Florida Senate - 2013 CONFERENCE COMMITTEE AMENDMENT
Bill No. SB 1512
Barcode 363208
LEGISLATIVE ACTION
Senate . House
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Floor: AD/CR .
05/03/2013 05:46 PM .
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The Conference Committee on SB 1512 recommended the following:
1 Senate Conference Committee Amendment (with title
2 amendment)
3
4 Delete everything after the enacting clause
5 and insert:
6 Section 1. The Clerks of the Court Trust Fund within the
7 Justice Administrative Commission, FLAIR number 21-2-588, is
8 transferred together with all balances in the fund to the
9 Department of Revenue.
10 Section 2. Subsection (6) of section 11.90, Florida
11 Statutes, is amended to read:
12 11.90 Legislative Budget Commission.—
13 (6) The commission shall have the power and duty to:
14 (a) Review and approve or disapprove budget amendments
15 recommended by the Governor or the Chief Justice of the Supreme
16 Court as provided in chapter 216.
17 (b) Develop the long-range financial outlook described in
18 s. 19, Art. III of the State Constitution.
19 (c) Review and approve, disapprove, or amend and approve
20 the budget of the Florida Clerks of Court Operations
21 Corporation.
22 (d) Review and approve, disapprove, or amend and approve
23 the total combined budgets of the clerks of the court or the
24 budget of any individual clerk of the court for court-related
25 functions. As part of this review the commission shall consider
26 the workload and expense data submitted pursuant to s. 28.35.
27 (e) In addition to the powers and duties specified in this
28 subsection, the commission shall Exercise all other powers and
29 perform any other duties prescribed by the Legislature.
30 Section 3. Paragraph (a) of subsection (1) of section
31 28.241, Florida Statutes, is amended to read:
32 28.241 Filing fees for trial and appellate proceedings.—
33 (1) Filing fees are due at the time a party files a
34 pleading to initiate a proceeding or files a pleading for
35 relief. Reopen fees are due at the time a party files a pleading
36 to reopen a proceeding if at least 90 days have elapsed since
37 the filing of a final order or final judgment with the clerk. If
38 a fee is not paid upon the filing of the pleading as required
39 under this section, the clerk shall pursue collection of the fee
40 pursuant to s. 28.246.
41 (a)1.a. Except as provided in sub-subparagraph b. and
42 subparagraph 2., the party instituting any civil action, suit,
43 or proceeding in the circuit court shall pay to the clerk of
44 that court a filing fee of up to $395 in all cases in which
45 there are not more than five defendants and an additional filing
46 fee of up to $2.50 for each defendant in excess of five. Of the
47 first $200 $280 in filing fees, $80 must be remitted by the
48 clerk to the Department of Revenue for deposit into the General
49 Revenue Fund, $195 must be remitted to the Department of Revenue
50 for deposit into the State Courts Revenue Trust Fund, $4 $3.50
51 must be remitted to the Department of Revenue for deposit into
52 the Administrative Clerks of the Court Trust Fund within the
53 Department of Financial Services Justice Administrative
54 Commission and used to fund the contract with the Florida Clerks
55 of Court Operations Corporation created in s. 28.35, and $1
56 $1.50 must be remitted to the Department of Revenue for deposit
57 into the Administrative Trust Fund within the Department of
58 Financial Services to fund audits of individual clerks’ court
59 related expenditures clerk budget reviews conducted by the
60 Department of Financial Services. By the 10th of each month, the
61 clerk shall submit that portion of the filing fees collected in
62 the previous month which is in excess of one-twelfth of the
63 clerk’s total budget One third of any filing fees collected by
64 the clerk of the circuit court in excess of $100 must be
65 remitted to the Department of Revenue for deposit into the
66 Clerks of the Court Trust Fund within the Justice Administrative
67 Commission.
68 b. The party instituting any civil action, suit, or
69 proceeding in the circuit court under chapter 39, chapter 61,
70 chapter 741, chapter 742, chapter 747, chapter 752, or chapter
71 753 shall pay to the clerk of that court a filing fee of up to
72 $295 in all cases in which there are not more than five
73 defendants and an additional filing fee of up to $2.50 for each
74 defendant in excess of five. Of the first $100 $180 in filing
75 fees, $80 must be remitted by the clerk to the Department of
76 Revenue for deposit into the General Revenue Fund, $95 must be
77 remitted to the Department of Revenue for deposit into the State
78 Courts Revenue Trust Fund, $4 $3.50 must be remitted to the
79 Department of Revenue for deposit into the Administrative Clerks
80 of the Court Trust Fund within the Department of Financial
81 Services Justice Administrative Commission and used to fund the
82 contract with the Florida Clerks of Court Operations Corporation
83 created in s. 28.35, and $1 $1.50 must be remitted to the
84 Department of Revenue for deposit into the Administrative Trust
85 Fund within the Department of Financial Services to fund audits
86 of individual clerks’ court-related expenditures clerk budget
87 reviews conducted by the Department of Financial Services.
88 c. An additional filing fee of $4 shall be paid to the
89 clerk. The clerk shall remit $3.50 to the Department of Revenue
90 for deposit into the Court Education Trust Fund and shall remit
91 50 cents to the Department of Revenue for deposit into the
92 Administrative Clerks of the Court Trust Fund within the
93 Department of Financial Services Justice Administrative
94 Commission to fund clerk education provided by the Florida
95 Clerks of Court Operations Corporation. An additional filing fee
96 of up to $18 shall be paid by the party seeking each severance
97 that is granted. The clerk may impose an additional filing fee
98 of up to $85 for all proceedings of garnishment, attachment,
99 replevin, and distress. Postal charges incurred by the clerk of
100 the circuit court in making service by certified or registered
101 mail on defendants or other parties shall be paid by the party
102 at whose instance service is made. Additional fees, charges, or
103 costs may not be added to the filing fees imposed under this
104 section, except as authorized in this section or by general law.
105 2.a. Notwithstanding the fees prescribed in subparagraph
106 1., a party instituting a civil action in circuit court relating
107 to real property or mortgage foreclosure shall pay a graduated
108 filing fee based on the value of the claim.
