SB 1512 First Engrossed
20131512e1
1 A bill to be entitled
2 An act relating to clerks of court; transferring the
3 Clerks of the Court Trust Fund from the Justice
4 Administrative Commission to the Department of
5 Revenue; amending s. 11.90, F.S.; providing additional
6 duties of the Legislative Budget Commission relating
7 to clerks of court; amending s. 28.241, F.S.; revising
8 distribution of filing fees; revising references to
9 trust funds; repealing s. 28.2455, F.S., relating to
10 transfer of trust funds in excess of amount needed for
11 clerk budgets; amending s. 28.246, F.S.; conforming
12 provisions to changes made by the act; amending s.
13 28.35, F.S.; deleting provisions providing for the
14 housing of the Florida Clerks of Court Operations
15 Corporation; revising duties of the corporation;
16 defining terms; providing requirements for annual
17 submission of a proposed budget and related
18 information; revising provisions concerning functions
19 that may and may not be funded from specified sources;
20 revising distribution of the corporation’s audit
21 report; amending s. 28.36, F.S.; specifying that only
22 certain functions may be funded from fees, service
23 charges, costs, and fines retained by the clerks of
24 the court; revising provisions relating to preparation
25 of budget requests by clerks; providing for reporting
26 and certification of revenue deficits; providing
27 procedures for retention of additional revenues by
28 clerks in the event of a deficit; providing for the
29 release of funds from a specified trust fund to
30 relieve such a deficit in certain circumstances;
31 providing for increases in previously authorized
32 budgets in certain circumstances; deleting provisions
33 relating to review of budgets and related information;
34 amending s. 28.37, F.S.; providing that a portion of
35 all fines, fees, service charges, and costs collected
36 by the clerks of the court which exceed a specified
37 portion of the clerk’s annual budget be remitted to a
38 specified trust fund; providing for remission of
39 certain excess collections to the department for
40 deposit into the General Revenue Fund on specified
41 dates; providing for deposit of such funds in a
42 specified trust fund in certain circumstances;
43 providing for collection of certain funds due by the
44 department; amending s. 34.041, F.S.; conforming
45 provisions to changes made by the act; revising
46 distribution of certain fees; amending ss. 43.16 and
47 110.205, F.S.; conforming provisions to changes made
48 by the act; amending s. 142.01, F.S.; revising the
49 funds deposited in each county’s fine and forfeiture
50 fund; deleting provisions specifying that certain
51 moneys are considered state funds; amending s.
52 213.131, F.S.; conforming provisions to changes made
53 by the act; amending s. 215.22, F.S.; exempting
54 certain moneys deposited in the Clerks of the Court
55 Trust Fund from a specified deduction; amending s.
56 216.011, F.S.; conforming provisions to changes made
57 by the act; specifying the authorized budget for the
58 clerks of the circuit court and the corporation for
59 specified periods; requiring the corporation to
60 determine budget amounts for the individual clerks for
61 those periods; providing an effective date.
62
63 Be It Enacted by the Legislature of the State of Florida:
64
65 Section 1. The Clerks of the Court Trust Fund within the
66 Justice Administrative Commission, FLAIR number 21-2-588, is
67 transferred together with all balances in the fund to the
68 Department of Revenue.
69 Section 2. Subsection (6) of section 11.90, Florida
70 Statutes, is amended to read:
71 11.90 Legislative Budget Commission.—
72 (6) The commission shall have the power and duty to:
73 (a) Review and approve or disapprove budget amendments
74 recommended by the Governor or the Chief Justice of the Supreme
75 Court as provided in chapter 216.
76 (b) Develop the long-range financial outlook described in
77 s. 19, Art. III of the State Constitution.
78 (c) Review and approve, disapprove, or amend and approve
79 the budget of the Florida Clerks of Court Operations
80 Corporation.
81 (d) Review and approve, disapprove, or amend and approve
82 the total combined budgets of the clerks of the court or the
83 budget of any individual clerk of the court for court-related
84 functions. As part of this review the commission shall consider
85 the workload and expense data submitted pursuant to s. 28.35.
