CS for CS for SB 2108                           Second Engrossed
       
       
       
       
       
       
       
       
       20092108e2
       
    1                        A bill to be entitled                      
    2         An act relating to the clerks of court; amending s.
    3         28.241, F.S.; redirecting a portion of certain civil
    4         filing fees to the Clerks of the Court Trust Fund
    5         within the Justice Administrative Commission; revising
    6         a requirement that a portion of such fees be deposited
    7         into the Department of Financial Services
    8         Administrative Trust Fund for a specified purpose;
    9         eliminating a requirement that a portion of such fees
   10         be deposited into the Clerks of the Court Trust Fund;
   11         conforming terminology to changes made by the act;
   12         amending s. 28.246, F.S.; conforming terminology to
   13         changes made by the act; requiring the clerk to refer
   14         certain unpaid accounts to a private attorney or a
   15         collection agent; amending s. 28.35, F.S.; providing
   16         for the Florida Clerks of Court Operations Corporation
   17         to be administratively housed within the Justice
   18         Administrative Commission; providing that the
   19         corporation is not subject to control, supervision, or
   20         direction by the commission; requiring employees of
   21         the corporation to be governed by the classification,
   22         salary, and benefits plan of the commission in a
   23         separate chapter; providing for legislative designees
   24         to the corporation’s executive council; requiring the
   25         Chief Justice of the Supreme Court to designate a
   26         member of the corporation’s executive council to
   27         represent the state courts system; deleting provisions
   28         exempting the corporation from ch. 287, F.S., relating
   29         to procurement, and from ch. 120, F.S., relating to
   30         administrative procedures; revising the duties of the
   31         corporation; requiring that the corporation develop
   32         measures and standards for reviewing the performance
   33         of clerks of court and notify the Legislature and the
   34         Supreme Court of any clerk not meeting the standards;
   35         conforming cross-references; deleting provisions
   36         relating to the certification of the amount of the
   37         proposed budget for each clerk; providing for the
   38         clerks of court to be funded pursuant to state
   39         appropriations rather than from filing fees, service
   40         charges, court costs, and fines; providing for the
   41         corporation to be funded pursuant to the General
   42         Appropriations Act rather than a contract with the
   43         Chief Financial Officer; requiring the corporation to
   44         submit a legislative budget request; revising
   45         requirements for the audits of clerks of court;
   46         amending s. 28.36, F.S.; providing a procedure for the
   47         clerks of court to prepare budget requests for
   48         submission to the Florida Clerks of Court Operations
   49         Corporation, with a copy to the Supreme Court;
   50         providing requirements for the budget requests;
   51         requiring the corporation to determine whether
   52         projected court-related revenues are less than the
   53         proposed budget for a clerk; requiring that a clerk
   54         increase fees and service charges to resolve a
   55         deficit; requiring the corporation to compare a
   56         clerk’s expenditures and costs with the clerk’s peer
   57         group and for the clerk to submit documentation
   58         justifying higher expenditures; requiring that the
   59         corporation and the Chief Financial Officer review the
   60         clerks’ budget requests and make recommendations to
   61         the Legislature; authorizing the Chief Financial
   62         Officer to conduct, and the Chief Justice of the
   63         Supreme Court to request, an audit of the corporation
   64         or a clerk of court; providing for the Legislature to
   65         make appropriations for the budgets of the clerks;
   66         requiring that the corporation release appropriations;
   67         specifying criteria for such release; deleting
   68         obsolete provisions; deleting provisions authorizing
   69         the Legislative Budget Commission to approve budgets;
   70         amending s. 28.37, F.S.; clarifying the requirement
   71         for depositing court-related fines, fees, service
   72         charges, and costs into the Clerks of the Court Trust
   73         Fund within the Justice Administrative Commission;
   74         requiring that a specified percentage of all court
   75         related fines collected by the clerk be deposited into
   76         the clerk’s Public Records Modernization Trust Fund
   77         and used exclusively for additional court-related
   78         operational needs and programs; deleting obsolete
   79         provisions relating to the funding of the clerks of
   80         court; amending s. 28.43, F.S.; conforming terminology
   81         to changes made by the act; amending s. 34.041, F.S.,
   82         relating to filing fees; conforming provisions to
   83         changes made by the act; amending s. 43.16, F.S.,
   84         relating to the duties of the Justice Administrative
   85         Commission; conforming provisions to the transfer of
   86         the Florida Clerks of Court Operations Corporation to
   87         the commission; amending s. 43.27, F.S.; requiring
   88         that the clerk of court obtain the consent of the
   89         chief judge of the circuit concerning the clerk’s
   90         office hours; amending s. 45.035, F.S.; revising the
   91         service charge for certain sales conducted by
   92         electronic means; requiring the service charge to be
   93         paid by the winning bidder; amending s. 110.205, F.S.;
   94         providing that positions in the Florida Clerks of
   95         Court Operations Corporation are excluded from career
   96         service exemption; amending s. 142.01, F.S.; requiring
   97         the deposit of revenues received in the fine and
   98         forfeiture funds of the clerks of court into the
   99         Clerks of the Court Trust Fund within the Justice
  100         Administrative Commission; amending s. 197.542, F.S.;
  101         adding the costs to conduct an electronic tax deed
  102         sale to certain other costs which must be paid by the
  103         certificate holder; amending s. 213.131, F.S.;
  104         conforming terminology and provisions to changes made
  105         by the act; amending s. 216.011, F.S.; redefining the
  106         term “state agency” for purposes of the fiscal affairs
  107         of the state to include the Florida Clerks of Court
  108         Operations Corporation; amending s. 318.18, F.S.;
  109         authorizing certain local governments to impose a
  110         surcharge on certain infractions or violations to
  111         repay bonds relating to court facilities; requiring a
  112         clerk of court to report the amount of surcharge
  113         collections; requiring that the clerks of court submit
  114         financial data to the Executive Office of the
  115         Governor; requiring the Office of Program Policy
  116         Analysis and Government Accountability, in
  117         consultation with the Chief Financial Officer and the
  118         Auditor General, to provide a report regarding the
  119         operation and relationship of the clerks of court and
  120         the courts to the Legislature by a specified date;
  121         providing report requirements; requiring the
  122         Technology Review Workgroup to develop a proposed plan
  123         for identifying and recommending options for
  124         implementing the integrated computer system and submit
  125         the plan to the Legislature by a specified date;
  126         providing plan requirements; providing specified
  127         restrictions for the purchase of computer software and
  128         hardware; providing an exception; transferring the
  129         Clerks of the Court Trust Fund from the Department of
  130         Revenue to the Justice Administrative Commission;
  131         providing a finding that the act fulfills an important
  132         state interest; repealing ss. 25.311, 25.321, 25.331,
  133         25.361, and 25.381, F.S., relating to the distribution
  134         and resupply of copies of the reports of decisions of
  135         the Supreme Court and district court of appeals, the
  136         declaration that such reports remain the public
  137         property of the state, the authorization of the
  138         Supreme Court to obtain state publications for
  139         exchange purposes, and the publication, purchase, and
  140         distribution of the reports of the opinions of the
  141         Supreme Court and the district courts of appeal,
  142         respectively; providing an effective date.
