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.