CS for SB 1718                                   First Engrossed
       
       
       
       
       
       
       
       
       20091718e1
       
    1                        A bill to be entitled                      
    2         An act relating to the state judicial system; amending
    3         s. 26.57, F.S.; authorizing any county court judge to
    4         be designated by the Chief Justice of the Supreme
    5         Court to preside over circuit court cases; providing
    6         that such county court judge will receive the same
    7         salary as a circuit court judge, to the extent that
    8         funds are specifically appropriated by law for such
    9         purposes; amending s. 27.511, F.S.; eliminating future
   10         repeal of authority for part-time assistant criminal
   11         conflict and civil regional counsel to practice
   12         private criminal law under specified conditions;
   13         conforming changes; amending s. 27.562, F.S.; revising
   14         the distribution of fees and costs collected from
   15         persons who receive certain assistance from a public
   16         defender’s office; amending s. 28.2401, F.S.;
   17         increasing the maximum amount the clerk of court may
   18         impose for certain actions in probate matters;
   19         providing for the deposit of revenues generated from
   20         the increased amount into the State Courts Revenue
   21         Trust Fund; delineating specified amounts as filing
   22         fees or service charges; amending s. 28.241, F.S.;
   23         increasing the maximum filing fee for certain civil
   24         actions; providing for a portion of circuit court
   25         filing fees to be deposited in the State Courts
   26         Revenue Trust Fund; eliminating a requirement for the
   27         clerk of court to remit a portion of excess filing
   28         fees to the Department of Revenue; prescribing a
   29         maximum filing fee for certain family law actions;
   30         providing for the distribution of such fee; providing
   31         for the payment of graduated filing fees in certain
   32         real property or mortgage foreclosure actions;
   33         providing a manner for valuing mortgage foreclosure
   34         claims; prescribing graduated filing fees based on the
   35         value of the claim; requiring a fee for filing a
   36         pleading for relief by counterpetition; providing for
   37         the payment of graduated filing fees for certain real
   38         property or mortgage foreclosure pleadings for relief
   39         by cross-claim, counterclaim, counterpetition, or
   40         third-party complaint; prescribing graduated filing
   41         fees based on the value of the pleading; providing for
   42         remittance of fees by the clerk of court and for
   43         deposit into specified funds; eliminating a
   44         requirement for the clerk of court to remit a portion
   45         of fees collected to the Department of Revenue for
   46         deposit into a specified trust fund; amending s.
   47         28.33, F.S.; providing that interest on county funds
   48         invested by the clerk of court constitutes county
   49         funds; amending s. 34.041, F.S.; prescribing a maximum
   50         county court filing fee for claims of a specified
   51         value filed with an action for replevin; reducing the
   52         county court filing fee for an action to remove a
   53         tenant; providing for deposit of a portion of fees
   54         collected into the State Courts Revenue Trust Fund;
   55         eliminating a requirement for the clerk of court to
   56         remit a portion of excess filing fees to the
   57         Department of Revenue; requiring a fee for filing a
   58         pleading for relief by counterpetition in county
   59         court; specifying the applicable filing fee required
   60         when a case is transferred from county to circuit
   61         court; amending s. 57.081, F.S.; providing for the
   62         waiver of payment of civil filing fees by persons
   63         deemed indigent; revising a requirement for taxed
   64         costs in favor of an indigent person to be applied to
   65         unpaid costs, to conform; amending s. 57.082, F.S.;
   66         conforming changes to the waiver of payment of filing
   67         fees by persons deemed indigent; revising provisions
   68         related to payment plans, to conform; excluding waived
   69         filing fees from payment plans; amending s. 318.121,
   70         F.S.; specifying that an Article V assessment is among
   71         the fees, fines, surcharges, and costs that may be
   72         added to civil traffic infractions; amending s.
   73         318.15, F.S.; imposing a processing fee by the clerk
   74         of court on persons who elect to attend a driver
   75         improvement school following certain traffic
   76         violations but fail to attend; amending s. 318.18,
   77         F.S.; imposing an administrative fee and an assessment
   78         on motor vehicle license violations and driver’s
   79         license violations; reenacting s. 318.21(18) and (19),
   80         F.S., relating to distribution of traffic-infraction
   81         penalties, to incorporate the amendments to s. 318.18,
   82         F.S., in references thereto; amending s. 939.185,
   83         F.S.; providing for the order assessing additional
   84         court costs and surcharges in certain criminal
   85         offenses and criminal traffic offenses to be recorded
   86         with the clerk of court; providing that such record
   87         constitutes a lien on certain real and personal
   88         property under specified conditions; providing for an
   89         exception and enforcement; providing that such
   90         amendments to s. 939.185(1), F.S., are contingent upon
   91         a specified act enacted during the 2009 Regular
   92         Session becoming law and supersede amendments made by
   93         that act; requiring the Florida Clerks of Court
   94         Operations Corporation to report annually on certain
   95         trust funds in excess of the amount needed to fund the
   96         clerk budgets; directing the Justice Administrative
   97         Commission to transfer the excess funds to the General
   98         Revenue Fund; requiring the clerk of court to
   99         implement a process for the electronic filing of
  100         court-related information; requiring the Florida
  101         Clerks of Court Operations Corporation to report on
  102         implementation of the electronic filing process;
  103         expressing legislative intent for the First District
  104         Court of Appeal to conduct a pilot project for
  105         electronic filing of workers’ compensation cases;
  106         providing for a report on the pilot project;
  107         prescribing the statewide budget cap for the clerks of
  108         court for the 2009-2010 state fiscal year; directing
  109         the Florida Clerks of Court Operations Corporation to
  110         reduce the individual approved budgets of the clerks
  111         of court; requiring the Office of Program Policy
  112         Analysis and Government Accountability, in
  113         consultation with the Chief Financial Officer and the
  114         Auditor General, to provide a report regarding the
  115         operation and relationship of the clerks of court and
  116         the courts to the Legislature by a specified date;
  117         providing report requirements; requiring the
  118         Technology Review Workgroup to develop a proposed plan
  119         for identifying and recommending options for
  120         implementing the integrated computer system and submit
  121         the plan to the Legislature by a specified date;
  122         providing plan requirements; requiring reports on
  123         certain purchases of computer hardware and software by
  124         clerks of court; superseding provisions relating to
  125         functions of the clerks of court and relating to
  126         computer hardware and software purchases by the clerks
  127         contained in a specified act enacted during the 2009
  128         Regular Session; providing that such provisions do not
  129         take effect if the specified act does not become law;
  130         expressing legislative intent related to amendatory
  131         acts passed during the same legislative session;
  132         revising the effective date of a specified act enacted
  133         during the 2009 Regular Session; providing effective
  134         dates.
