Florida Senate - 2009                      CS for CS for SB 2108
       
       
       
       By the Policy and Steering Committee on Ways and Means; the
       Committee on Judiciary; and Senator Pruitt
       
       
       
       576-04526-09                                          20092108c2
    1                        A bill to be entitled                      
    2         An act relating to the clerks of court; amending s.
    3         25.381, F.S.; requiring the Supreme Court and Attorney
    4         General to jointly enter into a contract with a vendor
    5         to publish copies of Florida cases; amending s.
    6         28.241, F.S.; redirecting a portion of certain civil
    7         filing fees to the Clerks of the Court Trust Fund
    8         within the Justice Administrative Commission;
    9         eliminating a requirement that a portion of such fees
   10         be deposited into the Department of Financial
   11         Services’ Administrative Trust Fund; amending s.
   12         28.246, F.S.; requiring the clerk to refer certain
   13         unpaid accounts to a private attorney or a collection
   14         agent; amending s. 28.35, F.S.; providing for the
   15         Florida Clerks of Court Operations Corporation to be
   16         administratively housed within the Justice
   17         Administrative Commission; requiring the Chief Justice
   18         of the Supreme Court to designate a member of the
   19         corporation’s executive council to represent the state
   20         courts system; deleting provisions exempting the
   21         corporation from ch. 287, F.S., relating to
   22         procurement, and from ch. 120, F.S., relating to
   23         administrative procedures; revising the duties of the
   24         corporation; requiring that the Florida Clerks of
   25         Court Operations Corporation develop measures and
   26         standards for reviewing the performance of clerks of
   27         court and notify the Legislature and the Supreme Court
   28         of any clerk not meeting the standards; conforming
   29         cross-references; deleting provisions relating to the
   30         certification of the amount of the proposed budget for
   31         each clerk; providing for the clerks of court to be
   32         funded pursuant to state appropriations rather than
   33         from filing fees, service charges, court costs, and
   34         fines; providing for the Florida Clerks of Court
   35         Operations Corporation to be funded pursuant to the
   36         General Appropriations Act rather than a contract with
   37         the Chief Financial Officer; revising requirements for
   38         the audits of clerks of court; amending s. 28.36,
   39         F.S.; providing a procedure for the clerks of court to
   40         prepare budget requests for submission to the Florida
   41         Clerks of Court Operations Corporation, with a copy to
   42         the Supreme Court; providing requirements for the
   43         budget requests; requiring the corporation to
   44         determine whether projected court-related revenues are
   45         less than the proposed budget for a clerk; requiring
   46         that a clerk increase fees and service charges to
   47         resolve a deficit; requiring the corporation to
   48         compare a clerk’s expenditures and costs with the
   49         clerk’s peer group and for the clerk to submit
   50         documentation justifying higher expenditures;
   51         requiring that the corporation and the Chief Financial
   52         Officer review the clerks’ budget requests and make
   53         recommendations to the Legislature; authorizing the
   54         Chief Financial Officer to conduct, and the Chief
   55         Justice of the Supreme Court to request, an audit of
   56         the corporation or a clerk of court; providing for the
   57         Legislature to make appropriations for the budgets of
   58         the clerks; requiring that the corporation release
   59         appropriations each quarter; deleting provisions
   60         authorizing the Legislative Budget Commission to
   61         approve budgets; amending s. 28.37, F.S.; clarifying
   62         the requirement for all court-related fines, fees,
   63         service charges, and costs to be deposited into the
   64         Clerks of the Court Trust Fund; deleting obsolete
   65         provisions relating to the funding of the clerks of
   66         court; requiring that a specified percentage of all
   67         court-related fines collected by the clerk be
   68         deposited into the clerk’s Public Records
   69         Modernization Trust Fund and used exclusively for
   70         additional court-related operational needs and
   71         programs; amending s. 34.041, F.S., relating to filing
   72         fees; conforming provisions to changes made by the
   73         act; amending s. 43.16, F.S., relating to the duties
   74         of the Justice Administrative Commission; conforming
   75         provisions to the transfer of the Florida Clerks of
   76         Court Operations Corporation to the commission;
   77         amending s. 43.27, F.S.; requiring that the clerk of
   78         court obtain the consent of the chief judge of the
   79         circuit concerning the clerk’s office hours; amending
   80         s. 142.01, F.S.; requiring the deposit of revenues
   81         received in the fine and forfeiture funds of the
   82         clerks of court into the Clerks of the Court Trust
   83         Fund within the Justice Administrative Commission;
   84         amending s. 216.011, F.S.; redefining the term “state
   85         agency” for purposes of the fiscal affairs of the
   86         state to include the Florida Clerks of Court
   87         Operations Corporation; requiring that the clerks of
   88         court submit financial data to the Executive Office of
   89         the Governor; transferring the Clerks of the Court
   90         Trust Fund from the Department of Revenue to the
   91         Justice Administrative Commission; providing a finding
   92         that the act fulfills an important state interest;
   93         providing an effective date.
   94  
   95  Be It Enacted by the Legislature of the State of Florida:
   96  
   97         Section 1. Section 25.381, Florida Statutes, is amended to
   98  read:
   99         25.381 Reports; publication; purchase and distribution.—The
  100  reports of the opinions of the Supreme Court and the district
  101  courts of appeal shall be known as Florida Cases. In July, 1963,
  102  and every second year thereafter until otherwise provided by
  103  law, the Supreme Court and the Attorney General shall jointly
  104  enter into a contract with a vendor West Publishing Corporation,
  105  St. Paul, Minnesota, providing for the publication, in whatever
  106  format or formats are agreed upon, and distribution of such
  107  copies of Florida Cases as necessary to furnish copies thereof
  108  to the officers and institutions as required or authorized by
  109  law. The copies of such reports purchased by the state under
  110  such contract shall be paid for from moneys appropriated for
  111  this purpose.
