Florida Senate - 2012                                    SB 1166
       
       
       
       By Senator Simmons
       
       
       
       
       22-00667-12                                           20121166__
    1                        A bill to be entitled                      
    2         An act relating to clerks of court; amending s.
    3         24.115, F.S.; requiring the Department of the Lottery
    4         to use the Comprehensive Case Information System of
    5         the Florida Association of Court Clerks and
    6         Comptroller, Inc., to determine whether a prize winner
    7         owes outstanding fines, fees, or court costs to the
    8         state; amending s. 27.52, F.S.; authorizing the clerk
    9         of court to review the property records and motor
   10         vehicle records to determine whether an applicant for
   11         the appointment of a public defender is indigent;
   12         deleting a requirement that the clerk conduct the
   13         review; amending s. 28.24, F.S.; deleting a
   14         requirement for the clerks of the circuit courts to
   15         participate in the Comprehensive Case Information
   16         System; creating s. 28.2405, F.S.; requiring clerks of
   17         the circuit courts to use the Comprehensive Case
   18         Information System and to submit data to the system
   19         based on case types designated by the Supreme Court of
   20         Florida; amending s. 28.241, F.S.; providing that
   21         filing fees and fees to reopen a proceeding are due at
   22         the time a party files a pleading to initiate a
   23         proceeding; requiring the clerk of court to pursue the
   24         collection of fees that are not timely paid; revising
   25         the circumstances under which a fee to reopen a case
   26         applies; exempting a person from paying a reopen fee
   27         for filing a motion to enforce a stipulation or a
   28         motion for contempt; authorizing the clerk of court to
   29         charge a fee to issue an electronic certified copy of
   30         a summons; amending s. 28.246, F.S.; requiring that
   31         the circuit court order a prisoner to make monthly
   32         payments for court-related costs under certain
   33         circumstances; requiring that the Department of
   34         Corrections or the local detention facility place a
   35         lien on the prisoner’s trust account for the full
   36         amount of the costs and to forward payments from the
   37         trust account to the appropriate clerk of the court;
   38         amending s. 34.041, F.S.; requiring the party filing a
   39         case in county court to pay all filing and reopen fees
   40         at the time of filing; requiring the clerk to pursue
   41         collection of the fees if the fees are not paid at the
   42         time of filing; authorizing the clerk of court to
   43         charge a fee for issuing an electronic certified copy
   44         of a summons; revising the circumstances under which a
   45         fee to reopen a case applies; exempting a party from
   46         paying a reopen fee for filing motions to enforce
   47         stipulations and motions for contempt; amending s.
   48         45.035, F.S.; requiring a plaintiff to pay a
   49         rescheduling fee to the clerk on each occasion a sale
   50         of real or personal property under an order or
   51         judgment is rescheduled; requiring the rescheduling
   52         fee to be assessed as costs; requiring the plaintiff
   53         to pay the rescheduling fee to the court before the
   54         sale; amending s. 57.081, F.S.; providing that a
   55         person who receives a certification of indigence with
   56         respect to a proceeding is not required to pay charges
   57         to issue a summons; amending s. 57.082, F.S.;
   58         requiring that a court order a prisoner to make
   59         monthly payments for court-related costs under certain
   60         circumstances; requiring that the Department of
   61         Corrections or the local detention facility place a
   62         lien on the prisoner’s trust account for the full
   63         amount of the costs and to forward payments from the
   64         trust account to the appropriate clerk of the court;
   65         amending s. 95.11, F.S.; providing that an action to
   66         collect any court costs or fines owed to the state may
   67         be commenced at any time; amending s. 112.3173, F.S.;
   68         providing for the duty of a clerk of court to notify
   69         the Commission on Ethics of certain proceedings
   70         involving public officers or employees to arise after
   71         the clerk is advised by the state attorney that the
   72         defendant is a public officer or employee who is
   73         alleged to have committed a qualifying offense;
   74         amending s. 318.18, F.S.; requiring that the signature
   75         of the person designated to represent a community
   76         service agency be notarized on letterhead that
   77         indicates the number of hours of community service
   78         completed and the date the community service hours
   79         were completed by a person who is ordered to perform
   80         community service as a penalty for a noncriminal
   81         disposition pursuant to s. 318.14, F.S., or a criminal
   82         offense listed in s. 318.17, F.S.; amending s. 668.50,
   83         F.S.; deleting the exemption from the Uniform
   84         Electronic Transaction Act for transactions governed
   85         by rules relating to judicial procedure; amending s.
   86         733.707, F.S.; specifying the priority of payment of
   87         unpaid court costs, fees, or fines by a decedent’s
   88         estate; amending s. 893.11, F.S.; deleting a
   89         requirement that a clerk of court send criminal
   90         conviction information to the state agency that has
   91         issued a business or professional license to a person
   92         who is convicted of certain types of criminal
   93         offenses; requiring state agencies that issue business
   94         or professional licenses to use the Comprehensive Case
   95         Information System to obtain information relating to
   96         criminal convictions of licensees; requiring the clerk
   97         of court to provide certified copies of judgments to
   98         licensing agencies upon request; defining the term
   99         “business or professional license”; amending s.
  100         938.27, F.S.; authorizing a court to require a
  101         defendant to pay the costs of prosecution and
  102         investigation pursuant to a payment plan under s.
  103         28.246, F.S., relating to payment of court-related
  104         fees, charges, and costs; amending s. 938.30, F.S.;
  105         requiring that a court order a prisoner to make
  106         monthly payments for court-related costs under certain
  107         circumstances; requiring that the Department of
  108         Corrections or the local detention facility place a
  109         lien on the prisoner’s trust account for the full
  110         amount of the costs and to forward payments from the
  111         trust account to the appropriate clerk of the court;
  112         providing that criminal or civil judgment and related
  113         costs are a civil lien against the judgment debtor’s
  114         presently owned or after-acquired real or personal
  115         property if the judgment is recorded; providing an
  116         exception to rerecording requirements; requiring that
  117         the clerk of court enforce, satisfy, compromise,
  118         settle, subordinate, release, or otherwise dispose of
  119         any debts or lien imposed and collected in the same
  120         manner as for an indigent defendant-recipient;
  121         amending s. 947.181, F.S.; providing that the Parole
  122         Commission require as a condition of parole the
  123         payment of fines, fees, or other court-ordered costs
  124         under certain circumstances; requiring that the
  125         commission state on record the reasons for not
  126         requiring the full payment of the fines, fees, or
  127         other court-ordered costs; providing an effective
  128         date.