109 b. A party shall estimate in writing the amount in
110 controversy of the claim upon filing the action. For purposes of
111 this subparagraph, the value of a mortgage foreclosure action is
112 based upon the principal due on the note secured by the
113 mortgage, plus interest owed on the note and any moneys advanced
114 by the lender for property taxes, insurance, and other advances
115 secured by the mortgage, at the time of filing the foreclosure.
116 The value shall also include the value of any tax certificates
117 related to the property. In stating the value of a mortgage
118 foreclosure claim, a party shall declare in writing the total
119 value of the claim, as well as the individual elements of the
120 value as prescribed in this sub-subparagraph.
121 c. In its order providing for the final disposition of the
122 matter, the court shall identify the actual value of the claim.
123 The clerk shall adjust the filing fee if there is a difference
124 between the estimated amount in controversy and the actual value
125 of the claim and collect any additional filing fee owed or
126 provide a refund of excess filing fee paid.
127 d. The party shall pay a filing fee of:
128 (I) Three hundred and ninety-five dollars in all cases in
129 which the value of the claim is $50,000 or less and in which
130 there are not more than five defendants. The party shall pay an
131 additional filing fee of up to $2.50 for each defendant in
132 excess of five. Of the first $200 $280 in filing fees, $195 $275
133 must be remitted by the clerk to the Department of Revenue for
134 deposit into the General Revenue Fund, $4 $3.50 must be remitted
135 to the Department of Revenue for deposit into the Administrative
136 Clerks of the Court Trust Fund within the Department of
137 Financial Services Justice Administrative Commission and used to
138 fund the contract with the Florida Clerks of Court Operations
139 Corporation created in s. 28.35, and $1 $1.50 must be remitted
140 to the Department of Revenue for deposit into the Administrative
141 Trust Fund within the Department of Financial Services to fund
142 audits of individual clerks’ court-related expenditures clerk
143 budget reviews conducted by the Department of Financial
144 Services;
145 (II) Nine hundred dollars in all cases in which the value
146 of the claim is more than $50,000 but less than $250,000 and in
147 which there are not more than five defendants. The party shall
148 pay an additional filing fee of up to $2.50 for each defendant
149 in excess of five. Of the first $705 $785 in filing fees, $700
150 $780 must be remitted by the clerk to the Department of Revenue
151 for deposit into the General Revenue Fund, $4 $3.50 must be
152 remitted to the Department of Revenue for deposit into the
153 Administrative Clerks of the Court Trust Fund within the
154 Department of Financial Services Justice Administrative
155 Commission and used to fund the contract with the Florida Clerks
156 of Court Operations Corporation created described in s. 28.35,
157 and $1 $1.50 must be remitted to the Department of Revenue for
158 deposit into the Administrative Trust Fund within the Department
159 of Financial Services to fund audits of individual clerks’
160 court-related expenditures clerk budget reviews conducted by the
161 Department of Financial Services; or
162 (III) One thousand nine hundred dollars in all cases in
163 which the value of the claim is $250,000 or more and in which
164 there are not more than five defendants. The party shall pay an
165 additional filing fee of up to $2.50 for each defendant in
166 excess of five. Of the first $1,705 $1,785 in filing fees, $930
167 $1,010 must be remitted by the clerk to the Department of
168 Revenue for deposit into the General Revenue Fund, $770 must be
169 remitted to the Department of Revenue for deposit into the State
170 Courts Revenue Trust Fund, $4 $3.50 must be remitted to the
171 Department of Revenue for deposit into the Administrative Clerks
172 of the Court Trust Fund within the Department of Financial
173 Services Justice Administrative Commission to fund the contract
174 with the Florida Clerks of Court Operations Corporation created
175 in s. 28.35, and $1 $1.50 must be remitted to the Department of
176 Revenue for deposit into the Administrative Trust Fund within
177 the Department of Financial Services to fund audits of
178 individual clerks’ court-related expenditures clerk budget
179 reviews conducted by the Department of Financial Services.
180 e. An additional filing fee of $4 shall be paid to the
181 clerk. The clerk shall remit $3.50 to the Department of Revenue
182 for deposit into the Court Education Trust Fund and shall remit
183 50 cents to the Department of Revenue for deposit into the
184 Administrative Clerks of the Court Trust Fund within the
185 Department of Financial Services Justice Administrative
186 Commission to fund clerk education provided by the Florida
187 Clerks of Court Operations Corporation. An additional filing fee
188 of up to $18 shall be paid by the party seeking each severance
189 that is granted. The clerk may impose an additional filing fee
190 of up to $85 for all proceedings of garnishment, attachment,
191 replevin, and distress. Postal charges incurred by the clerk of
192 the circuit court in making service by certified or registered
193 mail on defendants or other parties shall be paid by the party
194 at whose instance service is made. Additional fees, charges, or
195 costs may not be added to the filing fees imposed under this
196 section, except as authorized in this section or by general law.
197 Section 4. Effective upon this act becoming a law, s.
198 28.2455, Florida Statutes, is repealed.
199 Section 5. Paragraph (b) of subsection (5) of section
200 28.246, Florida Statutes, is amended to read:
201 28.246 Payment of court-related fines or other monetary
202 penalties, fees, charges, and costs; partial payments;
203 distribution of funds.—
204 (5) When receiving partial payment of fees, service
205 charges, court costs, and fines, clerks shall distribute funds
206 according to the following order of priority:
207 (b) That portion of fees, service charges, court costs, and
208 fines required to be retained by the clerk of the court or
209 deposited into the Clerks of the Court Trust Fund within the
210 Department of Revenue Justice Administrative Commission.
211
212 To offset processing costs, clerks may impose either a per-month
213 service charge pursuant to s. 28.24(26)(b) or a one-time
214 administrative processing service charge at the inception of the
215 payment plan pursuant to s. 28.24(26)(c).