  143  
  144  Be It Enacted by the Legislature of the State of Florida:
  145  
  146         Section 1. Subsections (1) and (2) of section 28.241,
  147  Florida Statutes, are amended to read:
  148         28.241 Filing fees for trial and appellate proceedings.—
  149         (1)(a) The party instituting any civil action, suit, or
  150  proceeding in the circuit court shall pay to the clerk of that
  151  court a filing fee of up to $295 in all cases in which there are
  152  not more than five defendants and an additional filing fee of up
  153  to $2.50 for each defendant in excess of five. Of the first $85
  154  in filing fees, $80 must be remitted by the clerk to the
  155  Department of Revenue for deposit into the General Revenue Fund,
  156  $3.50 and $5 must be remitted to the Department of Revenue for
  157  deposit into the Clerks of the Court Trust Fund within the
  158  Justice Administrative Commission and used Department of
  159  Financial Services’ Administrative Trust Fund to fund the
  160  contract with the Florida Clerks of Court Operations Corporation
  161  created in s. 28.35, and $1.50 shall be remitted to the
  162  Department of Revenue for deposit into the Administrative Trust
  163  Fund within the Department of Financial Services to fund clerk
  164  budget reviews conducted by the Department of Financial
  165  Services. The next $15 of the filing fee collected shall be
  166  deposited in the state courts’ Mediation and Arbitration Trust
  167  Fund. One-third of any filing fees collected by the clerk of the
  168  circuit court in excess of $100 shall be remitted to the
  169  Department of Revenue for deposit into the Department of Revenue
  170  Clerks of the Court Trust Fund within the Justice Administrative
  171  Commission. An additional filing fee of $4 shall be paid to the
  172  clerk. The clerk shall remit $3.50 to the Department of Revenue
  173  for deposit into the Court Education Trust Fund and shall remit
  174  50 cents to the Department of Revenue for deposit into the
  175  Clerks of the Court Department of Financial Services
  176  Administrative Trust Fund within the Justice Administrative
  177  Commission to fund clerk education. An additional filing fee of
  178  up to $18 shall be paid by the party seeking each severance that
  179  is granted. The clerk may impose an additional filing fee of up
  180  to $85 for all proceedings of garnishment, attachment, replevin,
  181  and distress. Postal charges incurred by the clerk of the
  182  circuit court in making service by certified or registered mail
  183  on defendants or other parties shall be paid by the party at
  184  whose instance service is made. No additional fees, charges, or
  185  costs shall be added to the filing fees imposed under this
  186  section, except as authorized herein or by general law.
  187         (b) A party reopening any civil action, suit, or proceeding
  188  in the circuit court shall pay to the clerk of court a filing
  189  fee set by the clerk in an amount not to exceed $50. For
  190  purposes of this section, a case is reopened when a case
  191  previously reported as disposed of is resubmitted to a court and
  192  includes petitions for modification of a final judgment of
  193  dissolution. A party is exempt from paying the fee for any of
  194  the following:
  195         1. A writ of garnishment;
  196         2. A writ of replevin;
  197         3. A distress writ;
  198         4. A writ of attachment;
  199         5. A motion for rehearing filed within 10 days;
  200         6. A motion for attorney’s fees filed within 30 days after
  201  entry of a judgment or final order;
  202         7. A motion for dismissal filed after a mediation agreement
  203  has been filed;
  204         8. A disposition of personal property without
  205  administration;
  206         9. Any probate case prior to the discharge of a personal
  207  representative;
  208         10. Any guardianship pleading prior to discharge;
  209         11. Any mental health pleading;
  210         12. Motions to withdraw by attorneys;
  211         13. Motions exclusively for the enforcement of child
  212  support orders;
  213         14. A petition for credit of child support;
  214         15. A Notice of Intent to Relocate and any order issuing as
  215  a result of an uncontested relocation;
  216         16. Stipulations;
  217         17. Responsive pleadings; or
  218         18. Cases in which there is no initial filing fee.
  219         (c) Any party other than a party described in paragraph (a)
  220  who files a pleading in an original civil action in circuit
  221  court for affirmative relief by cross-claim, counterclaim, or
  222  third-party complaint shall pay the clerk of court a fee of
  223  $295. The clerk shall remit the fee to the Department of Revenue
  224  for deposit into the General Revenue Fund.
  225         (d) The clerk of court shall collect a service charge of
  226  $10 for issuing a summons. The clerk shall assess the fee
  227  against the party seeking to have the summons issued.
  228         (2) Upon the institution of any appellate proceeding from
  229  any lower court to the circuit court of any such county,
  230  including appeals filed by a county or municipality as provided
  231  in s. 34.041(5), or from the circuit court to an appellate court
  232  of the state, the clerk shall charge and collect from the party
  233  or parties instituting such appellate proceedings a filing fee
  234  not to exceed $280 for filing a notice of appeal from the county
  235  court to the circuit court and, in addition to the filing fee
  236  required under s. 25.241 or s. 35.22, $100 for filing a notice
  237  of appeal from the circuit court to the district court of appeal
  238  or to the Supreme Court. If the party is determined to be
  239  indigent, the clerk shall defer payment of the fee. The clerk
  240  shall remit the first $80 to the Department of Revenue for
  241  deposit into the General Revenue Fund. One-third of the fee
  242  collected by the clerk in excess of $80 also shall be remitted
  243  to the Department of Revenue for deposit into the Clerks of the
  244  Court Trust Fund.
  245         Section 2. Paragraph (b) of subsection (5) and subsection
  246  (6) of section 28.246, Florida Statutes, are amended to read:
  247         28.246 Payment of court-related fees, charges, and costs;
  248  partial payments; distribution of funds.—
  249         (5) When receiving partial payment of fees, service
  250  charges, court costs, and fines, clerks shall distribute funds
  251  according to the following order of priority:
  252         (b) That portion of fees, service charges, court costs, and
  253  fines which are required to be retained by the clerk of the
  254  court or deposited into the Clerks of the Court Trust Fund
  255  within the Justice Administrative Commission.
  256  
  257  To offset processing costs, clerks may impose either a per-month
  258  service charge pursuant to s. 28.24(26)(b) or a one-time
  259  administrative processing service charge at the inception of the
  260  payment plan pursuant to s. 28.24(26)(c).
  261         (6) A clerk of court shall may pursue the collection of any
  262  fees, service charges, fines, court costs, and liens for the
  263  payment of attorney’s fees and costs pursuant to s. 938.29 which
  264  remain unpaid after for 90 days by referring or more, or refer
  265  the account to a private attorney who is a member in good
  266  standing of The Florida Bar or collection agent who is
  267  registered and in good standing pursuant to chapter 559. In
  268  pursuing the collection of such unpaid financial obligations
  269  through a private attorney or collection agent, the clerk of the
  270  court must have attempted to collect the unpaid amount through a
  271  collection court, collections docket, or other collections
  272  process, if any, established by the court, find this to be cost
  273  effective and follow any applicable procurement practices. The
  274  collection fee, including any reasonable attorney’s fee, paid to
  275  any attorney or collection agent retained by the clerk may be
  276  added to the balance owed in an amount not to exceed 40 percent
  277  of the amount owed at the time the account is referred to the
  278  attorney or agent for collection.
  279         Section 3. Section 28.35, Florida Statutes, is amended to
  280  read:
  281         28.35 Florida Clerks of Court Operations Corporation.—
  282         (1)(a) The Florida Clerks of Court Operations Corporation
  283  is hereby created as a public corporation organized to perform
  284  the functions specified in this section and s. 28.36 and shall
  285  be administratively housed within the Justice Administrative
  286  Commission. The corporation shall be a budget entity within the
  287  Justice Administrative Commission, and its employees shall be
  288  considered state employees. The corporation is not subject to
  289  control, supervision, or direction by the Justice Administrative
  290  Commission in the performance of its duties, but the employees
  291  of the corporation shall be governed by the classification plan
  292  and salary and benefits plan of the Justice Administrative
  293  Commission. The classification plan must have a separate chapter
  294  for the corporation. All clerks of the circuit court shall be
  295  members of the corporation and hold their position and authority
  296  in an ex officio capacity. The functions assigned to the
  297  corporation shall be performed by an executive council pursuant
  298  to the plan of operation approved by the members.
  299         (b) The executive council shall be composed of eight clerks
  300  of the court elected by the clerks of the courts for a term of 2
  301  years, with two clerks from counties with a population of fewer
  302  than 100,000, two clerks from counties with a population of at
  303  least 100,000 but fewer than 500,000, two clerks from counties
  304  with a population of at least 500,000 but fewer than 1 million,
  305  and two clerks from counties with a population of more than 1
  306  million. The executive council shall also include, as ex officio
  307  members, a designee of the President of the Senate and a
  308  designee of the Speaker of the House of Representatives. The
  309  Chief Justice of the Supreme Court shall designate one
  310  additional member to represent the state courts system.