  112         Section 2. Subsection (1) of section 28.241, Florida
  113  Statutes, is amended to read
  114         28.241 Filing fees for trial and appellate proceedings.—
  115         (1)(a) The party instituting any civil action, suit, or
  116  proceeding in the circuit court shall pay to the clerk of that
  117  court a filing fee of up to $295 in all cases in which there are
  118  not more than five defendants and an additional filing fee of up
  119  to $2.50 for each defendant in excess of five. Of the first $85
  120  in filing fees, $80 must be remitted by the clerk to the
  121  Department of Revenue for deposit into the General Revenue Fund,
  122  and $5 must be remitted to the Department of Revenue for deposit
  123  into the Clerks of the Court Trust Fund within the Justice
  124  Administrative Commission and used Department of Financial
  125  Services’ Administrative Trust Fund to fund the contract with
  126  the Florida Clerks of Court Operations Corporation created in s.
  127  28.35. The next $15 of the filing fee collected shall be
  128  deposited in the state courts’ Mediation and Arbitration Trust
  129  Fund. One-third of any filing fees collected by the clerk of the
  130  circuit court in excess of $100 shall be remitted to the
  131  Department of Revenue for deposit into the Department of Revenue
  132  Clerks of the Court Trust Fund. An additional filing fee of $4
  133  shall be paid to the clerk. The clerk shall remit $3.50 to the
  134  Department of Revenue for deposit into the Court Education Trust
  135  Fund and shall remit 50 cents to the Department of Revenue for
  136  deposit into the Clerks of the Court Department of Financial
  137  Services Administrative Trust Fund to fund clerk education. An
  138  additional filing fee of up to $18 shall be paid by the party
  139  seeking each severance that is granted. The clerk may impose an
  140  additional filing fee of up to $85 for all proceedings of
  141  garnishment, attachment, replevin, and distress. Postal charges
  142  incurred by the clerk of the circuit court in making service by
  143  certified or registered mail on defendants or other parties
  144  shall be paid by the party at whose instance service is made. No
  145  additional fees, charges, or costs shall be added to the filing
  146  fees imposed under this section, except as authorized herein or
  147  by general law.
  148         (b) A party reopening any civil action, suit, or proceeding
  149  in the circuit court shall pay to the clerk of court a filing
  150  fee set by the clerk in an amount not to exceed $50. For
  151  purposes of this section, a case is reopened when a case
  152  previously reported as disposed of is resubmitted to a court and
  153  includes petitions for modification of a final judgment of
  154  dissolution. A party is exempt from paying the fee for any of
  155  the following:
  156         1. A writ of garnishment;
  157         2. A writ of replevin;
  158         3. A distress writ;
  159         4. A writ of attachment;
  160         5. A motion for rehearing filed within 10 days;
  161         6. A motion for attorney’s fees filed within 30 days after
  162  entry of a judgment or final order;
  163         7. A motion for dismissal filed after a mediation agreement
  164  has been filed;
  165         8. A disposition of personal property without
  166  administration;
  167         9. Any probate case prior to the discharge of a personal
  168  representative;
  169         10. Any guardianship pleading prior to discharge;
  170         11. Any mental health pleading;
  171         12. Motions to withdraw by attorneys;
  172         13. Motions exclusively for the enforcement of child
  173  support orders;
  174         14. A petition for credit of child support;
  175         15. A Notice of Intent to Relocate and any order issuing as
  176  a result of an uncontested relocation;
  177         16. Stipulations;
  178         17. Responsive pleadings; or
  179         18. Cases in which there is no initial filing fee.
  180         (c) Any party other than a party described in paragraph (a)
  181  who files a pleading in an original civil action in circuit
  182  court for affirmative relief by cross-claim, counterclaim, or
  183  third-party complaint shall pay the clerk of court a fee of
  184  $295. The clerk shall remit the fee to the Department of Revenue
  185  for deposit into the General Revenue Fund.
  186         (d) The clerk of court shall collect a service charge of
  187  $10 for issuing a summons. The clerk shall assess the fee
  188  against the party seeking to have the summons issued.
  189         Section 3. Subsection (6) of section 28.246, Florida
  190  Statutes, is amended to read:
  191         28.246 Payment of court-related fees, charges, and costs;
  192  partial payments; distribution of funds.—
  193         (6) A clerk of court shall may pursue the collection of any
  194  fees, service charges, fines, court costs, and liens for the
  195  payment of attorney’s fees and costs pursuant to s. 938.29 which
  196  remain unpaid after for 90 days by referring or more, or refer
  197  the account to a private attorney who is a member in good
  198  standing of The Florida Bar or collection agent who is
  199  registered and in good standing pursuant to chapter 559. In
  200  pursuing the collection of such unpaid financial obligations
  201  through a private attorney or collection agent, the clerk of the
  202  court must have attempted to collect the unpaid amount through a
  203  collection court, collections docket, or other collections
  204  process, if any, established by the court, find this to be cost
  205  effective and follow any applicable procurement practices. The
  206  collection fee, including any reasonable attorney’s fee, paid to
  207  any attorney or collection agent retained by the clerk may be
  208  added to the balance owed in an amount not to exceed 40 percent
  209  of the amount owed at the time the account is referred to the
  210  attorney or agent for collection.
  211         Section 4. Section 28.35, Florida Statutes, is amended to
  212  read:
  213         28.35 Florida Clerks of Court Operations Corporation.—
  214         (1)(a) The Florida Clerks of Court Operations Corporation
  215  is hereby created as a public corporation organized to perform
  216  the functions specified in this section and s. 28.36, and shall
  217  be administratively housed within the Justice Administrative
  218  Commission. The corporation shall be a budget entity within the
  219  Justice Administrative Commission and its employees shall be
  220  considered state employees. All clerks of the circuit court
  221  shall be members of the corporation and hold their position and
  222  authority in an ex officio capacity. The functions assigned to
  223  the corporation shall be performed by an executive council
  224  pursuant to the plan of operation approved by the members.
