HB 5409

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	28.2455, F.S.; correcting references to the Clerks of the
9	Court Trust Fund; amending s. 28.246, F.S.; conforming
10	provisions relating to the transfer of the Clerks of the
11	Court Trust Fund; amending s. 28.35, F.S.; deleting
12	provisions relating to housing the Florida Clerks of Court
13	Operations Corporation within the Justice Administrative
14	Commission, to specifying the corporation as a budget
15	entity of the commission, and to specifying corporation
16	employees as commission employees; revising membership of
17	the corporation's executive council; specifying that the
18	corporation is subject to certain procurement
19	requirements; revising and expanding the duties and
20	responsibilities of the corporation relating to budget
21	requests; providing definitions; requiring the corporation
22	to submit certain budgets and information to the
23	Legislative Budget Commission; providing duties and
24	responsibilities of the commission; deleting a requirement
25	that clerks of court submit certain financial audit
26	information to the Supreme Court; amending s. 28.36, F.S.;
27	revising required budget procedures for budget requests
28	for funding court-related functions of the clerks of
29	court; revising duties of the corporation; deleting
30	provisions relating to quarterly releases of funds to
31	clerks by the corporation; creating s. 28.365, F.S.;
32	subjecting clerks of the courts to certain procurement
33	requirements and limitations; amending s. 28.37, F.S.;
34	revising requirements for distribution of fines, fees,
35	service charges, and court costs collected by clerks of
36	the court; amending s. 28.43, F.S.; conforming provisions
37	relating to the transfer of the Clerks of the Court Trust
38	Fund; amending s. 34.041, F.S.; revising requirements for
39	distribution of certain filing fees collected by clerks of
40	the court; requiring certain filing fees to be retained as
41	fee income of the office of the clerk of the circuit
42	court; amending s. 43.16, F.S.; deleting provisions
43	including the Florida Clerks of Court Operations
44	Corporation under provisions relating to the Justice
45	Administrative Commission; amending s. 110.205, F.S.;
46	deleting an exemption from career service for and
47	employees of the Florida Clerks of Court Operations
48	Corporation officers; amending s. 142.01, F.S.; conforming
49	provisions to the transfer of the Clerks of the Court
50	Trust Fund; amending s. 213.131, F.S.; specifying the
51	creation of the Clerks of the Court Trust Fund within the
52	Department of Revenue; providing for credit of certain
53	funds to the trust fund; amending s. 216.011, F.S.;
54	deleting a reference to the Florida Clerks of Court
55	Operations Corporation as a state agency; providing for
56	approved budgets of the clerks of the circuit court for a
57	specified period; providing an effective date.
58
59	Be It Enacted by the Legislature of the State of Florida:
60
61	Section 1.  The Clerks of the Court Trust Fund within the
62	Justice Administrative Commission, FLAIR number 21-2-588, is
63	transferred together with all balances in the fund to the
64	Department of Revenue.
65	Section 2.  Subsection (6) of section 11.90, Florida
66	Statutes, is amended to read:
67	11.90  Legislative Budget Commission.-
68	(6)  The commission shall have the power and duty to:
69	(a)  Review and approve or disapprove budget amendments
70	recommended by the Governor or the Chief Justice of the Supreme
71	Court as provided in chapter 216.
72	(b)  Develop the long-range financial outlook described in
73	s. 19, Art. III of the State Constitution.
74	(c)  Review and approve, disapprove, or amend the budget of
75	the Florida Clerks of Court Operations Corporation.
76	(d)  Review, approve, disapprove, or amend the total
77	combined budgets of the clerks of court or the budget of any
78	individual clerk of court.
79	(e)  In addition to the powers and duties specified in this
80	subsection, the commission shall Exercise all other powers and
81	perform any other duties prescribed by the Legislature.
82	Section 3.  Paragraph (a) of subsection (1) of section
83	28.241, Florida Statutes, is amended to read:
84	28.241  Filing fees for trial and appellate proceedings.-
85	(1)(a)1.a.  Except as provided in sub-subparagraph b. and
86	subparagraph 2., the party instituting any civil action, suit,
87	or proceeding in the circuit court shall pay to the clerk of
88	that court a filing fee of up to $395 in all cases in which
89	there are not more than five defendants and an additional filing
90	fee of up to $2.50 for each defendant in excess of five. Of the
91	first $265 in filing fees, $80 must be remitted by the clerk to
92	the Department of Revenue for deposit into the General Revenue
93	Fund, $180 must be remitted to the Department of Revenue for
94	deposit into the State Courts Revenue Trust Fund, and $5 $3.50
95	must be remitted to the Department of Revenue for deposit into
96	the Administrative Clerks of the Court Trust Fund within the
97	Department of Financial Services Justice Administrative
98	Commission and used to fund the contract with the Florida Clerks
99	of Court Operations Corporation created in s. 28.35, and $1.50
100	shall be remitted to the Department of Revenue for deposit into
101	the Administrative Trust Fund within the Department of Financial
102	Services to fund clerk budget reviews conducted by the
103	Department of Financial Services. The next $15 of the filing fee
104	collected shall be deposited in the state courts' Mediation and
105	Arbitration Trust Fund. One third of any filing fees collected
106	by the clerk of the circuit court in excess of $100 shall be
107	remitted to the Department of Revenue for deposit into the
108	department's Clerks of the Court Trust Fund within the Justice
109	Administrative Commission.
110	b.  The party instituting any civil action, suit, or
111	proceeding in the circuit court under chapter 39, chapter 61,
112	chapter 741, chapter 742, chapter 747, chapter 752, or chapter
113	753 shall pay to the clerk of that court a filing fee of up to
114	$295 in all cases in which there are not more than five
115	defendants and an additional filing fee of up to $2.50 for each
116	defendant in excess of five. Of the first $165 in filing fees,
117	$80 must be remitted by the clerk to the Department of Revenue
118	for deposit into the General Revenue Fund, $80 must be remitted
119	to the Department of Revenue for deposit into the State Courts
120	Revenue Trust Fund, and $5 $3.50 must be remitted to the
121	Department of Revenue for deposit into the Administrative Clerks
122	of the Court Trust Fund within the Department of Financial
123	Services Justice Administrative Commission and used to fund the
124	contract with the Florida Clerks of Court Operations Corporation
125	created in s. 28.35, and $1.50 shall be remitted to the
126	Department of Revenue for deposit into the Administrative Trust
127	Fund within the Department of Financial Services to fund clerk
128	budget reviews conducted by the Department of Financial
129	Services. The next $15 of the filing fee collected shall be
130	deposited in the state courts' Mediation and Arbitration Trust
131	Fund.
132	c.  An additional filing fee of $4 shall be paid to the
133	clerk. The clerk shall remit $3.50 to the Department of Revenue
134	for deposit into the Court Education Trust Fund and shall remit
135	50 cents to the Department of Revenue for deposit into the
136	department's Clerks of the Court Trust Fund within the Justice
137	Administrative Commission to fund clerk education. An additional
138	filing fee of up to $18 shall be paid by the party seeking each
139	severance that is granted. The clerk may impose an additional
140	filing fee of up to $85 for all proceedings of garnishment,
141	attachment, replevin, and distress. Postal charges incurred by
142	the clerk of the circuit court in making service by certified or
143	registered mail on defendants or other parties shall be paid by
144	the party at whose instance service is made. No additional fees,
145	charges, or costs shall be added to the filing fees imposed
146	under this section, except as authorized in this section or by
147	general law.
148	2.a.  Notwithstanding the fees prescribed in subparagraph
149	1., a party instituting a civil action in circuit court relating
150	to real property or mortgage foreclosure shall pay a graduated
151	filing fee based on the value of the claim.
152	b.  A party shall estimate in writing the amount in
153	controversy of the claim upon filing the action. For purposes of
154	this subparagraph, the value of a mortgage foreclosure action is
155	based upon the principal due on the note secured by the
156	mortgage, plus interest owed on the note and any moneys advanced
157	by the lender for property taxes, insurance, and other advances
158	secured by the mortgage, at the time of filing the foreclosure.
159	The value shall also include the value of any tax certificates
160	related to the property. In stating the value of a mortgage
161	foreclosure claim, a party shall declare in writing the total
162	value of the claim, as well as the individual elements of the
163	value as prescribed in this sub-subparagraph.
164	c.  In its order providing for the final disposition of the
165	matter, the court shall identify the actual value of the claim.
166	The clerk shall adjust the filing fee if there is a difference
167	between the estimated amount in controversy and the actual value
168	of the claim and collect any additional filing fee owed or
169	provide a refund of excess filing fee paid.
170	d.  The party shall pay a filing fee of:
171	(I)  Three hundred and ninety-five dollars in all cases in
172	which the value of the claim is $50,000 or less and in which
173	there are not more than five defendants. The party shall pay an
174	additional filing fee of up to $2.50 for each defendant in
175	excess of five. Of the first $265 in filing fees, $80 must be
176	remitted by the clerk to the Department of Revenue for deposit
177	into the General Revenue Fund, $180 must be remitted to the
178	Department of Revenue for deposit into the State Courts Revenue
179	Trust Fund, and $5 $3.50 must be remitted to the Department of
180	Revenue for deposit into the Administrative Clerks of the Court
181	Trust Fund within the Department of Financial Services Justice
182	Administrative Commission and used to fund the contract with the
183	Florida Clerks of Court Operations Corporation created in s.
184	28.35, and $1.50 shall be remitted to the Department of Revenue
185	for deposit into the Administrative Trust Fund within the
186	Department of Financial Services to fund clerk budget reviews
187	conducted by the Department of Financial Services. The next $15
188	of the filing fee collected shall be deposited in the state
189	courts' Mediation and Arbitration Trust Fund;