  135  
  136  Be It Enacted by the Legislature of the State of Florida:
  137  
  138         Section 1. Section 26.57, Florida Statutes, is amended to
  139  read:
  140         26.57 Temporary designation of county court judge to
  141  preside over circuit court cases.—A In each county where there
  142  is no resident circuit judge and the county court judge has been
  143  a member of the bar for at least 5 years and is qualified to be
  144  a circuit judge, the county court judge may be designated on a
  145  temporary basis to preside over circuit court cases by the Chief
  146  Justice of the Supreme Court upon recommendation of the chief
  147  judge of the circuit. He or she may be assigned to exercise all
  148  county and circuit court jurisdiction in the county, except
  149  appeals from the county court. In addition, he or she may be
  150  required to perform the duties of circuit judge in other
  151  counties of the circuit as time may permit and as the need
  152  arises, as determined by the chief judge of the circuit. A
  153  county court judge designated to preside over circuit court
  154  cases shall receive the same salary as a circuit court judge, to
  155  the extent that funds are specifically appropriated by law for
  156  such purposes.
  157         Section 2. Subsection (4) of section 27.511, Florida
  158  Statutes, is amended to read:
  159         27.511 Offices of criminal conflict and civil regional
  160  counsel; legislative intent; qualifications; appointment;
  161  duties.—
  162         (4)(a) Each regional counsel shall serve on a full-time
  163  basis and may not engage in the private practice of law while
  164  holding office. Assistant regional counsel shall give priority
  165  and preference to their duties as assistant regional counsel and
  166  may not otherwise engage in the practice of criminal law.
  167  However, part-time assistant regional counsel may practice
  168  criminal law for private payment so long as the representation
  169  does not result in a legal or ethical conflict of interest with
  170  a case for which the office of criminal conflict and civil
  171  regional counsel is providing representation. Assistant regional
  172  counsel may not accept criminal cases for reimbursement by the
  173  state under s. 27.5304. Assistant regional counsel may not
  174  engage in civil proceedings for which the state compensates
  175  attorneys under s. 27.5304.
  176         (b) Notwithstanding paragraph (a), part-time assistant
  177  regional counsel may practice criminal law for private payment
  178  so long as the representation does not result in a legal or
  179  ethical conflict of interest with a case for which the office of
  180  criminal conflict and civil regional counsel is providing
  181  representation. Assistant regional counsel may not accept
  182  criminal cases for reimbursement by the state under s. 27.5304.
  183  This paragraph expires June 30, 2010.
  184         Section 3. Section 27.562, Florida Statutes, is amended to
  185  read:
  186         27.562 Disposition of funds.—The first $50 of All funds
  187  collected pursuant to s. 938.29 shall be remitted to the
  188  Department of Revenue for deposit deposited into the Indigent
  189  Criminal Defense Trust Fund administered by the Justice
  190  Administrative Commission pursuant to s. 27.525 in satisfaction
  191  of the application fee for a determination of indigent status
  192  under s. 27.52 if the fee was not paid. The remaining funds
  193  collected pursuant to s. 938.29 shall be distributed as follows:
  194         (1) Twenty-five percent shall be remitted to the Department
  195  of Revenue for deposit into the Justice Administrative
  196  Commission’s Indigent Criminal Defense Trust Fund.
  197         (2) Seventy-five percent shall be remitted to the
  198  Department of Revenue for deposit into the General Revenue Fund.
  199  
  200  The Justice Administrative Commission shall account for funds
  201  deposited into the Indigent Criminal Defense Trust Fund by
  202  circuit. Appropriations from the fund shall be proportional to
  203  each circuit’s collections. All judgments entered pursuant to
  204  this part shall be in the name of the state.
  205         Section 4. Effective June 1, 2009, section 28.2401, Florida
  206  Statutes, is amended to read:
  207         28.2401 Service charges and filing fees in probate
  208  matters.—
  209         (1) Except when otherwise provided, the clerk may impose
  210  service charges or filing fees for the following services or
  211  filings, not to exceed the following amounts:
  212         (a) Fee for the opening of any estate of one document or
  213  more, including, but not limited to, petitions and orders to
  214  approve settlement of minor’s claims; to open a safe-deposit
  215  box; to enter rooms and places; for the determination of heirs,
  216  if not formal administration; and for a foreign guardian to
  217  manage property of a nonresident; but not to include issuance of
  218  letters or order of summary administration.............$230 $115
  219         (b) Charge for caveat.................................$40
  220         (c) Fee for petition and order to admit foreign wills,
  221  authenticated copies, exemplified copies, or transcript to
  222  record.................................................$230 $115
  223         (d) Fee for disposition of personal property without
  224  administration.........................................$230 $115
  225         (e) Fee for summary administration—estates valued at $1,000
  226  or more................................................$340 $225
  227         (f) Fee for summary administration—estates valued at less
  228  than $1,000............................................$230 $115
  229         (g) Fee for formal administration, guardianship, ancillary,
  230  curatorship, or conservatorship proceedings .......... $395 $280
  231         (h) Fee for guardianship proceedings of person only $230 $115
  232         (i) Fee for veterans’ guardianship pursuant to
  233  chapter 744 ...........................................$230 $115
  234         (j) Charge for exemplified certificates................$7
  235         (k) Fee for petition for determination of
  236  incompetency.......................................... $230 $115
  237  
  238  The clerk shall remit $115 of each filing fee collected under
  239  paragraphs (a), (c)-(i), and (k) to the Department of Revenue
  240  for deposit into the State Courts Revenue Trust Fund.
  241         (2) Upon application by the clerk and a showing of
  242  extraordinary circumstances, the service charges or filing fees
  243  set forth in this section may be increased in an individual
  244  matter by order of the circuit court before which the matter is
  245  pending, to more adequately compensate for the services
  246  performed or filings made.
  247         (3) An additional service charge of $4 on petitions seeking
  248  summary administration, formal administration, ancillary
  249  administration, guardianship, curatorship, and conservatorship
  250  shall be paid to the clerk. The clerk shall transfer $3.50 to
  251  the Department of Revenue for deposit into the Court Education
  252  Trust Fund and shall transfer 50 cents to the Department of
  253  Revenue for deposit into the Department of Financial Services’
  254  Administrative Trust Fund to fund clerk education. No additional
  255  fees, charges, or costs shall be added to the service charges or
  256  filing fees imposed under this section, except as authorized by
  257  general law.
