CS/HB 5401

1	A bill to be entitled
2	An act relating to clerks of the court; transferring the
3	Clerks of the Court Trust Fund to the Department of
4	Revenue; amending s. 11.90, F.S.; providing additional
5	powers and duties of the Legislative Budget Commission;
6	amending s. 28.241, F.S.; revising distributions of filing
7	fees for trial and appellate proceedings; amending s.
8	28.246, F.S.; conforming provisions relating to transfer
9	of the Clerks of the Court Trust Fund; amending s. 28.35,
10	F.S.; deleting provisions providing for housing the
11	Florida Clerks of Court Operations Corporation within the
12	Justice Administrative Commission, specifying the
13	corporation as a budget entity of the commission, and
14	specifying corporation employees as commission employees;
15	revising membership of the corporation's executive
16	council; specifying that the corporation is subject to
17	certain procurement requirements; revising and expanding
18	the duties and responsibilities of the corporation
19	relating to budget requests; providing definitions;
20	requiring the corporation to submit certain budgets and
21	information to the Legislative Budget Commission;
22	providing duties and responsibilities of the commission;
23	deleting a requirement that clerks of court submit certain
24	financial audit information to the Supreme Court; amending
25	s. 28.36, F.S.; revising required budget procedures for
26	budget requests for funding court-related functions of the
27	clerks of court; providing duties of the corporation;
28	creating s. 28.365, F.S.; subjecting clerks of the courts
29	to certain procurement requirements and limitations;
30	amending s. 28.37, F.S.; revising requirements for
31	distribution of fines, fees, service charges, and court
32	costs collected by clerks of the court; amending s. 28.43,
33	F.S.; conforming provisions relating to transfer of the
34	Clerks of the Court Trust Fund; amending s. 34.041, F.S.;
35	revising requirements for distribution of certain filing
36	fees collected by clerks of the court; requiring certain
37	filing fees to be retained as fee income of the office of
38	the clerk of the circuit court; amending s. 43.16, F.S.;
39	deleting provisions including the Florida Clerks of Court
40	Operations Corporation under provisions relating to the
41	Justice Administrative Commission; amending s. 110.205,
42	F.S.; deleting the Florida Clerks of Court Operations
43	Corporation from certain career service exempt positions
44	provisions; amending s. 142.01, F.S.; conforming
45	provisions relating to transfer of the Clerks of the Court
46	Trust Fund; amending s. 213.131, F.S.; specifying creation
47	of the Clerks of the Court Trust Fund within the
48	Department of Revenue; providing for credit of certain
49	funds to the trust fund; amending s. 216.011, F.S.;
50	deleting a reference to the Florida Clerks of Court
51	Operations Corporation as a state agency; providing for
52	approved budgets of the clerks of the circuit court;
53	providing an effective date.
54
55	Be It Enacted by the Legislature of the State of Florida:
56
57	Section 1.  The Clerks of the Court Trust Fund within the
58	Justice Administrative Commission, FLAIR number 21-2-588, is
59	transferred together with all balances in the fund to the
60	Department of Revenue.
61	Section 2.  Subsection (6) of section 11.90, Florida
62	Statutes, is amended to read:
63	11.90  Legislative Budget Commission.-
64	(6)  The commission shall have the power and duty to:
65	(a)  Review and approve or disapprove budget amendments
66	recommended by the Governor or the Chief Justice of the Supreme
67	Court as provided in chapter 216.
68	(b)  Develop the long-range financial outlook described in
69	s. 19, Art. III of the State Constitution.
70	(c)  Review and approve, disapprove, or amend the budget of
71	the Florida Clerks of Court Operations Corporation.
72	(d)  Review, approve, disapprove, or amend the total
73	combined budgets of the clerks of court or the budget of any
74	individual clerk of court.
75	(e)  In addition to the powers and duties specified in this
76	subsection, the commission shall Exercise all other powers and
77	perform any other duties prescribed by the Legislature.
