Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. CS for SB 2108
       
       
       
       
       
       
                                Barcode 786762                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/07/2009           .                                
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       The Policy and Steering Committee on Ways and Means (Pruitt)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (1) of section 28.241, Florida
    6  Statutes, is amended to read
    7         28.241 Filing fees for trial and appellate proceedings.—
    8         (1)(a) The party instituting any civil action, suit, or
    9  proceeding in the circuit court shall pay to the clerk of that
   10  court a filing fee of up to $295 in all cases in which there are
   11  not more than five defendants and an additional filing fee of up
   12  to $2.50 for each defendant in excess of five. Of the first $85
   13  in filing fees, $80 must be remitted by the clerk to the
   14  Department of Revenue for deposit into the General Revenue Fund,
   15  and $5 must be remitted to the Department of Revenue for deposit
   16  into the Clerks of the Court Trust Fund within the Justice
   17  Administrative Commission and used Department of Financial
   18  Services’ Administrative Trust Fund to fund the contract with
   19  the Florida Clerks of Court Operations Corporation created in s.
   20  28.35. The next $15 of the filing fee collected shall be
   21  deposited in the state courts’ Mediation and Arbitration Trust
   22  Fund. One-third of any filing fees collected by the clerk of the
   23  circuit court in excess of $100 shall be remitted to the
   24  Department of Revenue for deposit into the Department of Revenue
   25  Clerks of the Court Trust Fund. An additional filing fee of $4
   26  shall be paid to the clerk. The clerk shall remit $3.50 to the
   27  Department of Revenue for deposit into the Court Education Trust
   28  Fund and shall remit 50 cents to the Department of Revenue for
   29  deposit into the Clerks of the Court Department of Financial
   30  Services Administrative Trust Fund to fund clerk education. An
   31  additional filing fee of up to $18 shall be paid by the party
   32  seeking each severance that is granted. The clerk may impose an
   33  additional filing fee of up to $85 for all proceedings of
   34  garnishment, attachment, replevin, and distress. Postal charges
   35  incurred by the clerk of the circuit court in making service by
   36  certified or registered mail on defendants or other parties
   37  shall be paid by the party at whose instance service is made. No
   38  additional fees, charges, or costs shall be added to the filing
   39  fees imposed under this section, except as authorized herein or
   40  by general law.
   41         (b) A party reopening any civil action, suit, or proceeding
   42  in the circuit court shall pay to the clerk of court a filing
   43  fee set by the clerk in an amount not to exceed $50. For
   44  purposes of this section, a case is reopened when a case
   45  previously reported as disposed of is resubmitted to a court and
   46  includes petitions for modification of a final judgment of
   47  dissolution. A party is exempt from paying the fee for any of
   48  the following:
   49         1. A writ of garnishment;
   50         2. A writ of replevin;
   51         3. A distress writ;
   52         4. A writ of attachment;
   53         5. A motion for rehearing filed within 10 days;
   54         6. A motion for attorney’s fees filed within 30 days after
   55  entry of a judgment or final order;
   56         7. A motion for dismissal filed after a mediation agreement
   57  has been filed;
   58         8. A disposition of personal property without
   59  administration;
   60         9. Any probate case prior to the discharge of a personal
   61  representative;
   62         10. Any guardianship pleading prior to discharge;
   63         11. Any mental health pleading;
   64         12. Motions to withdraw by attorneys;
   65         13. Motions exclusively for the enforcement of child
   66  support orders;
   67         14. A petition for credit of child support;
   68         15. A Notice of Intent to Relocate and any order issuing as
   69  a result of an uncontested relocation;
   70         16. Stipulations;
   71         17. Responsive pleadings; or
   72         18. Cases in which there is no initial filing fee.
   73         (c) Any party other than a party described in paragraph (a)
   74  who files a pleading in an original civil action in circuit
   75  court for affirmative relief by cross-claim, counterclaim, or
   76  third-party complaint shall pay the clerk of court a fee of
   77  $295. The clerk shall remit the fee to the Department of Revenue
   78  for deposit into the General Revenue Fund.
   79         (d) The clerk of court shall collect a service charge of
   80  $10 for issuing a summons. The clerk shall assess the fee
   81  against the party seeking to have the summons issued.
   82         Section 2. Section 28.35, Florida Statutes, is amended to
   83  read:
   84         28.35 Florida Clerks of Court Operations Corporation.—
   85         (1)(a) The Florida Clerks of Court Operations Corporation
   86  is hereby created as a public corporation organized to perform
   87  the functions specified in this section and s. 28.36, and shall
   88  be administratively housed within the Justice Administrative
   89  Commission. The corporation shall be a budget entity within the
   90  Justice Administrative Commission and its employees shall be
   91  considered state employees. All clerks of the circuit court
   92  shall be members of the corporation and hold their position and
   93  authority in an ex officio capacity. The functions assigned to
   94  the corporation shall be performed by an executive council
   95  pursuant to the plan of operation approved by the members.
   96         (b) The executive council shall be composed of eight clerks
   97  of the court elected by the clerks of the courts for a term of 2
   98  years, with two clerks from counties with a population of fewer
   99  than 100,000, two clerks from counties with a population of at
  100  least 100,000 but fewer than 500,000, two clerks from counties
  101  with a population of at least 500,000 but fewer than 1 million,
  102  and two clerks from counties with a population of more than 1
  103  million. In addition to the eight clerks of court serving on the
  104  executive council, the Chief Justice of the Supreme Court shall
  105  designate one additional member to represent the state courts
  106  system.