  258         (4) Recording shall be required for all petitions opening
  259  and closing an estate; petitions regarding real estate; and
  260  orders, letters, bonds, oaths, wills, proofs of wills, returns,
  261  and such other papers as the judge shall deem advisable to
  262  record or that shall be required to be recorded under the
  263  Florida Probate Code.
  264         Section 5. Effective June 1, 2009, subsections (1) and (2)
  265  of section 28.241, Florida Statutes, are amended to read:
  266         28.241 Filing fees for trial and appellate proceedings.—
  267         (1)(a)1.a. Except as provided in sub-subparagraph b. and
  268  subparagraph 2., the party instituting any civil action, suit,
  269  or proceeding in the circuit court shall pay to the clerk of
  270  that court a filing fee of up to $395 $295 in all cases in which
  271  there are not more than five defendants and an additional filing
  272  fee of up to $2.50 for each defendant in excess of five. Of the
  273  first $265 $85 in filing fees, $80 must be remitted by the clerk
  274  to the Department of Revenue for deposit into the General
  275  Revenue Fund, $180 must be remitted to the Department of Revenue
  276  for deposit into the State Courts Revenue Trust Fund, and $5
  277  must be remitted to the Department of Revenue for deposit into
  278  the Department of Financial Services’ Administrative Trust Fund
  279  to fund the contract with the Florida Clerks of Court Operations
  280  Corporation created in s. 28.35. The next $15 of the filing fee
  281  collected shall be deposited in the state courts’ Mediation and
  282  Arbitration Trust Fund. One-third of any filing fees collected
  283  by the clerk of the circuit court in excess of $100 shall be
  284  remitted to the Department of Revenue for deposit into the
  285  Department of Revenue Clerks of the Court Trust Fund.
  286         b. The party instituting any civil action, suit, or
  287  proceeding in the circuit court under chapter 39, chapter 61,
  288  chapter 741, chapter 742, chapter 747, chapter 752, or chapter
  289  753 shall pay to the clerk of that court a filing fee of up to
  290  $295 in all cases in which there are not more than five
  291  defendants and an additional filing fee of up to $2.50 for each
  292  defendant in excess of five. Of the first $165 in filing fees,
  293  $80 must be remitted by the clerk to the Department of Revenue
  294  for deposit into the General Revenue Fund, $80 must be remitted
  295  to the Department of Revenue for deposit into the State Courts
  296  Revenue Trust Fund, and $5 must be remitted to the Department of
  297  Revenue for deposit into the Department of Financial Services’
  298  Administrative Trust Fund to fund the contract with the Florida
  299  Clerks of Court Operations Corporation created in s. 28.35. The
  300  next $15 of the filing fee collected shall be deposited in the
  301  state courts’ Mediation and Arbitration Trust Fund.
  302         c. An additional filing fee of $4 shall be paid to the
  303  clerk. The clerk shall remit $3.50 to the Department of Revenue
  304  for deposit into the Court Education Trust Fund and shall remit
  305  50 cents to the Department of Revenue for deposit into the
  306  Department of Financial Services Administrative Trust Fund to
  307  fund clerk education. An additional filing fee of up to $18
  308  shall be paid by the party seeking each severance that is
  309  granted. The clerk may impose an additional filing fee of up to
  310  $85 for all proceedings of garnishment, attachment, replevin,
  311  and distress. Postal charges incurred by the clerk of the
  312  circuit court in making service by certified or registered mail
  313  on defendants or other parties shall be paid by the party at
  314  whose instance service is made. No additional fees, charges, or
  315  costs shall be added to the filing fees imposed under this
  316  section, except as authorized in this section herein or by
  317  general law.
  318         2.a. Notwithstanding the fees prescribed in subparagraph
  319  1., a party instituting a civil action in circuit court relating
  320  to real property or mortgage foreclosure shall pay a graduated
  321  filing fee based on the value of the claim.
  322         b. A party shall estimate in writing the amount in
  323  controversy of the claim upon filing the action. For purposes of
  324  this subparagraph, the value of a mortgage foreclosure action is
  325  based upon the principal due on the note secured by the
  326  mortgage, plus interest owed on the note and any moneys advanced
  327  by the lender for property taxes, insurance, and other advances
  328  secured by the mortgage, at the time of filing the foreclosure.
  329  The value shall also include the value of any tax certificates
  330  related to the property. In stating the value of a mortgage
  331  foreclosure claim, a party shall declare in writing the total
  332  value of the claim, as well as the individual elements of the
  333  value as prescribed in this sub-subparagraph.
  334         c. In its order providing for the final disposition of the
  335  matter, the court shall identify the actual value of the claim.
  336  The clerk shall adjust the filing fee if there is a difference
  337  between the estimated amount in controversy and the actual value
  338  of the claim and collect any additional filing fee owed or
  339  provide a refund of excess filing fee paid.
  340         d. The party shall pay a filing fee of:
  341         (I) Three hundred and ninety-five dollars in all cases in
  342  which the value of the claim is $50,000 or less and in which
  343  there are not more than five defendants. The party shall pay an
  344  additional filing fee of up to $2.50 for each defendant in
  345  excess of five. Of the first $265 in filing fees, $80 must be
  346  remitted by the clerk to the Department of Revenue for deposit
  347  into the General Revenue Fund, $180 must be remitted to the
  348  Department of Revenue for deposit into the State Courts Revenue
  349  Trust Fund, and $5 must be remitted to the Department of Revenue
  350  for deposit into the Department of Financial Services’
  351  Administrative Trust Fund to fund the contract with the Florida
  352  Clerks of Court Operations Corporation created in s. 28.35. The
  353  next $15 of the filing fee collected shall be deposited in the
  354  state courts’ Mediation and Arbitration Trust Fund;
  355         (II) Nine hundred dollars in all cases in which the value
  356  of the claim is more than $50,000 but less than $250,000 and in
  357  which there are not more than five defendants. The party shall
  358  pay an additional filing fee of up to $2.50 for each defendant
  359  in excess of five. Of the first $770 in filing fees, $80 must be
  360  remitted by the clerk to the Department of Revenue for deposit
  361  into the General Revenue Fund, $685 must be remitted to the
  362  Department of Revenue for deposit into the State Courts Revenue
  363  Trust Fund, and $5 must be remitted to the Department of Revenue
  364  for deposit into the Department of Financial Services’
  365  Administrative Trust Fund to fund the contract with the Florida
  366  Clerks of Court Operations Corporation described in s. 28.35.
  367  The next $15 of the filing fee collected shall be deposited in
  368  the state courts’ Mediation and Arbitration Trust Fund; or
  369         (III) One thousand nine hundred dollars in all cases in
  370  which the value of the claim is $250,000 or more and in which
  371  there are not more than five defendants. The party shall pay an
  372  additional filing fee of up to $2.50 for each defendant in
  373  excess of five. Of the first $1,770 in filing fees, $80 must be
  374  remitted by the clerk to the Department of Revenue for deposit
  375  into the General Revenue Fund, $1,685 must be remitted to the
  376  Department of Revenue for deposit into the State Courts Revenue
  377  Trust Fund, and $5 must be remitted to the Department of Revenue
  378  for deposit into the Department of Financial Services’
  379  Administrative Trust Fund to fund the contract with the Florida
  380  Clerks of Court Operations Corporation created in s. 28.35. The
  381  next $15 of the filing fee collected shall be deposited in the
  382  state courts’ Mediation and Arbitration Trust Fund.