  311         (c) The corporation shall be considered a political
  312  subdivision of the state and shall be exempt from the corporate
  313  income tax. The corporation is not subject to the procurement
  314  provisions of chapter 287 and policies and decisions of the
  315  corporation relating to incurring debt, levying assessments, and
  316  the sale, issuance, continuation, terms, and claims under
  317  corporation policies, and all services relating thereto, are not
  318  subject to the provisions of chapter 120.
  319         (d) The functions assigned to the corporation under this
  320  section and ss. 28.36 and 28.37 are considered to be for a valid
  321  public purpose.
  322         (2) The duties of the corporation shall include the
  323  following:
  324         (a) Adopting a plan of operation.
  325         (b) Conducting the election of directors as required in
  326  paragraph (1)(a).
  327         (c) Recommending to the Legislature changes in the various
  328  court-related fines, fees, service charges, and court costs
  329  established by law to ensure reasonable and adequate funding of
  330  the clerks of the court in the performance of their court
  331  related functions.
  332         (d) Pursuant to contract with the Chief Financial Officer,
  333  establishing a process for the review and certification of
  334  proposed court-related budgets submitted by clerks of the court
  335  for completeness and compliance with this section and ss. 28.36
  336  and 28.37. This process shall be designed and be of sufficient
  337  detail to permit independent verification and validation of the
  338  budget certification. The contract shall specify the process to
  339  be used in determining compliance by the corporation with this
  340  section and ss. 28.36 and 28.37.
  341         (d)(e) Developing and certifying a uniform system of
  342  performance measures and applicable performance standards for
  343  the functions specified in paragraph (3)(a) and the service unit
  344  costs required in s. 28.36 paragraph (4)(a) and measures for
  345  clerk performance in meeting the performance standards. These
  346  measures and standards shall be designed to facilitate an
  347  objective determination of the performance of each clerk in
  348  accordance with minimum standards for fiscal management,
  349  operational efficiency, and effective collection of fines, fees,
  350  service charges, and court costs. The corporation shall develop
  351  the performance measures and performance standards in
  352  consultation with the Legislature and the Supreme Court. The
  353  Legislature may modify the clerk performance measures and
  354  performance standards in legislation implementing the General
  355  Appropriations Act or other law. When the corporation finds a
  356  clerk has not met the performance standards, the corporation
  357  shall identify the nature of each deficiency and any corrective
  358  action recommended and taken by the affected clerk of the court.
  359  The corporation shall notify the Legislature and the Supreme
  360  Court of any clerk not meeting performance standards and provide
  361  a copy of any corrective action plans.
  362         (e)(f) Reviewing and certifying proposed budgets submitted
  363  by clerks of the court pursuant to s. 28.36 utilizing the
  364  process approved by the Chief Financial Officer pursuant to
  365  paragraph (d) for the purpose of making the certification in
  366  paragraph (3)(a). As part of this process, the corporation
  367  shall:
  368         1. Calculate the maximum authorized annual budget pursuant
  369  to the requirements of s. 28.36.
  370         2. Identify those proposed budgets exceeding the maximum
  371  annual budget pursuant to s. 28.36(5) for the standard list of
  372  court-related functions specified in paragraph (4)(a).
  373         3. Identify those proposed budgets containing funding for
  374  items not included on the standard list of court-related
  375  functions specified in paragraph (4)(a).
  376         4. Identify those clerks projected to have court-related
  377  revenues insufficient to fund their anticipated court-related
  378  expenditures.
  379         (f)(g) Developing and conducting clerk education programs.
  380         (g)(h) Publishing a uniform schedule of actual fees,
  381  service charges, and costs charged by a clerk of the court for
  382  court-related functions pursuant to general law.
  383         (3)(a) The Clerks of Court Operations Corporation shall
  384  certify to the President of the Senate, the Speaker of the House
  385  of Representatives, the Chief Financial Officer, and the
  386  Department of Revenue by October 15 of each year, the amount of
  387  the proposed budget certified for each clerk; the revenue
  388  projection supporting each clerk’s budget; each clerk eligible
  389  to retain some or all of the state’s share of fines, fees,
  390  service charges, and costs; the amount to be paid to each clerk
  391  from the Clerks of the Court Trust Fund within the Department of
  392  Revenue; the performance measures and standards approved by the
  393  corporation for each clerk; and the performance of each clerk in
  394  meeting the performance standards.
  395         (b) Prior to December 1 of each year, the Chief Financial
  396  Officer shall review the certifications made by the corporation
  397  for the purpose of determining compliance with the approved
  398  process and report its findings to the President of the Senate,
  399  the Speaker of the House of Representatives and to the
  400  Department of Revenue. To determine compliance with this
  401  process, the Chief Financial Officer may examine the budgets
  402  submitted to the corporation by the clerks.
  403         (3)(4)(a) The list of court-related functions that clerks
  404  may perform are fund from filing fees, service charges, court
  405  costs, and fines shall be limited to those functions expressly
  406  authorized by law or court rule. Those functions must include
  407  the following: case maintenance; records management; court
  408  preparation and attendance; processing the assignment,
  409  reopening, and reassignment of cases; processing of appeals;
  410  collection and distribution of fines, fees, service charges, and
  411  court costs; processing of bond forfeiture payments; payment of
  412  jurors and witnesses; payment of expenses for meals or lodging
  413  provided to jurors; data collection and reporting; processing of
  414  jurors; determinations of indigent status; and reasonable
  415  administrative support costs to enable the clerk of the court to
  416  carry out these court-related functions.
  417         (b) The list of functions that clerks may not fund from
  418  state appropriations filing fees, service charges, court costs,
  419  and fines shall include:
  420         1. Those functions not specified within paragraph (a).
  421         2. Functions assigned by administrative orders which are
  422  not required for the clerk to perform the functions in paragraph
  423  (a).
  424         3. Enhanced levels of service which are not required for
  425  the clerk to perform the functions in paragraph (a).
  426         4. Functions identified as local requirements in law or
  427  local optional programs.
  428         (4)(5) The corporation shall prepare a legislative budget
  429  request for the resources necessary to perform its duties,
  430  submit the request pursuant to chapter 216, and be funded as a
  431  budget entity in the General Appropriations Act pursuant to
  432  contract with the Chief Financial Officer. Funds shall be
  433  provided to the Chief Financial Officer for this purpose as
  434  appropriated by general law. These funds shall be available to
  435  the corporation for the performance of the duties and
  436  responsibilities as set forth in this section. The corporation
  437  may hire staff and pay other expenses from state appropriations
  438  these funds as necessary to perform the official duties and
  439  responsibilities of the corporation as described by law in this
  440  section.
  441         (5)(6)(a) The corporation shall submit an annual audited
  442  financial statement to the Auditor General in a form and manner
  443  prescribed by the Auditor General. The Auditor General shall
  444  conduct an annual audit of the operations of the corporation,
  445  including the use of funds and compliance with the provisions of
  446  this section and ss. 28.36 and 28.37.
  447         (b) Certified public accountants conducting audits of
  448  counties pursuant to s. 218.39 shall report, as part of the
  449  audit, whether or not the clerks of the courts have complied
  450  with the requirements of this section and s. 28.36. In addition,
  451  each clerk of court shall forward a copy of the portion of the
  452  financial audit relating to the court-related duties of the
  453  clerk of court to the Supreme Court budgets certified by the
  454  Florida Clerk of Courts Operations Corporation pursuant to the
  455  budget review process pursuant to contract with the Chief
  456  Financial Officer and with the performance standards developed
  457  and certified pursuant to this section. The Auditor General
  458  shall develop a compliance supplement for the audit of
  459  compliance with the budgets and applicable performance standards
  460  certified by the corporation.
  461         Section 4. Section 28.36, Florida Statutes, is amended to
  462  read:
  463         28.36 Budget procedure.—There is hereby established a
  464  budget procedure for the preparing budget requests for funding
  465  for the court-related functions of the clerks of the court.