  129  
  130  Be It Enacted by the Legislature of the State of Florida:
  131  
  132         Section 1. Subsection (4) of section 24.115, Florida
  133  Statutes, is amended to read:
  134         24.115 Payment of prizes.—
  135         (4)(a) It is the responsibility of the appropriate state
  136  agency and of the judicial branch to identify to the department,
  137  in the form and format prescribed by the department, persons
  138  owing an outstanding debt to any state agency or owing child
  139  support collected through a court, including spousal support or
  140  alimony for the spouse or former spouse of the obligor if the
  141  child support obligation is being enforced by the Department of
  142  Revenue.
  143         (b) Notwithstanding paragraph (a), the department must use
  144  the Comprehensive Case Information System of the Florida
  145  Association of Court Clerks and Comptroller, Inc., to determine
  146  whether a prize winner owes outstanding fines, fees, or court
  147  costs to the state, before it may pay a prize of $600 or more.
  148         (c) Before Prior to the payment of a prize of $600 or more
  149  to any claimant having such an outstanding obligation, the
  150  department shall transmit the amount of the debt to the agency
  151  claiming the debt or owed the debt as shown on the Comprehensive
  152  Case Information System and shall authorize payment of the
  153  balance to the prize winner after deduction of the debt. If a
  154  prize winner owes multiple debts subject to offset under this
  155  subsection and the prize is insufficient to cover all such
  156  debts, the amount of the prize shall be transmitted first to the
  157  agency claiming that past due child support is owed. If a
  158  balance of lottery prize remains after payment of past due child
  159  support, the remaining lottery prize amount shall be transmitted
  160  to other agencies owed claiming debts owed to the state, pro
  161  rata, based upon the ratio of the individual debt to the
  162  remaining debt owed to the state.
  163         Section 2. Paragraph (a) of subsection (2) of section
  164  27.52, Florida Statutes, is amended to read:
  165         27.52 Determination of indigent status.—
  166         (2) DETERMINATION BY THE CLERK.—The clerk of the court
  167  shall determine whether an applicant seeking appointment of a
  168  public defender is indigent based upon the information provided
  169  in the application and the criteria prescribed in this
  170  subsection.
  171         (a)1. An applicant, including an applicant who is a minor
  172  or an adult tax-dependent person, is indigent if the applicant’s
  173  income is equal to or below 200 percent of the then-current
  174  federal poverty guidelines prescribed for the size of the
  175  household of the applicant by the United States Department of
  176  Health and Human Services or if the person is receiving
  177  Temporary Assistance for Needy Families-Cash Assistance,
  178  poverty-related veterans’ benefits, or Supplemental Security
  179  Income (SSI).
  180         2.a. There is a presumption that the applicant is not
  181  indigent if the applicant owns, or has equity in, any intangible
  182  or tangible personal property or real property or the expectancy
  183  of an interest in any such property having a net equity value of
  184  $2,500 or more, excluding the value of the person’s homestead
  185  and one vehicle having a net value not exceeding $5,000.
  186         b. Notwithstanding the information that the applicant
  187  provides, the clerk may shall conduct a review of the property
  188  records for the county in which the applicant resides and the
  189  motor vehicle title records of the state to identify any
  190  property interests of the applicant under this subparagraph. The
  191  clerk may shall evaluate and consider the results of the review
  192  in making a determination under this subsection. If the review
  193  is completed by the clerk, the clerk shall maintain the results
  194  of the review in a file with the application and provide the
  195  file to the court if the applicant seeks review under subsection
  196  (4) of the clerk’s determination of indigent status.
  197         Section 3. Paragraph (e) of subsection (12) of section
  198  28.24, Florida Statutes, is amended to read:
  199         28.24 Service charges by clerk of the circuit court.—The
  200  clerk of the circuit court shall charge for services rendered by
  201  the clerk’s office in recording documents and instruments and in
  202  performing the duties enumerated in amounts not to exceed those
  203  specified in this section. Notwithstanding any other provision
  204  of this section, the clerk of the circuit court shall provide
  205  without charge to the state attorney, public defender, guardian
  206  ad litem, public guardian, attorney ad litem, criminal conflict
  207  and civil regional counsel, and private court-appointed counsel
  208  paid by the state, and to the authorized staff acting on behalf
  209  of each, access to and a copy of any public record, if the
  210  requesting party is entitled by law to view the exempt or
  211  confidential record, as maintained by and in the custody of the
  212  clerk of the circuit court as provided in general law and the
  213  Florida Rules of Judicial Administration. The clerk of the
  214  circuit court may provide the requested public record in an
  215  electronic format in lieu of a paper format when capable of
  216  being accessed by the requesting entity.
  217  
  218  Charges
  219  
  220         (12) For recording, indexing, and filing any instrument not
  221  more than 14 inches by 8 1/2 inches, including required notice
  222  to property appraiser where applicable:
  223         (e) An additional service charge of $4 per page shall be
  224  paid to the clerk of the circuit court for each instrument
  225  listed in s. 28.222, except judgments received from the courts
  226  and notices of lis pendens, recorded in the official records.
  227  From the additional $4 service charge collected:
  228         1. If the counties maintain legal responsibility for the
  229  costs of the court-related technology needs as defined in s.