  383         e. An additional filing fee of $4 shall be paid to the
  384  clerk. The clerk shall remit $3.50 to the Department of Revenue
  385  for deposit into the Court Education Trust Fund and shall remit
  386  50 cents to the Department of Revenue for deposit into the
  387  Department of Financial Services’ Administrative Trust Fund to
  388  fund clerk education. An additional filing fee of up to $18
  389  shall be paid by the party seeking each severance that is
  390  granted. The clerk may impose an additional filing fee of up to
  391  $85 for all proceedings of garnishment, attachment, replevin,
  392  and distress. Postal charges incurred by the clerk of the
  393  circuit court in making service by certified or registered mail
  394  on defendants or other parties shall be paid by the party at
  395  whose instance service is made. No additional fees, charges, or
  396  costs shall be added to the filing fees imposed under this
  397  section, except as authorized in this section or by general law.
  398         (b) A party reopening any civil action, suit, or proceeding
  399  in the circuit court shall pay to the clerk of court a filing
  400  fee set by the clerk in an amount not to exceed $50. For
  401  purposes of this section, a case is reopened when a case
  402  previously reported as disposed of is resubmitted to a court and
  403  includes petitions for modification of a final judgment of
  404  dissolution. A party is exempt from paying the fee for any of
  405  the following:
  406         1. A writ of garnishment;
  407         2. A writ of replevin;
  408         3. A distress writ;
  409         4. A writ of attachment;
  410         5. A motion for rehearing filed within 10 days;
  411         6. A motion for attorney’s fees filed within 30 days after
  412  entry of a judgment or final order;
  413         7. A motion for dismissal filed after a mediation agreement
  414  has been filed;
  415         8. A disposition of personal property without
  416  administration;
  417         9. Any probate case prior to the discharge of a personal
  418  representative;
  419         10. Any guardianship pleading prior to discharge;
  420         11. Any mental health pleading;
  421         12. Motions to withdraw by attorneys;
  422         13. Motions exclusively for the enforcement of child
  423  support orders;
  424         14. A petition for credit of child support;
  425         15. A Notice of Intent to Relocate and any order issuing as
  426  a result of an uncontested relocation;
  427         16. Stipulations;
  428         17. Responsive pleadings; or
  429         18. Cases in which there is no initial filing fee.
  430         (c)1. A Any party in addition to other than a party
  431  described in sub-subparagraph (a)1.a. paragraph (a) who files a
  432  pleading in an original civil action in circuit court for
  433  affirmative relief by cross-claim, counterclaim,
  434  counterpetition, or third-party complaint shall pay the clerk of
  435  court a fee of $395 $295. A party in addition to a party
  436  described in sub-subparagraph (a)1.b. who files a pleading in an
  437  original civil action in circuit court for affirmative relief by
  438  cross-claim, counterclaim, counterpetition, or third-party
  439  complaint shall pay the clerk of court a fee of $295. The clerk
  440  shall remit the fee to the Department of Revenue for deposit
  441  into the General Revenue Fund.
  442         2. A party in addition to a party described in subparagraph
  443  (a)2. who files a pleading in an original civil action in
  444  circuit court for affirmative relief by cross-claim,
  445  counterclaim, counterpetition, or third-party complaint shall
  446  pay the clerk of court a graduated fee of:
  447         a. Three hundred and ninety-five dollars in all cases in
  448  which the value of the pleading is $50,000 or less;
  449         b. Nine hundred dollars in all cases in which the value of
  450  the pleading is more than $50,000 but less than $250,000; or
  451         c. One thousand nine hundred dollars in all cases in which
  452  the value of the pleading is $250,000 or more.
  453  
  454  The clerk shall remit the fees collected under this subparagraph
  455  to the Department of Revenue for deposit into the General
  456  Revenue Fund, except that the clerk shall remit $100 of the fee
  457  collected under sub-subparagraph a., $605 of the fee collected
  458  under sub-subparagraph b., and $1,605 of the fee collected under
  459  sub-subparagraph c. to the Department of Revenue for deposit
  460  into the State Courts Revenue Trust Fund.
  461         (d) The clerk of court shall collect a service charge of
  462  $10 for issuing a summons. The clerk shall assess the fee
  463  against the party seeking to have the summons issued.
  464         (2) Upon the institution of any appellate proceeding from
  465  any lower court to the circuit court of any such county,
  466  including appeals filed by a county or municipality as provided
  467  in s. 34.041(5), or from the circuit court to an appellate court
  468  of the state, the clerk shall charge and collect from the party
  469  or parties instituting such appellate proceedings a filing fee
  470  not to exceed $280 for filing a notice of appeal from the county
  471  court to the circuit court and, in addition to the filing fee
  472  required under s. 25.241 or s. 35.22, $100 for filing a notice
  473  of appeal from the circuit court to the district court of appeal
  474  or to the Supreme Court. If the party is determined to be
  475  indigent, the clerk shall defer payment of the fee. The clerk
  476  shall remit the first $80 to the Department of Revenue for
  477  deposit into the General Revenue Fund. One-third of the fee
  478  collected by the clerk in excess of $80 also shall be remitted
  479  to the Department of Revenue for deposit into the Clerks of the
  480  Court Trust Fund.
  481         Section 6. Section 28.33, Florida Statutes, is amended to
  482  read:
  483         28.33 Investment of county funds by the clerk of the
  484  circuit court.—The clerk of the circuit court in each county
  485  shall invest county funds in excess of those required to meet
  486  expenses as provided in s. 218.415. No clerk investing such
  487  funds shall be liable for the loss of any interest when
  488  circumstances require the withdrawal of funds placed in a time
  489  deposit and needed for immediate payment of county obligations.