  466         (1) Each clerk of court shall prepare a budget request for
  467  the last quarter of the county fiscal year and the first three
  468  quarters of the next county fiscal year. The proposed budget
  469  shall be prepared, summarized, and submitted by the clerk in
  470  each county to the Florida Clerks of Court Operations
  471  Corporation in the manner and form prescribed by the corporation
  472  to meet the requirements of law. Each clerk shall forward a copy
  473  of his or her budget request to the Supreme Court. The budget
  474  requests must be provided to the corporation by October 1 of
  475  each year.
  476         (1) Only those functions on the standard list developed
  477  pursuant to s. 28.35(4)(a) may be funded from fees, service
  478  charges, court costs, and fines retained by the clerks of the
  479  court. No clerk may use fees, service charges, court costs, and
  480  fines in excess of the maximum budget amounts as established in
  481  subsection (5).
  482         (2) For the period July 1, 2004, through September 30,
  483  2004, and for each county fiscal year ending September 30
  484  thereafter, each clerk of the court shall prepare a budget
  485  relating solely to the performance of the standard list of
  486  court-related functions pursuant to s. 28.35(4)(a).
  487         (3) Each proposed budget shall further conform to the
  488  following requirements:
  489         (a) On or before August 15 for each fiscal year thereafter,
  490  the proposed budget shall be prepared, summarized, and submitted
  491  by the clerk in each county to the Clerks of Court Operations
  492  Corporation in the manner and form prescribed by the
  493  corporation. The proposed budget must provide detailed
  494  information on the anticipated revenues available and
  495  expenditures necessary for the performance of the standard list
  496  of court-related functions of the clerk’s office developed
  497  pursuant to s. 28.35(4)(a) for the county fiscal year beginning
  498  the following October 1.
  499         (b) The proposed budget must be balanced, such that the
  500  total of the estimated revenues available must equal or exceed
  501  the total of the anticipated expenditures. These revenues
  502  include the following: cash balances brought forward from the
  503  prior fiscal period; revenue projected to be received from fees,
  504  service charges, court costs, and fines for court-related
  505  functions during the fiscal period covered by the budget; and
  506  supplemental revenue that may be requested pursuant to
  507  subsection (4). The anticipated expenditures must be itemized as
  508  required by the corporation, pursuant to contract with the Chief
  509  Financial Officer.
  510         (c) The proposed budget may include a contingency reserve
  511  not to exceed 10 percent of the total budget, provided that,
  512  overall, the proposed budget does not exceed the limits
  513  prescribed in subsection (5).
  514         (4) If a clerk of the court estimates that available funds
  515  plus projected revenues from fines, fees, service charges, and
  516  costs for court-related services are insufficient to meet the
  517  anticipated expenditures for the standard list of court-related
  518  functions in s. 28.35(4)(a) performed by his or her office, the
  519  clerk must report the revenue deficit to the Clerks of Court
  520  Operations Corporation in the manner and form prescribed by the
  521  corporation pursuant to contract with the Chief Financial
  522  Officer. The corporation shall verify that the proposed budget
  523  is limited to the standard list of court-related functions in s.
  524  28.35(4)(a).
  525         (2)(a)Each clerk shall include in his or her budget
  526  request a projection of the amount of court-related fees,
  527  service charges, and any other court-related clerk fees which
  528  will be collected during the proposed budget period. If the
  529  corporation determines verifies that the proposed budget is
  530  limited to the standard list of court-related functions in s.
  531  28.35(3)(a) s. 28.35(4)(a) and the projected court-related
  532  revenues are less than the proposed budget, the a revenue
  533  deficit is projected, a clerk seeking to retain revenues
  534  pursuant to this subsection shall increase all fees, service
  535  charges, and any other court-related clerk fees and charges to
  536  the maximum amounts specified by law or the amount necessary to
  537  resolve the deficit, whichever is less.
  538         (3) Each clerk shall include in his or her budget request
  539  the number of personnel and the proposed budget for each of the
  540  following core services:
  541         (a) Case processing.
  542         (b) Financial processing.
  543         (c) Jury management.
  544         (d) Information and reporting.
  545  
  546  Central administrative costs shall be allocated among the core
  547  services categories.
  548         (4) The budget request must identify the service units to
  549  be provided within each core service. The service units shall be
  550  developed by the corporation, in consultation with the Supreme
  551  Court, the Chief Financial Officer, and the appropriation
  552  committees of the Senate and the House of Representatives.
  553         (5) The budget request must propose a unit cost for each
  554  service unit. The corporation shall provide a copy of each
  555  clerk’s budget request to the Supreme Court.
  556         (6) The corporation shall review each individual clerk’s
  557  prior-year expenditures, projected revenue, proposed unit costs,
  558  and the proposed budget for each of the core-services
  559  categories. The corporation shall compare each clerk’s prior
  560  year expenditures and unit costs for core services with a peer
  561  group of clerks’ offices having a population of a similar size
  562  and a similar number of case filings. If the corporation finds
  563  that the expenditures, unit costs, or proposed budget of a clerk
  564  are significantly higher than those of clerks in that clerk’s
  565  peer group, the corporation shall require the clerk to submit
  566  documentation justifying the difference in each core-services
  567  category. Justification for higher expenditures may include, but
  568  are not limited to, collective bargaining agreements, county
  569  civil service agreements, and the number and distribution of
  570  courthouses served by the clerk. If the expenditures and unit
  571  costs are not justified, the corporation shall recommend a
  572  reduction in the funding for that core-services category in the
  573  budget request to an amount similar to the peer group of clerks
  574  or to an amount that the corporation determines is justified.
  575         (7) The corporation shall complete its review and
  576  adjustments to the clerks’ budget requests and make its
  577  recommendations to the Legislature and the Supreme Court by
  578  December 1 each year.
  579         (8) The Chief Financial Officer shall review the proposed
  580  unit costs associated with each clerk of court’s budget request
  581  and make recommendations to the Legislature. The Chief Financial
  582  Officer may conduct any audit of the corporation or a clerk of
  583  court as authorized by law. The Chief Justice of the Supreme
  584  Court may request an audit of the corporation or any clerk of
  585  court by the Chief Financial Officer.
  586         (9) The Legislature shall appropriate the total amount for
  587  the budgets of the clerks in the General Appropriations Act. The
  588  Legislature may reject or modify any or all of the unit costs
  589  recommended by the corporation. If the Legislature does not
  590  specify the unit costs in the General Appropriations Act or
  591  other law, the unit costs recommended by the corporation shall
  592  be the official unit costs for that budget period.
  593         (10) For the 2009-2010 fiscal year, the corporation shall
  594  release appropriations in an amount equal to one-twelfth of each
  595  clerk’s approved budget each month. The statewide total
  596  appropriation for the 2009-2010 fiscal year shall be set in the
  597  General Appropriations Act. The corporation shall determine the
  598  amount of each clerk of court budget, but the statewide total of
  599  such amounts may not exceed the amount listed in the General
  600  Appropriations Act. Beginning in the 2010-2011 fiscal year, the
  601  corporation shall release appropriations to each clerk
  602  quarterly. The amount of the release shall be based on the prior
  603  quarter’s performance of service units identified in the four
  604  core services and the established unit costs for each clerk. If,
  605  after increasing fees, service charges, and any other court
  606  related clerk fees and charges to the maximum amounts specified
  607  by law, a revenue deficit is still projected, the corporation
  608  shall, pursuant to the terms of the contract with the Chief
  609  Financial Officer, certify a revenue deficit and notify the
  610  Department of Revenue that the clerk is authorized to retain
  611  revenues, in an amount necessary to fully fund the projected
  612  revenue deficit, which he or she would otherwise be required to
  613  remit to the Department of Revenue for deposit into the
  614  Department of Revenue Clerks of the Court Trust Fund pursuant to
  615  s. 28.37. If a revenue deficit is projected for that clerk after
  616  retaining all of the projected collections from the court
  617  related fines, fees, service charges, and costs, the Department
  618  of Revenue shall certify the amount of the revenue deficit
  619  amount to the Executive Office of the Governor and request
  620  release authority for funds appropriated for this purpose from
  621  the Department of Revenue Clerks of the Court Trust Fund.