  225         (b) The executive council shall be composed of eight clerks
  226  of the court elected by the clerks of the courts for a term of 2
  227  years, with two clerks from counties with a population of fewer
  228  than 100,000, two clerks from counties with a population of at
  229  least 100,000 but fewer than 500,000, two clerks from counties
  230  with a population of at least 500,000 but fewer than 1 million,
  231  and two clerks from counties with a population of more than 1
  232  million. In addition to the eight clerks of court serving on the
  233  executive council, the Chief Justice of the Supreme Court shall
  234  designate one additional member to represent the state courts
  235  system.
  236         (c) The corporation shall be considered a political
  237  subdivision of the state and shall be exempt from the corporate
  238  income tax. The corporation is not subject to the procurement
  239  provisions of chapter 287 and policies and decisions of the
  240  corporation relating to incurring debt, levying assessments, and
  241  the sale, issuance, continuation, terms, and claims under
  242  corporation policies, and all services relating thereto, are not
  243  subject to the provisions of chapter 120.
  244         (d) The functions assigned to the corporation under this
  245  section and ss. 28.36 and 28.37 are considered to be for a valid
  246  public purpose.
  247         (2) The duties of the corporation shall include the
  248  following:
  249         (a) Adopting a plan of operation.
  250         (b) Conducting the election of directors as required in
  251  paragraph (1)(a).
  252         (c) Recommending to the Legislature changes in the various
  253  court-related fines, fees, service charges, and court costs
  254  established by law to ensure reasonable and adequate funding of
  255  the clerks of the court in the performance of their court
  256  related functions.
  257         (d)Pursuant to contract with the Chief Financial Officer,
  258  establishing a process for the review and certification of
  259  proposed court-related budgets submitted by clerks of the court
  260  for completeness and compliance with this section and ss. 28.36
  261  and 28.37. This process shall be designed and be of sufficient
  262  detail to permit independent verification and validation of the
  263  budget certification. The contract shall specify the process to
  264  be used in determining compliance by the corporation with this
  265  section and ss. 28.36 and 28.37.
  266         (d)(e) Developing and certifying a uniform system of
  267  performance measures and applicable performance standards for
  268  the functions specified in paragraph (3)(a) and the service unit
  269  costs required in s. 28.36 paragraph (4)(a) and measures for
  270  clerk performance in meeting the performance standards. These
  271  measures and standards shall be designed to facilitate an
  272  objective determination of the performance of each clerk in
  273  accordance with minimum standards for fiscal management,
  274  operational efficiency, and effective collection of fines, fees,
  275  service charges, and court costs. The corporation shall develop
  276  the performance measures and performance standards in
  277  consultation with the Legislature and the Supreme Court. The
  278  Legislature may modify the clerk performance measures and
  279  performance standards in legislation implementing the General
  280  Appropriations Act or other law. When the corporation finds a
  281  clerk has not met the performance standards, the corporation
  282  shall identify the nature of each deficiency and any corrective
  283  action recommended and taken by the affected clerk of the court.
  284  The corporation shall notify the Legislature and the Supreme
  285  Court of any clerk not meeting performance standards and provide
  286  a copy of any corrective action plans.
  287         (e)(f) Reviewing and certifying proposed budgets submitted
  288  by clerks of the court pursuant to s. 28.36 utilizing the
  289  process approved by the Chief Financial Officer pursuant to
  290  paragraph (d) for the purpose of making the certification in
  291  paragraph (3)(a). As part of this process, the corporation
  292  shall:
  293         1.Calculate the maximum authorized annual budget pursuant
  294  to the requirements of s. 28.36.
  295         2.Identify those proposed budgets exceeding the maximum
  296  annual budget pursuant to s. 28.36(5) for the standard list of
  297  court-related functions specified in paragraph (4)(a).
  298         3.Identify those proposed budgets containing funding for
  299  items not included on the standard list of court-related
  300  functions specified in paragraph (4)(a).
  301         4.Identify those clerks projected to have court-related
  302  revenues insufficient to fund their anticipated court-related
  303  expenditures.
  304         (f)(g) Developing and conducting clerk education programs.
  305         (g)(h) Publishing a uniform schedule of actual fees,
  306  service charges, and costs charged by a clerk of the court for
  307  court-related functions pursuant to general law.
  308         (3)(a)The Clerks of Court Operations Corporation shall
  309  certify to the President of the Senate, the Speaker of the House
  310  of Representatives, the Chief Financial Officer, and the
  311  Department of Revenue by October 15 of each year, the amount of
  312  the proposed budget certified for each clerk; the revenue
  313  projection supporting each clerk’s budget; each clerk eligible
  314  to retain some or all of the state’s share of fines, fees,
  315  service charges, and costs; the amount to be paid to each clerk
  316  from the Clerks of the Court Trust Fund within the Department of
  317  Revenue; the performance measures and standards approved by the
  318  corporation for each clerk; and the performance of each clerk in
  319  meeting the performance standards.
  320         (b)Prior to December 1 of each year, the Chief Financial
  321  Officer shall review the certifications made by the corporation
  322  for the purpose of determining compliance with the approved
  323  process and report its findings to the President of the Senate,
  324  the Speaker of the House of Representatives and to the
  325  Department of Revenue. To determine compliance with this
  326  process, the Chief Financial Officer may examine the budgets
  327  submitted to the corporation by the clerks.