216 Section 6. Section 28.35, Florida Statutes, is amended to
217 read:
218 28.35 Florida Clerks of Court Operations Corporation.—
219 (1)(a) The Florida Clerks of Court Operations Corporation
220 is created as a public corporation organized to perform the
221 functions specified in this section and s. 28.36 and shall be
222 administratively housed within the Justice Administrative
223 Commission. The corporation shall be a budget entity within the
224 Justice Administrative Commission, and its employees shall be
225 considered state employees. The corporation is not subject to
226 control, supervision, or direction by the Justice Administrative
227 Commission in the performance of its duties, but the employees
228 of the corporation shall be governed by the classification plan
229 and salary and benefits plan of the Justice Administrative
230 Commission. The classification plan must have a separate chapter
231 for the corporation. All clerks of the circuit court shall be
232 members of the corporation and hold their position and authority
233 in an ex officio capacity. The functions assigned to the
234 corporation shall be performed by an executive council pursuant
235 to the plan of operation approved by the members.
236 (b) The executive council shall be composed of eight clerks
237 of the court elected by the clerks of the courts for a term of 2
238 years, with two clerks from counties with a population of fewer
239 than 100,000, two clerks from counties with a population of at
240 least 100,000 but fewer than 500,000, two clerks from counties
241 with a population of at least 500,000 but fewer than 1 million,
242 and two clerks from counties with a population of more than 1
243 million. The executive council shall also include, as ex officio
244 members, a designee of the President of the Senate and a
245 designee of the Speaker of the House of Representatives. The
246 Chief Justice of the Supreme Court shall designate one
247 additional member to represent the state courts system.
248 (c) The corporation shall be considered a political
249 subdivision of the state and shall be exempt from the corporate
250 income tax. The corporation is not subject to the provisions of
251 chapter 120.
252 (d) The functions assigned to the corporation under this
253 section and ss. 28.36 and 28.37 are considered to be for a valid
254 public purpose.
255 (2) The duties of the corporation shall include the
256 following:
257 (a) Adopting a plan of operation.
258 (b) Conducting the election of an executive council
259 directors as required in paragraph (1)(b) (1)(a).
260 (c) Recommending to the Legislature changes in the amounts
261 of the various court-related fines, fees, service charges, and
262 court costs established by law to ensure reasonable and adequate
263 funding of the clerks of the court in the performance of their
264 court-related functions.
265 (d) Developing and certifying a uniform system of workload
266 performance measures and applicable workload performance
267 standards for court-related functions as developed by the
268 corporation the functions specified in paragraph (3)(a) and the
269 service unit costs required in s. 28.36 and measures for clerk
270 workload performance in meeting the workload performance
271 standards. These workload measures and workload performance
272 standards shall be designed to facilitate an objective
273 determination of the performance of each clerk in accordance
274 with minimum standards for fiscal management, operational
275 efficiency, and effective collection of fines, fees, service
276 charges, and court costs. The corporation shall develop the
277 workload performance measures and workload performance standards
278 in consultation with the Legislature and the Supreme Court. The
279 Legislature may modify the clerk performance measures and
280 performance standards in legislation implementing the General
281 Appropriations Act or other law. When the corporation finds a
282 clerk has not met the workload performance standards, the
283 corporation shall identify the nature of each deficiency and any
284 corrective action recommended and taken by the affected clerk of
285 the court. The corporation shall notify the Legislature and the
286 Supreme Court of any clerk not meeting workload performance
287 standards and provide a copy of any corrective action plans. As
288 used in this subsection, the term:
289 1. “Workload measures” means the measurement of the
290 activities and frequency of the work required for the clerk to
291 adequately perform the court-related duties of the office as
292 defined by the membership of the Florida Clerks of Court
293 Operations Corporation.
294 2. “Workload performance standards” means the standards
295 developed to measure the timeliness and effectiveness of the
296 activities that are accomplished by the clerk in the performance
297 of the court-related duties of the office as defined by the
298 membership of the Florida Clerks of Court Operations
299 Corporation.
300 (e) Entering into a contract with the Department of
301 Financial Services for the department to audit the court-related
302 expenditures of individual clerks pursuant to s. 17.03.
303 (f)(e) Reviewing, certifying, and recommending proposed
304 budgets submitted by clerks of the court pursuant to s. 28.36.
305 As part of this process, the corporation shall:
306 1. Calculate the minimum amount of revenue necessary for
307 each clerk of the court to efficiently perform the list of
308 court-related functions specified in paragraph (3)(a). The
309 corporation shall apply the workload measures appropriate for
310 determining the individual level of review required to fund the
311 clerk’s budget.
312 2. Prepare a cost comparison of similarly situated clerks
313 of the court, based on county population and numbers of filings,
314 using the standard list of court-related functions specified in
315 paragraph (3)(a).
316 3. Conduct an annual base budget review and an annual
317 budget exercise examining the total budget of each clerk of the
318 court. The review shall examine revenues from all sources,
319 expenses of court-related functions, and expenses of noncourt
320 related functions as necessary to determine that court-related
321 revenues are not being used for noncourt-related purposes. The
322 review and exercise shall identify potential targeted budget
323 reductions in the percentage amount provided in Schedule VIII-B
324 of the state’s previous year’s legislative budget instructions,
325 as referenced in s. 216.023(3), or an equivalent schedule or
326 instruction as may be adopted by the Legislature.
327 4. Identify those proposed budgets containing funding for
328 items not included on the standard list of court-related
329 functions specified in paragraph (3)(a).
330 5. Identify those clerks projected to have court-related
331 revenues insufficient to fund their anticipated court-related
332 expenditures
333 6. Use revenue estimates based on the official estimate for
334 funds accruing to the clerks of the court made by the Revenue
335 Estimating Conference.
336 7. Identify and report pay and benefit increases in any
337 proposed clerk budget, including, but not limited to, cost of
338 living increases, merit increases, and bonuses.
339 8. Provide detailed explanation for increases in
340 anticipated expenditures in any clerk budget that exceeds the
341 current year budget by more than 3 percent.
342 9. Identify and report the budget of any clerk which
343 exceeds the average budget of similarly situated clerks by more
344 than ten percent.
345 (g)(f) Developing and conducting clerk education programs.