78	Section 3.  Subsection (1) of section 28.241, Florida
79	Statutes, is amended to read:
80	28.241  Filing fees for trial and appellate proceedings.-
81	(1)(a)1.a.  Except as provided in sub-subparagraph b. and
82	subparagraph 2., the party instituting any civil action, suit,
83	or proceeding in the circuit court shall pay to the clerk of
84	that court a filing fee of up to $395 in all cases in which
85	there are not more than five defendants and an additional filing
86	fee of up to $2.50 for each defendant in excess of five. Of the
87	first $265 in filing fees, $80 must be remitted by the clerk to
88	the Department of Revenue for deposit into the General Revenue
89	Fund, $180 must be remitted to the Department of Revenue for
90	deposit into the State Courts Revenue Trust Fund, $5.00 $3.50
91	must be remitted to the Department of Revenue for deposit into
92	the Administrative Clerks of the Court Trust Fund within the
93	Department of Financial Services Justice Administrative
94	Commission and used to fund the contract with the Florida Clerks
95	of Court Operations Corporation created in s. 28.35, and $1.50
96	shall be remitted to the Department of Revenue for deposit into
97	the Administrative Trust Fund within the Department of Financial
98	Services to fund clerk budget reviews conducted by the
99	Department of Financial Services. The next $15 of the filing fee
100	collected shall be deposited in the state courts' Mediation and
101	Arbitration Trust Fund. One third of any filing fees collected
102	by the clerk of the circuit court in excess of $100 shall be
103	remitted to the Department of Revenue for deposit into the
104	department's Clerks of the Court Trust Fund within the Justice
105	Administrative Commission.
106	b.  The party instituting any civil action, suit, or
107	proceeding in the circuit court under chapter 39, chapter 61,
108	chapter 741, chapter 742, chapter 747, chapter 752, or chapter
109	753 shall pay to the clerk of that court a filing fee of up to
110	$295 in all cases in which there are not more than five
111	defendants and an additional filing fee of up to $2.50 for each
112	defendant in excess of five. Of the first $165 in filing fees,
113	$80 must be remitted by the clerk to the Department of Revenue
114	for deposit into the General Revenue Fund, $80 must be remitted
115	to the Department of Revenue for deposit into the State Courts
116	Revenue Trust Fund, $5.00 $3.50 must be remitted to the
117	Department of Revenue for deposit into the Administrative Clerks
118	of the Court Trust Fund within the Department of Financial
119	Services Justice Administrative Commission and used to fund the
120	contract with the Florida Clerks of Court Operations Corporation
121	created in s. 28.35, and $1.50 shall be remitted to the
122	Department of Revenue for deposit into the Administrative Trust
123	Fund within the Department of Financial Services to fund clerk
124	budget reviews conducted by the Department of Financial
125	Services. The next $15 of the filing fee collected shall be
126	deposited in the state courts' Mediation and Arbitration Trust
127	Fund.
128	c.  An additional filing fee of $4 shall be paid to the
129	clerk. The clerk shall remit $3.50 to the Department of Revenue
130	for deposit into the Court Education Trust Fund and shall remit
131	50 cents to the Department of Revenue for deposit into the
132	department's Clerks of the Court Trust Fund within the Justice
133	Administrative Commission to fund clerk education. An additional
134	filing fee of up to $18 shall be paid by the party seeking each
135	severance that is granted. The clerk may impose an additional
136	filing fee of up to $85 for all proceedings of garnishment,
137	attachment, replevin, and distress. Postal charges incurred by
138	the clerk of the circuit court in making service by certified or
139	registered mail on defendants or other parties shall be paid by
140	the party at whose instance service is made. No additional fees,
141	charges, or costs shall be added to the filing fees imposed
142	under this section, except as authorized in this section or by
143	general law.
144	2.a.  Notwithstanding the fees prescribed in subparagraph
145	1., a party instituting a civil action in circuit court relating
146	to real property or mortgage foreclosure shall pay a graduated
147	filing fee based on the value of the claim.
148	b.  A party shall estimate in writing the amount in
149	controversy of the claim upon filing the action. For purposes of
150	this subparagraph, the value of a mortgage foreclosure action is
151	based upon the principal due on the note secured by the
152	mortgage, plus interest owed on the note and any moneys advanced
153	by the lender for property taxes, insurance, and other advances
154	secured by the mortgage, at the time of filing the foreclosure.
155	The value shall also include the value of any tax certificates
156	related to the property. In stating the value of a mortgage
157	foreclosure claim, a party shall declare in writing the total
158	value of the claim, as well as the individual elements of the
159	value as prescribed in this sub-subparagraph.
160	c.  In its order providing for the final disposition of the
161	matter, the court shall identify the actual value of the claim.
162	The clerk shall adjust the filing fee if there is a difference
163	between the estimated amount in controversy and the actual value
164	of the claim and collect any additional filing fee owed or
165	provide a refund of excess filing fee paid.
166	d.  The party shall pay a filing fee of:
167	(I)  Three hundred and ninety-five dollars in all cases in
168	which the value of the claim is $50,000 or less and in which
169	there are not more than five defendants. The party shall pay an
170	additional filing fee of up to $2.50 for each defendant in
171	excess of five. Of the first $265 in filing fees, $80 must be
172	remitted by the clerk to the Department of Revenue for deposit
173	into the General Revenue Fund, $180 must be remitted to the
174	Department of Revenue for deposit into the State Courts Revenue
175	Trust Fund, $5.00 $3.50 must be remitted to the Department of
176	Revenue for deposit into the Administrative Clerks of the Court
177	Trust Fund within the Department of Financial Services Justice
178	Administrative Commission and used to fund the contract with the
179	Florida Clerks of Court Operations Corporation created in s.
180	28.35, and $1.50 shall be remitted to the Department of Revenue
181	for deposit into the Administrative Trust Fund within the
182	Department of Financial Services to fund clerk budget reviews
183	conducted by the Department of Financial Services. The next $15
184	of the filing fee collected shall be deposited in the state
185	courts' Mediation and Arbitration Trust Fund;