  107         (c) The corporation shall be considered a political
  108  subdivision of the state and shall be exempt from the corporate
  109  income tax. The corporation is not subject to the procurement
  110  provisions of chapter 287 and policies and decisions of the
  111  corporation relating to incurring debt, levying assessments, and
  112  the sale, issuance, continuation, terms, and claims under
  113  corporation policies, and all services relating thereto, are not
  114  subject to the provisions of chapter 120.
  115         (d) The functions assigned to the corporation under this
  116  section and ss. 28.36 and 28.37 are considered to be for a valid
  117  public purpose.
  118         (2) The duties of the corporation shall include the
  119  following:
  120         (a) Adopting a plan of operation.
  121         (b) Conducting the election of directors as required in
  122  paragraph (1)(a).
  123         (c) Recommending to the Legislature changes in the various
  124  court-related fines, fees, service charges, and court costs
  125  established by law to ensure reasonable and adequate funding of
  126  the clerks of the court in the performance of their court
  127  related functions.
  128         (d)Pursuant to contract with the Chief Financial Officer,
  129  establishing a process for the review and certification of
  130  proposed court-related budgets submitted by clerks of the court
  131  for completeness and compliance with this section and ss. 28.36
  132  and 28.37. This process shall be designed and be of sufficient
  133  detail to permit independent verification and validation of the
  134  budget certification. The contract shall specify the process to
  135  be used in determining compliance by the corporation with this
  136  section and ss. 28.36 and 28.37.
  137         (d)(e) Developing and certifying a uniform system of
  138  performance measures and applicable performance standards for
  139  the functions specified in paragraph (3)(a) and the service unit
  140  costs required in s. 28.36 paragraph (4)(a) and measures for
  141  clerk performance in meeting the performance standards. These
  142  measures and standards shall be designed to facilitate an
  143  objective determination of the performance of each clerk in
  144  accordance with minimum standards for fiscal management,
  145  operational efficiency, and effective collection of fines, fees,
  146  service charges, and court costs. The corporation shall develop
  147  the performance measures and performance standards in
  148  consultation with the Legislature and the Supreme Court. The
  149  Legislature may modify the clerk performance measures and
  150  performance standards in legislation implementing the General
  151  Appropriations Act or other law. When the corporation finds a
  152  clerk has not met the performance standards, the corporation
  153  shall identify the nature of each deficiency and any corrective
  154  action recommended and taken by the affected clerk of the court.
  155  The corporation shall notify the Legislature and the Supreme
  156  Court of any clerk not meeting performance standards and provide
  157  a copy of any corrective action plans.
  158         (e)(f) Reviewing and certifying proposed budgets submitted
  159  by clerks of the court pursuant to s. 28.36 utilizing the
  160  process approved by the Chief Financial Officer pursuant to
  161  paragraph (d) for the purpose of making the certification in
  162  paragraph (3)(a). As part of this process, the corporation
  163  shall:
  164         1.Calculate the maximum authorized annual budget pursuant
  165  to the requirements of s. 28.36.
  166         2.Identify those proposed budgets exceeding the maximum
  167  annual budget pursuant to s. 28.36(5) for the standard list of
  168  court-related functions specified in paragraph (4)(a).
  169         3.Identify those proposed budgets containing funding for
  170  items not included on the standard list of court-related
  171  functions specified in paragraph (4)(a).
  172         4.Identify those clerks projected to have court-related
  173  revenues insufficient to fund their anticipated court-related
  174  expenditures.
  175         (f)(g) Developing and conducting clerk education programs.
  176         (g)(h) Publishing a uniform schedule of actual fees,
  177  service charges, and costs charged by a clerk of the court for
  178  court-related functions pursuant to general law.
  179         (3)(a)The Clerks of Court Operations Corporation shall
  180  certify to the President of the Senate, the Speaker of the House
  181  of Representatives, the Chief Financial Officer, and the
  182  Department of Revenue by October 15 of each year, the amount of
  183  the proposed budget certified for each clerk; the revenue
  184  projection supporting each clerk’s budget; each clerk eligible
  185  to retain some or all of the state’s share of fines, fees,
  186  service charges, and costs; the amount to be paid to each clerk
  187  from the Clerks of the Court Trust Fund within the Department of
  188  Revenue; the performance measures and standards approved by the
  189  corporation for each clerk; and the performance of each clerk in
  190  meeting the performance standards.
  191         (b)Prior to December 1 of each year, the Chief Financial
  192  Officer shall review the certifications made by the corporation
  193  for the purpose of determining compliance with the approved
  194  process and report its findings to the President of the Senate,
  195  the Speaker of the House of Representatives and to the
  196  Department of Revenue. To determine compliance with this
  197  process, the Chief Financial Officer may examine the budgets
  198  submitted to the corporation by the clerks.
  199         (3)(4)(a) The list of court-related functions that clerks
  200  may perform are fund from filing fees, service charges, court
  201  costs, and fines shall be limited to those functions expressly
  202  authorized by law or court rule. Those functions must include
  203  the following: case maintenance; records management; court
  204  preparation and attendance; processing the assignment,
  205  reopening, and reassignment of cases; processing of appeals;
  206  collection and distribution of fines, fees, service charges, and
  207  court costs; processing of bond forfeiture payments; payment of
  208  jurors and witnesses; payment of expenses for meals or lodging
  209  provided to jurors; data collection and reporting; processing of
  210  jurors; determinations of indigent status; and reasonable
  211  administrative support costs to enable the clerk of the court to
  212  carry out these court-related functions.