346 (g) Publishing a uniform schedule of actual fees, service
347 charges, and costs charged by a clerk of the court pursuant to
348 general law.
349 (h) Beginning August 1, 2014, and each August 1 thereafter,
350 submitting to the Legislative Budget Commission, as provided in
351 s. 11.90, its proposed budget and the information described in
352 paragraph (f), as well as the proposed budgets for each clerk of
353 the court. Before October 1 of each year beginning in 2014, the
354 Legislative Budget Commission shall consider the submitted
355 budgets and shall approve, disapprove, or amend and approve the
356 corporation’s budget and shall approve, disapprove, or amend and
357 approve the total of the clerks’ combined budgets or any
358 individual clerk’s budget. If the Legislative Budget Commission
359 fails to approve or amend and approve the corporation’s budget
360 or the clerks’ combined budgets before October 1, the clerk
361 shall continue to perform the court-related functions based upon
362 the clerk’s budget for the previous county fiscal year.
363 (3)(a) The list of court-related functions that clerks may
364 fund from filing fees, service charges, costs, and fines is
365 perform are limited to those functions expressly authorized by
366 law or court rule. Those functions include the following: case
367 maintenance; records management; court preparation and
368 attendance; processing the assignment, reopening, and
369 reassignment of cases; processing of appeals; collection and
370 distribution of fines, fees, service charges, and court costs;
371 processing of bond forfeiture payments; payment of jurors and
372 witnesses; payment of expenses for meals or lodging provided to
373 jurors; data collection and reporting; processing of jurors;
374 determinations of indigent status; and paying reasonable
375 administrative support costs to enable the clerk of the court to
376 carry out these court-related functions.
377 (b) The list of court-related functions that clerks may not
378 fund from filing fees, service charges, costs, and fines
379 includes state appropriations include:
380 1. Those functions not specified within paragraph (a).
381 2. Functions assigned by administrative orders which are
382 not required for the clerk to perform the functions in paragraph
383 (a).
384 3. Enhanced levels of service which are not required for
385 the clerk to perform the functions in paragraph (a).
386 4. Functions identified as local requirements in law or
387 local optional programs.
388 (4) The corporation shall prepare a legislative budget
389 request for the resources necessary to perform its duties,
390 submit the request pursuant to chapter 216, and be funded
391 pursuant to a contract with the Chief Financial Officer. Funds
392 shall be provided to the Chief Financial Officer for such
393 purpose as appropriated by general law. Such funds shall be
394 available to the corporation for the performance of the duties
395 and responsibilities set forth in this section as a budget
396 entity in the General Appropriations Act. The corporation shall
397 participate in the Florida Retirement System for its eligible
398 employees as provided in chapter 121. The corporation may hire
399 staff and pay other expenses from such funds state
400 appropriations as necessary to perform the official duties and
401 responsibilities of the corporation as described in this section
402 by law.
403 (5) Certified public accountants conducting audits of
404 counties pursuant to s. 218.39 shall report, as part of the
405 audit, whether or not the clerks of the courts have complied
406 with the requirements of this section and s. 28.36. In addition,
407 each clerk of court shall forward a copy of the portion of the
408 financial audit relating to the court-related duties of the
409 clerk of court to the Florida Clerks of Court Operations
410 Corporation Supreme Court. The Auditor General shall develop a
411 compliance supplement for the audit of compliance with the
412 budgets and applicable workload performance standards certified
413 by the corporation.
414 Section 7. Section 28.36, Florida Statutes, is amended to
415 read:
416 28.36 Budget procedure.—There is established a budget
417 procedure for preparing budget requests for funding for the
418 court-related functions of the clerks of the court.
419 (1) Only those functions listed in s. 28.35(3)(a) may be
420 funded from fees, service charges, costs, and fines retained by
421 the clerks of the court Each clerk of court shall prepare a
422 budget request for the last quarter of the county fiscal year
423 and the first three quarters of the next county fiscal year. The
424 proposed budget shall be prepared, summarized, and submitted by
425 the clerk in each county to the Florida Clerks of Court
426 Operations Corporation in the manner and form prescribed by the
427 corporation to meet the requirements of law. Each clerk shall
428 forward a copy of his or her budget request to the Supreme
429 Court. The budget requests must be provided to the corporation
430 by October 1 of each year.
431 (2) Each clerk shall include in his or her budget request a
432 projection of the amount of court-related fees, service charges,
433 and any other court-related clerk fees which will be collected
434 during the proposed budget period. If the corporation determines
435 that the proposed budget is limited to the standard list of
436 court-related functions in s. 28.35(3)(a) and the projected
437 court-related revenues are less than the proposed budget, the
438 clerk shall increase all fees, service charges, and any other
439 court-related clerk fees and charges to the maximum amounts
440 specified by law or the amount necessary to resolve the deficit,
441 whichever is less.
442 (2)(3) Each proposed budget shall further conform to the
443 following requirements clerk shall include in his or her budget
444 request the number of personnel and the proposed budget for each
445 of the following core services:
446 (a) On or before June 1 of each year beginning in 2014, the
447 proposed budget shall be prepared, summarized, and submitted by
448 the clerk in each county to the Florida Clerks of Court
449 Operations Corporation in the manner and form prescribed by the
450 corporation. The proposed budget must provide detailed
451 information on the anticipated revenues available and
452 expenditures necessary for the performance of the court-related
453 functions listed in s. 28.35(3)(a) of the clerk’s office for the
454 county fiscal year beginning October 1.
455 (b) The proposed budget must be balanced such that the
456 total of the estimated revenues available equals or exceeds the
457 total of the anticipated expenditures. Such revenues include
458 revenue projected to be received from fees, service charges,
459 costs, and fines for court-related functions during the fiscal
460 period covered by the budget. The anticipated expenditures must
461 be itemized as required by the corporation.
462 (a) Circuit criminal.
463 (b) County criminal.
464 (c) Juvenile delinquency.
465 (d) Criminal traffic.
466 (e) Circuit civil.
467 (f) County civil.
468 (g) Civil traffic.
469 (h) Probate.
470 (i) Family.