190	(II)  Nine hundred dollars in all cases in which the value
191	of the claim is more than $50,000 but less than $250,000 and in
192	which there are not more than five defendants. The party shall
193	pay an additional filing fee of up to $2.50 for each defendant
194	in excess of five. Of the first $770 in filing fees, $80 must be
195	remitted by the clerk to the Department of Revenue for deposit
196	into the General Revenue Fund, $685 must be remitted to the
197	Department of Revenue for deposit into the State Courts Revenue
198	Trust Fund, and $5 $3.50 must be remitted to the Department of
199	Revenue for deposit into the Administrative Clerks of the Court
200	Trust Fund within the Department of Financial Services Justice
201	Administrative Commission and used to fund the contract with the
202	Florida Clerks of Court Operations Corporation described in s.
203	28.35, and $1.50 shall be remitted to the Department of Revenue
204	for deposit into the Administrative Trust Fund within the
205	Department of Financial Services to fund clerk budget reviews
206	conducted by the Department of Financial Services. The next $15
207	of the filing fee collected shall be deposited in the state
208	courts' Mediation and Arbitration Trust Fund; or
209	(III)  One thousand nine hundred dollars in all cases in
210	which the value of the claim is $250,000 or more and in which
211	there are not more than five defendants. The party shall pay an
212	additional filing fee of up to $2.50 for each defendant in
213	excess of five. Of the first $1,770 in filing fees, $80 must be
214	remitted by the clerk to the Department of Revenue for deposit
215	into the General Revenue Fund, $1,685 must be remitted to the
216	Department of Revenue for deposit into the State Courts Revenue
217	Trust Fund, and $5 $3.50 must be remitted to the Department of
218	Revenue for deposit into the Administrative Clerks of the Court
219	Trust Fund within the Department of Financial Services Justice
220	Administrative Commission to fund the contract with the Florida
221	Clerks of Court Operations Corporation created in s. 28.35, and
222	$1.50 shall be remitted to the Department of Revenue for deposit
223	into the Administrative Trust Fund within the Department of
224	Financial Services to fund clerk budget reviews conducted by the
225	Department of Financial Services. The next $15 of the filing fee
226	collected shall be deposited in the state courts' Mediation and
227	Arbitration Trust Fund.
228	e.  An additional filing fee of $4 shall be paid to the
229	clerk. The clerk shall remit $3.50 to the Department of Revenue
230	for deposit into the Court Education Trust Fund and shall remit
231	50 cents to the Department of Revenue for deposit into the
232	department's Clerks of the Court Trust Fund within the Justice
233	Administrative Commission to fund clerk education. An additional
234	filing fee of up to $18 shall be paid by the party seeking each
235	severance that is granted. The clerk may impose an additional
236	filing fee of up to $85 for all proceedings of garnishment,
237	attachment, replevin, and distress. Postal charges incurred by
238	the clerk of the circuit court in making service by certified or
239	registered mail on defendants or other parties shall be paid by
240	the party at whose instance service is made. No additional fees,
241	charges, or costs shall be added to the filing fees imposed
242	under this section, except as authorized in this section or by
243	general law.
244	Section 4.  Section 28.2455, Florida Statutes, is amended
245	to read:
246	28.2455  Transfer of trust funds in excess of amount needed
247	for clerk budgets.-By June 20th of each year, the Florida Clerks
248	of Court Operations Corporation shall identify the amount of
249	funds in the Clerks of the Court Trust Fund in excess of the
250	amount needed to fund the approved clerk of court budgets for
251	the current state fiscal year. The Justice Administrative
252	Commission shall transfer the amount identified by the
253	corporation from the Clerks of the Court Trust Fund to the
254	General Revenue Fund by June 25th of each year.
255	Section 5.  Paragraph (b) of subsection (5) of section
256	28.246, Florida Statutes, is amended to read:
257	28.246  Payment of court-related fees, charges, and costs;
258	partial payments; distribution of funds.-
259	(5)  When receiving partial payment of fees, service
260	charges, court costs, and fines, clerks shall distribute funds
261	according to the following order of priority:
262	(b)  That portion of fees, service charges, court costs,
263	and fines which are required to be retained by the clerk of the
264	court or deposited into the Clerks of the Court Trust Fund
265	within the Department of Revenue Justice Administrative
266	Commission.
267
268	To offset processing costs, clerks may impose either a per-month
269	service charge pursuant to s. 28.24(26)(b) or a one-time
270	administrative processing service charge at the inception of the
271	payment plan pursuant to s. 28.24(26)(c).
272	Section 6.  Section 28.35, Florida Statutes, is amended to
273	read:
274	28.35  Florida Clerks of Court Operations Corporation.-
275	(1)(a)  The Florida Clerks of Court Operations Corporation
276	is created as a public corporation organized to perform the
277	functions specified in this section and s. 28.36 and shall be
278	administratively housed within the Justice Administrative
279	Commission. The corporation shall be a budget entity within the
280	Justice Administrative Commission, and its employees shall be
281	considered state employees. The corporation is not subject to
282	control, supervision, or direction by the Justice Administrative
283	Commission in the performance of its duties, but the employees
284	of the corporation shall be governed by the classification plan
285	and salary and benefits plan of the Justice Administrative
286	Commission. The classification plan must have a separate chapter
287	for the corporation. All clerks of the circuit court shall be
288	members of the corporation and hold their position and authority
289	in an ex officio capacity. The functions assigned to the
290	corporation shall be performed by an executive council pursuant
291	to the plan of operation approved by the members.
292	(b)  The executive council shall be composed of eight
293	clerks of the court elected by the clerks of the courts for a
294	term of 2 years, with two clerks from counties with a population
295	of fewer than 100,000, two clerks from counties with a
296	population of at least 100,000 but fewer than 500,000, two
297	clerks from counties with a population of at least 500,000 but
298	fewer than 1 million, and two clerks from counties with a
299	population of more than 1 million. The executive council shall
300	also include, as ex officio members, a designee of the President
301	of the Senate and a designee of the Speaker of the House of
302	Representatives. The Chief Justice of the Supreme Court shall
303	designate one additional member to represent the state courts
304	system.
305	(c)  The corporation shall be considered a political
306	subdivision of the state and shall be exempt from the corporate
307	income tax. The corporation is not subject to the procurement
308	provisions of chapter 287 120.
309	(d)  The functions assigned to the corporation under this
310	section and ss. 28.36 and 28.37 are considered to be for a valid
311	public purpose.
312	(2)  The duties of the corporation shall include the
313	following:
314	(a)  Adopting a plan of operation.
315	(b)  Conducting the election of directors as required in
316	paragraph (1)(a).
317	(c)  Recommending to the Legislature changes in the various
318	court-related fines, fees, service charges, and court costs
319	established by law to ensure reasonable and adequate funding of
320	the clerks of the court in the performance of their court-
321	related functions.