  213         (b) The list of functions that clerks may not fund from
  214  state appropriations filing fees, service charges, court costs,
  215  and fines shall include:
  216         1. Those functions not specified within paragraph (a).
  217         2. Functions assigned by administrative orders which are
  218  not required for the clerk to perform the functions in paragraph
  219  (a).
  220         3. Enhanced levels of service which are not required for
  221  the clerk to perform the functions in paragraph (a).
  222         4. Functions identified as local requirements in law or
  223  local optional programs.
  224         (4)(5) The corporation shall be funded pursuant to the
  225  General Appropriations Act contract with the Chief Financial
  226  Officer. Funds shall be provided to the Chief Financial Officer
  227  for this purpose as appropriated by general law. These funds
  228  shall be available to the corporation for the performance of the
  229  duties and responsibilities as set forth in this section. The
  230  corporation may hire staff and pay other expenses from state
  231  appropriations these funds as necessary to perform the official
  232  duties and responsibilities of the corporation as described by
  233  law in this section.
  234         (5)(6)(a) The corporation shall submit an annual audited
  235  financial statement to the Auditor General in a form and manner
  236  prescribed by the Auditor General. The Auditor General shall
  237  conduct an annual audit of the operations of the corporation,
  238  including the use of funds and compliance with the provisions of
  239  this section and ss. 28.36 and 28.37.
  240         (b) Certified public accountants conducting audits of
  241  counties pursuant to s. 218.39 shall report, as part of the
  242  audit, whether or not the clerks of the courts have complied
  243  with the requirements of this section and s. 28.36. In addition,
  244  each clerk of court shall forward a copy of the portion of the
  245  financial audit relating to the court-related duties of the
  246  clerk of court to the Supreme Court. budgets certified by the
  247  Florida Clerk of Courts Operations Corporation pursuant to the
  248  budget review process pursuant to contract with the Chief
  249  Financial Officer and with the performance standards developed
  250  and certified pursuant to this section. The Auditor General
  251  shall develop a compliance supplement for the audit of
  252  compliance with the budgets and applicable performance standards
  253  certified by the corporation.
  254         Section 3. Section 28.36, Florida Statutes, is amended to
  255  read:
  256         28.36 Budget procedure.—There is hereby established a
  257  budget procedure for the preparing budget requests for funding
  258  for the court-related functions of the clerks of the court.
  259         (1)Each clerk of court shall prepare a budget request for
  260  the last quarter of the county fiscal year and the first three
  261  quarters of the next county fiscal year. The proposed budget
  262  shall be prepared, summarized, and submitted by the clerk in
  263  each county to the Clerks of Court Operations Corporation in the
  264  manner and form prescribed by the corporation to meet the
  265  requirements of law. Each clerk shall forward a copy of his or
  266  her budget request to the Supreme Court. The budget requests
  267  must be provided to the corporation by October 1 of each year.
  268         (1)Only those functions on the standard list developed
  269  pursuant to s. 28.35(4)(a) may be funded from fees, service
  270  charges, court costs, and fines retained by the clerks of the
  271  court. No clerk may use fees, service charges, court costs, and
  272  fines in excess of the maximum budget amounts as established in
  273  subsection (5).
  274         (2)For the period July 1, 2004, through September 30,
  275  2004, and for each county fiscal year ending September 30
  276  thereafter, each clerk of the court shall prepare a budget
  277  relating solely to the performance of the standard list of
  278  court-related functions pursuant to s. 28.35(4)(a).
  279         (3)Each proposed budget shall further conform to the
  280  following requirements:
  281         (a)On or before August 15 for each fiscal year thereafter,
  282  the proposed budget shall be prepared, summarized, and submitted
  283  by the clerk in each county to the Clerks of Court Operations
  284  Corporation in the manner and form prescribed by the
  285  corporation. The proposed budget must provide detailed
  286  information on the anticipated revenues available and
  287  expenditures necessary for the performance of the standard list
  288  of court-related functions of the clerk’s office developed
  289  pursuant to s. 28.35(4)(a) for the county fiscal year beginning
  290  the following October 1.
  291         (b)The proposed budget must be balanced, such that the
  292  total of the estimated revenues available must equal or exceed
  293  the total of the anticipated expenditures. These revenues
  294  include the following: cash balances brought forward from the
  295  prior fiscal period; revenue projected to be received from fees,
  296  service charges, court costs, and fines for court-related
  297  functions during the fiscal period covered by the budget; and
  298  supplemental revenue that may be requested pursuant to
  299  subsection (4). The anticipated expenditures must be itemized as
  300  required by the corporation, pursuant to contract with the Chief
  301  Financial Officer.
  302         (c)The proposed budget may include a contingency reserve
  303  not to exceed 10 percent of the total budget, provided that,
  304  overall, the proposed budget does not exceed the limits
  305  prescribed in subsection (5).
  306         (4)If a clerk of the court estimates that available funds
  307  plus projected revenues from fines, fees, service charges, and
  308  costs for court-related services are insufficient to meet the
  309  anticipated expenditures for the standard list of court-related
  310  functions in s. 28.35(4)(a) performed by his or her office, the
  311  clerk must report the revenue deficit to the Clerks of Court
  312  Operations Corporation in the manner and form prescribed by the
  313  corporation pursuant to contract with the Chief Financial
  314  Officer. The corporation shall verify that the proposed budget
  315  is limited to the standard list of court-related functions in s.
  316  28.35(4)(a).