  328         (3)(4)(a) The list of court-related functions that clerks
  329  may perform are fund from filing fees, service charges, court
  330  costs, and fines shall be limited to those functions expressly
  331  authorized by law or court rule. Those functions must include
  332  the following: case maintenance; records management; court
  333  preparation and attendance; processing the assignment,
  334  reopening, and reassignment of cases; processing of appeals;
  335  collection and distribution of fines, fees, service charges, and
  336  court costs; processing of bond forfeiture payments; payment of
  337  jurors and witnesses; payment of expenses for meals or lodging
  338  provided to jurors; data collection and reporting; processing of
  339  jurors; determinations of indigent status; and reasonable
  340  administrative support costs to enable the clerk of the court to
  341  carry out these court-related functions.
  342         (b) The list of functions that clerks may not fund from
  343  state appropriations filing fees, service charges, court costs,
  344  and fines shall include:
  345         1. Those functions not specified within paragraph (a).
  346         2. Functions assigned by administrative orders which are
  347  not required for the clerk to perform the functions in paragraph
  348  (a).
  349         3. Enhanced levels of service which are not required for
  350  the clerk to perform the functions in paragraph (a).
  351         4. Functions identified as local requirements in law or
  352  local optional programs.
  353         (4)(5) The corporation shall be funded pursuant to the
  354  General Appropriations Act contract with the Chief Financial
  355  Officer. Funds shall be provided to the Chief Financial Officer
  356  for this purpose as appropriated by general law. These funds
  357  shall be available to the corporation for the performance of the
  358  duties and responsibilities as set forth in this section. The
  359  corporation may hire staff and pay other expenses from state
  360  appropriations these funds as necessary to perform the official
  361  duties and responsibilities of the corporation as described by
  362  law in this section.
  363         (5)(6)(a) The corporation shall submit an annual audited
  364  financial statement to the Auditor General in a form and manner
  365  prescribed by the Auditor General. The Auditor General shall
  366  conduct an annual audit of the operations of the corporation,
  367  including the use of funds and compliance with the provisions of
  368  this section and ss. 28.36 and 28.37.
  369         (b) Certified public accountants conducting audits of
  370  counties pursuant to s. 218.39 shall report, as part of the
  371  audit, whether or not the clerks of the courts have complied
  372  with the requirements of this section and s. 28.36. In addition,
  373  each clerk of court shall forward a copy of the portion of the
  374  financial audit relating to the court-related duties of the
  375  clerk of court to the Supreme Court. budgets certified by the
  376  Florida Clerk of Courts Operations Corporation pursuant to the
  377  budget review process pursuant to contract with the Chief
  378  Financial Officer and with the performance standards developed
  379  and certified pursuant to this section. The Auditor General
  380  shall develop a compliance supplement for the audit of
  381  compliance with the budgets and applicable performance standards
  382  certified by the corporation.
  383         Section 5. Section 28.36, Florida Statutes, is amended to
  384  read:
  385         28.36 Budget procedure.—There is hereby established a
  386  budget procedure for the preparing budget requests for funding
  387  for the court-related functions of the clerks of the court.
  388         (1)Each clerk of court shall prepare a budget request for
  389  the last quarter of the county fiscal year and the first three
  390  quarters of the next county fiscal year. The proposed budget
  391  shall be prepared, summarized, and submitted by the clerk in
  392  each county to the Clerks of Court Operations Corporation in the
  393  manner and form prescribed by the corporation to meet the
  394  requirements of law. Each clerk shall forward a copy of his or
  395  her budget request to the Supreme Court. The budget requests
  396  must be provided to the corporation by October 1 of each year.
  397         (1)Only those functions on the standard list developed
  398  pursuant to s. 28.35(4)(a) may be funded from fees, service
  399  charges, court costs, and fines retained by the clerks of the
  400  court. No clerk may use fees, service charges, court costs, and
  401  fines in excess of the maximum budget amounts as established in
  402  subsection (5).
  403         (2)For the period July 1, 2004, through September 30,
  404  2004, and for each county fiscal year ending September 30
  405  thereafter, each clerk of the court shall prepare a budget
  406  relating solely to the performance of the standard list of
  407  court-related functions pursuant to s. 28.35(4)(a).
  408         (3)Each proposed budget shall further conform to the
  409  following requirements:
  410         (a)On or before August 15 for each fiscal year thereafter,
  411  the proposed budget shall be prepared, summarized, and submitted
  412  by the clerk in each county to the Clerks of Court Operations
  413  Corporation in the manner and form prescribed by the
  414  corporation. The proposed budget must provide detailed
  415  information on the anticipated revenues available and
  416  expenditures necessary for the performance of the standard list
  417  of court-related functions of the clerk’s office developed
  418  pursuant to s. 28.35(4)(a) for the county fiscal year beginning
  419  the following October 1.
  420         (b)The proposed budget must be balanced, such that the
  421  total of the estimated revenues available must equal or exceed
  422  the total of the anticipated expenditures. These revenues
  423  include the following: cash balances brought forward from the
  424  prior fiscal period; revenue projected to be received from fees,
  425  service charges, court costs, and fines for court-related
  426  functions during the fiscal period covered by the budget; and
  427  supplemental revenue that may be requested pursuant to
  428  subsection (4). The anticipated expenditures must be itemized as
  429  required by the corporation, pursuant to contract with the Chief
  430  Financial Officer.
  431         (c)The proposed budget may include a contingency reserve
  432  not to exceed 10 percent of the total budget, provided that,
  433  overall, the proposed budget does not exceed the limits
  434  prescribed in subsection (5).
  435         (4)If a clerk of the court estimates that available funds
  436  plus projected revenues from fines, fees, service charges, and
  437  costs for court-related services are insufficient to meet the
  438  anticipated expenditures for the standard list of court-related
  439  functions in s. 28.35(4)(a) performed by his or her office, the
  440  clerk must report the revenue deficit to the Clerks of Court
  441  Operations Corporation in the manner and form prescribed by the
  442  corporation pursuant to contract with the Chief Financial
  443  Officer. The corporation shall verify that the proposed budget
  444  is limited to the standard list of court-related functions in s.