322	(d)  Developing and certifying a uniform system of
323	performance measures and applicable workload performance
324	standards for the functions specified in paragraph (3)(a) and
325	the service unit costs required in s. 28.36 and measures for
326	clerk workload performance in meeting the workload performance
327	standards. These workload performance measures and workload
328	performance standards shall be designed to facilitate an
329	objective determination of the performance of each clerk in
330	accordance with minimum standards for fiscal management,
331	operational efficiency, and effective collection of fines, fees,
332	service charges, and court costs. The corporation shall develop
333	the workload performance measures and workload performance
334	standards in consultation with the Legislature and the Supreme
335	Court. The Legislature may modify the clerk performance measures
336	and performance standards in legislation implementing the
337	General Appropriations Act or other law. When the corporation
338	finds a clerk has not met the workload performance standards,
339	the corporation shall identify the nature of each deficiency and
340	any corrective action recommended and taken by the affected
341	clerk of the court. The corporation shall notify the Legislature
342	and the Supreme Court of any clerk not meeting workload
343	performance standards and provide a copy of any corrective
344	action plans. For the purposes of this section, the term:
345	1.  "Workload performance measures" means the measurement
346	of the activities and frequency of the work required for the
347	clerk to adequately perform the court-related duties of the
348	office.
349	2.  "Workload performance standards" means the standards
350	developed to measure the timeliness and effectiveness of the
351	activities that are accomplished by the clerk in the performance
352	of the court-related duties of the office.
353	(e)  Pursuant to contract with the Chief Financial Officer,
354	establishing a process for the review of proposed court-related
355	budgets submitted by clerks of the court for completeness and
356	compliance with this section and ss. 28.36 and 28.37. Such
357	process shall be designed and be of sufficient detail to permit
358	independent verification and validation of such budgets. The
359	contract shall specify the process to be used in determining
360	compliance by the corporation with this section and ss. 28.36
361	and 28.37 and shall require the corporation to determine the
362	minimum amount of revenue necessary for each clerk of court to
363	efficiently perform the list of court-related functions
364	specified in paragraph (3)(a) in its budget review and approval
365	process.
366	(f)(e)  Reviewing and certifying proposed budgets submitted
367	by clerks of the court using the process approved by the Chief
368	Financial Officer pursuant to paragraph (e) for the purpose of
369	making the certification in paragraph (3)(a). As part of this
370	process, the corporation shall: pursuant to s. 28.36.
371	1.  Calculate the minimum amount of revenue necessary for
372	each clerk of court to efficiently perform the list of court-
373	related functions specified in paragraph (3)(a).
374	2.  Prepare a cost comparison of similarly situated clerks
375	of court, based on county population and numbers of filings,
376	using the standard list of court-related functions specified in
377	paragraph (3)(a).
378	3.  Conduct an annual base budget review and an annual
379	budget exercise examining the total budget of each clerk of
380	court. The review shall examine revenues from all sources,
381	expenses of court-related functions, and expenses of non-court-
382	related functions as necessary to determine that court-related
383	revenues are not being used for non-court-related purposes.
384	Funds paid by a clerk to join or be a member of any group or
385	organization shall be separately listed and the benefits
386	received from any such group or organization described in
387	detail. The review and exercise shall identify potential
388	targeted budget reductions in the percentage amount provided in
389	Schedule VIII-B of the state's prior year's legislative budget
390	instructions, as referenced in s. 216.023(3), or an equivalent
391	schedule or instruction as may be adopted by the Legislature.
392	4.  Identify those proposed budgets containing funding for
393	items not included on the standard list of court-related
394	functions specified in paragraph (3)(a).
395	5.  Identify those clerks projected to have court-related
396	revenues insufficient to fund their anticipated court-related
397	expenditures.
398	(g)(f)  Developing and conducting clerk education programs.
399	(h)(g)  Publishing a uniform schedule of actual fees,
400	service charges, and costs charged by a clerk of the court
401	pursuant to general law.
402	(i)  By August 1 of each year, submitting to the
403	Legislative Budget Commission, as provided in s. 11.90, its
404	proposed budget and the information described in paragraph (f),
405	as well as the approved budgets for each clerk of court and the
406	corporation. By September 15 of each year, the Legislative
407	Budget Commission shall consider the submitted budgets and shall
408	approve, disapprove, or amend the corporation's budget and shall
409	approve, disapprove, or amend and approve the total of the
410	clerks' combined budgets or any individual clerk's budget. If
411	the Legislative Budget Commission fails to approve or amend the
412	clerks' combined budgets by September 15, the clerk shall
413	continue to perform the court-related functions based upon the
414	clerk's approved budget for the preceding county fiscal year. If
415	the Legislative Budget Commission fails to approve or amend the
416	corporation's budget by September 15, the clerk shall continue
417	to operate based upon the corporation's approved budget for the
418	preceding county fiscal year.
419	(3)(a)  The list of court-related functions that clerks may
420	fund from filing fees, service charges, court costs, and fines
421	is perform are limited to those functions expressly authorized
422	by law or court rule. Those functions include the following:
423	case maintenance; records management; court preparation and
424	attendance; processing the assignment, reopening, and
425	reassignment of cases; processing of appeals; collection and
426	distribution of fines, fees, service charges, and court costs;
427	processing of bond forfeiture payments; payment of jurors and
428	witnesses; payment of expenses for meals or lodging provided to
429	jurors; data collection and reporting; processing of jurors;
430	determinations of indigent status; and reasonable administrative
431	support costs to enable the clerk of the court to carry out
432	these court-related functions.
433	(b)  The list of functions that clerks may not fund from
434	filing fees, service charges, court costs, and fines includes
435	state appropriations include:
436	1.  Those functions not specified within paragraph (a).
437	2.  Functions assigned by administrative orders which are
438	not required for the clerk to perform the functions in paragraph
439	(a).
440	3.  Enhanced levels of service which are not required for
441	the clerk to perform the functions in paragraph (a).
442	4.  Functions identified as local requirements in law or
443	local optional programs.