  490  Except for interest earned on moneys deposited in the registry
  491  of the court, all interest accruing from moneys deposited shall
  492  be deemed income of the county and may be expended as receipts
  493  of the county as approved by the board of county commissioners
  494  pursuant to chapter 129 office of the clerk of the circuit court
  495  investing such moneys and shall be deposited in the same account
  496  as are other fees and commissions of the clerk’s office. The
  497  clerk may invest moneys deposited in the registry of the court
  498  and shall retain as income of the office of the clerk and as a
  499  reasonable investment management fee 10 percent of the interest
  500  accruing on those funds with the balance of such interest being
  501  allocated in accordance with the interest of the depositors.
  502         Section 7. Subsection (1) of section 34.041, Florida
  503  Statutes, is amended to read:
  504         34.041 Filing fees.—
  505         (1)(a) Upon the institution of any civil action, suit, or
  506  proceeding in county court, the party shall pay the following
  507  filing fee, not to exceed:
  508         1. For all claims less than $100.....................$50.
  509         2. For all claims of $100 or more but not morethan $500$75.
  510         3. For all claims of more than $500 but not more than
  511  $2,500.....................................................$170.
  512         4. For all claims of more than $2,500...............$295.
  513         5. In addition, for all proceedings of garnishment,
  514  attachment, replevin, and distress..........................$85.
  515         6. Notwithstanding subparagraphs 3. and 5., for all claims
  516  of not more than $1,000 filed simultaneously with an action for
  517  replevin of property that is the subject of the claim......$125.
  518         7.6. For removal of tenant action..............$180 $265.
  519         (b) The first $80 of the filing fee collected under
  520  subparagraph (a)4. shall be remitted to the Department of
  521  Revenue for deposit into the General Revenue Fund. The next $15
  522  of the filing fee collected under subparagraph (a)4., and the
  523  first $10 $15 of the each filing fee collected under
  524  subparagraph (a)7. subparagraph (a)6., shall be deposited in the
  525  state courts’ Mediation and Arbitration Trust Fund. One-third of
  526  any filing fees collected by the clerk under this section in
  527  excess of the first $95 collected under subparagraph (a)4. shall
  528  be remitted to the Department of Revenue for deposit into the
  529  Department of Revenue Clerks of the Court Trust Fund. An
  530  additional filing fee of $4 shall be paid to the clerk. The
  531  clerk shall transfer $3.50 to the Department of Revenue for
  532  deposit into the Court Education Trust Fund and shall transfer
  533  50 cents to the Department of Revenue for deposit into the
  534  Department of Financial Services’ Administrative Trust Fund to
  535  fund clerk education. Postal charges incurred by the clerk of
  536  the county court in making service by mail on defendants or
  537  other parties shall be paid by the party at whose instance
  538  service is made. Except as provided herein, filing fees and
  539  service charges for performing duties of the clerk relating to
  540  the county court shall be as provided in ss. 28.24 and 28.241.
  541  Except as otherwise provided herein, all filing fees shall be
  542  retained as fee income of the office of the clerk of circuit
  543  court. Filing fees imposed by this section may not be added to
  544  any penalty imposed by chapter 316 or chapter 318.
  545         (c) A Any party in addition to other than a party described
  546  in paragraph (a) who files a pleading in an original civil
  547  action in the county court for affirmative relief by cross
  548  claim, counterclaim, counterpetition, or third-party complaint,
  549  or who files a notice of cross-appeal or notice of joinder or
  550  motion to intervene as an appellant, cross-appellant, or
  551  petitioner, shall pay the clerk of court a fee of $295 if the
  552  relief sought by the party under this paragraph exceeds $2,500.
  553  The clerk shall remit the fee to the Department of Revenue for
  554  deposit into the General Revenue Fund. This fee does shall not
  555  apply if where the cross-claim, counterclaim, counterpetition,
  556  or third-party complaint requires transfer of the case from
  557  county to circuit court. However, the party shall pay to the
  558  clerk the standard filing fee for the court to which the case is
  559  to be transferred. The clerk shall remit the fee to the
  560  Department of Revenue for deposit into the General Revenue Fund.
  561         (d) The clerk of court shall collect a service charge of
  562  $10 for issuing a summons. The clerk shall assess the fee
  563  against the party seeking to have the summons issued.
  564         Section 8. Section 57.081, Florida Statutes, is amended to
  565  read:
  566         57.081 Costs; right to proceed where prepayment of costs
  567  and payment of filing fees waived.—
  568         (1) Any indigent person, except a prisoner as defined in s.
  569  57.085, who is a party or intervenor in any judicial or
  570  administrative agency proceeding or who initiates such
  571  proceeding shall receive the services of the courts, sheriffs,
  572  and clerks, with respect to such proceedings, despite his or her
  573  present inability to pay for these services. Such services are
  574  limited to filing fees; service of process; certified copies of
  575  orders or final judgments; a single photocopy of any court
  576  pleading, record, or instrument filed with the clerk; examining
  577  fees; mediation services and fees; private court-appointed
  578  counsel fees; subpoena fees and services; service charges for
  579  collecting and disbursing funds; and any other cost or service
  580  arising out of pending litigation. In any appeal from an
  581  administrative agency decision, for which the clerk is
  582  responsible for preparing the transcript, the clerk shall record
  583  the cost of preparing the transcripts and the cost for copies of
  584  any exhibits in the record. Prepayment of costs to any court,
  585  clerk, or sheriff is not required and payment of filing fees is
  586  not required in any action if the party has obtained in each
  587  proceeding a certification of indigence in accordance with s.
  588  27.52 or s. 57.082.
  589         (2) Any sheriff who, in complying with the terms of this
  590  section, expends personal funds for automotive fuel or ordinary
  591  carfare in serving the process of those qualifying under this
  592  section may requisition the board of county commissioners of the
  593  county for the actual expense, and on the submission to the
  594  board of county commissioners of appropriate proof of any such
  595  expenditure, the board of county commissioners shall pay the
  596  amount of the actual expense from the general fund of the county
  597  to the requisitioning officer.
  598         (3) If an applicant prevails in an action, costs shall be
  599  taxed in his or her favor as provided by law and, when
  600  collected, shall be applied to pay filing fees or costs that
  601  which otherwise would have been required and which have not been
  602  paid.