186	(II)  Nine hundred dollars in all cases in which the value
187	of the claim is more than $50,000 but less than $250,000 and in
188	which there are not more than five defendants. The party shall
189	pay an additional filing fee of up to $2.50 for each defendant
190	in excess of five. Of the first $770 in filing fees, $80 must be
191	remitted by the clerk to the Department of Revenue for deposit
192	into the General Revenue Fund, $685 must be remitted to the
193	Department of Revenue for deposit into the State Courts Revenue
194	Trust Fund, $5.00 $3.50 must be remitted to the Department of
195	Revenue for deposit into the Administrative Clerks of the Court
196	Trust Fund within the Department of Financial Services Justice
197	Administrative Commission and used to fund the contract
198	Florida Clerks of Court Operations Corporation described in s.
199	28.35, and $1.50 shall be remitted to the Department of Revenue
200	for deposit into the Administrative Trust Fund within the
201	Department of Financial Services to fund clerk budget reviews
202	conducted by the Department of Financial Services. The next $15
203	of the filing fee collected shall be deposited in the state
204	courts' Mediation and Arbitration Trust Fund; or
205	(III)  One thousand nine hundred dollars in all cases in
206	which the value of the claim is $250,000 or more and in which
207	there are not more than five defendants. The party shall pay an
208	additional filing fee of up to $2.50 for each defendant in
209	excess of five. Of the first $1,770 in filing fees, $80 must be
210	remitted by the clerk to the Department of Revenue for deposit
211	into the General Revenue Fund, $1,685 must be remitted to the
212	Department of Revenue for deposit into the State Courts Revenue
213	Trust Fund, $5.00 $3.50 must be remitted to the Department of
214	Revenue for deposit into the Administrative Clerks of the Court
215	Trust Fund within the Department of Financial Services Justice
216	Administrative Commission to fund the contract with the Florida
217	Clerks of Court Operations Corporation created in s. 28.35, and
218	$1.50 shall be remitted to the Department of Revenue for deposit
219	into the Administrative Trust Fund within the Department of
220	Financial Services to fund clerk budget reviews conducted by the
221	Department of Financial Services. The next $15 of the filing fee
222	collected shall be deposited in the state courts' Mediation and
223	Arbitration Trust Fund.
224	e.  An additional filing fee of $4 shall be paid to the
225	clerk. The clerk shall remit $3.50 to the Department of Revenue
226	for deposit into the Court Education Trust Fund and shall remit
227	50 cents to the Department of Revenue for deposit into the
228	department's Clerks of the Court Trust Fund within the Justice
229	Administrative Commission to fund clerk education. An additional
230	filing fee of up to $18 shall be paid by the party seeking each
231	severance that is granted. The clerk may impose an additional
232	filing fee of up to $85 for all proceedings of garnishment,
233	attachment, replevin, and distress. Postal charges incurred by
234	the clerk of the circuit court in making service by certified or
235	registered mail on defendants or other parties shall be paid by
236	the party at whose instance service is made. No additional fees,
237	charges, or costs shall be added to the filing fees imposed
238	under this section, except as authorized in this section or by
239	general law.
240	(b)  A party reopening any civil action, suit, or
241	proceeding in the circuit court shall pay to the clerk of court
242	a filing fee set by the clerk in an amount not to exceed $50.
243	For purposes of this section, a case is reopened when a case
244	previously reported as disposed of is resubmitted to a court and
245	includes petitions for modification of a final judgment of
246	dissolution. A party is exempt from paying the fee for any of
247	the following:
248	1.  A writ of garnishment;
249	2.  A writ of replevin;
250	3.  A distress writ;
251	4.  A writ of attachment;
252	5.  A motion for rehearing filed within 10 days;
253	6.  A motion for attorney's fees filed within 30 days after
254	entry of a judgment or final order;
255	7.  A motion for dismissal filed after a mediation
256	agreement has been filed;
257	8.  A disposition of personal property without
258	administration;
259	9.  Any probate case prior to the discharge of a personal
260	representative;
261	10.  Any guardianship pleading prior to discharge;
262	11.  Any mental health pleading;
263	12.  Motions to withdraw by attorneys;
264	13.  Motions exclusively for the enforcement of child
265	support orders;
266	14.  A petition for credit of child support;
267	15.  A Notice of Intent to Relocate and any order issuing
268	as a result of an uncontested relocation;
269	16.  Stipulations;
270	17.  Responsive pleadings; or
271	18.  Cases in which there is no initial filing fee.
272	(c)1.  A party in addition to a party described in sub-
273	subparagraph (a)1.a. who files a pleading in an original civil
274	action in circuit court for affirmative relief by cross-claim,
275	counterclaim, counterpetition, or third-party complaint shall
276	pay the clerk of court a fee of $395. A party in addition to a
277	party described in sub-subparagraph (a)1.b. who files a pleading
278	in an original civil action in circuit court for affirmative
279	relief by cross-claim, counterclaim, counterpetition, or third-
280	party complaint shall pay the clerk of court a fee of $295. The
281	clerk shall remit the fee to the Department of Revenue for
282	deposit into the General Revenue Fund.
283	2.  A party in addition to a party described in
284	subparagraph (a)2. who files a pleading in an original civil
285	action in circuit court for affirmative relief by cross-claim,
286	counterclaim, counterpetition, or third-party complaint shall
287	pay the clerk of court a graduated fee of:
288	a.  Three hundred and ninety-five dollars in all cases in
289	which the value of the pleading is $50,000 or less;
290	b.  Nine hundred dollars in all cases in which the value of
291	the pleading is more than $50,000 but less than $250,000; or
292	c.  One thousand nine hundred dollars in all cases in which
293	the value of the pleading is $250,000 or more.
294
295	The clerk shall remit the fees collected under this subparagraph
296	to the Department of Revenue for deposit into the General
297	Revenue Fund, except that the clerk shall remit $100 of the fee
298	collected under sub-subparagraph a., $605 of the fee collected
299	under sub-subparagraph b., and $1,605 of the fee collected under
300	sub-subparagraph c. to the Department of Revenue for deposit
301	into the State Courts Revenue Trust Fund.
302	(d)  The clerk of court shall collect a service charge of
303	$10 for issuing a summons. The clerk shall assess the fee
304	against the party seeking to have the summons issued.
305	Section 4.  Paragraph (b) of subsection (5) of section
306	28.246, Florida Statutes, is amended to read:
307	28.246  Payment of court-related fees, charges, and costs;
308	partial payments; distribution of funds.-
309	(5)  When receiving partial payment of fees, service
310	charges, court costs, and fines, clerks shall distribute funds
311	according to the following order of priority:
312	(b)  That portion of fees, service charges, court costs,
313	and fines which are required to be retained by the clerk of the
314	court or deposited into the Clerks of the Court Trust Fund
315	within the Department of Revenue Justice Administrative
316	Commission.
317
318	To offset processing costs, clerks may impose either a per-month
319	service charge pursuant to s. 28.24(26)(b) or a one-time
320	administrative processing service charge at the inception of the
321	payment plan pursuant to s. 28.24(26)(c).