444	(4)  The corporation shall prepare a legislative budget
445	request for the resources necessary to perform its duties,
446	submit the request pursuant to chapter 216, and be funded
447	pursuant to a contract with the Chief Financial Officer. Funds
448	shall be provided to the Chief Financial Officer for such
449	purpose as appropriated by general law. Such funds shall be
450	available to the corporation for the performance of the duties
451	and responsibilities as set forth in this section as a budget
452	entity in the General Appropriations Act. The corporation may
453	hire staff and pay other expenses from such funds state
454	appropriations as necessary to perform the official duties and
455	responsibilities of the corporation as described in this section
456	by law.
457	(5)(a)  The corporation shall submit an annual audited
458	financial statement to the Auditor General in a form and manner
459	prescribed by the Auditor General. The Auditor General shall
460	conduct an annual audit of the operations of the corporation,
461	including the use of funds and compliance with the provisions of
462	this section and ss. 28.36 and 28.37.
463	(b)  Certified public accountants conducting audits of
464	counties pursuant to s. 218.39 shall report, as part of the
465	audit, whether or not the clerks of the courts have complied
466	with the requirements of this section and s. 28.36. In addition,
467	each clerk of court shall forward a copy of the portion of the
468	financial audit relating to the court-related duties of the
469	clerk of court to the Supreme Court. The Auditor General shall
470	develop a compliance supplement for the audit of compliance with
471	the budgets and applicable workload performance standards
472	certified by the corporation.
473	Section 7.  Section 28.36, Florida Statutes, is amended to
474	read:
475	28.36  Budget procedure.-There is established a budget
476	procedure for preparing budget requests for funding for the
477	court-related functions of the clerks of the court.
478	(1)  Only those functions on the standard list developed
479	pursuant to s. 28.35(3)(a) may be funded from fees, service
480	charges, court costs, and fines retained by the clerks of the
481	court. For the county fiscal year beginning October 1, 2011, and
482	for each county fiscal year thereafter, each clerk of court
483	shall prepare a budget request for court-related expenditures
484	that the last quarter of the county fiscal year and the first
485	three quarters of the next county fiscal year. The proposed
486	budget shall be prepared, summarized, and submitted by the clerk
487	in each county to the Florida Clerks of Court Operations
488	Corporation in the manner and form prescribed by the corporation
489	to meet the requirements of law. Each clerk shall forward a copy
490	of his or her budget request to the Supreme Court. The budget
491	requests must be provided to the corporation by June October 1
492	of the each year before the year of the budget.
493	(2)  Each proposed budget shall also conform to the
494	requirements of this subsection. On or before June 1 for each
495	fiscal year thereafter, the clerk of the court in each county
496	shall prepare, summarize, and submit a proposed budget to the
497	Florida Clerks of Court Operations Corporation in the manner and
498	form prescribed by the corporation. However, at a minimum, the
499	proposed budgets shall include for each clerk the information
500	required by s. 28.35(2)(f) and shall specify any salary
501	increases or any bonuses anticipated to be made to employees of
502	the office performing court-related duties. The proposed budget
503	must provide detailed information on the anticipated revenues
504	available and expenditures necessary for the performance of the
505	standard list of court-related functions of the clerk's office
506	developed pursuant to s. 28.35(3)(a) for the county fiscal year
507	beginning the following October 1. The Florida Clerks of Court
508	Operations Corporation shall also prepare its proposed budget by
509	July 1 of each year clerk shall include in his or her budget
510	request a projection of the amount of court-related fees,
511	service charges, and any other court-related clerk fees which
512	will be collected during the proposed budget period. If the
513	corporation determines that the proposed budget is limited to
514	the standard list of court-related functions in s. 28.35(3)(a)
515	and the projected court-related revenues are less than the
516	proposed budget, the clerk shall increase all fees, service
517	charges, and any other court-related clerk fees and charges to
518	the maximum amounts specified by law or the amount necessary to
519	resolve the deficit, whichever is less.
520	(3)  Each proposed budget must be balanced, such that the
521	total of the estimated revenues available must equal or exceed
522	the total of the anticipated expenditures. Such revenues include
523	cash balances brought forward from the prior fiscal period;
524	revenue projected to be received from fees, service charges,
525	court costs, and fines for court-related functions during the
526	fiscal period covered by the budget; and supplemental revenue
527	that may be requested pursuant to subsection (4). The
528	anticipated expenditures must be itemized as required by the
529	corporation, pursuant to contract with the Chief Financial
530	Officer clerk shall include in his or her budget request the
531	number of personnel and the proposed budget for each of the
532	following core services:
533	(a)  Circuit criminal.
534	(b)  County criminal.
535	(c)  Juvenile delinquency.
536	(d)  Criminal traffic.
537	(e)  Circuit civil.
538	(f)  County civil.
539	(g)  Civil traffic.
540	(h)  Probate.
541	(i)  Family.
542	(j)  Juvenile dependency.
543
544	Central administrative costs shall be allocated among the core-
545	services categories.
546	(4)  If a clerk of the court estimates that available funds
547	plus projected revenues from fines, fees, service charges, and
548	costs for court-related services are insufficient to meet the
549	anticipated expenditures for the standard list of court-related
550	functions in s. 28.35(3)(a) performed by his or her office, the
551	clerk must report the revenue deficit to the corporation in the
552	manner and form prescribed by the corporation pursuant to
553	contract with the Chief Financial Officer. The corporation shall
554	verify that the proposed budget is limited to the standard list
555	of court-related functions in s. 28.35(3)(a) and that any
556	reported deficit funding is necessary for the clerk to
557	adequately perform the court-related duties based on workload.
558	(a)  If the corporation verifies that the proposed budget
559	is limited to the standard list of court-related functions in s.