  317         (2)(a)Each clerk shall include in his or her budget
  318  request a projection of the amount of court-related fees,
  319  service charges, and any other court-related clerk fees which
  320  will be collected during the proposed budget period. If the
  321  corporation determines verifies that the proposed budget is
  322  limited to the standard list of court-related functions in s.
  323  28.35(3)(a) s. 28.35(4)(a) and the projected court-related
  324  revenues are less than the proposed budget, the a revenue
  325  deficit is projected, a clerk seeking to retain revenues
  326  pursuant to this subsection shall increase all fees, service
  327  charges, and any other court-related clerk fees and charges to
  328  the maximum amounts specified by law or the amount necessary to
  329  resolve the deficit, whichever is less.
  330         (3)Each clerk shall include in his or her budget request
  331  the number of personnel and the proposed budget for each of the
  332  following core services:
  333         (a)Case processing;
  334         (b)Financial processing;
  335         (c)Jury management; and
  336         (d)Information and reporting.
  337  
  338  Central administrative costs shall be allocated among the core
  339  services categories.
  340         (4)The budget request must identify the service units to
  341  be provided within each core service. The service units shall be
  342  developed by the corporation, in consultation with the Supreme
  343  Court, the Chief Financial Officer, and the appropriation
  344  committees of the Senate and the House of Representatives.
  345         (5)The budget request must propose a unit cost for each
  346  service unit. The corporation shall provide a copy of each
  347  clerk’s budget request to the Supreme Court.
  348         (6)The corporation shall review each individual clerk’s
  349  prior-year expenditures, projected revenue, proposed unit costs,
  350  and the proposed budget for each of the core-services
  351  categories. The corporation shall compare each clerk’s prior
  352  year expenditures and unit costs for core services with a peer
  353  group of clerks’ offices having a population of a similar size
  354  and a similar number of case filings. If the corporation finds
  355  that the expenditures, unit costs, or proposed budget of a clerk
  356  are significantly higher than those of clerks in that clerk’s
  357  peer group, the corporation shall require the clerk to submit
  358  documentation justifying the difference in each core-services
  359  category. Justification for higher expenditures may include, but
  360  need not be limited to, collective bargaining agreements, county
  361  civil service agreements, and the number and distribution of
  362  court houses served by the clerk. If the expenditures and unit
  363  costs are not justified, the corporation shall recommend a
  364  reduction in the funding for that core-services category in the
  365  budget request to an amount similar to the peer group of clerks
  366  or to an amount that the corporation determines is justified.
  367         (7)The corporation shall complete its review and
  368  adjustments to the clerks’ budget requests and make its
  369  recommendations to the Legislature and the Supreme Court by
  370  December 1 each year.
  371         (8)The Chief Financial Officer shall review the proposed
  372  unit costs associated with each clerk of court’s budget request
  373  and make recommendations to the Legislature. The Chief Financial
  374  Officer may conduct any audit of the corporation or a clerk of
  375  court as authorized by law. The Chief Justice of the Supreme
  376  Court may request an audit of the corporation or any clerk of
  377  court by the Chief Financial Officer.
  378         (9)The Legislature shall appropriate the total amount for
  379  the budgets of the clerks in the General Appropriations Act. The
  380  Legislature may reject or modify any or all of the unit costs
  381  recommended by the corporation. If the Legislature does not
  382  specify the unit costs in the General Appropriations Act or
  383  other law, the unit costs recommended by the corporation will be
  384  the official unit costs for that budget period.
  385         (10)The corporation shall release appropriations to each
  386  clerk quarterly. The amount of the release shall be based on the
  387  prior quarter’s performance of service units identified in the
  388  four core services and the established unit costs for each
  389  clerk. If, after increasing fees, service charges, and any other
  390  court-related clerk fees and charges to the maximum amounts
  391  specified by law, a revenue deficit is still projected, the
  392  corporation shall, pursuant to the terms of the contract with
  393  the Chief Financial Officer, certify a revenue deficit and
  394  notify the Department of Revenue that the clerk is authorized to
  395  retain revenues, in an amount necessary to fully fund the
  396  projected revenue deficit, which he or she would otherwise be
  397  required to remit to the Department of Revenue for deposit into
  398  the Department of Revenue Clerks of the Court Trust Fund
  399  pursuant to s. 28.37. If a revenue deficit is projected for that
  400  clerk after retaining all of the projected collections from the
  401  court-related fines, fees, service charges, and costs, the
  402  Department of Revenue shall certify the amount of the revenue
  403  deficit amount to the Executive Office of the Governor and
  404  request release authority for funds appropriated for this
  405  purpose from the Department of Revenue Clerks of the Court Trust
  406  Fund. Notwithstanding provisions of s. 216.192 related to the
  407  release of funds, the Executive Office of the Governor may
  408  approve the release of funds appropriated to resolve projected
  409  revenue deficits in accordance with the notice, review, and
  410  objection procedures set forth in s. 216.177 and shall provide
  411  notice to the Chief Financial Officer. The Department of Revenue
  412  is directed to request monthly distributions from the Chief
  413  Financial Officer in equal amounts to each clerk certified to
  414  have a revenue deficit, in accordance with the releases approved
  415  by the Governor.