322	Section 5.  Section 28.35, Florida Statutes, is amended to
323	read:
324	28.35  Florida Clerks of Court Operations Corporation.-
325	(1)(a)  The Florida Clerks of Court Operations Corporation
326	is created as a public corporation organized to perform the
327	functions specified in this section and s. 28.36 and shall be
328	administratively housed within the Justice Administrative
329	Commission. The corporation shall be a budget entity within the
330	Justice Administrative Commission, and its employees shall be
331	considered state employees. The corporation is not subject to
332	control, supervision, or direction by the Justice Administrative
333	Commission in the performance of its duties, but the employees
334	of the corporation shall be governed by the classification plan
335	and salary and benefits plan of the Justice Administrative
336	Commission. The classification plan must have a separate chapter
337	for the corporation. All clerks of the circuit court shall be
338	members of the corporation and hold their position and authority
339	in an ex officio capacity. The functions assigned to the
340	corporation shall be performed by an executive council pursuant
341	to the plan of operation approved by the members.
342	(b)  The executive council shall be composed of eight
343	clerks of the court elected by the clerks of the courts for a
344	term of 2 years, with two clerks from counties with a population
345	of fewer than 100,000, two clerks from counties with a
346	population of at least 100,000 but fewer than 500,000, two
347	clerks from counties with a population of at least 500,000 but
348	fewer than 1 million, and two clerks from counties with a
349	population of more than 1 million. The executive council shall
350	also include, as ex officio members, a designee of the President
351	of the Senate and a designee of the Speaker of the House of
352	Representatives. The Chief Justice of the Supreme Court shall
353	designate one additional member to represent the state courts
354	system.
355	(c)  The corporation shall be considered a political
356	subdivision of the state and shall be exempt from the corporate
357	income tax. The corporation is not subject to the procurement
358	provisions of chapter 287 120.
359	(d)  The functions assigned to the corporation under this
360	section and ss. 28.36 and 28.37 are considered to be for a valid
361	public purpose.
362	(2)  The duties of the corporation shall include the
363	following:
364	(a)  Adopting a plan of operation.
365	(b)  Conducting the election of directors as required in
366	paragraph (1)(a).
367	(c)  Recommending to the Legislature changes in the various
368	court-related fines, fees, service charges, and court costs
369	established by law to ensure reasonable and adequate funding of
370	the clerks of the court in the performance of their court-
371	related functions.
372	(d)  Developing and certifying a uniform system of
373	performance measures and applicable workload performance
374	standards for the functions specified in paragraph (3)(a) and
375	the service unit costs required in s. 28.36 and measures for
376	clerk workload performance in meeting the workload performance
377	standards. These workload performance measures and workload
378	performance standards shall be designed to facilitate an
379	objective determination of the performance of each clerk in
380	accordance with minimum standards for fiscal management,
381	operational efficiency, and effective collection of fines, fees,
382	service charges, and court costs. The corporation shall develop
383	the workload performance measures and workload performance
384	standards in consultation with the Legislature and the Supreme
385	Court. The Legislature may modify the clerk performance measures
386	and performance standards in legislation implementing the
387	General Appropriations Act or other law. When the corporation
388	finds a clerk has not met the workload performance standards,
389	the corporation shall identify the nature of each deficiency and
390	any corrective action recommended and taken by the affected
391	clerk of the court. The corporation shall notify the Legislature
392	and the Supreme Court of any clerk not meeting performance
393	standards and provide a copy of any corrective action plans. For
394	the purposes of this section, the term:
395	1.  "Workload performance measures" means the measurement
396	of the activities and frequency of the work required for the
397	clerk to adequately perform the court-related duties of the
398	office.
399	2.  "Workload performance standards" means the standards
400	developed to measure the timeliness and effectiveness of the
401	activities that are accomplished by the clerk in the performance
402	of the court-related duties of the office.
403	(e)  Pursuant to contract with the Chief Financial Officer,
404	establishing a process for the review of proposed court-related
405	budgets submitted by clerks of the court for completeness and
406	compliance with this section and ss. 28.36 and 28.37. Such
407	process shall be designed and be of sufficient detail to permit
408	independent verification and validation of such budgets. The
409	contract shall specify the process to be used in determining
410	compliance by the corporation with this section and ss. 28.36
411	and 28.37 and shall require the corporation to determine the
412	minimum amount of revenue necessary for each clerk of court to
413	efficiently perform the list of court-related functions
414	specified in paragraph (3)(a) in its budget review and approval
415	process.
416	(f)(e)  Reviewing and certifying proposed budgets submitted
417	by clerks of the court using the process approved by the Chief
418	Financial Officer pursuant to paragraph (e) for the purpose of
419	making the certification in paragraph (3)(a). As part of this
420	process, the corporation shall: pursuant to s. 28.36.
421	1.  Calculate the minimum amount of revenue necessary for
422	each to efficiently perform the list of court-related functions
423	specified in paragraph (3)(a).
424	2.  Prepare a cost comparison of similarly situated clerks
425	of court, based on county population and numbers of filings,
426	using the standard list of court-related functions specified in
427	paragraph (3)(a).
428	3.  Conduct an annual base budget review and an annual
429	budget exercise examining the total budget of each clerk of
430	court. The review shall examine revenues from all sources,
431	expenses of court-related functions, and expenses of non-court-
432	related functions as necessary to determine that court-related
433	revenues are not being used for non-court-related purposes.
434	Funds paid by a clerk to join or be a member of any group or
435	organization shall be separately listed and the benefits
436	received from any such group or organization described in
437	detail. The review and exercise shall identify potential
438	targeted budget reductions in the percentage amount provided in
439	Schedule VIII-B of the state's prior year's legislative budget
440	instructions, as referenced in s. 216.023(3), or an equivalent
441	schedule or instruction as may be adopted by the Legislature.
442	4.  Identify those proposed budgets containing funding for
443	items not included on the standard list of court-related
444	functions specified in paragraph (3)(a).