  603         Section 9. Subsections (1) and (6) of section 57.082,
  604  Florida Statutes, are amended to read:
  605         57.082 Determination of civil indigent status.—
  606         (1) APPLICATION TO THE CLERK.—A person seeking appointment
  607  of an attorney in a civil case eligible for court-appointed
  608  counsel, or seeking relief from payment prepayment of filing
  609  fees and prepayment of costs under s. 57.081, based upon an
  610  inability to pay must apply to the clerk of the court for a
  611  determination of civil indigent status using an application form
  612  developed by the Florida Clerks of Court Operations Corporation
  613  with final approval by the Supreme Court.
  614         (a) The application must include, at a minimum, the
  615  following financial information:
  616         1. Net income, consisting of total salary and wages, minus
  617  deductions required by law, including court-ordered support
  618  payments.
  619         2. Other income, including, but not limited to, social
  620  security benefits, union funds, veterans’ benefits, workers’
  621  compensation, other regular support from absent family members,
  622  public or private employee pensions, unemployment compensation,
  623  dividends, interest, rent, trusts, and gifts.
  624         3. Assets, including, but not limited to, cash, savings
  625  accounts, bank accounts, stocks, bonds, certificates of deposit,
  626  equity in real estate, and equity in a boat or a motor vehicle
  627  or in other tangible property.
  628         4. All liabilities and debts.
  629  
  630  The application must include a signature by the applicant which
  631  attests to the truthfulness of the information provided. The
  632  application form developed by the corporation must include
  633  notice that the applicant may seek court review of a clerk’s
  634  determination that the applicant is not indigent, as provided in
  635  this section.
  636         (b) The clerk shall assist a person who appears before the
  637  clerk and requests assistance in completing the application, and
  638  the clerk shall notify the court if a person is unable to
  639  complete the application after the clerk has provided
  640  assistance.
  641         (c) The clerk shall accept an application that is signed by
  642  the applicant and submitted on his or her behalf by a private
  643  attorney who is representing the applicant in the applicable
  644  matter.
  645         (d) A person who seeks appointment of an attorney in a case
  646  under chapter 39, at the trial or appellate level, for which an
  647  indigent person is eligible for court-appointed representation,
  648  shall pay a $50 application fee to the clerk for each
  649  application filed. The applicant shall pay the fee within 7 days
  650  after submitting the application. The clerk shall transfer
  651  monthly all application fees collected under this paragraph to
  652  the Department of Revenue for deposit into the Indigent Civil
  653  Defense Trust Fund, to be used as appropriated by the
  654  Legislature. The clerk may retain 10 percent of application fees
  655  collected monthly for administrative costs prior to remitting
  656  the remainder to the Department of Revenue. A person found to be
  657  indigent may not be refused counsel. If the person cannot pay
  658  the application fee, the clerk shall enroll the person in a
  659  payment plan pursuant to s. 28.246.
  660         (6) PROCESSING CHARGE; PAYMENT PLANS.—A person who the
  661  clerk or the court determines is indigent for civil proceedings
  662  under this section shall be enrolled in a payment plan under s.
  663  28.246 and shall be charged a one-time administrative processing
  664  charge under s. 28.24(26)(c). A monthly payment amount,
  665  calculated based upon all fees and all anticipated costs, is
  666  presumed to correspond to the person’s ability to pay if it does
  667  not exceed 2 percent of the person’s annual net income, as
  668  defined in subsection (1), divided by 12. The person may seek
  669  review of the clerk’s decisions regarding a payment plan
  670  established under s. 28.246 in the court having jurisdiction
  671  over the matter. A case may not be impeded in any way, delayed
  672  in filing, or delayed in its progress, including the final
  673  hearing and order, due to nonpayment of any fees or costs by an
  674  indigent person. Filing fees waived from payment under s. 57.081
  675  may not be included in the calculation related to a payment plan
  676  established under this section.
  677         Section 10. Section 318.121, Florida Statutes, is amended
  678  to read:
  679         318.121 Preemption of additional fees, fines, surcharges,
  680  and costs.—Notwithstanding any general or special law, or
  681  municipal or county ordinance, additional fees, fines,
  682  surcharges, or costs other than the court costs and surcharges
  683  assessed under s. 318.18(11), (13), and (18), and (19) may not
  684  be added to the civil traffic penalties assessed in this
  685  chapter.
  686         Section 11. Subsection (1) of section 318.15, Florida
  687  Statutes, as amended by section 2 of chapter 2009-6, Laws of
  688  Florida, is amended to read:
  689         318.15 Failure to comply with civil penalty or to appear;
  690  penalty.—
  691         (1)(a) If a person fails to comply with the civil penalties
  692  provided in s. 318.18 within the time period specified in s.
  693  318.14(4), fails to attend driver improvement school, or fails
  694  to appear at a scheduled hearing, the clerk of the court shall
  695  notify the Division of Driver Licenses of the Department of
  696  Highway Safety and Motor Vehicles of such failure within 10 days
  697  after such failure. Upon receipt of such notice, the department
  698  shall immediately issue an order suspending the driver’s license
  699  and privilege to drive of such person effective 20 days after
  700  the date the order of suspension is mailed in accordance with s.
  701  322.251(1), (2), and (6). Any such suspension of the driving
  702  privilege which has not been reinstated, including a similar
  703  suspension imposed outside Florida, shall remain on the records
  704  of the department for a period of 7 years from the date imposed
  705  and shall be removed from the records after the expiration of 7
  706  years from the date it is imposed.
  707         (b) However, a person who elects to attend driver
  708  improvement school and has paid the civil penalty as provided in
  709  s. 318.14(9), but who subsequently fails to attend the driver
  710  improvement school within the time specified by the court shall
  711  be deemed to have admitted the infraction and shall be
  712  adjudicated guilty. In such a case in which there was an 18
  713  percent reduction pursuant to s. 318.14(9) as it existed before
  714  February 1, 2009 prior to the effective date of this act, the
  715  person must pay the clerk of the court that amount and a
  716  processing fee of up to $18, after which no additional
  717  penalties, court costs, or surcharges shall be imposed for the
  718  violation. In all other such cases, the person must pay the
  719  clerk a processing fee of up to $18, after which no additional
  720  penalties, court costs, or surcharges shall be imposed for the
  721  violation. The clerk of the court shall notify the department of
  722  the person’s failure to attend driver improvement school and
  723  points shall be assessed pursuant to s. 322.27.