86 (e) In addition to the powers and duties specified in this
87 subsection, the commission shall Exercise all other powers and
88 perform any other duties prescribed by the Legislature.
89 Section 3. Paragraph (a) of subsection (1) of section
90 28.241, Florida Statutes, is amended to read:
91 28.241 Filing fees for trial and appellate proceedings.—
92 (1) Filing fees are due at the time a party files a
93 pleading to initiate a proceeding or files a pleading for
94 relief. Reopen fees are due at the time a party files a pleading
95 to reopen a proceeding if at least 90 days have elapsed since
96 the filing of a final order or final judgment with the clerk. If
97 a fee is not paid upon the filing of the pleading as required
98 under this section, the clerk shall pursue collection of the fee
99 pursuant to s. 28.246.
100 (a)1.a. Except as provided in sub-subparagraph b. and
101 subparagraph 2., the party instituting any civil action, suit,
102 or proceeding in the circuit court shall pay to the clerk of
103 that court a filing fee of up to $395 in all cases in which
104 there are not more than five defendants and an additional filing
105 fee of up to $2.50 for each defendant in excess of five. Of the
106 first $200 $280 in filing fees, $80 must be remitted by the
107 clerk to the Department of Revenue for deposit into the General
108 Revenue Fund, $195 must be remitted to the Department of Revenue
109 for deposit into the State Courts Revenue Trust Fund, $4 $3.50
110 must be remitted to the Department of Revenue for deposit into
111 the Administrative Clerks of the Court Trust Fund within the
112 Department of Financial Services Justice Administrative
113 Commission and used to fund the contract with the Florida Clerks
114 of Court Operations Corporation created in s. 28.35, and $1
115 $1.50 must be remitted to the Department of Revenue for deposit
116 into the Administrative Trust Fund within the Department of
117 Financial Services to fund audits of individual clerks’ court
118 related expenditures clerk budget reviews conducted by the
119 Department of Financial Services. By the 10th of each month, the
120 clerk shall submit that portion of the filing fees collected in
121 the previous month which is in excess of one-twelfth of the
122 clerk’s total budget One third of any filing fees collected by
123 the clerk of the circuit court in excess of $100 must be
124 remitted to the Department of Revenue for deposit into the
125 Clerks of the Court Trust Fund within the Justice Administrative
126 Commission.
127 b. The party instituting any civil action, suit, or
128 proceeding in the circuit court under chapter 39, chapter 61,
129 chapter 741, chapter 742, chapter 747, chapter 752, or chapter
130 753 shall pay to the clerk of that court a filing fee of up to
131 $295 in all cases in which there are not more than five
132 defendants and an additional filing fee of up to $2.50 for each
133 defendant in excess of five. Of the first $100 $180 in filing
134 fees, $80 must be remitted by the clerk to the Department of
135 Revenue for deposit into the General Revenue Fund, $95 must be
136 remitted to the Department of Revenue for deposit into the State
137 Courts Revenue Trust Fund, $4 $3.50 must be remitted to the
138 Department of Revenue for deposit into the Administrative Clerks
139 of the Court Trust Fund within the Department of Financial
140 Services Justice Administrative Commission and used to fund the
141 contract with the Florida Clerks of Court Operations Corporation
142 created in s. 28.35, and $1 $1.50 must be remitted to the
143 Department of Revenue for deposit into the Administrative Trust
144 Fund within the Department of Financial Services to fund audits
145 of individual clerks’ court-related expenditures clerk budget
146 reviews conducted by the Department of Financial Services.