  445  28.35(4)(a).
  446         (2)(a)Each clerk shall include in his or her budget
  447  request a projection of the amount of court-related fees,
  448  service charges, and any other court-related clerk fees which
  449  will be collected during the proposed budget period. If the
  450  corporation determines verifies that the proposed budget is
  451  limited to the standard list of court-related functions in s.
  452  28.35(3)(a) s. 28.35(4)(a) and the projected court-related
  453  revenues are less than the proposed budget, the a revenue
  454  deficit is projected, a clerk seeking to retain revenues
  455  pursuant to this subsection shall increase all fees, service
  456  charges, and any other court-related clerk fees and charges to
  457  the maximum amounts specified by law or the amount necessary to
  458  resolve the deficit, whichever is less.
  459         (3)Each clerk shall include in his or her budget request
  460  the number of personnel and the proposed budget for each of the
  461  following core services:
  462         (a)Case processing;
  463         (b)Financial processing;
  464         (c)Jury management; and
  465         (d)Information and reporting.
  466  
  467  Central administrative costs shall be allocated among the core
  468  services categories.
  469         (4)The budget request must identify the service units to
  470  be provided within each core service. The service units shall be
  471  developed by the corporation, in consultation with the Supreme
  472  Court, the Chief Financial Officer, and the appropriation
  473  committees of the Senate and the House of Representatives.
  474         (5)The budget request must propose a unit cost for each
  475  service unit. The corporation shall provide a copy of each
  476  clerk’s budget request to the Supreme Court.
  477         (6)The corporation shall review each individual clerk’s
  478  prior-year expenditures, projected revenue, proposed unit costs,
  479  and the proposed budget for each of the core-services
  480  categories. The corporation shall compare each clerk’s prior
  481  year expenditures and unit costs for core services with a peer
  482  group of clerks’ offices having a population of a similar size
  483  and a similar number of case filings. If the corporation finds
  484  that the expenditures, unit costs, or proposed budget of a clerk
  485  are significantly higher than those of clerks in that clerk’s
  486  peer group, the corporation shall require the clerk to submit
  487  documentation justifying the difference in each core-services
  488  category. Justification for higher expenditures may include, but
  489  need not be limited to, collective bargaining agreements, county
  490  civil service agreements, and the number and distribution of
  491  court houses served by the clerk. If the expenditures and unit
  492  costs are not justified, the corporation shall recommend a
  493  reduction in the funding for that core-services category in the
  494  budget request to an amount similar to the peer group of clerks
  495  or to an amount that the corporation determines is justified.
  496         (7)The corporation shall complete its review and
  497  adjustments to the clerks’ budget requests and make its
  498  recommendations to the Legislature and the Supreme Court by
  499  December 1 each year.
  500         (8)The Chief Financial Officer shall review the proposed
  501  unit costs associated with each clerk of court’s budget request
  502  and make recommendations to the Legislature. The Chief Financial
  503  Officer may conduct any audit of the corporation or a clerk of
  504  court as authorized by law. The Chief Justice of the Supreme
  505  Court may request an audit of the corporation or any clerk of
  506  court by the Chief Financial Officer.
  507         (9)The Legislature shall appropriate the total amount for
  508  the budgets of the clerks in the General Appropriations Act. The
  509  Legislature may reject or modify any or all of the unit costs
  510  recommended by the corporation. If the Legislature does not
  511  specify the unit costs in the General Appropriations Act or
  512  other law, the unit costs recommended by the corporation will be
  513  the official unit costs for that budget period.
  514         (10)The corporation shall release appropriations to each
  515  clerk quarterly. The amount of the release shall be based on the
  516  prior quarter’s performance of service units identified in the
  517  four core services and the established unit costs for each
  518  clerk. If, after increasing fees, service charges, and any other
  519  court-related clerk fees and charges to the maximum amounts
  520  specified by law, a revenue deficit is still projected, the
  521  corporation shall, pursuant to the terms of the contract with
  522  the Chief Financial Officer, certify a revenue deficit and
  523  notify the Department of Revenue that the clerk is authorized to
  524  retain revenues, in an amount necessary to fully fund the
  525  projected revenue deficit, which he or she would otherwise be
  526  required to remit to the Department of Revenue for deposit into
  527  the Department of Revenue Clerks of the Court Trust Fund
  528  pursuant to s. 28.37. If a revenue deficit is projected for that
  529  clerk after retaining all of the projected collections from the
  530  court-related fines, fees, service charges, and costs, the
  531  Department of Revenue shall certify the amount of the revenue
  532  deficit amount to the Executive Office of the Governor and
  533  request release authority for funds appropriated for this
  534  purpose from the Department of Revenue Clerks of the Court Trust
  535  Fund. Notwithstanding provisions of s. 216.192 related to the
  536  release of funds, the Executive Office of the Governor may
  537  approve the release of funds appropriated to resolve projected
  538  revenue deficits in accordance with the notice, review, and
  539  objection procedures set forth in s. 216.177 and shall provide
  540  notice to the Chief Financial Officer. The Department of Revenue
  541  is directed to request monthly distributions from the Chief
  542  Financial Officer in equal amounts to each clerk certified to
  543  have a revenue deficit, in accordance with the releases approved
  544  by the Governor.
  545         (b)If the Chief Financial Officer finds the court-related
  546  budget proposed by a clerk includes functions not included in
  547  the standard list of court-related functions in s. 28.35(4)(a),
  548  the Chief Financial Officer shall notify the clerk of the amount
  549  of the proposed budget not eligible to be funded from fees,
  550  service charges, costs, and fines for court-related functions
  551  and shall identify appropriate corrective measures to ensure
  552  budget integrity. The clerk shall then immediately discontinue
  553  all ineligible expenditures of court-related funds for this
  554  purpose and reimburse the Clerks of the Court Trust Fund for any
  555  previously ineligible expenditures made for non-court-related
  556  functions, and shall implement any corrective actions identified
  557  by the Chief Financial Officer.