  230  29.008(1)(f)2. and (h), 10 cents shall be distributed to the
  231  Florida Association of Court Clerks and Comptroller, Inc., for
  232  the cost of development, implementation, operation, and
  233  maintenance of the clerks’ Comprehensive Case Information
  234  System, in which system all clerks shall participate on or
  235  before January 1, 2006; $1.90 shall be retained by the clerk to
  236  be deposited in the Public Records Modernization Trust Fund and
  237  used exclusively for funding court-related technology needs of
  238  the clerk as defined in s. 29.008(1)(f)2. and (h); and $2 shall
  239  be distributed to the board of county commissioners to be used
  240  exclusively to fund court-related technology, and court
  241  technology needs as defined in s. 29.008(1)(f)2. and (h) for the
  242  state trial courts, state attorney, public defender, and
  243  criminal conflict and civil regional counsel in that county. If
  244  the counties maintain legal responsibility for the costs of the
  245  court-related technology needs as defined in s. 29.008(1)(f)2.
  246  and (h), notwithstanding any other provision of law, the county
  247  is not required to provide additional funding beyond that
  248  provided herein for the court-related technology needs of the
  249  clerk as defined in s. 29.008(1)(f)2. and (h). All court records
  250  and official records are the property of the State of Florida,
  251  including any records generated as part of the Comprehensive
  252  Case Information System funded pursuant to this paragraph and
  253  the clerk of court is designated as the custodian of such
  254  records, except in a county where the duty of maintaining
  255  official records exists in a county office other than the clerk
  256  of court or comptroller, such county office is designated the
  257  custodian of all official records, and the clerk of court is
  258  designated the custodian of all court records. The clerk of
  259  court or any entity acting on behalf of the clerk of court,
  260  including an association, shall not charge a fee to any agency
  261  as defined in s. 119.011, the Legislature, or the State Court
  262  System for copies of records generated by the Comprehensive Case
  263  Information System or held by the clerk of court or any entity
  264  acting on behalf of the clerk of court, including an
  265  association.
  266         2. If the state becomes legally responsible for the costs
  267  of court-related technology needs as defined in s.
  268  29.008(1)(f)2. and (h), whether by operation of general law or
  269  by court order, $4 shall be remitted to the Department of
  270  Revenue for deposit into the General Revenue Fund.
  271         Section 4. Section 28.2405, Florida Statutes, is created to
  272  read:
  273         28.2405Comprehensive Case Information System.—All clerks
  274  of the circuit court shall participate in the Comprehensive Case
  275  Information System of the Florida Association of Clerks and
  276  Comptroller, Inc., and shall submit electronic case data to the
  277  system based on the case types designated by the Supreme Court.
  278         Section 5. Subsection (1) of section 28.241, Florida
  279  Statutes, is amended to read:
  280         28.241 Filing fees for trial and appellate proceedings.—
  281         (1) Filing fees are due at the time a party files a
  282  pleading to initiate a proceeding or files a pleading for
  283  relief, and reopen fees are due at the time a party files a
  284  pleading to reopen a proceeding. If a fee is not paid upon the
  285  filing of the pleading, the clerk shall pursue collection of the
  286  fee pursuant to s. 28.246.
  287         (a)1.a. Except as provided in sub-subparagraph b. and
  288  subparagraph 2., the party instituting any civil action, suit,
  289  or proceeding in the circuit court shall pay to the clerk of
  290  that court a filing fee of up to $395 in all cases in which
  291  there are not more than five defendants and an additional filing
  292  fee of up to $2.50 for each defendant in excess of five. Of the
  293  first $280 in filing fees, $80 must be remitted by the clerk to
  294  the Department of Revenue for deposit into the General Revenue
  295  Fund, $195 must be remitted to the Department of Revenue for
  296  deposit into the State Courts Revenue Trust Fund, $3.50 must be
  297  remitted to the Department of Revenue for deposit into the
  298  Clerks of the Court Trust Fund within the Justice Administrative
  299  Commission and used to fund the Florida Clerks of Court
  300  Operations Corporation created in s. 28.35, and $1.50 shall be
  301  remitted to the Department of Revenue for deposit into the
  302  Administrative Trust Fund within the Department of Financial
  303  Services to fund clerk budget reviews conducted by the
  304  Department of Financial Services. One third of any filing fees
  305  collected by the clerk of the circuit court in excess of $100
  306  shall be remitted to the Department of Revenue for deposit into
  307  the Clerks of the Court Trust Fund within the Justice
  308  Administrative Commission.
  309         b. The party instituting any civil action, suit, or
  310  proceeding in the circuit court under chapter 39, chapter 61,
  311  chapter 741, chapter 742, chapter 747, chapter 752, or chapter
  312  753 shall pay to the clerk of that court a filing fee of up to
  313  $295 in all cases in which there are not more than five
  314  defendants and an additional filing fee of up to $2.50 for each
  315  defendant in excess of five. Of the first $180 in filing fees,
  316  $80 must be remitted by the clerk to the Department of Revenue
  317  for deposit into the General Revenue Fund, $95 must be remitted
  318  to the Department of Revenue for deposit into the State Courts
  319  Revenue Trust Fund, $3.50 must be remitted to the Department of
  320  Revenue for deposit into the Clerks of the Court Trust Fund
  321  within the Justice Administrative Commission and used to fund
  322  the Florida Clerks of Court Operations Corporation created in s.
  323  28.35, and $1.50 shall be remitted to the Department of Revenue
  324  for deposit into the Administrative Trust Fund within the
  325  Department of Financial Services to fund clerk budget reviews
  326  conducted by the Department of Financial Services.
  327         c. An additional filing fee of $4 shall be paid to the
  328  clerk. The clerk shall remit $3.50 to the Department of Revenue
  329  for deposit into the Court Education Trust Fund and shall remit
  330  50 cents to the Department of Revenue for deposit into the
  331  Clerks of the Court Trust Fund within the Justice Administrative
  332  Commission to fund clerk education. An additional filing fee of
  333  up to $18 shall be paid by the party seeking each severance that
  334  is granted. The clerk may impose an additional filing fee of up
  335  to $85 for all proceedings of garnishment, attachment, replevin,
  336  and distress. Postal charges incurred by the clerk of the
  337  circuit court in making service by certified or registered mail
  338  on defendants or other parties shall be paid by the party at
  339  whose instance service is made. No Additional fees, charges, or
  340  costs may not shall be added to the filing fees imposed under
  341  this section, except as authorized in this section or by general
  342  law.