147 c. An additional filing fee of $4 shall be paid to the
148 clerk. The clerk shall remit $3.50 to the Department of Revenue
149 for deposit into the Court Education Trust Fund and shall remit
150 50 cents to the Department of Revenue for deposit into the
151 Administrative Clerks of the Court Trust Fund within the
152 Department of Financial Services Justice Administrative
153 Commission to fund clerk education provided by the Florida
154 Clerks of Court Operations Corporation. An additional filing fee
155 of up to $18 shall be paid by the party seeking each severance
156 that is granted. The clerk may impose an additional filing fee
157 of up to $85 for all proceedings of garnishment, attachment,
158 replevin, and distress. Postal charges incurred by the clerk of
159 the circuit court in making service by certified or registered
160 mail on defendants or other parties shall be paid by the party
161 at whose instance service is made. Additional fees, charges, or
162 costs may not be added to the filing fees imposed under this
163 section, except as authorized in this section or by general law.
164 2.a. Notwithstanding the fees prescribed in subparagraph
165 1., a party instituting a civil action in circuit court relating
166 to real property or mortgage foreclosure shall pay a graduated
167 filing fee based on the value of the claim.
168 b. A party shall estimate in writing the amount in
169 controversy of the claim upon filing the action. For purposes of
170 this subparagraph, the value of a mortgage foreclosure action is
171 based upon the principal due on the note secured by the
172 mortgage, plus interest owed on the note and any moneys advanced
173 by the lender for property taxes, insurance, and other advances
174 secured by the mortgage, at the time of filing the foreclosure.
175 The value shall also include the value of any tax certificates
176 related to the property. In stating the value of a mortgage
177 foreclosure claim, a party shall declare in writing the total
178 value of the claim, as well as the individual elements of the
179 value as prescribed in this sub-subparagraph.
180 c. In its order providing for the final disposition of the
181 matter, the court shall identify the actual value of the claim.
182 The clerk shall adjust the filing fee if there is a difference
183 between the estimated amount in controversy and the actual value
184 of the claim and collect any additional filing fee owed or
185 provide a refund of excess filing fee paid.
186 d. The party shall pay a filing fee of:
187 (I) Three hundred and ninety-five dollars in all cases in
188 which the value of the claim is $50,000 or less and in which
189 there are not more than five defendants. The party shall pay an
190 additional filing fee of up to $2.50 for each defendant in
191 excess of five. Of the first $200 $280 in filing fees, $195 $275
192 must be remitted by the clerk to the Department of Revenue for
193 deposit into the General Revenue Fund, $4 $3.50 must be remitted
194 to the Department of Revenue for deposit into the Administrative
195 Clerks of the Court Trust Fund within the Department of
196 Financial Services Justice Administrative Commission and used to
197 fund the contract with the Florida Clerks of Court Operations
198 Corporation created in s. 28.35, and $1 $1.50 must be remitted
199 to the Department of Revenue for deposit into the Administrative
200 Trust Fund within the Department of Financial Services to fund
201 audits of individual clerks’ court-related expenditures clerk
202 budget reviews conducted by the Department of Financial
203 Services;
204 (II) Nine hundred dollars in all cases in which the value
205 of the claim is more than $50,000 but less than $250,000 and in
206 which there are not more than five defendants. The party shall
207 pay an additional filing fee of up to $2.50 for each defendant
208 in excess of five. Of the first $705 $785 in filing fees, $700
209 $780 must be remitted by the clerk to the Department of Revenue
210 for deposit into the General Revenue Fund, $4 $3.50 must be
211 remitted to the Department of Revenue for deposit into the
212 Administrative Clerks of the Court Trust Fund within the
213 Department of Financial Services Justice Administrative
214 Commission and used to fund the contract with the Florida Clerks
215 of Court Operations Corporation created described in s. 28.35,
216 and $1 $1.50 must be remitted to the Department of Revenue for
217 deposit into the Administrative Trust Fund within the Department
218 of Financial Services to fund audits of individual clerks’
219 court-related expenditures clerk budget reviews conducted by the
220 Department of Financial Services; or
221 (III) One thousand nine hundred dollars in all cases in
222 which the value of the claim is $250,000 or more and in which
223 there are not more than five defendants. The party shall pay an
224 additional filing fee of up to $2.50 for each defendant in
225 excess of five. Of the first $1,705 $1,785 in filing fees, $930
226 $1,010 must be remitted by the clerk to the Department of
227 Revenue for deposit into the General Revenue Fund, $770 must be
228 remitted to the Department of Revenue for deposit into the State
229 Courts Revenue Trust Fund, $4 $3.50 must be remitted to the
230 Department of Revenue for deposit into the Administrative Clerks
231 of the Court Trust Fund within the Department of Financial
232 Services Justice Administrative Commission to fund the contract
233 with the Florida Clerks of Court Operations Corporation created
234 in s. 28.35, and $1 $1.50 must be remitted to the Department of
235 Revenue for deposit into the Administrative Trust Fund within
236 the Department of Financial Services to fund audits of
237 individual clerks’ court-related expenditures clerk budget
238 reviews conducted by the Department of Financial Services.