  622  Notwithstanding provisions of s. 216.192 related to the release
  623  of funds, the Executive Office of the Governor may approve the
  624  release of funds appropriated to resolve projected revenue
  625  deficits in accordance with the notice, review, and objection
  626  procedures set forth in s. 216.177 and shall provide notice to
  627  the Chief Financial Officer. The Department of Revenue is
  628  directed to request monthly distributions from the Chief
  629  Financial Officer in equal amounts to each clerk certified to
  630  have a revenue deficit, in accordance with the releases approved
  631  by the Governor.
  632         (b) If the Chief Financial Officer finds the court-related
  633  budget proposed by a clerk includes functions not included in
  634  the standard list of court-related functions in s. 28.35(4)(a),
  635  the Chief Financial Officer shall notify the clerk of the amount
  636  of the proposed budget not eligible to be funded from fees,
  637  service charges, costs, and fines for court-related functions
  638  and shall identify appropriate corrective measures to ensure
  639  budget integrity. The clerk shall then immediately discontinue
  640  all ineligible expenditures of court-related funds for this
  641  purpose and reimburse the Clerks of the Court Trust Fund for any
  642  previously ineligible expenditures made for non-court-related
  643  functions, and shall implement any corrective actions identified
  644  by the Chief Financial Officer.
  645         (5)(a) For the county fiscal year October 1, 2004, through
  646  September 30, 2005, the maximum annual budget amount for the
  647  standard list of court-related functions of the clerks of court
  648  in s. 28.35(4)(a) that may be funded from fees, service charges,
  649  court costs, and fines retained by the clerks of the court shall
  650  not exceed:
  651         1. One hundred and three percent of the clerk’s estimated
  652  expenditures for the prior county fiscal year; or
  653         2. One hundred and five percent of the clerk’s estimated
  654  expenditures for the prior county fiscal year for those clerks
  655  in counties that for calendar years 1998-2002 experienced an
  656  average annual increase of at least 5 percent in both population
  657  and case filings for all case types as reported through the
  658  Summary Reporting System used by the state courts system.
  659         (b) For the county fiscal year 2005-2006, the maximum
  660  budget amount for the standard list of court-related functions
  661  of the clerks of court in s. 28.35(4)(a) that may be funded from
  662  fees, service charges, court costs, and fines retained by the
  663  clerks of the court shall be the approved budget for county
  664  fiscal year 2004-2005 adjusted by the projected percentage
  665  change in revenue between the county fiscal years 2004-2005 and
  666  2005-2006.
  667         (c) For the county fiscal years 2006-2007 and thereafter,
  668  the maximum budget amount for the standard list of court-related
  669  functions of the clerks of court in s. 28.35(4)(a) that may be
  670  funded from fees, service charges, court costs, and fines
  671  retained by the clerks of the court shall be established by
  672  first rebasing the prior fiscal year budget to reflect the
  673  actual percentage change in the prior fiscal year revenue and
  674  then adjusting the rebased prior fiscal year budget by the
  675  projected percentage change in revenue for the proposed budget
  676  year. The rebasing calculations and maximum annual budget
  677  calculations shall be as follows:
  678         1. For county fiscal year 2006-2007, the approved budget
  679  for county fiscal year 2004-2005 shall be adjusted for the
  680  actual percentage change in revenue between the two 12-month
  681  periods ending June 30, 2005, and June 30, 2006. This result is
  682  the rebased budget for the county fiscal year 2005-2006. Then
  683  the rebased budget for the county fiscal year 2005-2006 shall be
  684  adjusted by the projected percentage change in revenue between
  685  the county fiscal years 2005-2006 and 2006-2007. This result
  686  shall be the maximum annual budget amount for the standard list
  687  of court-related functions of the clerks of court in s.
  688  28.35(4)(a) that may be funded from fees, service charges, court
  689  costs, and fines retained by the clerks of the court for each
  690  clerk for the county fiscal year 2006-2007.
  691         2. For county fiscal year 2007-2008, the rebased budget for
  692  county fiscal year 2005-2006 shall be adjusted for the actual
  693  percentage change in revenue between the two 12-month periods
  694  ending June 30, 2006, and June 30, 2007. This result is the
  695  rebased budget for the county fiscal year 2006-2007. The rebased
  696  budget for county fiscal year 2006-2007 shall be adjusted by the
  697  projected percentage change in revenue between the county fiscal
  698  years 2006-2007 and 2007-2008. This result shall be the maximum
  699  annual budget amount for the standard list of court-related
  700  functions of the clerks of court in s. 28.35(4)(a) that may be
  701  funded from fees, service charges, court costs, and fines
  702  retained by the clerks of the court for county fiscal year 2007
  703  2008.
  704         3. For county fiscal years 2008-2009 and thereafter, the
  705  maximum budget amount for the standard list of court-related
  706  functions of the clerks of court in s. 28.35(4)(a) that may be
  707  funded from fees, service charges, court costs, and fines
  708  retained by the clerks of the court shall be calculated as the
  709  rebased budget for the prior county fiscal year adjusted by the
  710  projected percentage change in revenues between the prior county
  711  fiscal year and the county fiscal year for which the maximum
  712  budget amount is being authorized. The rebased budget for the
  713  prior county fiscal year shall always be calculated by adjusting
  714  the rebased budget for the year preceding the prior county
  715  fiscal year by the actual percentage change in revenues between
  716  the 12-month period ending June 30 of the year preceding the
  717  prior county fiscal year and the 12-month period ending June 30
  718  of the prior county fiscal year.
  719         (6) The Legislative Budget Commission may approve increases
  720  to the maximum annual budgets approved for individual clerks of
  721  the court pursuant to this section for court-related duties, if
  722  either of the following conditions exist:
  723         (a) The additional funding is necessary to pay the cost of
  724  performing new or additional functions required by changes in
  725  law or court rule. Before the Legislative Budget Commission may
  726  approve an increase in the maximum annual budget of any clerk
  727  under this paragraph, the Clerk of the Court Operations
  728  Corporation must provide the Legislative Budget Commission with
  729  a statement of the impact of the proposed budget changes on
  730  state revenues, and evidence that the respective clerk of the
  731  court is meeting or exceeding the established performance
  732  standards for measures on the fiscal management, operational
  733  efficiency, and effective collection of fines, fees, service
  734  charges, and court costs.
  735         (b) The additional funding is necessary to pay the cost of
  736  supporting increases in the number of judges or magistrates
  737  authorized by the Legislature. Before the Legislative Budget
  738  Commission may approve an increase in the maximum annual budget
  739  of any clerk under this paragraph, the Clerk of the Court
  740  Operations Corporation must provide the Legislative Budget
  741  Commission with a statement of the impact of the proposed budget
  742  changes on state revenues; evidence that the respective clerk of
  743  the court is meeting or exceeding the established performance
  744  standards for measures on the fiscal management, operational
  745  efficiency, and effective collection of fines, fees, service
  746  charges, and court costs; and a proposed staffing model,
  747  including the cost and number of staff necessary to support each
  748  new judge or magistrate.
  749  
  750  The total amount of increases approved by the Legislative Budget
  751  Commission for each county fiscal year shall not exceed an
  752  amount equal to 2 percent of the maximum annual budgets approved
  753  pursuant to this section for all clerks, in the aggregate, for
  754  that same county fiscal year.
  755         (11)(7) The corporation may submit proposed legislation to
  756  the Governor, the President of the Senate, and the Speaker of
  757  the House of Representatives relating to the preparation of
  758  budget requests of the clerks of court no later than November 1
  759  in any year for approval of clerk budget request amounts
  760  exceeding the restrictions in this section for the following
  761  October 1. If proposed legislation is recommended, the
  762  corporation shall also submit supporting justification with
  763  sufficient detail to identify the specific proposed expenditures
  764  that would cause the limitations to be exceeded for each
  765  affected clerk and the estimated fiscal impact on state
  766  revenues.