445	5.  Identify those clerks projected to have court-related
446	revenues insufficient to fund their anticipated court-related
447	expenditures.
448	(g)(f)  Developing and conducting clerk education programs.
449	(h)(g)  Publishing a uniform schedule of actual fees,
450	service charges, and costs charged by a clerk of the court
451	pursuant to general law.
452	(i)  By August 1 of each year, submitting to the
453	Legislative Budget Commission, as provided in s. 11.90, its
454	proposed budget and the information described in paragraph (f),
455	as well as the approved budgets for each clerk of court and the
456	corporation. By September 15 of each year, the Legislative
457	Budget Commission shall consider the submitted budgets and shall
458	approve, disapprove or amend the corporation's budget and shall
459	approve, disapprove, or amend and approve the total of the
460	clerks' combined budgets or any individual clerk's budget. If
461	the Legislative Budget Commission fails to approve or amend the
462	clerks' combined budgets by September 15, the clerk shall
463	continue to perform the court-related functions based upon the
464	clerk's approved budget for the preceding county fiscal year.
465	If the Legislative Budget Commission fails to approve or amend
466	the corporation's budget by September 15, the clerk shall
467	continue to operate based upon the corporation's approved budget
468	for the preceding county fiscal year.
469	(3)(a)  The list of court-related functions that clerks may
470	fund from filing fees, service charges, court costs, and fines
471	is perform are limited to those functions expressly authorized
472	by law or court rule. Those functions include the following:
473	case maintenance; records management; court preparation and
474	attendance; processing the assignment, reopening, and
475	reassignment of cases; processing of appeals; collection and
476	distribution of fines, fees, service charges, and court costs;
477	processing of bond forfeiture payments; payment of jurors and
478	witnesses; payment of expenses for meals or lodging provided to
479	jurors; data collection and reporting; processing of jurors;
480	determinations of indigent status; and reasonable administrative
481	support costs to enable the clerk of the court to carry out
482	these court-related functions.
483	(b)  The list of functions that clerks may not fund from
484	filing fees, service charges, court costs, and fines includes
485	state appropriations include:
486	1.  Those functions not specified within paragraph (a).
487	2.  Functions assigned by administrative orders which are
488	not required for the clerk to perform the functions in paragraph
489	(a).
490	3.  Enhanced levels of service which are not required for
491	the clerk to perform the functions in paragraph (a).
492	4.  Functions identified as local requirements in law or
493	local optional programs.
494	(4)  The corporation shall prepare a legislative budget
495	request for the resources necessary to perform its duties,
496	submit the request pursuant to chapter 216, and be funded
497	pursuant to a contract with the Chief Financial Officer. Funds
498	shall be provided to the Chief Financial Officer for such
499	purpose as appropriated by general law. Such funds shall be
500	available to the corporation for the performance of the duties
501	and responsibilities as set forth in this section as a budget
502	entity in the General Appropriations Act. The corporation may
503	hire staff and pay other expenses from such funds state
504	appropriations as necessary to perform the official duties and
505	responsibilities of the corporation as described in this section
506	by law.
507	(5)(a)  The corporation shall submit an annual audited
508	financial statement to the Auditor General in a form and manner
509	prescribed by the Auditor General. The Auditor General shall
510	conduct an annual audit of the operations of the corporation,
511	including the use of funds and compliance with the provisions of
512	this section and ss. 28.36 and 28.37.
513	(b)  Certified public accountants conducting audits of
514	counties pursuant to s. 218.39 shall report, as part of the
515	audit, whether or not the clerks of the courts have complied
516	with the requirements of this section and s. 28.36. In addition,
517	each clerk of court shall forward a copy of the portion of the
518	financial audit relating to the court-related duties of the
519	clerk of court to the Supreme Court. The Auditor General shall
520	develop a compliance supplement for the audit of compliance with
521	the budgets and applicable workload performance standards
522	certified by the corporation.
523	Section 6.  Section 28.36, Florida Statutes, is amended to
524	read:
525	28.36  Budget procedure.-There is established a budget
526	procedure for preparing budget requests for funding for the
527	court-related functions of the clerks of the court.
528	(1)  Only those functions on the standard list developed
529	pursuant to s. 28.35(3)(a) may be funded from fees, service
530	charges, court costs, and fines retained by the clerks of the
531	court. For the county fiscal year beginning October 1, 2010, and
532	for each county fiscal year thereafter, each clerk of court
533	shall prepare a budget request for court-related expenditures
534	that the last quarter of the county fiscal year and the first
535	three quarters of the next county fiscal year. The proposed
536	budget shall be prepared, summarized, and submitted by the clerk
537	in each county to the Florida Clerks of Court Operations
538	Corporation in the manner and form prescribed by the corporation
539	to meet the requirements of law. Each clerk shall forward a copy
540	of his or her budget request to the Supreme Court. The budget
541	requests must be provided to the corporation by June October 1
542	of the each year prior to the year of the budget.
543	(2)  Each proposed budget shall also conform to the
544	requirements of this subsection. On or before June 1 for each
545	fiscal year thereafter, the clerk of the court in each county
546	shall prepare, summarize, and submit a proposed budget to the
547	Florida Clerks of Court Operations Corporation in the manner and
548	form prescribed by the corporation. However, at a minimum, the
549	proposed budgets shall include for each clerk the information
550	required by s. 28.35(2)(f) and shall specify any salary
551	increases or any bonuses anticipated to be made to employees of
552	the office performing court-related duties. The proposed budget
553	must provide detailed information on the anticipated revenues
554	available and expenditures necessary for the performance of the
555	standard list of court-related functions of the clerk's office
556	developed pursuant to s. 28.35(3)(a) for the county fiscal year
557	beginning the following October 1. The Florida Clerks of Court
558	Operations Corporation shall also prepare its proposed budget by
559	July 1 of each year clerk shall include in his or her budget
560	request a projection of the amount of court-related fees,
561	service charges, and any other court-related clerk fees which
562	will be collected during the proposed budget period. If the
563	corporation determines that the proposed budget is limited to
564	the standard list of court-related functions in s. 28.35(3)(a)
565	and the projected court-related revenues are less than the
566	proposed budget, the clerk shall increase all fees, service
567	charges, and any other court-related clerk fees and charges to
568	the maximum amounts specified by law or the amount necessary to
569	resolve the deficit, whichever is less.