  558         (5)(a)For the county fiscal year October 1, 2004, through
  559  September 30, 2005, the maximum annual budget amount for the
  560  standard list of court-related functions of the clerks of court
  561  in s. 28.35(4)(a) that may be funded from fees, service charges,
  562  court costs, and fines retained by the clerks of the court shall
  563  not exceed:
  564         1.One hundred and three percent of the clerk’s estimated
  565  expenditures for the prior county fiscal year; or
  566         2.One hundred and five percent of the clerk’s estimated
  567  expenditures for the prior county fiscal year for those clerks
  568  in counties that for calendar years 1998-2002 experienced an
  569  average annual increase of at least 5 percent in both population
  570  and case filings for all case types as reported through the
  571  Summary Reporting System used by the state courts system.
  572         (b)For the county fiscal year 2005-2006, the maximum
  573  budget amount for the standard list of court-related functions
  574  of the clerks of court in s. 28.35(4)(a) that may be funded from
  575  fees, service charges, court costs, and fines retained by the
  576  clerks of the court shall be the approved budget for county
  577  fiscal year 2004-2005 adjusted by the projected percentage
  578  change in revenue between the county fiscal years 2004-2005 and
  579  2005-2006.
  580         (c)For the county fiscal years 2006-2007 and thereafter,
  581  the maximum budget amount for the standard list of court-related
  582  functions of the clerks of court in s. 28.35(4)(a) that may be
  583  funded from fees, service charges, court costs, and fines
  584  retained by the clerks of the court shall be established by
  585  first rebasing the prior fiscal year budget to reflect the
  586  actual percentage change in the prior fiscal year revenue and
  587  then adjusting the rebased prior fiscal year budget by the
  588  projected percentage change in revenue for the proposed budget
  589  year. The rebasing calculations and maximum annual budget
  590  calculations shall be as follows:
  591         1.For county fiscal year 2006-2007, the approved budget
  592  for county fiscal year 2004-2005 shall be adjusted for the
  593  actual percentage change in revenue between the two 12-month
  594  periods ending June 30, 2005, and June 30, 2006. This result is
  595  the rebased budget for the county fiscal year 2005-2006. Then
  596  the rebased budget for the county fiscal year 2005-2006 shall be
  597  adjusted by the projected percentage change in revenue between
  598  the county fiscal years 2005-2006 and 2006-2007. This result
  599  shall be the maximum annual budget amount for the standard list
  600  of court-related functions of the clerks of court in s.
  601  28.35(4)(a) that may be funded from fees, service charges, court
  602  costs, and fines retained by the clerks of the court for each
  603  clerk for the county fiscal year 2006-2007.
  604         2.For county fiscal year 2007-2008, the rebased budget for
  605  county fiscal year 2005-2006 shall be adjusted for the actual
  606  percentage change in revenue between the two 12-month periods
  607  ending June 30, 2006, and June 30, 2007. This result is the
  608  rebased budget for the county fiscal year 2006-2007. The rebased
  609  budget for county fiscal year 2006-2007 shall be adjusted by the
  610  projected percentage change in revenue between the county fiscal
  611  years 2006-2007 and 2007-2008. This result shall be the maximum
  612  annual budget amount for the standard list of court-related
  613  functions of the clerks of court in s. 28.35(4)(a) that may be
  614  funded from fees, service charges, court costs, and fines
  615  retained by the clerks of the court for county fiscal year 2007
  616  2008.
  617         3.For county fiscal years 2008-2009 and thereafter, the
  618  maximum budget amount for the standard list of court-related
  619  functions of the clerks of court in s. 28.35(4)(a) that may be
  620  funded from fees, service charges, court costs, and fines
  621  retained by the clerks of the court shall be calculated as the
  622  rebased budget for the prior county fiscal year adjusted by the
  623  projected percentage change in revenues between the prior county
  624  fiscal year and the county fiscal year for which the maximum
  625  budget amount is being authorized. The rebased budget for the
  626  prior county fiscal year shall always be calculated by adjusting
  627  the rebased budget for the year preceding the prior county
  628  fiscal year by the actual percentage change in revenues between
  629  the 12-month period ending June 30 of the year preceding the
  630  prior county fiscal year and the 12-month period ending June 30
  631  of the prior county fiscal year.
  632         (6)The Legislative Budget Commission may approve increases
  633  to the maximum annual budgets approved for individual clerks of
  634  the court pursuant to this section for court-related duties, if
  635  either of the following conditions exist:
  636         (a)The additional funding is necessary to pay the cost of
  637  performing new or additional functions required by changes in
  638  law or court rule. Before the Legislative Budget Commission may
  639  approve an increase in the maximum annual budget of any clerk
  640  under this paragraph, the Clerk of the Court Operations
  641  Corporation must provide the Legislative Budget Commission with
  642  a statement of the impact of the proposed budget changes on
  643  state revenues, and evidence that the respective clerk of the
  644  court is meeting or exceeding the established performance
  645  standards for measures on the fiscal management, operational
  646  efficiency, and effective collection of fines, fees, service
  647  charges, and court costs.
  648         (b)The additional funding is necessary to pay the cost of
  649  supporting increases in the number of judges or magistrates
  650  authorized by the Legislature. Before the Legislative Budget
  651  Commission may approve an increase in the maximum annual budget
  652  of any clerk under this paragraph, the Clerk of the Court
  653  Operations Corporation must provide the Legislative Budget
  654  Commission with a statement of the impact of the proposed budget
  655  changes on state revenues; evidence that the respective clerk of
  656  the court is meeting or exceeding the established performance
  657  standards for measures on the fiscal management, operational
  658  efficiency, and effective collection of fines, fees, service
  659  charges, and court costs; and a proposed staffing model,
  660  including the cost and number of staff necessary to support each
  661  new judge or magistrate.