  767         Section 5. Section 28.37, Florida Statutes, is amended to
  768  read:
  769         28.37 Fines, fees, service charges, and costs remitted to
  770  the state.—
  771         (1) Pursuant to s. 14(b), Art. V of the State Constitution,
  772  selected salaries, costs, and expenses of the state courts
  773  system and court-related functions shall be funded from a
  774  portion of the revenues derived from statutory fines, fees,
  775  service charges, and costs collected by the clerks of the court.
  776         (2) Except as otherwise provided in ss. 28.241 and 34.041,
  777  all court-related fines, fees, service charges, and costs are
  778  considered state funds and shall be remitted by the clerk to the
  779  Department of Revenue for deposit into the Clerks of the Court
  780  Trust Fund within the Justice Administrative Commission.
  781  However, 10 percent of all court-related fines collected by the
  782  clerk shall be deposited into the clerk’s Public Records
  783  Modernization Trust Fund to be used exclusively for additional
  784  clerk court-related operational needs and program enhancements.
  785         (2) Beginning August 1, 2004, except as otherwise provided
  786  in ss. 28.241 and 34.041, one-third of all fines, fees, service
  787  charges, and costs collected by the clerks of the court during
  788  the prior month for the performance of court-related functions
  789  shall be remitted to the Department of Revenue for deposit in
  790  the Department of Revenue Clerks of the Court Trust Fund. These
  791  collections do not include funding received for the operation of
  792  the Title IV-D child support collections and disbursement
  793  program. The clerk of the court shall remit the revenues
  794  collected during the prior month due to the state on or before
  795  the 20th day of each month. The Department of Revenue shall make
  796  a monthly transfer of the funds in the Department of Revenue
  797  Clerks of the Court Trust Fund that are not needed to resolve
  798  clerk of the court revenue deficits, as specified in s. 28.36,
  799  to the General Revenue Fund.
  800         (3) For the period of October 1, 2003, to June 30, 2004,
  801  those clerks operating as fee officers for court-related
  802  services shall determine the amount of fees collected and
  803  expenses generated for court-related services. Any excess fees
  804  generated during this period shall be remitted to the county on
  805  December 31, 2004. However, any billings for payment of due
  806  process services rendered before July 1, 2004, may be paid by
  807  the clerk from these funds. Due process services shall include,
  808  but not be limited to, court reporter services, court
  809  interpreter services, expert witness services, mental health
  810  evaluations, and court-appointed counsel services. In addition,
  811  any deficit experienced by the clerk for court-related services
  812  during the period from October 1, 2003, to June 30, 2004, shall
  813  be funded by the county.
  814         (4) Beginning January 1, 2005, for the period July 1, 2004,
  815  through September 30, 2004, and each January 1 thereafter for
  816  the preceding county fiscal year of October 1 through September
  817  30, the clerk of the court must remit to the Department of
  818  Revenue for deposit in the General Revenue Fund the cumulative
  819  excess of all fees, service charges, court costs, and fines
  820  retained by the clerks of the court, plus any funds received by
  821  the clerks of the court from the Department of Revenue Clerk of
  822  the Court Trust Fund under s. 28.36(4)(a), over the amount
  823  needed to meet the approved budget amounts established under s.
  824  28.36.
  825         (5) The Department of Revenue shall collect any funds that
  826  the corporation determines upon investigation were due on
  827  January 1 but not remitted to the department.
  828         Section 6. Subsection (1) of section 28.43, Florida
  829  Statutes, is amended to read:
  830         28.43 Adoption of rules relating to ss. 28.35, 28.36, and
  831  28.37.—
  832         (1) The Department of Revenue may adopt rules necessary to
  833  carry out its responsibilities in ss. 28.35, 28.36, and 28.37.
  834  The rules shall include forms and procedures for transferring
  835  funds from the clerks of the court to the Clerks of the Court
  836  Trust Fund within the Justice Administrative Commission
  837  Department of Revenue.
  838         Section 7. Paragraph (b) of subsection (1) of section
  839  34.041, Florida Statutes, is amended to read:
  840         34.041 Filing fees.—
  841         (1)
  842         (b) The first $80 of the filing fee collected under
  843  subparagraph (a)4. shall be remitted to the Department of
  844  Revenue for deposit into the General Revenue Fund. The next $15
  845  of the filing fee collected under subparagraph (a)4., and the
  846  first $15 of each filing fee collected under subparagraph (a)6.,
  847  shall be deposited in the state courts’ Mediation and
  848  Arbitration Trust Fund. One-third of any filing fees collected
  849  by the clerk under this section in excess of the first $95
  850  collected under subparagraph (a)4. shall be remitted to the
  851  Department of Revenue for deposit into the Department of Revenue
  852  Clerks of the Court Trust Fund. An additional filing fee of $4
  853  shall be paid to the clerk. The clerk shall transfer $3.50 to
  854  the Department of Revenue for deposit into the Court Education
  855  Trust Fund and shall transfer 50 cents to the Department of
  856  Revenue for deposit into the Clerks of the Court Department of
  857  Financial Services’ Administrative Trust Fund within the Justice
  858  Administrative Commission to fund clerk education. Postal
  859  charges incurred by the clerk of the county court in making
  860  service by mail on defendants or other parties shall be paid by
  861  the party at whose instance service is made. Except as provided
  862  herein, filing fees and service charges for performing duties of
  863  the clerk relating to the county court shall be as provided in
  864  ss. 28.24 and 28.241. Except as otherwise provided herein, all
  865  filing fees shall be remitted to the Department of Revenue for
  866  deposit into the Clerks of the Court Trust Fund within the
  867  Justice Administrative Commission retained as fee income of the
  868  office of the clerk of circuit court. Filing fees imposed by
  869  this section may not be added to any penalty imposed by chapter
  870  316 or chapter 318.
  871         Section 8. Subsection (5) of section 43.16, Florida
  872  Statutes, is amended to read:
  873         43.16 Justice Administrative Commission; membership, powers
  874  and duties.—
  875         (5) The duties of the commission shall include, but not be
  876  limited to, the following:
  877         (a) The maintenance of a central state office for
  878  administrative services and assistance when possible to and on
  879  behalf of the state attorneys and public defenders of Florida,
  880  the capital collateral regional counsel of Florida, the criminal
  881  conflict and civil regional counsel, and the Guardian Ad Litem
  882  Program, and the Florida Clerks of Court Operations Corporation.
  883         (b) Each state attorney, public defender, and criminal
  884  conflict and civil regional counsel, and the Guardian Ad Litem
  885  Program, and the Florida Clerks of Court Operations Corporation
  886  shall continue to prepare necessary budgets, vouchers that
  887  represent valid claims for reimbursement by the state for
  888  authorized expenses, and other things incidental to the proper
  889  administrative operation of the office, such as revenue
  890  transmittals to the Chief Financial Officer and automated
  891  systems plans, but will forward same to the commission for
  892  recording and submission to the proper state officer. However,
  893  when requested by a state attorney, a public defender, a
  894  criminal conflict and civil regional counsel, or the Guardian Ad
  895  Litem Program, the commission will either assist in the
  896  preparation of budget requests, voucher schedules, and other
  897  forms and reports or accomplish the entire project involved.
  898         Section 9. Section 43.27, Florida Statutes, is amended to
  899  read:
  900         43.27 Office hours of clerks of court.—With the advice and
  901  consent of the chief judge of the circuit, the clerks of the
  902  courts of the several counties may establish the hours during
  903  which the office of clerk may be open to the public. The hours
  904  should conform as nearly as possible to the customary weekday
  905  hours of business prevailing in the county. The clerk may
  906  prescribe that the office be open such additional hours as
  907  public needs require. The clerk of court may not close any
  908  office of the clerk of court during customary weekday hours
  909  without the consent of the chief judge of the circuit.