  416         (b)If the Chief Financial Officer finds the court-related
  417  budget proposed by a clerk includes functions not included in
  418  the standard list of court-related functions in s. 28.35(4)(a),
  419  the Chief Financial Officer shall notify the clerk of the amount
  420  of the proposed budget not eligible to be funded from fees,
  421  service charges, costs, and fines for court-related functions
  422  and shall identify appropriate corrective measures to ensure
  423  budget integrity. The clerk shall then immediately discontinue
  424  all ineligible expenditures of court-related funds for this
  425  purpose and reimburse the Clerks of the Court Trust Fund for any
  426  previously ineligible expenditures made for non-court-related
  427  functions, and shall implement any corrective actions identified
  428  by the Chief Financial Officer.
  429         (5)(a)For the county fiscal year October 1, 2004, through
  430  September 30, 2005, the maximum annual budget amount for the
  431  standard list of court-related functions of the clerks of court
  432  in s. 28.35(4)(a) that may be funded from fees, service charges,
  433  court costs, and fines retained by the clerks of the court shall
  434  not exceed:
  435         1.One hundred and three percent of the clerk’s estimated
  436  expenditures for the prior county fiscal year; or
  437         2.One hundred and five percent of the clerk’s estimated
  438  expenditures for the prior county fiscal year for those clerks
  439  in counties that for calendar years 1998-2002 experienced an
  440  average annual increase of at least 5 percent in both population
  441  and case filings for all case types as reported through the
  442  Summary Reporting System used by the state courts system.
  443         (b)For the county fiscal year 2005-2006, the maximum
  444  budget amount for the standard list of court-related functions
  445  of the clerks of court in s. 28.35(4)(a) that may be funded from
  446  fees, service charges, court costs, and fines retained by the
  447  clerks of the court shall be the approved budget for county
  448  fiscal year 2004-2005 adjusted by the projected percentage
  449  change in revenue between the county fiscal years 2004-2005 and
  450  2005-2006.
  451         (c)For the county fiscal years 2006-2007 and thereafter,
  452  the maximum budget amount for the standard list of court-related
  453  functions of the clerks of court in s. 28.35(4)(a) that may be
  454  funded from fees, service charges, court costs, and fines
  455  retained by the clerks of the court shall be established by
  456  first rebasing the prior fiscal year budget to reflect the
  457  actual percentage change in the prior fiscal year revenue and
  458  then adjusting the rebased prior fiscal year budget by the
  459  projected percentage change in revenue for the proposed budget
  460  year. The rebasing calculations and maximum annual budget
  461  calculations shall be as follows:
  462         1.For county fiscal year 2006-2007, the approved budget
  463  for county fiscal year 2004-2005 shall be adjusted for the
  464  actual percentage change in revenue between the two 12-month
  465  periods ending June 30, 2005, and June 30, 2006. This result is
  466  the rebased budget for the county fiscal year 2005-2006. Then
  467  the rebased budget for the county fiscal year 2005-2006 shall be
  468  adjusted by the projected percentage change in revenue between
  469  the county fiscal years 2005-2006 and 2006-2007. This result
  470  shall be the maximum annual budget amount for the standard list
  471  of court-related functions of the clerks of court in s.
  472  28.35(4)(a) that may be funded from fees, service charges, court
  473  costs, and fines retained by the clerks of the court for each
  474  clerk for the county fiscal year 2006-2007.
  475         2.For county fiscal year 2007-2008, the rebased budget for
  476  county fiscal year 2005-2006 shall be adjusted for the actual
  477  percentage change in revenue between the two 12-month periods
  478  ending June 30, 2006, and June 30, 2007. This result is the
  479  rebased budget for the county fiscal year 2006-2007. The rebased
  480  budget for county fiscal year 2006-2007 shall be adjusted by the
  481  projected percentage change in revenue between the county fiscal
  482  years 2006-2007 and 2007-2008. This result shall be the maximum
  483  annual budget amount for the standard list of court-related
  484  functions of the clerks of court in s. 28.35(4)(a) that may be
  485  funded from fees, service charges, court costs, and fines
  486  retained by the clerks of the court for county fiscal year 2007
  487  2008.
  488         3.For county fiscal years 2008-2009 and thereafter, the
  489  maximum budget amount for the standard list of court-related
  490  functions of the clerks of court in s. 28.35(4)(a) that may be
  491  funded from fees, service charges, court costs, and fines
  492  retained by the clerks of the court shall be calculated as the
  493  rebased budget for the prior county fiscal year adjusted by the
  494  projected percentage change in revenues between the prior county
  495  fiscal year and the county fiscal year for which the maximum
  496  budget amount is being authorized. The rebased budget for the
  497  prior county fiscal year shall always be calculated by adjusting
  498  the rebased budget for the year preceding the prior county
  499  fiscal year by the actual percentage change in revenues between
  500  the 12-month period ending June 30 of the year preceding the
  501  prior county fiscal year and the 12-month period ending June 30
  502  of the prior county fiscal year.
  503         (6)The Legislative Budget Commission may approve increases
  504  to the maximum annual budgets approved for individual clerks of
  505  the court pursuant to this section for court-related duties, if
  506  either of the following conditions exist:
  507         (a)The additional funding is necessary to pay the cost of
  508  performing new or additional functions required by changes in
  509  law or court rule. Before the Legislative Budget Commission may
  510  approve an increase in the maximum annual budget of any clerk
  511  under this paragraph, the Clerk of the Court Operations
  512  Corporation must provide the Legislative Budget Commission with
  513  a statement of the impact of the proposed budget changes on
  514  state revenues, and evidence that the respective clerk of the
  515  court is meeting or exceeding the established performance
  516  standards for measures on the fiscal management, operational
  517  efficiency, and effective collection of fines, fees, service
  518  charges, and court costs.