471 (j) Juvenile dependency.
472
473 Central administrative costs shall be allocated among the core
474 services categories.
475 (3) If a clerk of the court estimates that available funds
476 plus projected revenues from fines, fees, service charges, and
477 costs for court-related services are insufficient to meet the
478 anticipated expenditures for the standard list of court-related
479 functions in s. 28.35(3)(a) performed by his or her office, the
480 clerk must report the revenue deficit to the corporation in the
481 manner and form prescribed by the corporation. The corporation
482 shall verify that the proposed budget is limited to the standard
483 list of court-related functions in s. 28.35(3)(a). If the
484 corporation verifies that a revenue deficit is projected, the
485 corporation shall certify a revenue deficit and notify the
486 Department of Revenue that the clerk is authorized to retain
487 revenues, in an amount necessary to fully fund the projected
488 revenue deficit, which he or she would otherwise be required to
489 remit to the Department of Revenue for deposit into the
490 department’s Clerks of the Court Trust Fund pursuant to s.
491 28.37. If a revenue deficit is projected for that clerk after
492 retaining all of the projected collections from the court
493 related fines, fees, service charges, and costs, the corporation
494 shall certify the amount of the revenue deficit to the Executive
495 Office of the Governor and request release authority for funds
496 from the department’s Clerks of the Court Trust Fund.
497 Notwithstanding s. 216.192 relating to the release of funds, the
498 Executive Office of the Governor may approve the release of
499 funds in accordance with the notice, review, and objection
500 procedures set forth in s. 216.177 and shall provide notice to
501 the Department of Revenue and the Chief Financial Officer. The
502 Department of Revenue shall request monthly distributions from
503 the Chief Financial Officer in equal amounts to each clerk
504 certified to have a revenue deficit, in accordance with the
505 releases approved by the Governor.
506 (4) The Legislative Budget Commission may approve increases
507 or decreases to the previously authorized budgets approved for
508 individual clerks of the court pursuant to s. 28.35 for court
509 related functions, if:
510 (a) The additional budget authority is necessary to pay the
511 cost of performing new or additional functions required by
512 changes in law or court rule; or
513 (b) The additional budget authority is necessary to pay the
514 cost of supporting increases in the number of judges or
515 magistrates authorized by the Legislature.
516 (4) The budget request must identify the service units to
517 be provided within each core service. The service units shall be
518 developed by the corporation, in consultation with the Supreme
519 Court, the Chief Financial Officer, and the appropriations
520 committees of the Senate and the House of Representatives.
521 (5) The budget request must propose a unit cost for each
522 service unit. The corporation shall provide a copy of each
523 clerk’s budget request to the Supreme Court.
524 (6) The corporation shall review each individual clerk’s
525 prior-year expenditures, projected revenue, proposed unit costs,
526 and the proposed budget for each of the core-services
527 categories. The corporation shall compare each clerk’s prior
528 year expenditures and unit costs for core services with a peer
529 group of clerks’ offices having a population of a similar size
530 and a similar number of case filings. If the corporation finds
531 that the expenditures, unit costs, or proposed budget of a clerk
532 is significantly higher than those of clerks in that clerk’s
533 peer group, the corporation shall require the clerk to submit
534 documentation justifying the difference in each core-services
535 category. Justification for higher expenditures may include, but
536 is not limited to, collective bargaining agreements, county
537 civil service agreements, and the number and distribution of
538 courthouses served by the clerk. If the expenditures and unit
539 costs are not justified, the corporation shall recommend a
540 reduction in the funding for that core-services category in the
541 budget request to an amount similar to the peer group of clerks
542 or to an amount that the corporation determines is justified.
543 (7) The corporation shall complete its review and
544 adjustments to the clerks’ budget requests and make its
545 recommendations to the Legislature and the Supreme Court by
546 December 1 each year.
547 (8) The Chief Financial Officer shall review the proposed
548 unit costs associated with each clerk of court’s budget request
549 and make recommendations to the Legislature. The Chief Financial
550 Officer may conduct any audit of the corporation or a clerk of
551 court as authorized by law. The Chief Justice of the Supreme
552 Court may request an audit of the corporation or any clerk of
553 court by the Chief Financial Officer.
554 (9) The Legislature shall appropriate the total amount for
555 the budgets of the clerks in the General Appropriations Act. The
556 Legislature may reject or modify any or all of the unit costs
557 recommended by the corporation. If the Legislature does not
558 specify the unit costs in the General Appropriations Act or
559 other law, the unit costs recommended by the corporation shall
560 be the official unit costs for that budget period.
561 (10)(a) Beginning in the 2010-2011 fiscal year, the
562 corporation shall release appropriations to each clerk
563 quarterly. If funds in the Clerks of Court Trust Fund are
564 insufficient to provide a release in a quarter in a single
565 release, the corporation may release partial amounts for that
566 quarter so long as the total of those partial amounts does not
567 exceed that quarter’s release. If funds in the Clerks of Court
568 Trust Fund are insufficient for the first quarter release, the
569 corporation may make a request to the Governor for a trust fund
570 loan pursuant to chapter 215. The amount of the first three
571 releases shall be based on one quarter of the estimated budget
572 for each clerk as identified in the General Appropriations Act.
573 (b) The corporation shall estimate the fourth quarter’s
574 number of units to be performed by each clerk. The amount of the
575 fourth-quarter release shall be based on the approved unit cost
576 times the estimated number of units of the fourth quarter with
577 the following adjustment: the fourth-quarter release shall be
578 adjusted based on the first three quarter’s actual number of
579 service units provided as reported to the corporation by each
580 clerk. If the clerk has performed fewer service units in the
581 first three quarters of the year compared to three quarters of
582 the estimated number of service units in the General
583 Appropriations Act, the corporation shall decrease the fourth
584 quarter release. The amount of the decrease shall equal the
585 amount of the difference between the estimated number of service
586 units for the first three quarters and the actual number of
587 service units provided in the first three quarters times the
588 approved unit cost.
589 (c) No adjustment for the fourth-quarter release shall be
590 made if the clerk has performed more units than the estimate for
591 the first three quarters.