  343         2.a. Notwithstanding the fees prescribed in subparagraph
  344  1., a party instituting a civil action in circuit court relating
  345  to real property or mortgage foreclosure shall pay a graduated
  346  filing fee based on the value of the claim.
  347         b. A party shall estimate in writing the amount in
  348  controversy of the claim upon filing the action. For purposes of
  349  this subparagraph, the value of a mortgage foreclosure action is
  350  based upon the principal due on the note secured by the
  351  mortgage, plus interest owed on the note and any moneys advanced
  352  by the lender for property taxes, insurance, and other advances
  353  secured by the mortgage, at the time of filing the foreclosure.
  354  The value shall also include the value of any tax certificates
  355  related to the property. In stating the value of a mortgage
  356  foreclosure claim, a party shall declare in writing the total
  357  value of the claim, as well as the individual elements of the
  358  value as prescribed in this sub-subparagraph.
  359         c. In its order providing for the final disposition of the
  360  matter, the court shall identify the actual value of the claim.
  361  The clerk shall adjust the filing fee if there is a difference
  362  between the estimated amount in controversy and the actual value
  363  of the claim and collect any additional filing fee owed or
  364  provide a refund of excess filing fee paid.
  365         d. The party shall pay a filing fee of:
  366         (I) Three hundred and ninety-five dollars in all cases in
  367  which the value of the claim is $50,000 or less and in which
  368  there are not more than five defendants. The party shall pay an
  369  additional filing fee of up to $2.50 for each defendant in
  370  excess of five. Of the first $280 in filing fees, $80 must be
  371  remitted by the clerk to the Department of Revenue for deposit
  372  into the General Revenue Fund, $195 must be remitted to the
  373  Department of Revenue for deposit into the State Courts Revenue
  374  Trust Fund, $3.50 must be remitted to the Department of Revenue
  375  for deposit into the Clerks of the Court Trust Fund within the
  376  Justice Administrative Commission and used to fund the Florida
  377  Clerks of Court Operations Corporation created in s. 28.35, and
  378  $1.50 shall be remitted to the Department of Revenue for deposit
  379  into the Administrative Trust Fund within the Department of
  380  Financial Services to fund clerk budget reviews conducted by the
  381  Department of Financial Services;
  382         (II) Nine hundred dollars in all cases in which the value
  383  of the claim is more than $50,000 but less than $250,000 and in
  384  which there are not more than five defendants. The party shall
  385  pay an additional filing fee of up to $2.50 for each defendant
  386  in excess of five. Of the first $785 in filing fees, $80 must be
  387  remitted by the clerk to the Department of Revenue for deposit
  388  into the General Revenue Fund, $700 must be remitted to the
  389  Department of Revenue for deposit into the State Courts Revenue
  390  Trust Fund, $3.50 must be remitted to the Department of Revenue
  391  for deposit into the Clerks of the Court Trust Fund within the
  392  Justice Administrative Commission and used to fund the Florida
  393  Clerks of Court Operations Corporation described in s. 28.35,
  394  and $1.50 shall be remitted to the Department of Revenue for
  395  deposit into the Administrative Trust Fund within the Department
  396  of Financial Services to fund clerk budget reviews conducted by
  397  the Department of Financial Services; or
  398         (III) One thousand nine hundred dollars in all cases in
  399  which the value of the claim is $250,000 or more and in which
  400  there are not more than five defendants. The party shall pay an
  401  additional filing fee of up to $2.50 for each defendant in
  402  excess of five. Of the first $1,785 in filing fees, $80 must be
  403  remitted by the clerk to the Department of Revenue for deposit
  404  into the General Revenue Fund, $1,700 must be remitted to the
  405  Department of Revenue for deposit into the State Courts Revenue
  406  Trust Fund, $3.50 must be remitted to the Department of Revenue
  407  for deposit into the Clerks of the Court Trust Fund within the
  408  Justice Administrative Commission to fund the Florida Clerks of
  409  Court Operations Corporation created in s. 28.35, and $1.50
  410  shall be remitted to the Department of Revenue for deposit into
  411  the Administrative Trust Fund within the Department of Financial
  412  Services to fund clerk budget reviews conducted by the
  413  Department of Financial Services.
  414         e. An additional filing fee of $4 shall be paid to the
  415  clerk. The clerk shall remit $3.50 to the Department of Revenue
  416  for deposit into the Court Education Trust Fund and shall remit
  417  50 cents to the Department of Revenue for deposit into the
  418  Clerks of the Court Trust Fund within the Justice Administrative
  419  Commission to fund clerk education. An additional filing fee of
  420  up to $18 shall be paid by the party seeking each severance that
  421  is granted. The clerk may impose an additional filing fee of up
  422  to $85 for all proceedings of garnishment, attachment, replevin,
  423  and distress. Postal charges incurred by the clerk of the
  424  circuit court in making service by certified or registered mail
  425  on defendants or other parties shall be paid by the party at
  426  whose instance service is made. No Additional fees, charges, or
  427  costs may not shall be added to the filing fees imposed under
  428  this section, except as authorized in this section or by general
  429  law.