239 e. An additional filing fee of $4 shall be paid to the
240 clerk. The clerk shall remit $3.50 to the Department of Revenue
241 for deposit into the Court Education Trust Fund and shall remit
242 50 cents to the Department of Revenue for deposit into the
243 Administrative Clerks of the Court Trust Fund within the
244 Department of Financial Services Justice Administrative
245 Commission to fund clerk education provided by the Florida
246 Clerks of Court Operations Corporation. An additional filing fee
247 of up to $18 shall be paid by the party seeking each severance
248 that is granted. The clerk may impose an additional filing fee
249 of up to $85 for all proceedings of garnishment, attachment,
250 replevin, and distress. Postal charges incurred by the clerk of
251 the circuit court in making service by certified or registered
252 mail on defendants or other parties shall be paid by the party
253 at whose instance service is made. Additional fees, charges, or
254 costs may not be added to the filing fees imposed under this
255 section, except as authorized in this section or by general law.
256 Section 4. Effective upon this act becoming a law, s.
257 28.2455, Florida Statutes, is repealed.
258 Section 5. Paragraph (b) of subsection (5) of section
259 28.246, Florida Statutes, is amended to read:
260 28.246 Payment of court-related fines or other monetary
261 penalties, fees, charges, and costs; partial payments;
262 distribution of funds.—
263 (5) When receiving partial payment of fees, service
264 charges, court costs, and fines, clerks shall distribute funds
265 according to the following order of priority:
266 (b) That portion of fees, service charges, court costs, and
267 fines required to be retained by the clerk of the court or
268 deposited into the Clerks of the Court Trust Fund within the
269 Department of Revenue Justice Administrative Commission.
270
271 To offset processing costs, clerks may impose either a per-month
272 service charge pursuant to s. 28.24(26)(b) or a one-time
273 administrative processing service charge at the inception of the
274 payment plan pursuant to s. 28.24(26)(c).
275 Section 6. Section 28.35, Florida Statutes, is amended to
276 read:
277 28.35 Florida Clerks of Court Operations Corporation.—
278 (1)(a) The Florida Clerks of Court Operations Corporation
279 is created as a public corporation organized to perform the
280 functions specified in this section and s. 28.36 and shall be
281 administratively housed within the Justice Administrative
282 Commission. The corporation shall be a budget entity within the
283 Justice Administrative Commission, and its employees shall be
284 considered state employees. The corporation is not subject to
285 control, supervision, or direction by the Justice Administrative
286 Commission in the performance of its duties, but the employees
287 of the corporation shall be governed by the classification plan
288 and salary and benefits plan of the Justice Administrative
289 Commission. The classification plan must have a separate chapter
290 for the corporation. All clerks of the circuit court shall be
291 members of the corporation and hold their position and authority
292 in an ex officio capacity. The functions assigned to the
293 corporation shall be performed by an executive council pursuant
294 to the plan of operation approved by the members.