592 (d) If the clerk performs fewer units in the fourth quarter
593 than estimated by the corporation, the corporation shall
594 decrease the first-quarter release for the clerk in the next
595 fiscal year by the amount of the difference between the
596 estimated number of service units for the fourth quarter and the
597 actual number of service units performed in that quarter times
598 the approved unit cost.
599 (e) The total of all releases to the clerks of court may
600 not exceed the amount appropriated in the General Appropriations
601 Act. If, during the year, the corporation determines that the
602 projected releases of appropriations for service units will
603 exceed the estimate used in the General Appropriations Act and
604 result in statewide expenditures greater than the amount
605 appropriated by law, the corporation shall reduce all service
606 unit costs of all clerks by the amount necessary to ensure that
607 service units are funded within the total amount appropriated to
608 the clerks of court. If such action is necessary, the
609 corporation shall notify the Legislative Budget Commission. If
610 the Legislative Budget Commission objects to the adjustments,
611 the Legislative Budget Commission shall adjust all service unit
612 costs by the amount necessary to ensure that projected units of
613 service are funded within the total amount appropriated to the
614 clerks of court at its next scheduled meeting.
615 (11) The corporation may submit proposed legislation to the
616 Governor, the President of the Senate, and the Speaker of the
617 House of Representatives relating to the preparation of budget
618 requests of the clerks of court.
619 Section 8. Section 28.37, Florida Statutes, is amended to
620 read:
621 28.37 Fines, fees, service charges, and costs remitted to
622 the state.—
623 (1) Pursuant to s. 14(b), Art. V of the State Constitution,
624 selected salaries, costs, and expenses of the state courts
625 system and court-related functions shall be funded from a
626 portion of the revenues derived from statutory fines, fees,
627 service charges, and costs collected by the clerks of the court.
628 (2) Beginning November 1, 2013, that portion of all fines,
629 fees, service charges, and costs collected by the clerks of the
630 court for the previous month which is in excess of one-twelfth
631 of the clerks’ total budget for the performance of court-related
632 functions shall be remitted to the Department of Revenue for
633 deposit into the Clerks of the Court Trust Fund. Such
634 collections do not include funding received for the operation of
635 the Title IV-D child support collections and disbursement
636 program. The clerk of the court shall remit the revenues
637 collected during the previous month due to the state on or
638 before the 10th day of each month.
639 (3) No later than January 25, 2015, and each January 25
640 thereafter for the previous county fiscal year, the clerks of
641 court, in consultation with the Florida Clerks of Court
642 Operations Corporation, shall remit to the Department of Revenue
643 for deposit in the General Revenue Fund the cumulative excess of
644 all fines, fees, service charges, and costs retained by the
645 clerks of the court, plus any funds received by the clerks of
646 the court from the Clerks of the Court Trust Fund under s.
647 28.36(3), which exceed the amount needed to meet their
648 authorized budget amounts established under s. 28.35. The
649 Department of Revenue shall transfer from the Clerks of Court
650 Trust Fund to the General Revenue Fund the cumulative excess of
651 all fines, fees, service charges, and costs submitted by clerks
652 of court pursuant to subsection (2). However, if the official
653 estimate for funds accruing to the clerks of court made by the
654 Revenue Estimating Conference for the current fiscal year or the
655 next fiscal year is less than the cumulative amount of
656 authorized budgets for the clerks of court for the current
657 fiscal year, the Department of Revenue shall retain in the
658 Clerks of the Court Trust Fund the estimated amount needed to
659 fully fund the clerks of court for the current and next fiscal
660 year based upon the current budget established under s. 28.35.
661 (4) The Department of Revenue shall collect any funds that
662 the Florida Clerks of Court Operations Corporation determines
663 upon investigation were due but not remitted to the Department
664 of Revenue. The corporation shall notify the clerk of the court
665 and the Department of Revenue of the amount due to the
666 Department of Revenue. The clerk of the court shall remit the
667 amount due no later than the 10th day of the month following the
668 month in which notice is provided by the corporation to the
669 clerk of the court.
670 (5)(2) Ten Except as otherwise provided in ss. 28.241 and
671 34.041, all court-related fines, fees, service charges, and
672 costs are considered state funds and shall be remitted by the
673 clerk to the Department of Revenue for deposit into the Clerks
674 of the Court Trust Fund within the Justice Administrative
675 Commission. However, 10 percent of all court-related fines
676 collected by the clerk, except for penalties or fines
677 distributed to counties or municipalities under s.
678 316.0083(1)(b)3. or s. 318.18(15)(a), shall be deposited into
679 the clerk’s Public Records Modernization Trust Fund to be used
680 exclusively for additional clerk court-related operational needs
681 and program enhancements.
682 Section 9. Paragraph (b) of subsection (1) of section
683 34.041, Florida Statutes, is amended, and paragraph (a) of that
684 subsection is republished, to read:
685 34.041 Filing fees.—
686 (1)(a) Filing fees are due at the time a party files a
687 pleading to initiate a proceeding or files a pleading for
688 relief. Reopen fees are due at the time a party files a pleading
689 to reopen a proceeding if at least 90 days have elapsed since
690 the filing of a final order or final judgment with the clerk. If
691 a fee is not paid upon the filing of the pleading as required
692 under this section, the clerk shall pursue collection of the fee
693 pursuant to s. 28.246. Upon the institution of any civil action,
694 suit, or proceeding in county court, the party shall pay the
695 following filing fee, not to exceed:
696 1. For all claims less than $100 $50.
697 2. For all claims of $100 or more but not more than $500
698 $75.
699 3. For all claims of more than $500 but not more than
700 $2,500 $170.
701 4. For all claims of more than $2,500 $295.
702 5. In addition, for all proceedings of garnishment,
703 attachment, replevin, and distress $85.
704 6. Notwithstanding subparagraphs 3. and 5., for all claims
705 of not more than $1,000 filed simultaneously with an action for
706 replevin of property that is the subject of the claim $125.
707 7. For removal of tenant action $180.