  430         (b) A party reopening any civil action, suit, or proceeding
  431  in the circuit court shall pay to the clerk of court a filing
  432  fee set by the clerk in an amount not to exceed $50. For
  433  purposes of this section, a case is reopened after all appeals
  434  have been exhausted, or time to file an appeal from a final
  435  order or final judgment has expired. A reopen fee may not be
  436  assessed by the clerk for any motion filed by any party until 90
  437  days after a final order or final judgment has been filed with
  438  the clerk. When the case has been reopened, an additional reopen
  439  fee may not be assessed until the reopened matter is resolved. A
  440  reservation of jurisdiction by a court does not cause a case to
  441  remain open for purposes of this section or exempt a party from
  442  paying a reopen fee when a case previously reported as disposed
  443  of is resubmitted to a court and includes petitions for
  444  modification of a final judgment of dissolution. A party is
  445  exempt from paying the fee for any of the following:
  446         1. A writ of garnishment;
  447         2. A writ of replevin;
  448         3. A distress writ;
  449         4. A writ of attachment;
  450         5. A motion for rehearing filed within 10 days;
  451         6. A motion for attorney’s fees filed within 30 days after
  452  entry of a judgment or final order;
  453         7. A motion for dismissal filed after a mediation agreement
  454  has been filed;
  455         8. A disposition of personal property without
  456  administration;
  457         9. Any probate case prior to the discharge of a personal
  458  representative;
  459         10. Any guardianship pleading prior to discharge;
  460         11. Any mental health pleading;
  461         12. Motions to withdraw by attorneys;
  462         13. Motions exclusively for the enforcement of child
  463  support orders;
  464         14. A petition for credit of child support;
  465         15. A Notice of Intent to Relocate and any order issuing as
  466  a result of an uncontested relocation;
  467         16. Stipulations and motions to enforce stipulations;
  468         17. Responsive pleadings; or
  469         18. Cases in which there is no initial filing fee; or
  470         19. Motions for contempt.
  471         (c)1. A party in addition to a party described in sub
  472  subparagraph (a)1.a. who files a pleading in an original civil
  473  action in circuit court for affirmative relief by cross-claim,
  474  counterclaim, counterpetition, or third-party complaint shall
  475  pay the clerk of court a fee of $395. A party in addition to a
  476  party described in sub-subparagraph (a)1.b. who files a pleading
  477  in an original civil action in circuit court for affirmative
  478  relief by cross-claim, counterclaim, counterpetition, or third
  479  party complaint shall pay the clerk of court a fee of $295. The
  480  clerk shall remit the fee to the Department of Revenue for
  481  deposit into the General Revenue Fund.
  482         2. A party in addition to a party described in subparagraph
  483  (a)2. who files a pleading in an original civil action in
  484  circuit court for affirmative relief by cross-claim,
  485  counterclaim, counterpetition, or third-party complaint shall
  486  pay the clerk of court a graduated fee of:
  487         a. Three hundred and ninety-five dollars in all cases in
  488  which the value of the pleading is $50,000 or less;
  489         b. Nine hundred dollars in all cases in which the value of
  490  the pleading is more than $50,000 but less than $250,000; or
  491         c. One thousand nine hundred dollars in all cases in which
  492  the value of the pleading is $250,000 or more.
  493  
  494  The clerk shall remit the fees collected under this subparagraph
  495  to the Department of Revenue for deposit into the General
  496  Revenue Fund, except that the clerk shall remit $100 of the fee
  497  collected under sub-subparagraph a., $605 of the fee collected
  498  under sub-subparagraph b., and $1,605 of the fee collected under
  499  sub-subparagraph c. to the Department of Revenue for deposit
  500  into the State Courts Revenue Trust Fund.
  501         (d) The clerk of court shall collect a service charge of
  502  $10 for issuing an original, a certified copy, or an electronic
  503  certified copy of a summons. The clerk shall assess the fee
  504  against the party seeking to have the summons issued.
  505         Section 6. Subsection (4) of section 28.246, Florida
  506  Statutes, is amended to read:
  507         28.246 Payment of court-related fees, charges, and costs;
  508  partial payments; distribution of funds.—
  509         (4)(a) The clerk of the circuit court shall accept partial
  510  payments for court-related fees, service charges, costs, and
  511  fines in accordance with the terms of an established payment
  512  plan. An individual seeking to defer payment of fees, service
  513  charges, costs, or fines imposed by operation of law or order of
  514  the court under any provision of general law shall apply to the
  515  clerk for enrollment in a payment plan. The clerk shall enter
  516  into a payment plan with an individual who the court determines
  517  is indigent for costs. A monthly payment amount, calculated
  518  based upon all fees and all anticipated costs, is presumed to
  519  correspond to the person’s ability to pay if the amount does not
  520  exceed 2 percent of the person’s annual net income, as defined
  521  in s. 27.52(1), divided by 12. The court may review the
  522  reasonableness of the payment plan.
  523         (b) If court-related costs are assessed as part of a
  524  criminal judgment and sentence and the defendant is sentenced to
  525  serve time in custody, the court shall order the prisoner to
  526  make monthly payments of at least 20 percent of the balance of
  527  the prisoner’s trust account as payment of the court costs. The
  528  Department of Corrections or the local detention facility shall
  529  place a lien on the prisoner’s trust account for the full amount
  530  of the court-related costs. The department or the local facility
  531  shall withdraw money from the trust account when the balance
  532  exceeds $10 and forward the payment to the appropriate clerk of
  533  court until the court-related costs are paid in full.
  534         Section 7. Paragraphs (a) and (d) of subsection (1) and
  535  subsection (2) of section 34.041, Florida Statutes, are amended
  536  to read:
  537         34.041 Filing fees.—
  538         (1)(a) All filing and reopen fees shall be paid by the
  539  party filing the case at the time the case is filed. If the fee
  540  is not paid at that time, the clerk shall pursue collection of
  541  these filing fees pursuant to s. 28.246. Upon the institution of
  542  any civil action, suit, or proceeding in county court, the party
  543  shall pay the following filing fee, not to exceed:
  544         1. For all claims less than $100.....................$50.
  545         2. For all claims of $100 or more but not more
  546  than $500...................................................$75.
  547         3. For all claims of more than $500 but not more than
  548  $2,500.....................................................$170.
  549         4. For all claims of more than $2,500...............$295.
  550         5. In addition, for all proceedings of garnishment,
  551  attachment, replevin, and distress..........................$85.
  552         6. Notwithstanding subparagraphs 3. and 5., for all claims
  553  of not more than $1,000 filed simultaneously with an action for
  554  replevin of property that is the subject of the claim......$125.
  555         7. For removal of tenant action.....................$180.
  556  
  557  The filing fee in subparagraph 6. is the total fee due under
  558  this paragraph for that type of filing, and no other filing fee
  559  under this paragraph may be assessed against such a filing.