295 (b) The executive council shall be composed of eight clerks
296 of the court elected by the clerks of the courts for a term of 2
297 years, with two clerks from counties with a population of fewer
298 than 100,000, two clerks from counties with a population of at
299 least 100,000 but fewer than 500,000, two clerks from counties
300 with a population of at least 500,000 but fewer than 1 million,
301 and two clerks from counties with a population of more than 1
302 million. The executive council shall also include, as ex officio
303 members, a designee of the President of the Senate and a
304 designee of the Speaker of the House of Representatives. The
305 Chief Justice of the Supreme Court shall designate one
306 additional member to represent the state courts system.
307 (c) The corporation shall be considered a political
308 subdivision of the state and shall be exempt from the corporate
309 income tax. The corporation is not subject to the provisions of
310 chapter 120.
311 (d) The functions assigned to the corporation under this
312 section and ss. 28.36 and 28.37 are considered to be for a valid
313 public purpose.
314 (2) The duties of the corporation shall include the
315 following:
316 (a) Adopting a plan of operation.
317 (b) Conducting the election of an executive council
318 directors as required in paragraph (1)(b) (1)(a).
319 (c) Recommending to the Legislature changes in the amounts
320 of the various court-related fines, fees, service charges, and
321 court costs established by law to ensure reasonable and adequate
322 funding of the clerks of the court in the performance of their
323 court-related functions.
324 (d) Developing and certifying a uniform system of workload
325 performance measures and applicable workload performance
326 standards for court-related functions as developed by the
327 corporation the functions specified in paragraph (3)(a) and the
328 service unit costs required in s. 28.36 and measures for clerk
329 workload performance in meeting the workload performance
330 standards. These workload measures and workload performance
331 standards shall be designed to facilitate an objective
332 determination of the performance of each clerk in accordance
333 with minimum standards for fiscal management, operational
334 efficiency, and effective collection of fines, fees, service
335 charges, and court costs. The corporation shall develop the
336 workload performance measures and workload performance standards
337 in consultation with the Legislature and the Supreme Court. The
338 Legislature may modify the clerk performance measures and
339 performance standards in legislation implementing the General
340 Appropriations Act or other law. When the corporation finds a
341 clerk has not met the workload performance standards, the
342 corporation shall identify the nature of each deficiency and any
343 corrective action recommended and taken by the affected clerk of
344 the court. The corporation shall notify the Legislature and the
345 Supreme Court of any clerk not meeting workload performance
346 standards and provide a copy of any corrective action plans. As
347 used in this subsection, the term:
348 1. “Workload measures” means the measurement of the
349 activities and frequency of the work required for the clerk to
350 adequately perform the court-related duties of the office as
351 defined by the membership of the Florida Clerks of Court
352 Operations Corporation.
353 2. “Workload performance standards” means the standards
354 developed to measure the timeliness and effectiveness of the
355 activities that are accomplished by the clerk in the performance
356 of the court-related duties of the office as defined by the
357 membership of the Florida Clerks of Court Operations
358 Corporation.
359 (e) Entering into a contract with the Department of
360 Financial Services for the department to audit the court-related
361 expenditures of individual clerks pursuant to s. 17.03.
362 (f)(e) Reviewing, certifying, and recommending proposed
363 budgets submitted by clerks of the court pursuant to s. 28.36.
364 As part of this process, the corporation shall:
365 1. Calculate the minimum amount of revenue necessary for
366 each clerk of the court to efficiently perform the list of
367 court-related functions specified in paragraph (3)(a). The
368 corporation shall apply the workload measures appropriate for
369 determining the individual level of review required to fund the
370 clerk’s budget.
371 2. Prepare a cost comparison of similarly situated clerks
372 of the court, based on county population and numbers of filings,
373 using the standard list of court-related functions specified in
374 paragraph (3)(a).
375 3. Conduct an annual base budget review and an annual
376 budget exercise examining the total budget of each clerk of the
377 court. The review shall examine revenues from all sources,
378 expenses of court-related functions, and expenses of noncourt
379 related functions as necessary to determine that court-related
380 revenues are not being used for noncourt-related purposes. The
381 review and exercise shall identify potential targeted budget
382 reductions in the percentage amount provided in Schedule VIII-B
383 of the state’s previous year’s legislative budget instructions,
384 as referenced in s. 216.023(3), or an equivalent schedule or
385 instruction as may be adopted by the Legislature.