  724         Section 12. Subsections (18) and (19) of section 318.18,
  725  Florida Statutes, as amended by section 3 of chapter 2009-6,
  726  Laws of Florida, are amended to read:
  727         318.18 Amount of penalties.—The penalties required for a
  728  noncriminal disposition pursuant to s. 318.14 or a criminal
  729  offense listed in s. 318.17 are as follows:
  730         (18) In addition to any penalties imposed, an
  731  administrative fee of $12.50 must be paid for all noncriminal
  732  moving and nonmoving traffic violations under chapters chapter
  733  316, 320, and 322. Revenue from the administrative fee shall be
  734  deposited by the clerk of court into the fine and forfeiture
  735  fund established pursuant to s. 142.01.
  736         (19) In addition to any penalties imposed, an Article V
  737  assessment of $10 must be paid for all noncriminal moving and
  738  nonmoving traffic violations under chapters chapter 316, 320,
  739  and 322. The assessment is not revenue for purposes of s. 28.36
  740  and may not be used in establishing the budget of the clerk of
  741  the court under that section or s. 28.35. Of the funds collected
  742  under this subsection:
  743         (a) The sum of $5 shall be deposited in the State Courts
  744  Revenue Trust Fund for use by the state courts system;
  745         (b) The sum of $3.33 shall be deposited in the State
  746  Attorneys Revenue Trust Fund for use by the state attorneys; and
  747         (c) The sum of $1.67 shall be deposited in the Public
  748  Defenders Revenue Trust Fund for use by the public defenders.
  749         Section 13. For the purpose of incorporating the amendments
  750  made by this act to section 318.18, Florida Statutes, in
  751  references thereto, subsections (18) and (19) of section 318.21,
  752  Florida Statutes, as amended by section 4 of chapter 2009-6,
  753  Laws of Florida, are reenacted to read:
  754         318.21 Disposition of civil penalties by county courts.—All
  755  civil penalties received by a county court pursuant to the
  756  provisions of this chapter shall be distributed and paid monthly
  757  as follows:
  758         (18) Notwithstanding subsections (1) and (2), the proceeds
  759  from the administrative fee imposed under s. 318.18(18) shall be
  760  distributed as provided in that subsection.
  761         (19) Notwithstanding subsections (1) and (2), the proceeds
  762  from the Article V assessment imposed under s. 318.18(19) shall
  763  be distributed as provided in that subsection.
  764         Section 14. If CS for SB 412, as enacted during the 2009
  765  Regular Session, becomes law, paragraph (d) is added to
  766  subsection (1) of section 939.185, Florida Statutes, to read,
  767  and shall supersede and prevail over amendments made to that
  768  subsection by CS for SB 412:
  769         939.185 Assessment of additional court costs and
  770  surcharges.—
  771         (1)
  772         (d) The clerk of court shall cause a certified copy of the
  773  court order imposing such costs to be recorded in the public
  774  records. Such record constitutes a lien against the person upon
  775  whom the costs are imposed and shall attach as a lien on any
  776  real property owned by such person located in the county in
  777  which such order is recorded in the same manner and to the same
  778  extent as a judgment recorded as provided in s. 55.10. Such
  779  order shall attach as a lien on any personal property owned by
  780  such person located in the state upon the filing with the
  781  Department of State of a judgment lien certificate regarding
  782  such order as provided in ss. 55.202-55.209. A lien created
  783  under this paragraph does not attach to, or make subject to
  784  execution of levy or foreclosure, any real or personal property
  785  otherwise exempt under s. 4, Art. X of the State Constitution. A
  786  lien created under this paragraph is enforceable in the same
  787  manner as provided by law.
  788         Section 15. Transfer of trust funds in excess of amount
  789  needed for clerk budgets.—By June 20th of each year, the Florida
  790  Clerks of Court Operations Corporation shall identify the amount
  791  of funds in the Clerks of Court Trust Fund in excess of the
  792  amount needed to fund the approved clerk of court budgets for
  793  the current state fiscal year. The Justice Administrative
  794  Commission shall transfer the amount identified by the
  795  corporation from the Clerks of Court Trust Fund to the General
  796  Revenue Fund by June 25th of each year.
  797         Section 16. Each clerk of court shall implement an
  798  electronic filing process. The purpose of the electronic filing
  799  process is to reduce judicial costs in the office of the clerk
  800  and the judiciary, increase timeliness in the processing of
  801  cases, and provide the judiciary with case-related information
  802  to allow for improved judicial case management. The Legislature
  803  requests that, no later than July 1, 2009, the Supreme Court set
  804  statewide standards for electronic filing to be used by the
  805  clerks of court to implement electronic filing. The standards
  806  should specify the required information for the duties of the
  807  clerks of court and the judiciary for case management. The
  808  clerks of court shall begin implementation no later than October
  809  1, 2009. The Florida Clerks of Court Operations Corporation
  810  shall report to the President of the Senate and the Speaker of
  811  the House of Representatives by March 1, 2010, on the status of
  812  implementing electronic filing. The report shall include the
  813  detailed status of each clerk office’s implementation of an
  814  electronic filing process, and for those clerks who have not
  815  fully implemented electronic filing by March 1, 2010, a
  816  description of the additional steps needed and a projected
  817  timeline for full implementation. Revenues provided to counties
  818  and the clerk of court under s. 28.24(12)(e), Florida Statutes,
  819  for information technology may also be used to implement
  820  electronic filing processes.
  821         Section 17. It is the intent of the Legislature that the
  822  First District Court of Appeal, through a pilot project
  823  conducted in cooperation with the Office of Judges of
  824  Compensation Claims, implement an electronic filing system for
  825  appeals of workers’ compensation cases, in part to reduce costs
  826  to the Workers’ Compensation Administrative Trust Fund. To the
  827  extent feasible, the system the First District Court of Appeal
  828  adopts shall use, or be compatible with, the current electronic
  829  filing system used by the Office of Judges of Compensation
  830  Claims and shall be capable of being used to receive and
  831  maintain electronic filings in other cases as may be authorized
  832  in the future. The chief judge of the First District Court of
  833  Appeal and the deputy chief judge of compensation claims are
  834  responsible for determining when the system is capable of
  835  reliably receiving electronic filings. It is further the intent
  836  of the Legislature that, in cases in which a judge of
  837  compensation claims enters an order finding a claimant indigent,
  838  all further processing shall use the electronic system to the
  839  fullest extent possible. In nonindigent cases in which an
  840  electronic filer uses a credit card to pay the court’s filing
  841  fee, the First District Court of Appeal may impose a reasonable
  842  surcharge to recover any costs that financial institutions
  843  impose for the filer’s use of the credit card, if necessary to
  844  ensure that the required filing fee to the state is satisfied
  845  fully. The chief judge of the First District Court of Appeal
  846  shall submit a report to the President of the Senate and the
  847  Speaker of the House of Representatives 9 months after the
  848  system is operational, addressing use of the system and
  849  identifying any statutory or fiscal factors affecting
  850  implementation of the system.