  560         (d) The clerk of court shall collect a service charge of
  561  $10 for issuing a summons or an electronic certified copy of a
  562  summons. The clerk shall assess the fee against the party
  563  seeking to have the summons issued.
  564         (2) A party reopening any civil action, suit, or proceeding
  565  in the county court shall pay to the clerk of court a filing fee
  566  set by the clerk in an amount not to exceed $25 for all claims
  567  of not more than $500 and an amount not to exceed $50 for all
  568  claims of more than $500. For purposes of this section, a case
  569  is reopened after all appeals have been exhausted, or time to
  570  file an appeal from a final order or final judgment has expired.
  571  A reopen fee may not be assessed by the clerk for any motion
  572  filed by any party until 90 days after a final order or final
  573  judgment has been filed with the clerk. If the case has been
  574  reopened, an additional reopen fee may not be assessed until the
  575  reopened matter is resolved. A court’s reservation of
  576  jurisdiction does not have any effect on whether a case is
  577  reopened for the purposes of this section when a case previously
  578  reported as disposed of is resubmitted to a court. A party is
  579  exempt from paying the fee for any of the following:
  580         (a) A writ of garnishment;
  581         (b) A writ of replevin;
  582         (c) A distress writ;
  583         (d) A writ of attachment;
  584         (e) A motion for rehearing filed within 10 days;
  585         (f) A motion for attorney’s fees filed within 30 days of
  586  the entry of the judgment or final order;
  587         (g) A motion for dismissal filed after a mediation
  588  agreement has been filed;
  589         (h) A motion to withdraw by attorneys;
  590         (i) Stipulations and motions to enforce stipulations; or
  591         (j) Responsive pleadings; or
  592         (k) Motions for contempt.
  593         Section 8. Subsection (4) is added to section 45.035,
  594  Florida Statutes, to read:
  595         45.035 Clerk’s fees.—In addition to other fees or service
  596  charges authorized by law, the clerk shall receive service
  597  charges related to the judicial sales procedure set forth in ss.
  598  45.031-45.034 and this section:
  599         (4) If the sale is rescheduled for any reason, the
  600  plaintiff shall pay a rescheduling fee of $70 to the clerk on
  601  each occasion the sale is rescheduled. This rescheduling fee
  602  must be assessed as costs, and the plaintiff shall pay this fee
  603  to the court before the sale.
  604         Section 9. Subsection (1) of section 57.081, Florida
  605  Statutes, is amended to read:
  606         57.081 Costs; right to proceed where prepayment of costs
  607  and payment of filing fees waived.—
  608         (1) Any indigent person, except a prisoner as defined in s.
  609  57.085, who is a party or intervenor in any judicial or
  610  administrative agency proceeding or who initiates such
  611  proceeding shall receive the services of the courts, sheriffs,
  612  and clerks, with respect to such proceedings, despite his or her
  613  present inability to pay for these services. Such services are
  614  limited to filing fees; service of process; certified copies of
  615  orders or final judgments; a single photocopy of any court
  616  pleading, record, or instrument filed with the clerk; examining
  617  fees; mediation services and fees; private court-appointed
  618  counsel fees; subpoena fees and services; service charges for
  619  collecting and disbursing funds; and any other cost or service
  620  arising out of pending litigation. In any appeal from an
  621  administrative agency decision, for which the clerk is
  622  responsible for preparing the transcript, the clerk shall record
  623  the cost of preparing the transcripts and the cost for copies of
  624  any exhibits in the record. A party who has obtained a
  625  certification of indigence pursuant to s. 27.52 or s. 57.082
  626  with respect to a proceeding is not required to prepay costs to
  627  a court, clerk, or sheriff and is not required to pay filing
  628  fees or charges for issuance of a summons. Prepayment of costs
  629  to any court, clerk, or sheriff is not required and payment of
  630  filing fees is not required in any action if the party has
  631  obtained in each proceeding a certification of indigence in
  632  accordance with s. 27.52 or s. 57.082.
  633         Section 10. Present subsection (7) of section 57.082,
  634  Florida Statutes, is redesignated as subsection (8), and a new
  635  subsection (7) is added to that section, to read:
  636         57.082 Determination of civil indigent status.—
  637         (7) PRISONER INDIGENCE.—If the court finds that deferral of
  638  prepayment of court costs and fees under s. 57.085 is not
  639  applicable, the clerk shall proceed with a determination of
  640  indigency under this section. If the clerk finds the prisoner to
  641  be indigent and places the prisoner on a payment plan under
  642  subsection (5), the court shall order the prisoner to make
  643  monthly payments of at least 20 percent of the balance of the
  644  prisoner’s trust account as payment of court costs. The
  645  Department of Corrections or the local detention facility shall
  646  place a lien on the prisoner’s trust account for the full amount
  647  of the court-related costs. The department or the local facility
  648  shall withdraw funds from the trust account when the balance
  649  exceeds $10 and forward the payment to the appropriate clerk of
  650  court until the court-related costs are paid in full.
  651         Section 11. Subsection (11) is added to section 95.11,
  652  Florida Statutes, to read:
  653         95.11 Limitations other than for the recovery of real
  654  property.—Actions other than for recovery of real property shall
  655  be commenced as follows:
  656         (11) COURT COSTS AND FINES.—Notwithstanding subsection (1),
  657  an action to collect court costs or fines owed to the state may
  658  be commenced at any time.
  659         Section 12. Paragraph (a) of subsection (4) of section
  660  112.3173, Florida Statutes, is amended to read:
  661         112.3173 Felonies involving breach of public trust and
  662  other specified offenses by public officers and employees;
  663  forfeiture of retirement benefits.—
  664         (4) NOTICE.—
  665         (a) The clerk of a court in which a proceeding involving a
  666  specified offense is being conducted against a public officer or
  667  employee shall furnish notice of the proceeding to the
  668  Commission on Ethics after the state attorney advises the clerk
  669  that the defendant is a public officer or employee and that the
  670  defendant is alleged to have committed a qualifying offense.