  519         (b)The additional funding is necessary to pay the cost of
  520  supporting increases in the number of judges or magistrates
  521  authorized by the Legislature. Before the Legislative Budget
  522  Commission may approve an increase in the maximum annual budget
  523  of any clerk under this paragraph, the Clerk of the Court
  524  Operations Corporation must provide the Legislative Budget
  525  Commission with a statement of the impact of the proposed budget
  526  changes on state revenues; evidence that the respective clerk of
  527  the court is meeting or exceeding the established performance
  528  standards for measures on the fiscal management, operational
  529  efficiency, and effective collection of fines, fees, service
  530  charges, and court costs; and a proposed staffing model,
  531  including the cost and number of staff necessary to support each
  532  new judge or magistrate.
  533  
  534  The total amount of increases approved by the Legislative Budget
  535  Commission for each county fiscal year shall not exceed an
  536  amount equal to 2 percent of the maximum annual budgets approved
  537  pursuant to this section for all clerks, in the aggregate, for
  538  that same county fiscal year.
  539         (11)(7) The corporation may submit proposed legislation to
  540  the Governor, the President of the Senate, and the Speaker of
  541  the House of Representatives relating to the preparation of
  542  budget requests of the clerks of court no later than November 1
  543  in any year for approval of clerk budget request amounts
  544  exceeding the restrictions in this section for the following
  545  October 1. If proposed legislation is recommended, the
  546  corporation shall also submit supporting justification with
  547  sufficient detail to identify the specific proposed expenditures
  548  that would cause the limitations to be exceeded for each
  549  affected clerk and the estimated fiscal impact on state
  550  revenues.
  551         Section 4. Section 28.37, Florida Statutes, is amended to
  552  read:
  553         28.37 Fines, fees, service charges, and costs remitted to
  554  the state.—
  555         (1) Pursuant to s. 14(b), Art. V of the State Constitution,
  556  selected salaries, costs, and expenses of the state courts
  557  system and court-related functions shall be funded from a
  558  portion of the revenues derived from statutory fines, fees,
  559  service charges, and costs collected by the clerks of the court.
  560         (2)Except as otherwise provided in ss. 28.241 and 34.041,
  561  all court-related fines, fees, service charges, and costs are
  562  considered state funds and shall be remitted by the clerk to the
  563  Department of Revenue for deposit into the Clerks of the Court
  564  Trust Fund.
  565         (2)Beginning August 1, 2004, except as otherwise provided
  566  in ss. 28.241 and 34.041, one-third of all fines, fees, service
  567  charges, and costs collected by the clerks of the court during
  568  the prior month for the performance of court-related functions
  569  shall be remitted to the Department of Revenue for deposit in
  570  the Department of Revenue Clerks of the Court Trust Fund. These
  571  collections do not include funding received for the operation of
  572  the Title IV-D child support collections and disbursement
  573  program. The clerk of the court shall remit the revenues
  574  collected during the prior month due to the state on or before
  575  the 20th day of each month. The Department of Revenue shall make
  576  a monthly transfer of the funds in the Department of Revenue
  577  Clerks of the Court Trust Fund that are not needed to resolve
  578  clerk of the court revenue deficits, as specified in s. 28.36,
  579  to the General Revenue Fund.
  580         (3)For the period of October 1, 2003, to June 30, 2004,
  581  those clerks operating as fee officers for court-related
  582  services shall determine the amount of fees collected and
  583  expenses generated for court-related services. Any excess fees
  584  generated during this period shall be remitted to the county on
  585  December 31, 2004. However, any billings for payment of due
  586  process services rendered before July 1, 2004, may be paid by
  587  the clerk from these funds. Due process services shall include,
  588  but not be limited to, court reporter services, court
  589  interpreter services, expert witness services, mental health
  590  evaluations, and court-appointed counsel services. In addition,
  591  any deficit experienced by the clerk for court-related services
  592  during the period from October 1, 2003, to June 30, 2004, shall
  593  be funded by the county.
  594         (4)Beginning January 1, 2005, for the period July 1, 2004,
  595  through September 30, 2004, and each January 1 thereafter for
  596  the preceding county fiscal year of October 1 through September
  597  30, the clerk of the court must remit to the Department of
  598  Revenue for deposit in the General Revenue Fund the cumulative
  599  excess of all fees, service charges, court costs, and fines
  600  retained by the clerks of the court, plus any funds received by
  601  the clerks of the court from the Department of Revenue Clerk of
  602  the Court Trust Fund under s. 28.36(4)(a), over the amount
  603  needed to meet the approved budget amounts established under s.
  604  28.36.
  605         (3)(5) The Department of Revenue shall collect any funds
  606  that the corporation determines upon investigation were due on
  607  January 1 but not remitted to the department.
  608         Section 5. Paragraph (b) of subsection (1) of section
  609  34.041, Florida Statutes, is amended to read:
  610         34.041 Filing fees.—
  611         (1)
  612         (b) The first $80 of the filing fee collected under
  613  subparagraph (a)4. shall be remitted to the Department of
  614  Revenue for deposit into the General Revenue Fund. The next $15
  615  of the filing fee collected under subparagraph (a)4., and the
  616  first $15 of each filing fee collected under subparagraph (a)6.,
  617  shall be deposited in the state courts’ Mediation and
  618  Arbitration Trust Fund. One-third of any filing fees collected
  619  by the clerk under this section in excess of the first $95
  620  collected under subparagraph (a)4. shall be remitted to the
  621  Department of Revenue for deposit into the Department of Revenue
  622  Clerks of the Court Trust Fund. An additional filing fee of $4
  623  shall be paid to the clerk. The clerk shall transfer $3.50 to
  624  the Department of Revenue for deposit into the Court Education
  625  Trust Fund and shall transfer 50 cents to the Department of
  626  Revenue for deposit into the Clerks of the Court Department of
  627  Financial Services’ Administrative Trust Fund to fund clerk
  628  education. Postal charges incurred by the clerk of the county
  629  court in making service by mail on defendants or other parties
  630  shall be paid by the party at whose instance service is made.