386 4. Identify those proposed budgets containing funding for
387 items not included on the standard list of court-related
388 functions specified in paragraph (3)(a).
389 5. Identify those clerks projected to have court-related
390 revenues insufficient to fund their anticipated court-related
391 expenditures.
392 6. Use revenue estimates based on the official estimate for
393 funds accruing to the clerks of the court made by the Revenue
394 Estimating Conference.
395 7. Identify and report pay and benefit increases in any
396 proposed clerk budget, including, but not limited to, cost of
397 living increases, merit increases, and bonuses.
398 8. Provide detailed explanation for increases in
399 anticipated expenditures in any clerk budget that exceeds the
400 current year budget by more than 3 percent.
401 9. Identify and report the budget of any clerk which
402 exceeds the average budget of similarly situated clerks by more
403 than ten percent.
404 (g)(f) Developing and conducting clerk education programs.
405 (g) Publishing a uniform schedule of actual fees, service
406 charges, and costs charged by a clerk of the court pursuant to
407 general law.
408 (h) Beginning August 1, 2014, and each August 1 thereafter,
409 submitting to the Legislative Budget Commission, as provided in
410 s. 11.90, its proposed budget and the information described in
411 paragraph (f), as well as the proposed budgets for each clerk of
412 the court. Before October 1 of each year beginning in 2014, the
413 Legislative Budget Commission shall consider the submitted
414 budgets and shall approve, disapprove, or amend and approve the
415 corporation’s budget and shall approve, disapprove, or amend and
416 approve the total of the clerks’ combined budgets or any
417 individual clerk’s budget. If the Legislative Budget Commission
418 fails to approve or amend and approve the corporation’s budget
419 or the clerks’ combined budgets before October 1, the clerk
420 shall continue to perform the court-related functions based upon
421 the clerk’s budget for the previous county fiscal year.
422 (3)(a) The list of court-related functions that clerks may
423 fund from filing fees, service charges, costs, and fines is
424 perform are limited to those functions expressly authorized by
425 law or court rule. Those functions include the following: case
426 maintenance; records management; court preparation and
427 attendance; processing the assignment, reopening, and
428 reassignment of cases; processing of appeals; collection and
429 distribution of fines, fees, service charges, and court costs;
430 processing of bond forfeiture payments; payment of jurors and
431 witnesses; payment of expenses for meals or lodging provided to
432 jurors; data collection and reporting; processing of jurors;
433 determinations of indigent status; and paying reasonable
434 administrative support costs to enable the clerk of the court to
435 carry out these court-related functions.
436 (b) The list of court-related functions that clerks may not
437 fund from filing fees, service charges, costs, and fines
438 includes state appropriations include:
439 1. Those functions not specified within paragraph (a).
440 2. Functions assigned by administrative orders which are
441 not required for the clerk to perform the functions in paragraph
442 (a).
443 3. Enhanced levels of service which are not required for
444 the clerk to perform the functions in paragraph (a).
445 4. Functions identified as local requirements in law or
446 local optional programs.
447 (4) The corporation shall prepare a legislative budget
448 request for the resources necessary to perform its duties,
449 submit the request pursuant to chapter 216, and be funded
450 pursuant to a contract with the Chief Financial Officer. Funds
451 shall be provided to the Chief Financial Officer for such
452 purpose as appropriated by general law. Such funds shall be
453 available to the corporation for the performance of the duties
454 and responsibilities set forth in this section as a budget
455 entity in the General Appropriations Act. The corporation shall
456 participate in the Florida Retirement System for its eligible
457 employees as provided in chapter 121. The corporation may hire
458 staff and pay other expenses from such funds state
459 appropriations as necessary to perform the official duties and
460 responsibilities of the corporation as described in this section
461 by law.