  671  Such notice is sufficient if it is in the form of a copy of the
  672  indictment, information, or other document containing the
  673  charges. In addition, if a verdict of guilty is returned by a
  674  jury or by the court trying the case without a jury, or a plea
  675  of guilty or of nolo contendere is entered in the court by the
  676  public officer or employee, the clerk shall furnish a copy
  677  thereof to the Commission on Ethics.
  678         Section 13. Paragraph (b) of subsection (8) of section
  679  318.18, Florida Statutes, is amended to read:
  680         318.18 Amount of penalties.—The penalties required for a
  681  noncriminal disposition pursuant to s. 318.14 or a criminal
  682  offense listed in s. 318.17 are as follows:
  683         (8)
  684         (b)1.a. If a person has been ordered to pay a civil penalty
  685  for a noncriminal traffic infraction and the person is unable to
  686  comply with the court’s order due to demonstrable financial
  687  hardship, the court shall allow the person to satisfy the civil
  688  penalty by participating in community service until the civil
  689  penalty is paid.
  690         b. If a court orders a person to perform community service,
  691  the person shall receive credit for the civil penalty at the
  692  specified hourly credit rate per hour of community service
  693  performed, and each hour of community service performed shall
  694  reduce the civil penalty by that amount.
  695         2.a. As used in this paragraph, the term “specified hourly
  696  credit rate” means the wage rate that is specified in 29 U.S.C.
  697  s. 206(a)(1) under the federal Fair Labor Standards Act of 1938,
  698  that is then in effect, and that an employer subject to such
  699  provision must pay per hour to each employee subject to such
  700  provision.
  701         b. However, if a person ordered to perform community
  702  service has a trade or profession for which there is a community
  703  service need, the specified hourly credit rate for each hour of
  704  community service performed by that person shall be the average
  705  prevailing wage rate for the trade or profession that the
  706  community service agency needs.
  707         3.a. The community service agency supervising the person
  708  shall record the number of hours of community service completed
  709  and the date the community service hours were completed. The
  710  community service agency shall submit the data to the clerk of
  711  court on the letterhead of the community service agency, which
  712  must also bear the notarized signature of the person designated
  713  to represent the community service agency.
  714         b. When the number of community service hours completed by
  715  the person equals the amount of the civil penalty, the clerk of
  716  court shall certify this fact to the court. Thereafter, the
  717  clerk of court shall record in the case file that the civil
  718  penalty has been paid in full.
  719         4. As used in this paragraph, the term:
  720         a. “Community service” means uncompensated labor for a
  721  community service agency.
  722         b. “Community service agency” means a not-for-profit
  723  corporation, community organization, charitable organization,
  724  public officer, the state or any political subdivision of the
  725  state, or any other body the purpose of which is to improve the
  726  quality of life or social welfare of the community and which
  727  agrees to accept community service from persons unable to pay
  728  civil penalties for noncriminal traffic infractions.
  729         Section 14. Subsection (3) of section 668.50, Florida
  730  Statutes, is amended to read:
  731         668.50 Uniform Electronic Transaction Act.—
  732         (3) SCOPE.—
  733         (a) Except as otherwise provided in paragraph (b), this
  734  section applies to electronic records and electronic signatures
  735  relating to a transaction.
  736         (b) This section does not apply to a transaction to the
  737  extent the transaction is governed by:
  738         1. A provision of law governing the creation and execution
  739  of wills, codicils, or testamentary trusts;
  740         2. The Uniform Commercial Code other than s. 671.107 and
  741  chapters 672 and 680; or
  742         3. The Uniform Computer Information Transactions Act.; or
  743         4. Rules relating to judicial procedure.
  744         (c) This section applies to an electronic record or
  745  electronic signature otherwise excluded under paragraph (b) to
  746  the extent such record or signature is governed by a provision
  747  of law other than those specified in paragraph (b).
  748         (d) A transaction subject to this section is also subject
  749  to other applicable provisions of substantive law.
  750         Section 15. Paragraph (c) of subsection (1) of section
  751  733.707, Florida Statutes, is amended to read:
  752         733.707 Order of payment of expenses and obligations.—
  753         (1) The personal representative shall pay the expenses of
  754  the administration and obligations of the decedent’s estate in
  755  the following order:
  756         (c) Class 3.—Debts and taxes with preference under federal
  757  law, and claims pursuant to ss. 409.9101 and 414.28, and claims
  758  in favor of the state for unpaid court costs, fees, or fines.
  759         Section 16. Section 893.11, Florida Statutes, is amended to
  760  read:
  761         893.11 Suspension, revocation, and reinstatement of
  762  business and professional licenses.—A state agency must revoke
  763  or suspend the business or professional license of a person
  764  licensed by the agency if that person is convicted of a felony
  765  Upon the conviction in any court of competent jurisdiction of
  766  any person holding a license, permit, or certificate issued by a
  767  state agency, for the sale of, or trafficking in, a controlled
  768  substance or for conspiracy to sell, or traffic in, a controlled
  769  substance. A state agency that issues a business or professional
  770  license must use the Comprehensive Case Information System of
  771  the Florida Association of Court Clerks and Comptroller, Inc.,
  772  to obtain information relating to the conviction. The clerk of
  773  court shall provide certified copies of the judgment upon
  774  request to the agency., if such offense is a felony, the clerk
  775  of said court shall send a certified copy of the judgment of
  776  conviction with the person’s license number, permit number, or
  777  certificate number on the face of such certified copy to the
  778  agency head by whom the convicted defendant has received a
  779  license, permit, or certificate to practice his or her
  780  profession or to carry on his or her business. Such agency head
  781  shall suspend or revoke the license, permit, or certificate of
  782  the convicted defendant to practice his or her profession or to
  783  carry on his or her business. Upon a showing by any such
  784  convicted defendant whose business or professional license,
  785  permit, or certificate has been suspended or revoked pursuant to
  786  this section that his or her civil rights have been restored or
  787  upon a showing that the convicted defendant meets the following
  788  criteria, the agency head may reinstate or reactivate such
  789  license, permit, or certificate when:
  790         (1) The person has complied with the conditions of
  791  paragraphs (a) and (b) which shall be monitored by the
  792  Department of Corrections while the person is under any
  793  supervisory sanction. If the person fails to comply with
  794  provisions of these paragraphs by either failing to maintain
  795  treatment or by testing positive for drug use, the department
  796  shall notify the licensing, permitting, or certifying agency,
  797  which shall revoke the license, permit, or certification. The
  798  person under supervision may:
  799         (a) Seek evaluation and enrollment in, and once enrolled
  800  maintain enrollment in until completion, a drug treatment and
  801  rehabilitation program which is approved or regulated by the
  802  Department of Children and Family Services. The treatment and
  803  rehabilitation program shall be specified by:
  804         1. The court, in the case of court-ordered supervisory
  805  sanctions;
  806         2. The Parole Commission, in the case of parole, control
  807  release, or conditional release; or
  808         3. The Department of Corrections, in the case of
  809  imprisonment or any other supervision required by law.