570	(3)  Each proposed budget must be balanced, such that the
571	total of the estimated revenues available must equal or exceed
572	the total of the anticipated expenditures. Such revenues include
573	cash balances brought forward from the prior fiscal period;
574	revenue projected to be received from fees, service charges,
575	court costs, and fines for court-related functions during the
576	fiscal period covered by the budget; and supplemental revenue
577	that may be requested pursuant to subsection (4). The
578	anticipated expenditures must be itemized as required by the
579	corporation, pursuant to contract with the Chief Financial
580	Officer clerk shall include in his or her budget request the
581	number of personnel and the proposed budget for each of the
582	following core services:
583	(a)  Case processing.
584	(b)  Financial processing.
585	(c)  Jury management.
586	(d)  Information and reporting.
587
588	Central administrative costs shall be allocated among the core-
589	services categories.
590	(4)  If a clerk of the court estimates that available funds
591	plus projected revenues from fines, fees, service charges, and
592	costs for court-related services are insufficient to meet the
593	anticipated expenditures for the standard list of court-related
594	functions in s. 28.35(3)(a) performed by his or her office, the
595	clerk must report the revenue deficit to the corporation in the
596	manner and form prescribed by the corporation pursuant to
597	contract with the Chief Financial Officer. The corporation shall
598	verify that the proposed budget is limited to the standard list
599	of court-related functions in s. 28.35(3)(a) and that any
600	reported deficit funding is necessary for the clerk to
601	adequately perform the court-related duties based on workload.
602	(a)  If the corporation verifies that the proposed budget
603	is limited to the standard list of court-related functions in s.
604	28.35(3)(a) and a revenue deficit is projected, a clerk seeking
605	to retain revenues pursuant to this subsection shall increase
606	all fees, service charges, and any other court-related clerk
607	fees and charges to the maximum amounts specified by law or the
608	amount necessary to resolve the deficit, whichever is less. If,
609	after increasing fees, service charges, and any other court-
610	related clerk fees and charges to the maximum amounts specified
611	by law, a revenue deficit is still projected, the corporation
612	shall, pursuant to the terms of the contract with the Chief
613	Financial Officer, certify a revenue deficit and notify the
614	Department of Revenue that the clerk is authorized to retain
615	revenues, in an amount necessary to fully fund the projected
616	revenue deficit, which he or she would otherwise be required to
617	remit to the Department of Revenue for deposit into the
618	department's Clerks of the Court Trust Fund pursuant to s.
619	28.37. If a revenue deficit is projected for that clerk after
620	retaining all of the projected collections from the court-
621	related fines, fees, service charges, and costs, the Department
622	of Revenue shall certify the amount of the revenue deficit
623	amount to the Executive Office of the Governor and request
624	release authority for funds appropriated for this purpose from
625	the department's Clerks of the Court Trust Fund. Notwithstanding
626	the provisions of s. 216.192 relating to the release of funds,
627	the Executive Office of the Governor may approve the release of
628	funds appropriated to resolve projected revenue deficits in
629	accordance with the notice, review, and objection procedures set
630	forth in s. 216.177 and shall provide notice to the Chief
631	Financial Officer. The Department of Revenue shall request
632	monthly distributions from the Chief Financial Officer in equal
633	amounts to each clerk certified to have a revenue deficit, in
634	accordance with the releases approved by the Governor.
635	(b)  If the Chief Financial Officer finds the court-related
636	budget proposed by a clerk includes functions not included in
637	the standard list of court-related functions in s. 28.35(3)(a),
638	the Chief Financial Officer shall notify the clerk of the amount
639	of the proposed budget not eligible to be funded from fines,
640	fees, service charges, and costs for court-related functions and
641	shall identify appropriate corrective measures to ensure budget
642	integrity. The clerk shall immediately discontinue all
643	ineligible expenditures of court-related funds for non-court-
644	related functions and reimburse the Clerks of the Court Trust
645	Fund for any previously ineligible expenditures made for non-
646	court-related functions, and shall implement any corrective
647	actions identified by the Chief Financial Officer. The budget
648	request must identify the service units to be provided within
649	each core service. The service units shall be developed by the
650	corporation, in consultation with the Supreme Court, the Chief
651	Financial Officer, and the appropriations committees of the
652	Senate and the House of Representatives.
653	(5)  The budget request must propose a unit cost for each
654	service unit. The corporation shall provide a copy of each
655	clerk's budget request to the Supreme Court.
656	(6)  The corporation shall review each individual clerk's
657	prior-year expenditures, projected revenue, proposed unit costs,
658	and the proposed budget for each of the core-services
659	categories. The corporation shall compare each clerk's prior-
660	year expenditures and unit costs for core services with a peer
661	group of clerks' offices having a population of a similar size
662	and a similar number of case filings. If the corporation finds
663	that the expenditures, unit costs, or proposed budget of a clerk
664	is significantly higher than those of clerks in that clerk's
665	peer group, the corporation shall require the clerk to submit
666	documentation justifying the difference in each core-services
667	category. Justification for higher expenditures may include, but
668	is not limited to, collective bargaining agreements, county
669	civil service agreements, and the number and distribution of
670	courthouses served by the clerk. If the expenditures and unit
671	costs are not justified, the corporation shall recommend a
672	reduction in the funding for that core-services category in the
673	budget request to an amount similar to the peer group of clerks
674	or to an amount that the corporation determines is justified.
