447 | the sale. If the clerk requires advance electronic deposits to |
448 | secure the right to bid, such deposits shall not be subject to |
449 | the fee under s. 28.24(10). The portion of an advance deposit |
450 | from a winning bidder required by s. 45.031(3) shall, upon |
451 | acceptance of the winning bid, be subject to the fee under s. |
452 | 28.24(10). |
453 | Section 12. Paragraph (c) is added to subsection (4) of |
454 | section 197.542, Florida Statutes, to read: |
455 | 197.542 Sale at public auction.-- |
456 | (4) |
457 | (c) The costs of electronic tax deed sales shall be added |
458 | to the charges for the costs of sale under subsection (1) and |
459 | paid by the certificateholder when filing an application for a |
460 | tax deed. |
461 | Section 13. Subsection (13) of section 318.18, Florida |
462 | Statutes, is amended to read: |
463 | 318.18 Amount of penalties.--The penalties required for a |
464 | noncriminal disposition pursuant to s. 318.14 or a criminal |
465 | offense listed in s. 318.17 are as follows: |
466 | (13)(a) In addition to any penalties imposed for |
467 | noncriminal traffic infractions pursuant to this chapter or |
468 | imposed for criminal violations listed in s. 318.17, a board of |
469 | county commissioners or any unit of local government that which |
470 | is consolidated as provided by s. 9, Art. VIII of the State |
471 | Constitution of 1885, as preserved by s. 6(e), Art. VIII of the |
472 | Constitution of 1968: |
473 | 1.(a) May impose by ordinance a surcharge of up to $30 $15 |
474 | for any infraction or violation to fund state court facilities. |
475 | The court shall not waive this surcharge. Up to 25 percent of |
476 | the revenue from such surcharge may be used to support local law |
477 | libraries provided that the county or unit of local government |
478 | provides a level of service equal to that provided prior to July |
479 | 1, 2004, which shall include the continuation of library |
480 | facilities located in or near the county courthouse or any annex |
481 | to the courthouse annexes. |
482 | 2.(b) May, if such board or unit That imposed increased |
483 | fees or service charges by ordinance under s. 28.2401, s. |
484 | 28.241, or s. 34.041 for the purpose of securing payment of the |
485 | principal and interest on bonds issued by the county before July |
486 | 1, 2003, to finance state court facilities, may impose by |
487 | ordinance a surcharge for any infraction or violation for the |
488 | exclusive purpose of securing payment of the principal and |
489 | interest on bonds issued by the county before July 1, 2003, to |
490 | fund state court facilities until the date of stated maturity. |
491 | The court shall not waive this surcharge. Such surcharge may not |
492 | exceed an amount per violation calculated as the quotient of the |
493 | maximum annual payment of the principal and interest on the |
494 | bonds as of July 1, 2003, divided by the number of traffic |
495 | citations for county fiscal year 2002-2003 certified as paid by |
496 | the clerk of the court of the county. Such quotient shall be |
497 | rounded up to the next highest dollar amount. The bonds may be |
498 | refunded only if savings will be realized on payments of debt |
499 | service and the refunding bonds are scheduled to mature on the |
500 | same date or before the bonds being refunded. Notwithstanding |
501 | any of the foregoing provisions of this subparagraph paragraph |
502 | that limit the use of surcharge revenues, if the revenues |
503 | generated as a result of the adoption of this ordinance exceed |
504 | the debt service on the bonds, the surplus revenues may be used |
505 | to pay down the debt service on the bonds; fund other state- |
506 | court-facility construction projects as may be certified by the |
507 | chief judge as necessary to address unexpected growth in |
508 | caseloads, emergency requirements to accommodate public access, |
509 | threats to the safety of the public, judges, staff, and |
510 | litigants, or other exigent circumstances; or support local law |
511 | libraries in or near the county courthouse or any annex to the |
512 | courthouse annexes. |
513 | 3. May impose by ordinance a surcharge for any infraction |
514 | or violation for the exclusive purpose of securing payment of |
515 | the principal and interest on bonds issued by the county on or |
516 | after July 1, 2009, to fund state court facilities until the |
517 | stated date of maturity. The court may not waive this surcharge. |
518 | The surcharge may not exceed an amount per violation calculated |
519 | as the quotient of the maximum annual payment of the principal |
520 | and interest on the bonds, divided by the number of traffic |
521 | citations certified as paid by the clerk of the court of the |
522 | county on August 15 of each year. The quotient shall be rounded |
523 | up to the next highest dollar amount. The bonds may be refunded |
524 | if savings are realized on payments of debt service and the |
525 | refunding bonds are scheduled to mature on or before the |
526 | maturity date of the bonds being refunded. If the revenues |
527 | generated as a result of the adoption of the ordinance exceed |
528 | the debt service on the bonds, the surplus revenues may be used |
529 | to pay the debt service on the bonds; to fund other state court |
530 | facility construction projects certified by the chief judge as |
531 | necessary to address unexpected growth in caseloads, emergency |
532 | requirements to accommodate public access, threats to the safety |
533 | of the public, judges, staff, and litigants, or other exigent |
534 | circumstances; or to support local law libraries in or near the |
535 | county courthouse or any annex to the courthouse. |
536 | (b) A county may not impose both of the surcharges |
537 | authorized under subparagraphs paragraphs (a)1., 2., and 3. (b) |
538 | concurrently. The clerk of court shall report, no later than 30 |
539 | days after the end of the quarter, the amount of funds collected |
540 | under this subsection during each quarter of the fiscal year. |
541 | The clerk shall submit the report, in a format developed by the |
542 | Office of State Courts Administrator, to the chief judge of the |
543 | circuit, the Governor, the President of the Senate, and the |
544 | Speaker of the House of Representatives, and the board of county |
545 | commissioners. |
546 | Section 14. This bill shall take effect July 1, 2009. |