  662  
  663  The total amount of increases approved by the Legislative Budget
  664  Commission for each county fiscal year shall not exceed an
  665  amount equal to 2 percent of the maximum annual budgets approved
  666  pursuant to this section for all clerks, in the aggregate, for
  667  that same county fiscal year.
  668         (11)(7) The corporation may submit proposed legislation to
  669  the Governor, the President of the Senate, and the Speaker of
  670  the House of Representatives relating to the preparation of
  671  budget requests of the clerks of court no later than November 1
  672  in any year for approval of clerk budget request amounts
  673  exceeding the restrictions in this section for the following
  674  October 1. If proposed legislation is recommended, the
  675  corporation shall also submit supporting justification with
  676  sufficient detail to identify the specific proposed expenditures
  677  that would cause the limitations to be exceeded for each
  678  affected clerk and the estimated fiscal impact on state
  679  revenues.
  680         Section 6. Section 28.37, Florida Statutes, is amended to
  681  read:
  682         28.37 Fines, fees, service charges, and costs remitted to
  683  the state.—
  684         (1) Pursuant to s. 14(b), Art. V of the State Constitution,
  685  selected salaries, costs, and expenses of the state courts
  686  system and court-related functions shall be funded from a
  687  portion of the revenues derived from statutory fines, fees,
  688  service charges, and costs collected by the clerks of the court.
  689         (2)Except as otherwise provided in ss. 28.241 and 34.041,
  690  all court-related fines, fees, service charges, and costs are
  691  considered state funds and shall be remitted by the clerk to the
  692  Department of Revenue for deposit into the Clerks of the Court
  693  Trust Fund. However, 10 percent of all court-related fines
  694  collected by the clerk shall be deposited into the clerk’s
  695  Public Records Modernization Trust Fund to be used exclusively
  696  for additional clerk court-related operational needs and program
  697  enhancements.
  698         (2)Beginning August 1, 2004, except as otherwise provided
  699  in ss. 28.241 and 34.041, one-third of all fines, fees, service
  700  charges, and costs collected by the clerks of the court during
  701  the prior month for the performance of court-related functions
  702  shall be remitted to the Department of Revenue for deposit in
  703  the Department of Revenue Clerks of the Court Trust Fund. These
  704  collections do not include funding received for the operation of
  705  the Title IV-D child support collections and disbursement
  706  program. The clerk of the court shall remit the revenues
  707  collected during the prior month due to the state on or before
  708  the 20th day of each month. The Department of Revenue shall make
  709  a monthly transfer of the funds in the Department of Revenue
  710  Clerks of the Court Trust Fund that are not needed to resolve
  711  clerk of the court revenue deficits, as specified in s. 28.36,
  712  to the General Revenue Fund.
  713         (3)For the period of October 1, 2003, to June 30, 2004,
  714  those clerks operating as fee officers for court-related
  715  services shall determine the amount of fees collected and
  716  expenses generated for court-related services. Any excess fees
  717  generated during this period shall be remitted to the county on
  718  December 31, 2004. However, any billings for payment of due
  719  process services rendered before July 1, 2004, may be paid by
  720  the clerk from these funds. Due process services shall include,
  721  but not be limited to, court reporter services, court
  722  interpreter services, expert witness services, mental health
  723  evaluations, and court-appointed counsel services. In addition,
  724  any deficit experienced by the clerk for court-related services
  725  during the period from October 1, 2003, to June 30, 2004, shall
  726  be funded by the county.
  727         (4)Beginning January 1, 2005, for the period July 1, 2004,
  728  through September 30, 2004, and each January 1 thereafter for
  729  the preceding county fiscal year of October 1 through September
  730  30, the clerk of the court must remit to the Department of
  731  Revenue for deposit in the General Revenue Fund the cumulative
  732  excess of all fees, service charges, court costs, and fines
  733  retained by the clerks of the court, plus any funds received by
  734  the clerks of the court from the Department of Revenue Clerk of
  735  the Court Trust Fund under s. 28.36(4)(a), over the amount
  736  needed to meet the approved budget amounts established under s.
  737  28.36.
  738         (3)(5) The Department of Revenue shall collect any funds
  739  that the corporation determines upon investigation were due on
  740  January 1 but not remitted to the department.
  741         Section 7. Paragraph (b) of subsection (1) of section
  742  34.041, Florida Statutes, is amended to read:
  743         34.041 Filing fees.—
  744         (1)
  745         (b) The first $80 of the filing fee collected under
  746  subparagraph (a)4. shall be remitted to the Department of
  747  Revenue for deposit into the General Revenue Fund. The next $15
  748  of the filing fee collected under subparagraph (a)4., and the
  749  first $15 of each filing fee collected under subparagraph (a)6.,
  750  shall be deposited in the state courts’ Mediation and
  751  Arbitration Trust Fund. One-third of any filing fees collected
  752  by the clerk under this section in excess of the first $95
  753  collected under subparagraph (a)4. shall be remitted to the
  754  Department of Revenue for deposit into the Department of Revenue
  755  Clerks of the Court Trust Fund. An additional filing fee of $4
  756  shall be paid to the clerk. The clerk shall transfer $3.50 to
  757  the Department of Revenue for deposit into the Court Education
  758  Trust Fund and shall transfer 50 cents to the Department of
  759  Revenue for deposit into the Clerks of the Court Department of
  760  Financial Services’ Administrative Trust Fund to fund clerk
  761  education. Postal charges incurred by the clerk of the county
  762  court in making service by mail on defendants or other parties
  763  shall be paid by the party at whose instance service is made.