560	28.35(3)(a) and a revenue deficit is projected, a clerk seeking
561	to retain revenues pursuant to this subsection shall increase
562	all fees, service charges, and any other court-related clerk
563	fees and charges to the maximum amounts specified by law or the
564	amount necessary to resolve the deficit, whichever is less. If,
565	after increasing fees, service charges, and any other court-
566	related clerk fees and charges to the maximum amounts specified
567	by law, a revenue deficit is still projected, the corporation
568	shall, pursuant to the terms of the contract with the Chief
569	Financial Officer, certify a revenue deficit and notify the
570	Department of Revenue that the clerk is authorized to retain
571	revenues, in an amount necessary to fully fund the projected
572	revenue deficit, which he or she would otherwise be required to
573	remit to the Department of Revenue for deposit into the
574	department's Clerks of the Court Trust Fund pursuant to s.
575	28.37. If a revenue deficit is projected for that clerk after
576	retaining all of the projected collections from the court-
577	related fines, fees, service charges, and costs, the Department
578	of Revenue shall certify the amount of the revenue deficit
579	amount to the Executive Office of the Governor and request
580	release authority for funds appropriated for this purpose from
581	the department's Clerks of the Court Trust Fund. Notwithstanding
582	the provisions of s. 216.192 relating to the release of funds,
583	the Executive Office of the Governor may approve the release of
584	funds appropriated to resolve projected revenue deficits in
585	accordance with the notice, review, and objection procedures set
586	forth in s. 216.177 and shall provide notice to the Chief
587	Financial Officer. The Department of Revenue shall request
588	monthly distributions from the Chief Financial Officer in equal
589	amounts to each clerk certified to have a revenue deficit, in
590	accordance with the releases approved by the Governor.
591	(b)  If the Chief Financial Officer finds the court-related
592	budget proposed by a clerk includes functions not included in
593	the standard list of court-related functions in s. 28.35(3)(a),
594	the Chief Financial Officer shall notify the clerk of the amount
595	of the proposed budget not eligible to be funded from fines,
596	fees, service charges, and costs for court-related functions and
597	shall identify appropriate corrective measures to ensure budget
598	integrity. The clerk shall immediately discontinue all
599	ineligible expenditures of court-related funds for non-court-
600	related functions and reimburse the Clerks of the Court Trust
601	Fund for any previously ineligible expenditures made for non-
602	court-related functions, and shall implement any corrective
603	actions identified by the Chief Financial Officer.
604	(4)  The budget request must identify the service units to
605	be provided within each core service. The service units shall be
606	developed by the corporation, in consultation with the Supreme
607	Court, the Chief Financial Officer, and the appropriations
608	committees of the Senate and the House of Representatives.
609	(5)  The budget request must propose a unit cost for each
610	service unit. The corporation shall provide a copy of each
611	clerk's budget request to the Supreme Court.
612	(6)  The corporation shall review each individual clerk's
613	prior-year expenditures, projected revenue, proposed unit costs,
614	and the proposed budget for each of the core-services
615	categories. The corporation shall compare each clerk's prior-
616	year expenditures and unit costs for core services with a peer
617	group of clerks' offices having a population of a similar size
618	and a similar number of case filings. If the corporation finds
619	that the expenditures, unit costs, or proposed budget of a clerk
620	is significantly higher than those of clerks in that clerk's
621	peer group, the corporation shall require the clerk to submit
622	documentation justifying the difference in each core-services
623	category. Justification for higher expenditures may include, but
624	is not limited to, collective bargaining agreements, county
625	civil service agreements, and the number and distribution of
626	courthouses served by the clerk. If the expenditures and unit
627	costs are not justified, the corporation shall recommend a
628	reduction in the funding for that core-services category in the
629	budget request to an amount similar to the peer group of clerks
630	or to an amount that the corporation determines is justified.
631	(7)  The corporation shall complete its review and
632	adjustments to the clerks' budget requests and make its
633	recommendations to the Legislature and the Supreme Court by
634	December 1 each year.
635	(8)  The Chief Financial Officer shall review the proposed
636	unit costs associated with each clerk of court's budget request
637	and make recommendations to the Legislature. The Chief Financial
638	Officer may conduct any audit of the corporation or a clerk of
639	court as authorized by law. The Chief Justice of the Supreme
640	Court may request an audit of the corporation or any clerk of
641	court by the Chief Financial Officer.
642	(9)  The Legislature shall appropriate the total amount for
643	the budgets of the clerks in the General Appropriations Act. The
644	Legislature may reject or modify any or all of the unit costs
645	recommended by the corporation. If the Legislature does not
646	specify the unit costs in the General Appropriations Act or
647	other law, the unit costs recommended by the corporation shall
648	be the official unit costs for that budget period.
649	(10)(a)  Beginning in the 2010-2011 fiscal year, the
650	corporation shall release appropriations to each clerk
651	quarterly. If funds in the Clerks of Court Trust Fund are
652	insufficient to provide a release in a quarter in a single
653	release, the corporation may release partial amounts for that
654	quarter so long as the total of those partial amounts does not
655	exceed that quarter's release. If funds in the Clerks of Court
656	Trust Fund are insufficient for the first quarter release, the
657	corporation may make a request to the Governor for a trust fund
658	loan pursuant to chapter 215. The amount of the first three
659	releases shall be based on one quarter of the estimated budget
660	for each clerk as identified in the General Appropriations Act.
661	(b)  The corporation shall estimate the fourth quarter's
662	number of units to be performed by each clerk. The amount of the
663	fourth-quarter release shall be based on the approved unit cost
664	times the estimated number of units of the fourth quarter with
665	the following adjustment: the fourth-quarter release shall be
666	adjusted based on the first three quarter's actual number of
667	service units provided as reported to the corporation by each
668	clerk. If the clerk has performed fewer service units in the
669	first three quarters of the year compared to three quarters of
670	the estimated number of service units in the General
671	Appropriations Act, the corporation shall decrease the fourth-
672	quarter release. The amount of the decrease shall equal the
673	amount of the difference between the estimated number of service
674	units for the first three quarters and the actual number of
675	service units provided in the first three quarters times the
676	approved unit cost.