  631  Except as provided herein, filing fees and service charges for
  632  performing duties of the clerk relating to the county court
  633  shall be as provided in ss. 28.24 and 28.241. Except as
  634  otherwise provided herein, all filing fees shall be remitted to
  635  the Department of Revenue for deposit into the Clerks of the
  636  Court Trust Fund retained as fee income of the office of the
  637  clerk of circuit court. Filing fees imposed by this section may
  638  not be added to any penalty imposed by chapter 316 or chapter
  639  318.
  640         Section 6. Subsection (5) of section 43.16, Florida
  641  Statutes, is amended to read
  642         43.16 Justice Administrative Commission; membership, powers
  643  and duties.—
  644         (5) The duties of the commission shall include, but not be
  645  limited to, the following:
  646         (a) The maintenance of a central state office for
  647  administrative services and assistance when possible to and on
  648  behalf of the state attorneys and public defenders of Florida,
  649  the capital collateral regional counsel of Florida, the criminal
  650  conflict and civil regional counsel, and the Guardian Ad Litem
  651  Program, and the Florida Clerks of Court Operations Corporation.
  652         (b) Each state attorney, public defender, and criminal
  653  conflict and civil regional counsel, and the Guardian Ad Litem
  654  Program, and the Florida Clerks of Court Operations Corporation
  655  shall continue to prepare necessary budgets, vouchers that
  656  represent valid claims for reimbursement by the state for
  657  authorized expenses, and other things incidental to the proper
  658  administrative operation of the office, such as revenue
  659  transmittals to the Chief Financial Officer and automated
  660  systems plans, but will forward same to the commission for
  661  recording and submission to the proper state officer. However,
  662  when requested by a state attorney, a public defender, a
  663  criminal conflict and civil regional counsel, or the Guardian Ad
  664  Litem Program, the commission will either assist in the
  665  preparation of budget requests, voucher schedules, and other
  666  forms and reports or accomplish the entire project involved.
  667         Section 7. Section 43.27, Florida Statutes, is amended to
  668  read
  669         43.27 Office hours of clerks of court.—With the advice and
  670  consent of the chief judge of the circuit, the clerks of the
  671  courts of the several counties may establish the hours during
  672  which the office of clerk may be open to the public. The hours
  673  should conform as nearly as possible to the customary weekday
  674  hours of business prevailing in the county. The clerk may
  675  prescribe that the office be open such additional hours as
  676  public needs require. The clerk of court may not close any
  677  office of the clerk of court during customary weekday hours
  678  without the consent of the chief judge of the circuit.
  679         Section 8. Section 142.01, Florida Statutes, is amended to
  680  read:
  681         142.01 Fine and forfeiture fund; disposition of revenue;
  682  clerk of the circuit court.—
  683         (1) There shall be established by the clerk of the circuit
  684  court in each county of this state a separate fund to be known
  685  as the fine and forfeiture fund for use by the clerk of the
  686  circuit court in performing court-related functions. The fund
  687  shall consist of the following:
  688         (a)(1) Fines and penalties pursuant to ss. 28.2402(2),
  689  34.045(2), 316.193, 327.35, 327.72, 379.2203(1), and 775.083(1).
  690         (b)(2) That portion of civil penalties directed to this
  691  fund pursuant to s. 318.21.
  692         (c)(3) Court costs pursuant to ss. 28.2402(1)(b),
  693  34.045(1)(b), 318.14(10)(b), 318.18(11)(a), 327.73(9)(a) and
  694  (11)(a), and 938.05(3).
  695         (d)(4) Proceeds from forfeited bail bonds, unclaimed bonds,
  696  unclaimed moneys, or recognizances pursuant to ss. 321.05(4)(a),
  697  379.2203(1), and 903.26(3)(a).
  698         (e)(5) Fines and forfeitures pursuant to s. 34.191.
  699         (f)(6) All other revenues received by the clerk as revenue
  700  authorized by law to be retained by the clerk.
  701         (2)All revenues received by the clerk in the fine and
  702  forfeiture fund from court-related fees, fines, costs, and
  703  service charges are considered state funds and shall be remitted
  704  monthly to the Department of Revenue for deposit into the Clerks
  705  of the Court Trust Fund within the Justice Administrative
  706  Commission.
  707         (3) Notwithstanding the provisions of this section, all
  708  fines and forfeitures arising from operation of the provisions
  709  of s. 318.1215 shall be disbursed in accordance with that
  710  section.