462 (5) Certified public accountants conducting audits of
463 counties pursuant to s. 218.39 shall report, as part of the
464 audit, whether or not the clerks of the courts have complied
465 with the requirements of this section and s. 28.36. In addition,
466 each clerk of court shall forward a copy of the portion of the
467 financial audit relating to the court-related duties of the
468 clerk of court to the Florida Clerks of Court Operations
469 Corporation Supreme Court. The Auditor General shall develop a
470 compliance supplement for the audit of compliance with the
471 budgets and applicable workload performance standards certified
472 by the corporation.
473 Section 7. Section 28.36, Florida Statutes, is amended to
474 read:
475 28.36 Budget procedure.—There is established a budget
476 procedure for preparing budget requests for funding for the
477 court-related functions of the clerks of the court.
478 (1) Only those functions listed in s. 28.35(3)(a) may be
479 funded from fees, service charges, costs, and fines retained by
480 the clerks of the court Each clerk of court shall prepare a
481 budget request for the last quarter of the county fiscal year
482 and the first three quarters of the next county fiscal year. The
483 proposed budget shall be prepared, summarized, and submitted by
484 the clerk in each county to the Florida Clerks of Court
485 Operations Corporation in the manner and form prescribed by the
486 corporation to meet the requirements of law. Each clerk shall
487 forward a copy of his or her budget request to the Supreme
488 Court. The budget requests must be provided to the corporation
489 by October 1 of each year.
490 (2) Each clerk shall include in his or her budget request a
491 projection of the amount of court-related fees, service charges,
492 and any other court-related clerk fees which will be collected
493 during the proposed budget period. If the corporation determines
494 that the proposed budget is limited to the standard list of
495 court-related functions in s. 28.35(3)(a) and the projected
496 court-related revenues are less than the proposed budget, the
497 clerk shall increase all fees, service charges, and any other
498 court-related clerk fees and charges to the maximum amounts
499 specified by law or the amount necessary to resolve the deficit,
500 whichever is less.
501 (2)(3) Each proposed budget shall further conform to the
502 following requirements clerk shall include in his or her budget
503 request the number of personnel and the proposed budget for each
504 of the following core services:
505 (a) On or before June 1 of each year beginning in 2014, the
506 proposed budget shall be prepared, summarized, and submitted by
507 the clerk in each county to the Florida Clerks of Court
508 Operations Corporation in the manner and form prescribed by the
509 corporation. The proposed budget must provide detailed
510 information on the anticipated revenues available and
511 expenditures necessary for the performance of the court-related
512 functions listed in s. 28.35(3)(a) of the clerk’s office for the
513 county fiscal year beginning October 1.
514 (b) The proposed budget must be balanced such that the
515 total of the estimated revenues available equals or exceeds the
516 total of the anticipated expenditures. Such revenues include
517 revenue projected to be received from fees, service charges,
518 costs, and fines for court-related functions during the fiscal
519 period covered by the budget. The anticipated expenditures must
520 be itemized as required by the corporation.
521 (a) Circuit criminal.
522 (b) County criminal.
523 (c) Juvenile delinquency.
524 (d) Criminal traffic.
525 (e) Circuit civil.
526 (f) County civil.
527 (g) Civil traffic.
528 (h) Probate.
529 (i) Family.
530 (j) Juvenile dependency.
531
532 Central administrative costs shall be allocated among the core
533 services categories.
534 (3) If a clerk of the court estimates that available funds
535 plus projected revenues from fines, fees, service charges, and
536 costs for court-related services are insufficient to meet the
537 anticipated expenditures for the standard list of court-related
538 functions in s. 28.35(3)(a) performed by his or her office, the
539 clerk must report the revenue deficit to the corporation in the
540 manner and form prescribed by the corporation. The corporation
541 shall verify that the proposed budget is limited to the standard
542 list of court-related functions in s. 28.35(3)(a). If the
543 corporation verifies that a revenue deficit is projected, the
544 corporation shall certify a revenue deficit and notify the
545 Department of Revenue that the clerk is authorized to retain
546 revenues, in an amount necessary to fully fund the projected
547 revenue deficit, which he or she would otherwise be required to
548 remit to the Department of Revenue for deposit into the
549 department’s Clerks of the Court Trust Fund pursuant to s.