  910         Section 10. Subsection (3) of section 45.035, Florida
  911  Statutes, as amended by section 3 of chapter 2009-21, Laws of
  912  Florida, is amended to read:
  913         45.035 Clerk’s fees.—In addition to other fees or service
  914  charges authorized by law, the clerk shall receive service
  915  charges related to the judicial sales procedure set forth in ss.
  916  45.031-45.034 and this section:
  917         (3) If the sale is conducted by electronic means, as
  918  provided in s. 45.031(10), the clerk shall receive an additional
  919  a service charge not to exceed of $70 as provided in subsection
  920  (1) for services in conducting or contracting for the electronic
  921  sale, which service charge shall be assessed as costs and paid
  922  by the winning bidder shall be advanced by the plaintiff before
  923  the sale. If the clerk requires advance electronic deposits to
  924  secure the right to bid, such deposits shall not be subject to
  925  the fee under s. 28.24(10). The portion of an advance deposit
  926  from a winning bidder required by s. 45.031(3) shall, upon
  927  acceptance of the winning bid, be subject to the fee under s.
  928  28.24(10).
  929         Section 11. Paragraph (y) of subsection (2) of section
  930  110.205, Florida Statutes, is amended to read:
  931         110.205 Career service; exemptions.—
  932         (2) EXEMPT POSITIONS.—The exempt positions that are not
  933  covered by this part include the following:
  934         (y) All officers and employees of the Justice
  935  Administrative Commission, Office of the State Attorney, Office
  936  of the Public Defender, regional offices of capital collateral
  937  counsel, offices of criminal conflict and civil regional
  938  counsel, and Statewide Guardian Ad Litem Office, including the
  939  circuit guardian ad litem programs and the Florida Clerks of
  940  Court Operations Corporation.
  941         Section 12. Section 142.01, Florida Statutes, is amended to
  942  read:
  943         142.01 Fine and forfeiture fund; disposition of revenue;
  944  clerk of the circuit court.—
  945         (1) There shall be established by the clerk of the circuit
  946  court in each county of this state a separate fund to be known
  947  as the fine and forfeiture fund for use by the clerk of the
  948  circuit court in performing court-related functions. The fund
  949  shall consist of the following:
  950         (a)(1) Fines and penalties pursuant to ss. 28.2402(2),
  951  34.045(2), 316.193, 327.35, 327.72, 379.2203(1), and 775.083(1).
  952         (b)(2) That portion of civil penalties directed to this
  953  fund pursuant to s. 318.21.
  954         (c)(3) Court costs pursuant to ss. 28.2402(1)(b),
  955  34.045(1)(b), 318.14(10)(b), 318.18(11)(a), 327.73(9)(a) and
  956  (11)(a), and 938.05(3).
  957         (d)(4) Proceeds from forfeited bail bonds, unclaimed bonds,
  958  unclaimed moneys, or recognizances pursuant to ss. 321.05(4)(a),
  959  379.2203(1), and 903.26(3)(a).
  960         (e)(5) Fines and forfeitures pursuant to s. 34.191.
  961         (f)(6) All other revenues received by the clerk as revenue
  962  authorized by law to be retained by the clerk.
  963         (2) All revenues received by the clerk in the fine and
  964  forfeiture fund from court-related fees, fines, costs, and
  965  service charges are considered state funds and shall be remitted
  966  monthly to the Department of Revenue for deposit into the Clerks
  967  of the Court Trust Fund within the Justice Administrative
  968  Commission.
  969         (3) Notwithstanding the provisions of this section, all
  970  fines and forfeitures arising from operation of the provisions
  971  of s. 318.1215 shall be disbursed in accordance with that
  972  section.
  973         Section 13. Subsection (4) of section 197.542, Florida
  974  Statutes, is amended to read:
  975         197.542 Sale at public auction.—
  976         (4)(a) A clerk may conduct electronic tax deed sales in
  977  lieu of public outcry. The clerk must comply with the procedures
  978  provided in this chapter, except that electronic proxy bidding
  979  shall be allowed and the clerk may require bidders to advance
  980  sufficient funds to pay the deposit required by subsection (2).
  981  The clerk shall provide access to the electronic sale by
  982  computer terminals open to the public at a designated location.
  983  A clerk who conducts such electronic sales may receive
  984  electronic deposits and payments related to the sale. The
  985  portion of an advance deposit from a winning bidder required by
  986  subsection (2) shall, upon acceptance of the winning bid, be
  987  subject to the fee under s. 28.24(10).
  988         (b) Nothing in this subsection shall be construed to
  989  restrict or limit the authority of a charter county from
  990  conducting electronic tax deed sales. In a charter county where
  991  the clerk of the circuit court does not conduct all electronic
  992  sales, the charter county shall be permitted to receive
  993  electronic deposits and payments related to sales it conducts,
  994  as well as to subject the winning bidder to a fee, consistent
  995  with the schedule in s. 28.24(10).
  996         (c) The costs of electronic tax deed sales shall be added
  997  to the charges for the costs of sale under subsection (1) and
  998  paid by the certificateholder when filing an application for a
  999  tax deed.
 1000         Section 14. Section 213.131, Florida Statutes, is amended
 1001  to read:
 1002         213.131 Department of Revenue Clerks of the Court Trust
 1003  Fund within the Justice Administrative Commission.—The
 1004  Department of Revenue Clerks of the Court Trust Fund is created
 1005  within the Justice Administrative Commission Department of
 1006  Revenue. Funds received by the department from the clerks of
 1007  court shall be credited to the trust fund as provided in ch.
 1008  2001-122, Laws of Florida, to be used for the purposes set forth
 1009  in such legislation.
 1010         Section 15. Paragraph (qq) of subsection (1) of section
 1011  216.011, Florida Statutes, is amended to read:
 1012         216.011 Definitions.—
 1013         (1) For the purpose of fiscal affairs of the state,
 1014  appropriations acts, legislative budgets, and approved budgets,
 1015  each of the following terms has the meaning indicated:
 1016         (qq) “State agency” or “agency” means any official,
 1017  officer, commission, board, authority, council, committee, or
 1018  department of the executive branch of state government. For
 1019  purposes of this chapter and chapter 215, “state agency” or
 1020  “agency” includes, but is not limited to, state attorneys,
 1021  public defenders, criminal conflict and civil regional counsel,
 1022  capital collateral regional counsel, the Florida Clerks of Court
 1023  Operations Corporation, the Justice Administrative Commission,
 1024  the Florida Housing Finance Corporation, and the Florida Public
 1025  Service Commission. Solely for the purposes of implementing s.
 1026  19(h), Art. III of the State Constitution, the terms “state
 1027  agency” or “agency” include the judicial branch.
 1028         Section 16. Subsection (13) of section 318.18, Florida
 1029  Statutes, is amended to read:
 1030         318.18 Amount of penalties.—The penalties required for a
 1031  noncriminal disposition pursuant to s. 318.14 or a criminal
 1032  offense listed in s. 318.17 are as follows:
 1033         (13)(a) In addition to any penalties imposed for
 1034  noncriminal traffic infractions pursuant to this chapter or
 1035  imposed for criminal violations listed in s. 318.17, a board of
 1036  county commissioners or any unit of local government that which
 1037  is consolidated as provided by s. 9, Art. VIII of the State
 1038  Constitution of 1885, as preserved by s. 6(e), Art. VIII of the
 1039  Constitution of 1968:
 1040         1.(a) May impose by ordinance a surcharge of up to $30 $15
 1041  for any infraction or violation to fund state court facilities.
 1042  The court shall not waive this surcharge. Up to 25 percent of
 1043  the revenue from such surcharge may be used to support local law
 1044  libraries provided that the county or unit of local government
 1045  provides a level of service equal to that provided prior to July
 1046  1, 2004, which shall include the continuation of library
 1047  facilities located in or near the county courthouse or any annex
 1048  to the courthouse annexes.