  764  Except as provided herein, filing fees and service charges for
  765  performing duties of the clerk relating to the county court
  766  shall be as provided in ss. 28.24 and 28.241. Except as
  767  otherwise provided herein, all filing fees shall be remitted to
  768  the Department of Revenue for deposit into the Clerks of the
  769  Court Trust Fund retained as fee income of the office of the
  770  clerk of circuit court. Filing fees imposed by this section may
  771  not be added to any penalty imposed by chapter 316 or chapter
  772  318.
  773         Section 8. Subsection (5) of section 43.16, Florida
  774  Statutes, is amended to read
  775         43.16 Justice Administrative Commission; membership, powers
  776  and duties.—
  777         (5) The duties of the commission shall include, but not be
  778  limited to, the following:
  779         (a) The maintenance of a central state office for
  780  administrative services and assistance when possible to and on
  781  behalf of the state attorneys and public defenders of Florida,
  782  the capital collateral regional counsel of Florida, the criminal
  783  conflict and civil regional counsel, and the Guardian Ad Litem
  784  Program, and the Florida Clerks of Court Operations Corporation.
  785         (b) Each state attorney, public defender, and criminal
  786  conflict and civil regional counsel, and the Guardian Ad Litem
  787  Program, and the Florida Clerks of Court Operations Corporation
  788  shall continue to prepare necessary budgets, vouchers that
  789  represent valid claims for reimbursement by the state for
  790  authorized expenses, and other things incidental to the proper
  791  administrative operation of the office, such as revenue
  792  transmittals to the Chief Financial Officer and automated
  793  systems plans, but will forward same to the commission for
  794  recording and submission to the proper state officer. However,
  795  when requested by a state attorney, a public defender, a
  796  criminal conflict and civil regional counsel, or the Guardian Ad
  797  Litem Program, the commission will either assist in the
  798  preparation of budget requests, voucher schedules, and other
  799  forms and reports or accomplish the entire project involved.
  800         Section 9. Section 43.27, Florida Statutes, is amended to
  801  read
  802         43.27 Office hours of clerks of court.—With the advice and
  803  consent of the chief judge of the circuit, the clerks of the
  804  courts of the several counties may establish the hours during
  805  which the office of clerk may be open to the public. The hours
  806  should conform as nearly as possible to the customary weekday
  807  hours of business prevailing in the county. The clerk may
  808  prescribe that the office be open such additional hours as
  809  public needs require. The clerk of court may not close any
  810  office of the clerk of court during customary weekday hours
  811  without the consent of the chief judge of the circuit.
  812         Section 10. Section 142.01, Florida Statutes, is amended to
  813  read:
  814         142.01 Fine and forfeiture fund; disposition of revenue;
  815  clerk of the circuit court.—
  816         (1) There shall be established by the clerk of the circuit
  817  court in each county of this state a separate fund to be known
  818  as the fine and forfeiture fund for use by the clerk of the
  819  circuit court in performing court-related functions. The fund
  820  shall consist of the following:
  821         (a)(1) Fines and penalties pursuant to ss. 28.2402(2),
  822  34.045(2), 316.193, 327.35, 327.72, 379.2203(1), and 775.083(1).
  823         (b)(2) That portion of civil penalties directed to this
  824  fund pursuant to s. 318.21.
  825         (c)(3) Court costs pursuant to ss. 28.2402(1)(b),
  826  34.045(1)(b), 318.14(10)(b), 318.18(11)(a), 327.73(9)(a) and
  827  (11)(a), and 938.05(3).
  828         (d)(4) Proceeds from forfeited bail bonds, unclaimed bonds,
  829  unclaimed moneys, or recognizances pursuant to ss. 321.05(4)(a),
  830  379.2203(1), and 903.26(3)(a).
  831         (e)(5) Fines and forfeitures pursuant to s. 34.191.
  832         (f)(6) All other revenues received by the clerk as revenue
  833  authorized by law to be retained by the clerk.
  834         (2)All revenues received by the clerk in the fine and
  835  forfeiture fund from court-related fees, fines, costs, and
  836  service charges are considered state funds and shall be remitted
  837  monthly to the Department of Revenue for deposit into the Clerks
  838  of the Court Trust Fund within the Justice Administrative
  839  Commission.
  840         (3) Notwithstanding the provisions of this section, all
  841  fines and forfeitures arising from operation of the provisions
  842  of s. 318.1215 shall be disbursed in accordance with that
  843  section.
  844         Section 11. Paragraph (qq) of subsection (1) of section
  845  216.011, Florida Statutes, is amended to read
  846         216.011 Definitions.—
  847         (1) For the purpose of fiscal affairs of the state,
  848  appropriations acts, legislative budgets, and approved budgets,
  849  each of the following terms has the meaning indicated:
  850         (qq) “State agency” or “agency” means any official,
  851  officer, commission, board, authority, council, committee, or
  852  department of the executive branch of state government. For
  853  purposes of this chapter and chapter 215, “state agency” or
  854  “agency” includes, but is not limited to, state attorneys,
  855  public defenders, criminal conflict and civil regional counsel,
  856  capital collateral regional counsel, the Florida Clerks of Court
  857  Operations Corporation, the Justice Administrative Commission,
  858  the Florida Housing Finance Corporation, and the Florida Public
  859  Service Commission. Solely for the purposes of implementing s.
  860  19(h), Art. III of the State Constitution, the terms “state
  861  agency” or “agency” include the judicial branch.
  862         Section 12. Each clerk of court shall provide financial
  863  data concerning his or her expenditures for court-related
  864  duties, including expenditures for court-related information
  865  technology, to the Executive Office of the Governor for the
  866  purposes contained in SB 1796 or similar legislation.
  867         Section 13. The Clerks of the Court Trust Fund within the
  868  Department of Revenue, FLAIR number 73-2-588, is transferred
  869  along with all balances and obligations to the Justice
  870  Administrative Commission.
  871         Section 14. The Legislature finds and declares that this
  872  act fulfills an important state interest.
  873         Section 15. This act shall take effect July 1, 2009.