  851         Section 18. Notwithstanding s. 28.36, Florida Statutes, the
  852  statewide budget cap for the clerks of court is $451,380,312 for
  853  the 2009-2010 state fiscal year. The Florida Clerks of Court
  854  Operations Corporation shall reduce the individual approved
  855  budgets of the clerks of court to ensure that the sum of the
  856  approved budgets does not exceed this statewide budget cap. This
  857  section shall take effect only if CS for CS for Senate Bill
  858  2108, as enacted during the 2009 Regular Session, does not
  859  become a law.
  860         Section 19. Effective on the same date as CS for CS for SB
  861  2108, as enacted during the 2009 Regular Session, if that act
  862  becomes law:
  863         (1) By January 15, 2010, the Office of Program Policy
  864  Analysis and Government Accountability, in consultation with the
  865  Chief Financial Officer and the Auditor General, shall provide a
  866  report to the President of the Senate and the Speaker of the
  867  House of Representatives regarding the operation and functions
  868  of the clerks of court and the courts. The Office of Program
  869  Policy Analysis and Government Accountability shall examine who
  870  is performing each court-related function, how each function is
  871  funded, and how efficiently these functions are performed. The
  872  clerks of court, the Florida Clerks of Court Operations
  873  Corporation, and the state courts system shall cooperate fully
  874  with the office and, upon request, provide any and all
  875  information necessary to the review without cost or delay. The
  876  report shall describe in detail the base budget for each of the
  877  clerks and for the state courts system and report on the overall
  878  efficiency of the current process. Administrative overhead shall
  879  be calculated separately, and any apparent means to reduce such
  880  overhead shall be explored and included in the report. The study
  881  shall list each court-related function, a recommendation on who
  882  should perform the function, and a recommendation for how to pay
  883  for such function.
  884         (2) The Technology Review Workgroup shall develop a
  885  proposed plan for identifying and recommending options for
  886  implementing the integrated computer system established in s.
  887  29.008(1)(f)2., Florida Statutes. The plan shall describe the
  888  approaches and processes for evaluating the existing computer
  889  systems and data-sharing networks of the state courts system and
  890  the clerks of the court; identifying the required business and
  891  technical requirements; reliably estimating the cost, work, and
  892  change requirements; and examining the use of the funds
  893  collected under s. 28.24(12)(e), Florida Statutes. The plan may
  894  also address any necessary policy, operational, fiscal, or
  895  technical changes, including, but not limited to, potential
  896  changes to the distribution and use of funds collected under s.
  897  28.24(12)(e), Florida Statutes, which may be needed in order to
  898  manage, implement, and operate an integrated computer system.
  899  The plan shall be submitted to the President of the Senate and
  900  the Speaker of the House of Representatives no later than
  901  February 1, 2010. The clerks of court, the Florida Clerks of
  902  Court Operations Corporation, and the state courts system shall
  903  cooperate fully with the workgroup and provide any and all
  904  information necessary for the completion of the project without
  905  cost or delay upon request. The workgroup shall work in
  906  conjunction with the Auditor General and consider the results of
  907  the plans, studies, and reports of the Office of Program Policy
  908  Analysis and Government Accountability under subsection (1).
  909  Until July 1, 2011, each clerk shall submit a summary of all new
  910  hardware and software purchases in excess of $25,000 to the
  911  Florida Clerks of Court Operations Corporation on a monthly
  912  basis, and the corporation shall a submit a report of all such
  913  purchases to the President of the Senate and the Speaker of the
  914  House of Representatives on a quarterly basis. The clerk shall
  915  include a statement with the summary that the purchases were
  916  made in good faith and were reasonable and necessary for the
  917  continuing efficient operations of the clerk’s office.
  918         (3) This section supersedes and prevails over section 18 of
  919  CS for CS for Senate Bill 2108, as enacted during the 2009
  920  Regular Session. However, this section shall not take effect if
  921  CS for CS for Senate Bill 2108 does not become law.
  922         Section 20. (1) It is the intent of the Legislature that,
  923  if this act and CS for CS for Senate Bill 2108, as enacted
  924  during the 2009 Regular Session or an extension thereof, both
  925  become law, the Division of Statutory Revision shall read the
  926  acts together and, to the extent feasible, give full effect to
  927  the amendments made by this act to ss. 28.241(1)(a) and
  928  34.041(1)(b), Florida Statutes, and the amendments made to those
  929  paragraphs by CS for CS for Senate Bill 2108. However, it is
  930  further the intent of the Legislature that, if both acts become
  931  law, the amendments made by CS for CS for Senate Bill 2108 with
  932  respect to the distribution of filing fees to the Clerks of the
  933  Court Trust Fund, rather than the Department of Financial
  934  Services’ Administrative Trust Fund, and the use of those funds
  935  to fund the Florida Clerks of Court Operations Corporation,
  936  shall prevail. To that end, where this act refers in its
  937  amendments to ss. 28.241(1)(a) and 34.041(1)(b), Florida
  938  Statutes, to the distribution of filing fees to the Department
  939  of Financial Services’ Administrative Trust Fund, it is the
  940  intent of the Legislature that the Division of Statutory
  941  Revision change those references to the Clerks of the Court
  942  Trust Fund and conform the use of those funds, including within
  943  both the existing and new language of those paragraphs contained
  944  in this act, consistent with CS for CS for Senate Bill 2108. It
  945  is further the intent of the Legislature that, if both acts
  946  become law, the division change references to the distribution
  947  of $5 of filing fees under s. 28.241(1)(a), Florida Statutes,
  948  including within both the existing and new language of that
  949  paragraph contained in this act, to reflect the distribution
  950  instead of $3.50 and $1.50, respectively, to the Clerks of Court
  951  Trust Fund and the Administrative Trust Fund within the
  952  Department of Financial Services, consistent with CS for CS for
  953  Senate Bill 2108.
  954         (2) This section shall take effect June 1, 2009.
  955         Section 21. (1) CS for CS for Senate Bill 2108, as enacted
  956  during the 2009 Regular Session, shall not take effect upon
  957  becoming a law as specified in section 22 of that act, but shall
  958  take effect July 1, 2009.
  959         (2) This section shall take effect June 1, 2009.
  960         Section 22. Except as otherwise expressly provided in this
  961  act and except for this section, which shall take effect June 1,
  962  2009, this act shall take effect July 1, 2009.