675	(7)  The corporation shall complete its review and
676	adjustments to the clerks' budget requests and make its
677	recommendations to the Legislature and the Supreme Court by
678	December 1 each year.
679	(8)  The Chief Financial Officer shall review the proposed
680	unit costs associated with each clerk of court's budget request
681	and make recommendations to the Legislature. The Chief Financial
682	Officer may conduct any audit of the corporation or a clerk of
683	court as authorized by law. The Chief Justice of the Supreme
684	Court may request an audit of the corporation or any clerk of
685	court by the Chief Financial Officer.
686	(9)  The Legislature shall appropriate the total amount for
687	the budgets of the clerks in the General Appropriations Act. The
688	Legislature may reject or modify any or all of the unit costs
689	recommended by the corporation. If the Legislature does not
690	specify the unit costs in the General Appropriations Act or
691	other law, the unit costs recommended by the corporation shall
692	be the official unit costs for that budget period.
693	(10)  For the 2009-2010 fiscal year, the corporation shall
694	release appropriations in an amount equal to one-twelfth of each
695	clerk's approved budget each month. The statewide total
696	appropriation for the 2009-2010 fiscal year shall be set in the
697	General Appropriations Act. The corporation shall determine the
698	amount of each clerk of court budget, but the statewide total of
699	such amounts may not exceed the amount listed in the General
700	Appropriations Act. Beginning in the 2010-2011 fiscal year, the
701	corporation shall release appropriations to each clerk
702	quarterly. The amount of the release shall be based on the prior
703	quarter's performance of service units identified in the four
704	core services and the established unit costs for each clerk.
705	(11)  The corporation may submit proposed legislation to
706	the Governor, the President of the Senate, and the Speaker of
707	the House of Representatives relating to the preparation of
708	budget requests of the clerks of court.
709	Section 7.  Section 28.365, Florida Statutes, is created to
710	read:
711	28.365  Procurement.-The clerks of court are subject to the
712	procurement requirements and limitations of chapter 287 for
713	expenditures made pursuant to the budget provided for in s.
714	28.35.
715	Section 8.  Section 28.37, Florida Statutes, is amended to
716	read:
717	28.37  Fines, fees, service charges, and costs remitted to
718	the state.-
719	(1)  Pursuant to s. 14(b), Art. V of the State
720	Constitution, selected salaries, costs, and expenses of the
721	state courts system and court-related functions shall be funded
722	from a portion of the revenues derived from statutory fines,
723	fees, service charges, and costs collected by the clerks of the
724	court.
725	(2)  Beginning July 1, 2010, except as otherwise provided
726	in ss. 28.241 and 34.041, one-third of all fines, fees, service
727	charges, and court costs collected by the clerks of the court
728	during the prior month for the performance of court-related
729	functions shall be remitted to the Department of Revenue for
730	deposit into the department's Clerks of the Court Trust Fund.
731	Such collections do not include funding received for the
732	operation of the Title IV-D child support collections and
733	disbursement program. The clerk of the court shall remit the
734	revenues collected during the prior month due to the state on or
735	before the 20th day of each month. The Department of Revenue
736	shall make a monthly transfer to the General Revenue Fund of the
737	funds in the department's Clerks of the Court Trust Fund that
738	are not needed to resolve clerk of the court revenue deficits,
739	as specified in s. 28.36.
740	(3)  Beginning January 1, 2010, and each January 1
741	thereafter for the preceding county fiscal year of October 1
742	through September 30, the clerk of the court shall remit to the
743	Department of Revenue for deposit in the General Revenue Fund
744	the cumulative excess of all fines, fees, service charges, and
745	court costs retained by the clerks of the court, plus any funds
746	received by the clerks of the court from the department's Clerk
747	of the Court Trust Fund under s. 28.36(4)(a), that exceed the
748	amount needed to meet the approved budget amounts established
749	under s. 28.36.
750	(4)  The Department of Revenue shall collect any funds that
751	the Florida Clerks of Court Operations Corporation determines
752	upon investigation were due on January 1 but not remitted to the
753	department. Except as otherwise provided in ss. 28.241 and
754	34.041, all court-related fines, fees, service charges, and
755	costs are considered state funds and shall be remitted by the
756	clerk to the Department of Revenue for deposit into the Clerks
757	of the Court Trust Fund within the Justice Administrative
758	Commission. However, 10 percent of all court-related fines
759	collected by the clerk shall be deposited into the clerk's
760	Public Records Modernization Trust Fund to be used exclusively
761	for additional clerk court-related operational needs and program
762	enhancements.
763	Section 9.  Subsection (1) of section 28.43, Florida
764	Statutes, is amended to read:
765	28.43  Adoption of rules relating to ss. 28.35, 28.36, and
766	28.37.-
767	(1)  The Department of Revenue may adopt rules necessary to
768	carry out its responsibilities in ss. 28.35, 28.36, and 28.37.