  711         Section 9. Paragraph (qq) of subsection (1) of section
  712  216.011, Florida Statutes, is amended to read
  713         216.011 Definitions.—
  714         (1) For the purpose of fiscal affairs of the state,
  715  appropriations acts, legislative budgets, and approved budgets,
  716  each of the following terms has the meaning indicated:
  717         (qq) “State agency” or “agency” means any official,
  718  officer, commission, board, authority, council, committee, or
  719  department of the executive branch of state government. For
  720  purposes of this chapter and chapter 215, “state agency” or
  721  “agency” includes, but is not limited to, state attorneys,
  722  public defenders, criminal conflict and civil regional counsel,
  723  capital collateral regional counsel, the Florida Clerks of Court
  724  Operations Corporation, the Justice Administrative Commission,
  725  the Florida Housing Finance Corporation, and the Florida Public
  726  Service Commission. Solely for the purposes of implementing s.
  727  19(h), Art. III of the State Constitution, the terms “state
  728  agency” or “agency” include the judicial branch.
  729         Section 10. Each clerk of court shall provide financial
  730  data concerning his or her expenditures for court-related
  731  duties, including expenditures for court-related information
  732  technology, to the Executive Office of the Governor for the
  733  purposes contained in SB 1796 or similar legislation.
  734         Section 11. The Clerks of the Court Trust Fund within the
  735  Department of Revenue, FLAIR number 73-2-588, is transferred
  736  along with all balances and obligations to the Justice
  737  Administrative Commission.
  738         Section 12. The Legislature finds and declares that this
  739  act fulfills an important state interest.
  740         Section 13. This act shall take effect July 1, 2009.
  741  
  742  ================= T I T L E  A M E N D M E N T ================
  743         And the title is amended as follows:
  744         Delete everything before the enacting clause
  745  and insert:
  746                        A bill to be entitled                      
  747         An act relating to the clerks of court; amending s.
  748         28.241, F.S.; redirecting a portion of certain civil
  749         filing fees to the Clerks of the Court Trust Fund
  750         within the Justice Administrative Commission;
  751         eliminating a requirement that a portion of such fees
  752         be deposited into the Department of Financial
  753         Services’ Administrative Trust Fund; amending s.
  754         28.35, F.S.; providing for the Florida Clerks of Court
  755         Operations Corporation to be administratively housed
  756         within the Justice Administrative Commission;
  757         requiring the Chief Justice of the Supreme Court to
  758         designate a member of the corporation’s executive
  759         council to represent the state courts system; deleting
  760         provisions exempting the corporation from ch. 287,
  761         F.S., relating to procurement, and from ch. 120, F.S.,
  762         relating to administrative procedures; revising the
  763         duties of the corporation; requiring that the Florida
  764         Clerks of Court Operations Corporation develop
  765         measures and standards for reviewing the performance
  766         of clerks of court and notify the Legislature and the
  767         Supreme Court of any clerk not meeting the standards;
  768         conforming cross-references; deleting provisions
  769         relating to the certification of the amount of the
  770         proposed budget for each clerk; providing for the
  771         clerks of court to be funded pursuant to state
  772         appropriations rather than from filing fees, service
  773         charges, court costs, and fines; providing for the
  774         Florida Clerks of Court Operations Corporation to be
  775         funded pursuant to the General Appropriations Act
  776         rather than a contract with the Chief Financial
  777         Officer; revising requirements for the audits of
  778         clerks of court; amending s. 28.36, F.S.; providing a
  779         procedure for the clerks of court to prepare budget
  780         requests for submission to the Florida Clerks of Court
  781         Operations Corporation, with a copy to the Supreme
  782         Court; providing requirements for the budget requests;
  783         requiring the corporation to determine whether
  784         projected court-related revenues are less than the
  785         proposed budget for a clerk; requiring that a clerk
  786         increase fees and service charges to resolve a
  787         deficit; requiring the corporation to compare a
  788         clerk’s expenditures and costs with the clerk’s peer
  789         group and for the clerk to submit documentation
  790         justifying higher expenditures; requiring that the
  791         corporation and the Chief Financial Officer review the
  792         clerks’ budget requests and make recommendations to
  793         the Legislature; authorizing the Chief Financial
  794         Officer to conduct, and the Chief Justice of the
  795         Supreme Court to request, an audit of the corporation
  796         or a clerk of court; providing for the Legislature to
  797         make appropriations for the budgets of the clerks;
  798         requiring that the corporation release appropriations
  799         each quarter; deleting provisions authorizing the
  800         Legislative Budget Commission to approve budgets;
  801         amending s. 28.37, F.S.; clarifying the requirement
  802         for all court-related fines, fees, service charges,
  803         and costs to be deposited into the Clerks of the Court
  804         Trust Fund; deleting obsolete provisions relating to
  805         the funding of the clerks of court; amending s.
  806         34.041, F.S., relating to filing fees; conforming
  807         provisions to changes made by the act; amending s.
  808         43.16, F.S., relating to the duties of the Justice
  809         Administrative Commission; conforming provisions to
  810         the transfer of the Florida Clerks of Court Operations
  811         Corporation to the commission; amending s. 43.27,
  812         F.S.; requiring that the clerk of court obtain the
  813         consent of the chief judge of the circuit concerning
  814         the clerk’s office hours; amending s. 142.01, F.S.;
  815         requiring the deposit of revenues received in the fine
  816         and forfeiture funds of the clerks of court into the
  817         Clerks of the Court Trust Fund within the Justice
  818         Administrative Commission; amending s. 216.011, F.S.;
  819         redefining the term “state agency” for purposes of the
  820         fiscal affairs of the state to include the Florida
  821         Clerks of Court Operations Corporation; requiring that
  822         the clerks of court submit financial data to the
  823         Executive Office of the Governor; transferring the
  824         Clerks of the Court Trust Fund from the Department of
  825         Revenue to the Justice Administrative Commission;
  826         providing a finding that the act fulfills an important
  827         state interest; providing an effective date.