  810         (b) Submit to periodic urine drug testing pursuant to
  811  procedures prescribed by the Department of Corrections. If the
  812  person is indigent, the costs shall be paid by the Department of
  813  Corrections; or
  814         (2) The person has successfully completed an appropriate
  815  program under the Correctional Education Program.
  816         (3) As used in this section, the term “business or
  817  professional license” includes any license, permit, or
  818  certificate that authorizes a person to practice his or her
  819  profession or to carry on his or her business. However, the term
  820  This section does not include apply to any of the taxes, fees,
  821  or permits regulated, controlled, or administered by the
  822  Department of Revenue in accordance with s. 213.05.
  823         Section 17. Paragraphs (a) and (b) of subsection (2) of
  824  section 938.27, Florida Statutes, are amended to read:
  825         938.27 Judgment for costs on conviction.—
  826         (2)(a) The court shall impose the costs of prosecution and
  827  investigation notwithstanding the defendant’s present ability to
  828  pay. The court shall require the defendant to pay the costs
  829  within a specified period or pursuant to a payment plan under s.
  830  28.246(4) in specified installments.
  831         (b) The end of such period or the last such installment
  832  must shall not be later than:
  833         1. The end of the period of probation or community control,
  834  if probation or community control is ordered;
  835         2. Five years after the end of the term of imprisonment
  836  imposed, if the court does not order probation or community
  837  control; or
  838         3. Five years after the date of sentencing in any other
  839  case.
  840  
  841  However, in no event shall the obligation to pay any unpaid
  842  amounts does not expire if not paid in full within the period
  843  specified in this paragraph.
  844         Section 18. Present subsections (6), (7), (8), (9), (10),
  845  (11), and (12) of section 938.30, Florida Statutes, are
  846  renumbered as subsections (7), (10), (11), (12), (13), (14), and
  847  (15), respectively, and new subsections (6), (8), and (9) are
  848  added to that section, to read:
  849         938.30 Financial obligations in criminal cases;
  850  supplementary proceedings.—
  851         (6) The court may order a prisoner, as defined in s.
  852  57.085(1), to make monthly payments of at least 20 percent of
  853  the balance of the prisoner’s trust account as payment of court
  854  related costs. If the court orders such payment, the Department
  855  of Corrections or the local detention facility shall place a
  856  lien on the prisoner’s trust account for the full amount of the
  857  court-related costs. The department or the local facility shall
  858  withdraw funds from the trust account when the balance exceeds
  859  $10 and forward the payment to the appropriate clerk of court
  860  until the court-related costs are paid in full.
  861         (8) If a criminal or civil judgment has previously been
  862  entered on a court-imposed financial obligation, the judgment
  863  constitutes a civil lien against the judgment debtor’s presently
  864  owned or after-acquired real or personal property when recorded
  865  pursuant to s. 55.10, except that a judgment on a court-imposed
  866  financial obligation is not subject to the 10-year rerecording
  867  requirement of s. 55.10. The judgment must secure all unpaid
  868  court-imposed financial obligations that are due and may accrue
  869  subsequent to the recording of the judgment, as well as interest
  870  and reasonable costs for issuing a satisfaction and recording
  871  the satisfaction in the official records.
  872         (9) The clerk shall enforce, satisfy, compromise, settle,
  873  subordinate, release, or otherwise dispose of any debts or liens
  874  imposed and collected under this section in the same manner as
  875  prescribed in s. 938.29(3).
  876         Section 19. Section 947.181, Florida Statutes, is amended
  877  to read:
  878         947.181 Fines, fees, restitution, or other costs ordered to
  879  be paid by a court Victim restitution as conditions condition of
  880  parole.—
  881         (1)(a) The Parole Commission shall require the payment of
  882  fines, fees, restitution, or other court-ordered costs as a
  883  condition of parole reparation or restitution to the aggrieved
  884  party for the damage or loss caused by the offense for which the
  885  parolee was imprisoned unless the commission finds reasons to
  886  the contrary. If the commission does not require the payment of
  887  fines, fees, restitution, or other court-ordered costs order
  888  restitution or requires orders only partial payment of the
  889  fines, fees, restitution, or other court-ordered costs
  890  restitution, the commission shall state on the record the
  891  reasons for its decision therefor. The amount of such reparation
  892  or restitution shall be determined by the Parole Commission.
  893         (2)(b) If the parolee fails to make the payments reparation
  894  or restitution to the aggrieved party as required authorized in
  895  subsection (1) paragraph (a), it shall be considered by the
  896  commission as a violation of parole as specified in s. 947.21
  897  and may be cause for revocation of her or his parole.
  898         (2) If a defendant is paroled, any restitution ordered
  899  under s. 775.089 shall be a condition of such parole. The Parole
  900  Commission may revoke parole if the defendant fails to comply
  901  with such order.
  902         (3) In determining whether to revoke parole, the Parole
  903  Commission shall consider the defendant’s employment status,
  904  earning ability, and financial resources; the willfulness of the
  905  defendant’s failure to pay; and any other special circumstances
  906  that may have a bearing on the defendant’s ability to pay.
  907         Section 20. This act shall take effect upon becoming a law.