677	(c)  No adjustment for the fourth-quarter release shall be
678	made if the clerk has performed more units than the estimate for
679	the first three quarters.
680	(d)  If the clerk performs fewer units in the fourth
681	quarter than estimated by the corporation, the corporation shall
682	decrease the first-quarter release for the clerk in the next
683	fiscal year by the amount of the difference between the
684	estimated number of service units for the fourth quarter and the
685	actual number of service units performed in that quarter times
686	the approved unit cost.
687	(e)  The total of all releases to the clerks of court may
688	not exceed the amount appropriated in the General Appropriations
689	Act. If, during the year, the corporation determines that the
690	projected releases of appropriations for service units will
691	exceed the estimate used in the General Appropriations Act and
692	result in statewide expenditures greater than the amount
693	appropriated by law, the corporation shall reduce all service
694	unit costs of all clerks by the amount necessary to ensure that
695	service units are funded within the total amount appropriated to
696	the clerks of court. If such action is necessary, the
697	corporation shall notify the Legislative Budget Commission. If
698	the Legislative Budget Commission objects to the adjustments,
699	the Legislative Budget Commission shall adjust all service unit
700	costs by the amount necessary to ensure that projected units of
701	service are funded within the total amount appropriated to the
702	clerks of court at its next scheduled meeting.
703	(11)  The corporation may submit proposed legislation to
704	the Governor, the President of the Senate, and the Speaker of
705	the House of Representatives relating to the preparation of
706	budget requests of the clerks of court.
707	Section 8.  Section 28.365, Florida Statutes, is created to
708	read:
709	28.365  Procurement.-The clerks of court are subject to the
710	procurement requirements and limitations of chapter 287 for
711	expenditures made pursuant to the budget provided for in ss.
712	28.35 and 28.36.
713	Section 9.  Section 28.37, Florida Statutes, is amended to
714	read:
715	28.37  Fines, fees, service charges, and costs remitted to
716	the state.-
717	(1)  Pursuant to s. 14(b), Art. V of the State
718	Constitution, selected salaries, costs, and expenses of the
719	state courts system and court-related functions shall be funded
720	from a portion of the revenues derived from statutory fines,
721	fees, service charges, and costs collected by the clerks of the
722	court.
723	(2)  Beginning July 1, 2011, except as otherwise provided
724	in ss. 28.241 and 34.041, one-third of all fines, fees, service
725	charges, and court costs collected by the clerks of the court
726	during the prior month for the performance of court-related
727	functions shall be remitted to the Department of Revenue for
728	deposit into the department's Clerks of the Court Trust Fund.
729	Such collections do not include funding received for the
730	operation of the Title IV-D child support collections and
731	disbursement program. The clerk of the court shall remit the
732	revenues collected during the prior month due to the state on or
733	before the 20th day of each month. The Department of Revenue
734	shall make a monthly transfer to the General Revenue Fund of the
735	funds in the department's Clerks of the Court Trust Fund that
736	are not needed to resolve clerk of the court revenue deficits,
737	as specified in s. 28.36.
738	(3)  Beginning January 1, 2012, and each January 1
739	thereafter for the preceding county fiscal year of October 1
740	through September 30, the clerk of the court shall remit to the
741	Department of Revenue for deposit in the General Revenue Fund
742	the cumulative excess of all fines, fees, service charges, and
743	court costs retained by the clerks of the court, plus any funds
744	received by the clerks of the court from the department's Clerks
745	of the Court Trust Fund under s. 28.36(4)(a), that exceed the
746	amount needed to meet the approved budget amounts established
747	under s. 28.36.
748	(4)  The Department of Revenue shall collect any funds that
749	the Florida Clerks of Court Operations Corporation determines
750	upon investigation were due on January 1 but not remitted to the
751	department Except as otherwise provided in ss. 28.241 and
752	34.041, all court-related fines, fees, service charges, and
753	costs are considered state funds and shall be remitted by the
754	clerk to the Department of Revenue for deposit into the Clerks
755	of the Court Trust Fund within the Justice Administrative
756	Commission. However, 10 percent of all court-related fines
757	collected by the clerk shall be deposited into the clerk's
758	Public Records Modernization Trust Fund to be used exclusively
759	for additional clerk court-related operational needs and program
760	enhancements.
761	Section 10.  Subsection (1) of section 28.43, Florida
762	Statutes, is amended to read:
763	28.43  Adoption of rules relating to ss. 28.35, 28.36, and
764	28.37.-
765	(1)  The Department of Revenue may adopt rules necessary to
766	carry out its responsibilities in ss. 28.35, 28.36, and 28.37.
767	The rules shall include forms and procedures for transferring
768	funds from the clerks of the court to the Clerks of the Court
769	Trust Fund within the Department of Revenue Justice
770	Administrative Commission.
771	Section 11.  Paragraph (b) of subsection (1) of section
772	34.041, Florida Statutes, is amended to read:
773	34.041  Filing fees.-
774	(1)
775	(b)  The first $80 of the filing fee collected under
776	subparagraph (a)4. shall be remitted to the Department of
777	Revenue for deposit into the General Revenue Fund. The next $15
778	of the filing fee collected under subparagraph (a)4., and the
779	first $10 of the filing fee collected under subparagraph (a)7.,
780	shall be deposited in the state courts' Mediation and
781	Arbitration Trust Fund. One-third of any filing fees collected
782	by the clerk under this section in excess of the first $95
783	collected under subparagraph (a)4. shall be remitted to the
784	Department of Revenue for deposit into the department's Clerks
785	of the Court Trust Fund. An additional filing fee of $4 shall be
786	paid to the clerk. The clerk shall transfer $3.50 to the
787	Department of Revenue for deposit into the Court Education Trust
788	Fund and shall transfer 50 cents to the Department of Revenue
789	for deposit into the department's Clerks of the Court Trust Fund
790	within the Justice Administrative Commission to fund clerk
791	education. Postal charges incurred by the clerk of the county
792	court in making service by mail on defendants or other parties
793	shall be paid by the party at whose instance service is made.