 1049         2.(b)May, if such board or unit That imposed increased
 1050  fees or service charges by ordinance under s. 28.2401, s.
 1051  28.241, or s. 34.041 for the purpose of securing payment of the
 1052  principal and interest on bonds issued by the county before July
 1053  1, 2003, to finance state court facilities, may impose by
 1054  ordinance a surcharge for any infraction or violation for the
 1055  exclusive purpose of securing payment of the principal and
 1056  interest on bonds issued by the county before July 1, 2003, to
 1057  fund state court facilities until the date of stated maturity.
 1058  The court shall not waive this surcharge. Such surcharge may not
 1059  exceed an amount per violation calculated as the quotient of the
 1060  maximum annual payment of the principal and interest on the
 1061  bonds as of July 1, 2003, divided by the number of traffic
 1062  citations for county fiscal year 2002-2003 certified as paid by
 1063  the clerk of the court of the county. Such quotient shall be
 1064  rounded up to the next highest dollar amount. The bonds may be
 1065  refunded only if savings will be realized on payments of debt
 1066  service and the refunding bonds are scheduled to mature on the
 1067  same date or before the bonds being refunded. Notwithstanding
 1068  any of the foregoing provisions of this subparagraph paragraph
 1069  that limit the use of surcharge revenues, if the revenues
 1070  generated as a result of the adoption of this ordinance exceed
 1071  the debt service on the bonds, the surplus revenues may be used
 1072  to pay down the debt service on the bonds; fund other state
 1073  court-facility construction projects as may be certified by the
 1074  chief judge as necessary to address unexpected growth in
 1075  caseloads, emergency requirements to accommodate public access,
 1076  threats to the safety of the public, judges, staff, and
 1077  litigants, or other exigent circumstances; or support local law
 1078  libraries in or near the county courthouse or any annex to the
 1079  courthouse annexes.
 1080         3. May impose by ordinance a surcharge for any infraction
 1081  or violation for the exclusive purpose of securing payment of
 1082  the principal and interest on bonds issued by the county on or
 1083  after July 1, 2009, to fund state court facilities until the
 1084  stated date of maturity. The court may not waive this surcharge.
 1085  The surcharge may not exceed an amount per violation calculated
 1086  as the quotient of the maximum annual payment of the principal
 1087  and interest on the bonds, divided by the number of traffic
 1088  citations certified as paid by the clerk of the court of the
 1089  county on August 15 of each year. The quotient shall be rounded
 1090  up to the next highest dollar amount. The bonds may be refunded
 1091  if savings are realized on payments of debt service and the
 1092  refunding bonds are scheduled to mature on or before the
 1093  maturity date of the bonds being refunded. If the revenues
 1094  generated as a result of the adoption of the ordinance exceed
 1095  the debt service on the bonds, the surplus revenues may be used
 1096  to pay the debt service on the bonds; to fund other state court
 1097  facility construction projects certified by the chief judge as
 1098  necessary to address unexpected growth in caseloads, emergency
 1099  requirements to accommodate public access, threats to the safety
 1100  of the public, judges, staff, and litigants, or other exigent
 1101  circumstances; or to support local law libraries in or near the
 1102  county courthouse or any annex to the courthouse.
 1103         (b) A county may not impose both of the surcharges
 1104  authorized under subparagraphs (a)1., 2., and 3. paragraphs (a)
 1105  and (b) concurrently. The clerk of court shall report, no later
 1106  than 30 days after the end of the quarter, the amount of funds
 1107  collected under this subsection during each quarter of the
 1108  fiscal year. The clerk shall submit the report, in a format
 1109  developed by the Office of State Courts Administrator, to the
 1110  chief judge of the circuit, the Governor, the President of the
 1111  Senate, and the Speaker of the House of Representatives, and the
 1112  board of county commissioners.
 1113         Section 17. Each clerk of court shall provide financial
 1114  data concerning his or her expenditures for court-related
 1115  duties, including expenditures for court-related information
 1116  technology, to the Executive Office of the Governor for the
 1117  purposes contained in SB 1796 or similar legislation.
 1118         Section 18. (1) By January 15, 2010, the Office of Program
 1119  Policy Analysis and Government Accountability, in consultation
 1120  with the Chief Financial Officer and the Auditor General, shall
 1121  provide a report to the President of the Senate and the Speaker
 1122  of the House of Representatives regarding the operation and
 1123  functions of the clerks of court and the courts. The Office of
 1124  Program Policy Analysis and Government Accountability shall
 1125  examine who is performing each court-related function, how each
 1126  function is funded, and how efficiently these functions are
 1127  performed. The clerks of court, the Florida Clerks of Court
 1128  Operations Corporation, and the state courts system are directed
 1129  to cooperate fully with the office and, upon request, provide
 1130  any and all information necessary to the review without cost or
 1131  delay. The report shall describe in detail the base budget for
 1132  each of the clerks and for the state courts system and report on
 1133  the overall efficiency of the current process. Administrative
 1134  overhead shall be calculated separately, and any apparent means
 1135  to reduce such overhead shall be explored and included in the
 1136  report. The study shall list each court-related function, a
 1137  recommendation on who should perform the function, and a
 1138  recommendation for how to pay for such function.
 1139         (2) The Technology Review Workgroup shall develop a
 1140  proposed plan for identifying and recommending options for
 1141  implementing the integrated computer system established in s.
 1142  29.008(1)(f)2., Florida Statutes. The plan shall describe the
 1143  approaches and processes for evaluating the existing computer
 1144  systems and data-sharing networks of the state courts system and
 1145  the clerks of the court; identifying the required business and
 1146  technical requirements; reliably estimating the cost, work, and
 1147  change requirements; and examining the use of the funds
 1148  collected under s. 28.24(12)(e), Florida Statutes. The plan may
 1149  also address any necessary policy, operational, fiscal, or
 1150  technical changes, including, but not limited to, potential
 1151  changes to the distribution and use of funds collected under s.
 1152  28.24(12)(e), Florida Statutes, that may be needed in order to
 1153  manage, implement, and operate an integrated computer system.
 1154  The plan shall be submitted to the President of the Senate and
 1155  the Speaker of the House of Representatives no later than
 1156  February 1, 2010. The clerks of court, the Florida Clerks of
 1157  Court Operations Corporation, and the state courts system are
 1158  directed to cooperate fully with the workgroup and provide any
 1159  and all information necessary for the completion of the project
 1160  without cost or delay upon request. The workgroup shall work in
 1161  conjunction with the Auditor General and consider the results of
 1162  the plans, studies, and reports of the Office of Program Policy
 1163  Analysis and Government Accountability under subsection (1).
 1164  Until July 1, 2011, a clerk may not purchase any new software
 1165  unless a clerk is already obligated by a contract for new
 1166  software entered into before May 1, 2009. A clerk may purchase
 1167  regular and necessary upgrades to existing software if otherwise
 1168  budgeted. Until July 1, 2011, a clerk may not purchase any
 1169  computer hardware unless a clerk is already obligated by a
 1170  contract for new hardware entered into before May 1, 2009.
 1171  However, a clerk may purchase hardware necessary to replace
 1172  broken equipment or necessary to equip new staff and only if
 1173  otherwise budgeted. A clerk may apply to the Florida Clerks of
 1174  Court Operations Corporation for a limited and specific
 1175  exception to these purchasing limits. The corporation shall
 1176  report all such exceptions to the President of the Senate and
 1177  the Speaker of the House of Representatives.
 1178         Section 19. The Clerks of the Court Trust Fund within the
 1179  Department of Revenue, FLAIR number 73-2-588, is transferred
 1180  along with all balances and obligations to the Justice
 1181  Administrative Commission.
 1182         Section 20. The Legislature finds and declares that this
 1183  act fulfills an important state interest.
 1184         Section 21. Sections 25.311, 25.321, 25.331, 25.361, and
 1185  25.381, Florida Statutes, are repealed.
 1186         Section 22. This act shall take effect upon becoming a law.