769	The rules shall include forms and procedures for transferring
770	funds from the clerks of the court to the Clerks of the Court
771	Trust Fund within the Department of Revenue Justice
772	Administrative Commission.
773	Section 10.  Paragraph (b) of subsection (1) of section
774	34.041, Florida Statutes, is amended to read:
775	34.041  Filing fees.-
776	(1)
777	(b)  The first $80 of the filing fee collected under
778	subparagraph (a)4. shall be remitted to the Department of
779	Revenue for deposit into the General Revenue Fund. The next $15
780	of the filing fee collected under subparagraph (a)4., and the
781	first $10 of the filing fee collected under subparagraph (a)7.,
782	shall be deposited in the state courts' Mediation and
783	Arbitration Trust Fund. One-third of any filing fees collected
784	by the clerk under this section in excess of the first $95
785	collected under subparagraph (a)4. shall be remitted to the
786	Department of Revenue for deposit into the department's Clerks
787	of the Court Trust Fund. An additional filing fee of $4 shall be
788	paid to the clerk. The clerk shall transfer $3.50 to the
789	Department of Revenue for deposit into the Court Education Trust
790	Fund and shall transfer 50 cents to the Department of Revenue
791	for deposit into the department's Clerks of the Court Trust Fund
792	within the Justice Administrative Commission to fund clerk
793	education. Postal charges incurred by the clerk of the county
794	court in making service by mail on defendants or other parties
795	shall be paid by the party at whose instance service is made.
796	Except as provided herein, filing fees and service charges for
797	performing duties of the clerk relating to the county court
798	shall be as provided in ss. 28.24 and 28.241. Except as
799	otherwise provided herein, all filing fees shall be retained as
800	fee income of the office of the clerk of the circuit court
801	remitted to the Department of Revenue for deposit into the
802	Clerks of the Court Trust Fund within the Justice Administrative
803	Commission. Filing fees imposed by this section may not be added
804	to any penalty imposed by chapter 316 or chapter 318.
805	Section 11.  Subsection (5) of section 43.16, Florida
806	Statutes, is amended to read:
807	43.16  Justice Administrative Commission; membership,
808	powers and duties.-
809	(5)  The duties of the commission shall include, but not be
810	limited to, the following:
811	(a)  The maintenance of a central state office for
812	administrative services and assistance when possible to and on
813	behalf of the state attorneys and public defenders of Florida,
814	the capital collateral regional counsel of Florida, the criminal
815	conflict and civil regional counsel, and the Guardian Ad Litem
816	Program, and the Florida Clerks of Court Operations Corporation.
817	(b)  Each state attorney, public defender, criminal
818	conflict and civil regional counsel, and the Guardian Ad Litem
819	Program, and the Florida Clerks of Court Operations Corporation
820	shall continue to prepare necessary budgets, vouchers that
821	represent valid claims for reimbursement by the state for
822	authorized expenses, and other things incidental to the proper
823	administrative operation of the office, such as revenue
824	transmittals to the Chief Financial Officer and automated
825	systems plans, but will forward same to the commission for
826	recording and submission to the proper state officer. However,
827	when requested by a state attorney, a public defender, a
828	criminal conflict and civil regional counsel, or the Guardian Ad
829	Litem Program, the commission will either assist in the
830	preparation of budget requests, voucher schedules, and other
831	forms and reports or accomplish the entire project involved.
832	Section 12.  Paragraph (x) of subsection (2) of section
833	110.205, Florida Statutes, is amended to read:
834	110.205  Career service; exemptions.-
835	(2)  EXEMPT POSITIONS.-The exempt positions that are not
836	covered by this part include the following:
837	(x)  All officers and employees of the Justice
838	Administrative Commission, Office of the State Attorney, Office
839	of the Public Defender, regional offices of capital collateral
840	counsel, offices of criminal conflict and civil regional
841	counsel, and Statewide Guardian Ad Litem Office, including the
842	circuit guardian ad litem programs and the Florida Clerks of
843	Court Operations Corporation.
844	Section 13.  Subsections (2) and (3) of section 142.01,
845	Florida Statutes, are amended to read:
846	142.01  Fine and forfeiture fund; disposition of revenue;
847	clerk of the circuit court.-
848	(2)  All revenues received by the clerk in the fine and
849	forfeiture fund from court-related fees, fines, costs, and
850	service charges are considered state funds and shall be remitted
851	monthly to the Department of Revenue for deposit into the Clerks
852	of the Court Trust Fund within the Justice Administrative
853	Commission.
854	(2)(3)  Notwithstanding the provisions of this section, all
855	fines and forfeitures arising from operation of the provisions
856	of s. 318.1215 shall be disbursed in accordance with that
857	section.
858	Section 14.  Section 213.131, Florida Statutes, is amended
859	to read:
860	213.131  Clerks of the Court Trust Fund within the
861	Department of Revenue Justice Administrative Commission.-The
862	Clerks of the Court Trust Fund is created within the Department
863	of Revenue Justice Administrative Commission. Funds received by
864	the department from the clerks of court shall be credited to the
865	trust fund as provided in chapter 2001-122, Laws of Florida, to
866	be used for the purposes set forth in that act.
867	Section 15.  Paragraph (qq) of subsection (1) of section
868	216.011, Florida Statutes, is amended to read:
869	216.011  Definitions.-
870	(1)  For the purpose of fiscal affairs of the state,
871	appropriations acts, legislative budgets, and approved budgets,
872	each of the following terms has the meaning indicated:
873	(qq)  "State agency" or "agency" means any official,
874	officer, commission, board, authority, council, committee, or
875	department of the executive branch of state government. For
876	purposes of this chapter and chapter 215, "state agency" or
877	"agency" includes, but is not limited to, state attorneys,
878	public defenders, criminal conflict and civil regional counsel,
879	capital collateral regional counsel, the Florida Clerks of Court
880	Operations Corporation, the Justice Administrative Commission,
881	the Florida Housing Finance Corporation, and the Florida Public
882	Service Commission. Solely for the purposes of implementing s.
883	19(h), Art. III of the State Constitution, the terms "state
884	agency" or "agency" include the judicial branch.
885	Section 16.  For the period of July 1, 2010, through
886	September 30, 2010, the approved budget for the clerks of the
887	circuit court shall be $112,845,078. The Clerks of Court
888	Operations Corporation shall determine budget amounts for the
889	individual clerks.
890	Section 17.  This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.