794	Except as provided herein, filing fees and service charges for
795	performing duties of the clerk relating to the county court
796	shall be as provided in ss. 28.24 and 28.241. Except as
797	otherwise provided herein, all filing fees shall be retained as
798	fee income of the office of the clerk of the circuit court
799	remitted to the Department of Revenue for deposit into the
800	Clerks of the Court Trust Fund within the Justice Administrative
801	Commission. Filing fees imposed by this section may not be added
802	to any penalty imposed by chapter 316 or chapter 318.
803	Section 12.  Subsection (5) of section 43.16, Florida
804	Statutes, is amended to read:
805	43.16  Justice Administrative Commission; membership,
806	powers and duties.-
807	(5)  The duties of the commission shall include, but not be
808	limited to, the following:
809	(a)  The maintenance of a central state office for
810	administrative services and assistance when possible to and on
811	behalf of the state attorneys and public defenders of Florida,
812	the capital collateral regional counsel of Florida, the criminal
813	conflict and civil regional counsel, and the Guardian Ad Litem
814	Program, and the Florida Clerks of Court Operations Corporation.
815	(b)  Each state attorney, public defender, criminal
816	conflict and civil regional counsel, and the Guardian Ad Litem
817	Program, and the Florida Clerks of Court Operations Corporation
818	shall continue to prepare necessary budgets, vouchers that
819	represent valid claims for reimbursement by the state for
820	authorized expenses, and other things incidental to the proper
821	administrative operation of the office, such as revenue
822	transmittals to the Chief Financial Officer and automated
823	systems plans, but will forward same to the commission for
824	recording and submission to the proper state officer. However,
825	when requested by a state attorney, a public defender, a
826	criminal conflict and civil regional counsel, or the Guardian Ad
827	Litem Program, the commission will either assist in the
828	preparation of budget requests, voucher schedules, and other
829	forms and reports or accomplish the entire project involved.
830	Section 13.  Paragraph (x) of subsection (2) of section
831	110.205, Florida Statutes, is amended to read:
832	110.205  Career service; exemptions.-
833	(2)  EXEMPT POSITIONS.-The exempt positions that are not
834	covered by this part include the following:
835	(x)  All officers and employees of the Justice
836	Administrative Commission, Office of the State Attorney, Office
837	of the Public Defender, regional offices of capital collateral
838	counsel, offices of criminal conflict and civil regional
839	counsel, and Statewide Guardian Ad Litem Office, including the
840	circuit guardian ad litem programs and the Florida Clerks of
841	Court Operations Corporation.
842	Section 14.  Subsections (2) and (3) of section 142.01,
843	Florida Statutes, are amended to read:
844	142.01  Fine and forfeiture fund; disposition of revenue;
845	clerk of the circuit court.-
846	(2)  All revenues received by the clerk in the fine and
847	forfeiture fund from court-related fees, fines, costs, and
848	service charges are considered state funds and shall be remitted
849	monthly to the Department of Revenue for deposit into the Clerks
850	of the Court Trust Fund within the Justice Administrative
851	Commission.
852	(2)(3)  Notwithstanding the provisions of this section, all
853	fines and forfeitures arising from operation of the provisions
854	of s. 318.1215 shall be disbursed in accordance with that
855	section.
856	Section 15.  Section 213.131, Florida Statutes, is amended
857	to read:
858	213.131  Clerks of the Court Trust Fund within the
859	Department of Revenue Justice Administrative Commission.-The
860	Clerks of the Court Trust Fund is created within the Department
861	of Revenue Justice Administrative Commission. Funds received by
862	the department from the clerks of court shall be credited to the
863	trust fund as provided in chapter 2001-122, Laws of Florida, to
864	be used for the purposes set forth in that act.
865	Section 16.  Paragraph (qq) of subsection (1) of section
866	216.011, Florida Statutes, is amended to read:
867	216.011  Definitions.-
868	(1)  For the purpose of fiscal affairs of the state,
869	appropriations acts, legislative budgets, and approved budgets,
870	each of the following terms has the meaning indicated:
871	(qq)  "State agency" or "agency" means any official,
872	officer, commission, board, authority, council, committee, or
873	department of the executive branch of state government. For
874	purposes of this chapter and chapter 215, "state agency" or
875	"agency" includes, but is not limited to, state attorneys,
876	public defenders, criminal conflict and civil regional counsel,
877	capital collateral regional counsel, the Florida Clerks of Court
878	Operations Corporation, the Justice Administrative Commission,
879	the Florida Housing Finance Corporation, and the Florida Public
880	Service Commission. Solely for the purposes of implementing s.
881	19(h), Art. III of the State Constitution, the terms "state
882	agency" or "agency" include the judicial branch.
883	Section 17.  For the period of July 1, 2011, through
884	September 30, 2011, the approved budget for the clerks of the
885	circuit court shall be $112,845,078. The Clerks of Court
886	Operations Corporation shall determine budget amounts for the
887	individual clerks.
888	Section 18.  This act shall take effect July 1, 2011.

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