708
709 The filing fee in subparagraph 6. is the total fee due under
710 this paragraph for that type of filing, and no other filing fee
711 under this paragraph may be assessed against such a filing.
712 (b) The first $80 of the filing fee collected under
713 subparagraph (a)4. shall be remitted to the Department of
714 Revenue for deposit into the General Revenue Fund. The next $15
715 of the filing fee collected under subparagraph (a)4., and the
716 first $10 of the filing fee collected under subparagraph (a)7.,
717 shall be deposited in the State Courts Revenue Trust Fund. By
718 the 10th day of each month, the clerk shall submit that portion
719 of the fees collected in the previous month which is in excess
720 of one-twelfth of the clerk’s total budget for the performance
721 of court-related functions to the Department of Revenue for
722 deposit into the Clerks of the Court Trust Fund. An additional
723 filing fee of $4 shall be paid to the clerk. The clerk shall
724 transfer $3.50 to the Department of Revenue for deposit into the
725 Court Education Trust Fund and shall transfer 50 cents to the
726 Department of Revenue for deposit into the Administrative Clerks
727 of the Court Trust Fund within the Department of Financial
728 Services Justice Administrative Commission to fund clerk
729 education provided by the Florida Clerks of Court Operations
730 Corporation. Postal charges incurred by the clerk of the county
731 court in making service by mail on defendants or other parties
732 shall be paid by the party at whose instance service is made.
733 Except as provided in this section herein, filing fees and
734 service charges for performing duties of the clerk relating to
735 the county court shall be as provided in ss. 28.24 and 28.241.
736 Except as otherwise provided in this section herein, all filing
737 fees shall be retained as fee income of the office of the clerk
738 of the circuit court remitted to the Department of Revenue for
739 deposit into the Clerks of the Court Trust Fund within the
740 Justice Administrative Commission. Filing fees imposed by this
741 section may not be added to any penalty imposed by chapter 316
742 or chapter 318.
743 Section 10. Subsection (5) of section 43.16, Florida
744 Statutes, is amended to read:
745 43.16 Justice Administrative Commission; membership, powers
746 and duties.—
747 (5) The duties of the commission shall include, but not be
748 limited to, the following:
749 (a) The maintenance of a central state office for
750 administrative services and assistance when possible to and on
751 behalf of the state attorneys and public defenders of Florida,
752 the capital collateral regional counsel of Florida, the criminal
753 conflict and civil regional counsel, and the Guardian Ad Litem
754 Program, and the Florida Clerks of Court Operations Corporation.
755 (b) Each state attorney, public defender, and criminal
756 conflict and civil regional counsel and, the Guardian Ad Litem
757 Program, and the Florida Clerks of Court Operations Corporation
758 shall continue to prepare necessary budgets, vouchers that
759 represent valid claims for reimbursement by the state for
760 authorized expenses, and other things incidental to the proper
761 administrative operation of the office, such as revenue
762 transmittals to the Chief Financial Officer and automated
763 systems plans, but will forward such items same to the
764 commission for recording and submission to the proper state
765 officer. However, when requested by a state attorney, a public
766 defender, a criminal conflict and civil regional counsel, or the
767 Guardian Ad Litem Program, the commission will either assist in
768 the preparation of budget requests, voucher schedules, and other
769 forms and reports or accomplish the entire project involved.
770 Section 11. Paragraph (x) of subsection (2) of section
771 110.205, Florida Statutes, is amended to read:
772 110.205 Career service; exemptions.—
773 (2) EXEMPT POSITIONS.—The exempt positions that are not
774 covered by this part include the following:
775 (x) All officers and employees of the Justice
776 Administrative Commission, Office of the State Attorney, Office
777 of the Public Defender, regional offices of capital collateral
778 counsel, offices of criminal conflict and civil regional
779 counsel, and Statewide Guardian Ad Litem Office, including the
780 circuit guardian ad litem programs and the Florida Clerks of
781 Court Operations Corporation.
782 Section 12. Section 142.01, Florida Statutes, is amended to
783 read:
784 142.01 Fine and forfeiture fund; disposition of revenue;
785 clerk of the circuit court.—
786 (1) There shall be established by the clerk of the circuit
787 court in each county of this state a separate fund to be known
788 as the fine and forfeiture fund for use by the clerk of the
789 circuit court in performing court-related functions. The fund
790 shall consist of the following:
791 (a) Fines and penalties pursuant to ss. 28.2402(2),
792 34.045(2), 316.193, 327.35, 327.72, 379.2203(1), and 775.083(1).
793 (b) That portion of civil penalties directed to this fund
794 pursuant to s. 318.21.
795 (c) Court costs pursuant to ss. 28.2402(1)(b),
796 34.045(1)(b), 318.14(10)(b), 318.18(11)(a), 327.73(9)(a) and
797 (11)(a), and 938.05(3).
798 (d) Proceeds from forfeited bail bonds, unclaimed bonds,
799 unclaimed moneys, or recognizances pursuant to ss. 321.05(4)(a),
800 379.2203(1), and 903.26(3)(a).
801 (e) Fines and forfeitures pursuant to s. 34.191.
802 (f) Filing fees received pursuant to ss. 28.241 and 34.041,
803 unless the disposition of such fees is otherwise required by
804 law.
805 (g)(f) All other revenues received by the clerk as revenue
806 authorized by law to be retained by the clerk.
807 (2) All revenues received by the clerk in the fine and
808 forfeiture fund from court-related fees, fines, costs, and
809 service charges are considered state funds and shall be remitted
810 monthly to the Department of Revenue for deposit into the Clerks
811 of the Court Trust Fund within the Justice Administrative
812 Commission.
813 (2)(3) Notwithstanding the provisions of this section, all
814 fines and forfeitures arising from operation of the provisions
815 of s. 318.1215 shall be disbursed in accordance with that
816 section.
817 Section 13. Section 213.131, Florida Statutes, is amended
818 to read:
819 213.131 Clerks of the Court Trust Fund within the
820 Department of Revenue Justice Administrative Commission.—The
821 Clerks of the Court Trust Fund is created within the Department
822 of Revenue Justice Administrative Commission.
823 Section 14. Subsection (2) of section 215.22, Florida
824 Statutes, is amended to read:
825 215.22 Certain income and certain trust funds exempt.—
826 (2) Moneys and income of a revenue nature shared with
827 political subdivisions or received from taxes or fees authorized
828 to be levied by any political subdivision, including moneys from
829 service charges, fees, costs, and fines deposited into the
830 Clerks of the Court Trust Fund within the Department of Revenue,
831 shall be exempt from the deduction required by s. 215.20(1).
832 Section 15. Paragraph (qq) of subsection (1) of section
833 216.011, Florida Statutes, is amended to read:
834 216.011 Definitions.—
835 (1) For the purpose of fiscal affairs of the state,
836 appropriations acts, legislative budgets, and approved budgets,
837 each of the following terms has the meaning indicated:
838 (qq) “State agency” or “agency” means any official,
839 officer, commission, board, authority, council, committee, or
840 department of the executive branch of state government. For
841 purposes of this chapter and chapter 215, “state agency” or
842 “agency” includes, but is not limited to, state attorneys,
843 public defenders, criminal conflict and civil regional counsel,
844 capital collateral regional counsel, the Florida Clerks of Court
845 Operations Corporation, the Justice Administrative Commission,
846 the Florida Housing Finance Corporation, and the Florida Public
847 Service Commission. Solely for the purposes of implementing s.
848 19(h), Art. III of the State Constitution, the terms “state
849 agency” or “agency” include the judicial branch.
850 Section 16. For the period of July 1, 2013, through
851 September 30, 2013, the clerks of the court are permitted to
852 spend $110,845,078 of their total collected revenues and the
853 Florida Clerks of Court Operations Corporation is permitted to
854 spend $405,412 of the revenues collected to fund the
855 corporation’s contract with the Department of Financial Services
856 pursuant to s. 27.35(4), Florida Statutes. The Florida Clerks of
857 Court Operations Corporation shall determine budget amounts for
858 the individual clerks for that period. For the county fiscal
859 year beginning October 1, 2013, and ending September 30, 2014,
860 the clerks of the court are permitted to spend $443,380,312 of
861 their total collected revenues and the Florida Clerks of Court
862 Operations Corporation is permitted to spend $1,621,648 of the
863 revenues collected to fund the corporation’s contract with the
864 Department of Financial Services pursuant to s. 27.35(4),
865 Florida Statutes. The Florida Clerks of Court Operations
866 Corporation shall determine budget amounts for the individual
867 clerks for that period.
868 Section 17. Notwithstanding the requirement in s. 28.245,
869 Florida Statutes, that all moneys collected by the clerks of
870 court be distributed pursuant to the law in effect at the time
871 of collection, the modifications in the distribution of moneys
872 made in sections 3, 9, and 12 of this act shall be applied to
873 moneys collected during June 2013. This section shall take
874 effect upon becoming law.
875 Section 18. Except as otherwise expressly provided in this
876 act and except for this section, which shall take effect upon
877 this act becoming a law, this act shall take effect July 1,
878 2013.
879
880 ================= T I T L E A M E N D M E N T ================
881 And the title is amended as follows:
882 Delete everything before the enacting clause
883 and insert:
884 A bill to be entitled
885 An act relating to clerks of court; transferring the
886 Clerks of the Court Trust Fund from the Justice
887 Administrative Commission to the Department of
888 Revenue; amending s. 11.90, F.S.; providing additional
889 duties of the Legislative Budget Commission relating
890 to clerks of court; amending s. 28.241, F.S.; revising
891 distribution of filing fees; revising references to
892 trust funds; repealing s. 28.2455, F.S., relating to
893 transfer of trust funds in excess of amount needed for
894 clerk budgets; amending s. 28.246, F.S.; conforming
895 provisions to changes made by the act; amending s.
896 28.35, F.S.; deleting provisions providing for the
897 housing of the Florida Clerks of Court Operations
898 Corporation; revising duties of the corporation;
899 defining terms; providing requirements for annual
900 submission of a proposed budget and related
901 information; revising provisions concerning functions
902 that may and may not be funded from specified sources;
903 revising distribution of the corporation’s audit
904 report; amending s. 28.36, F.S.; specifying that only
905 certain functions may be funded from fees, service
906 charges, costs, and fines retained by the clerks of
907 the court; revising provisions relating to preparation
908 of budget requests by clerks; providing for reporting
909 and certification of revenue deficits; providing
910 procedures for retention of additional revenues by
911 clerks in the event of a deficit; providing for the
912 release of funds from a specified trust fund to
913 relieve such a deficit in certain circumstances;
914 providing for increases in previously authorized
915 budgets in certain circumstances; deleting provisions
916 relating to review of budgets and related information;
917 amending s. 28.37, F.S.; providing that a portion of
918 all fines, fees, service charges, and costs collected
919 by the clerks of the court which exceeds a specified
920 portion of the clerk’s annual budget be remitted to a
921 specified trust fund; providing for remission of
922 certain excess collections to the department for
923 deposit into the General Revenue Fund on specified
924 dates; providing for deposit of such funds in a
925 specified trust fund in certain circumstances;
926 providing for collection of certain funds due by the
927 department; amending s. 34.041, F.S.; conforming
928 provisions to changes made by the act; revising
929 distribution of certain fees; amending ss. 43.16 and
930 110.205, F.S.; conforming provisions to changes made
931 by the act; amending s. 142.01, F.S.; revising the
932 funds deposited in each county’s fine and forfeiture
933 fund; deleting provisions specifying that certain
934 moneys are considered state funds; amending s.
935 213.131, F.S.; conforming provisions to changes made
936 by the act; amending s. 215.22, F.S.; exempting
937 certain moneys deposited in the Clerks of the Court
938 Trust Fund from a specified deduction; amending s.
939 216.011, F.S.; conforming provisions to changes made
940 by the act; specifying the authorized budget for the
941 clerks of the circuit court and the corporation for
942 specified periods; requiring the corporation to
943 determine budget amounts for the individual clerks for
944 those periods; providing an effective date.