550 28.37. If a revenue deficit is projected for that clerk after
551 retaining all of the projected collections from the court
552 related fines, fees, service charges, and costs, the corporation
553 shall certify the amount of the revenue deficit to the Executive
554 Office of the Governor and request release authority for funds
555 from the department’s Clerks of the Court Trust Fund.
556 Notwithstanding s. 216.192 relating to the release of funds, the
557 Executive Office of the Governor may approve the release of
558 funds in accordance with the notice, review, and objection
559 procedures set forth in s. 216.177 and shall provide notice to
560 the Department of Revenue and the Chief Financial Officer. The
561 Department of Revenue shall request monthly distributions from
562 the Chief Financial Officer in equal amounts to each clerk
563 certified to have a revenue deficit, in accordance with the
564 releases approved by the Governor.
565 (4) The Legislative Budget Commission may approve increases
566 or decreases to the previously authorized budgets approved for
567 individual clerks of the court pursuant to s. 28.35 for court
568 related functions, if:
569 (a) The additional budget authority is necessary to pay the
570 cost of performing new or additional functions required by
571 changes in law or court rule; or
572 (b) The additional budget authority is necessary to pay the
573 cost of supporting increases in the number of judges or
574 magistrates authorized by the Legislature.
575 (4) The budget request must identify the service units to
576 be provided within each core service. The service units shall be
577 developed by the corporation, in consultation with the Supreme
578 Court, the Chief Financial Officer, and the appropriations
579 committees of the Senate and the House of Representatives.
580 (5) The budget request must propose a unit cost for each
581 service unit. The corporation shall provide a copy of each
582 clerk’s budget request to the Supreme Court.
583 (6) The corporation shall review each individual clerk’s
584 prior-year expenditures, projected revenue, proposed unit costs,
585 and the proposed budget for each of the core-services
586 categories. The corporation shall compare each clerk’s prior
587 year expenditures and unit costs for core services with a peer
588 group of clerks’ offices having a population of a similar size
589 and a similar number of case filings. If the corporation finds
590 that the expenditures, unit costs, or proposed budget of a clerk
591 is significantly higher than those of clerks in that clerk’s
592 peer group, the corporation shall require the clerk to submit
593 documentation justifying the difference in each core-services
594 category. Justification for higher expenditures may include, but
595 is not limited to, collective bargaining agreements, county
596 civil service agreements, and the number and distribution of
597 courthouses served by the clerk. If the expenditures and unit
598 costs are not justified, the corporation shall recommend a
599 reduction in the funding for that core-services category in the
600 budget request to an amount similar to the peer group of clerks
601 or to an amount that the corporation determines is justified.
602 (7) The corporation shall complete its review and
603 adjustments to the clerks’ budget requests and make its
604 recommendations to the Legislature and the Supreme Court by
605 December 1 each year.
606 (8) The Chief Financial Officer shall review the proposed
607 unit costs associated with each clerk of court’s budget request
608 and make recommendations to the Legislature. The Chief Financial
609 Officer may conduct any audit of the corporation or a clerk of
610 court as authorized by law. The Chief Justice of the Supreme
611 Court may request an audit of the corporation or any clerk of
612 court by the Chief Financial Officer.
613 (9) The Legislature shall appropriate the total amount for
614 the budgets of the clerks in the General Appropriations Act. The
615 Legislature may reject or modify any or all of the unit costs
616 recommended by the corporation. If the Legislature does not
617 specify the unit costs in the General Appropriations Act or
618 other law, the unit costs recommended by the corporation shall
619 be the official unit costs for that budget period.
620 (10)(a) Beginning in the 2010-2011 fiscal year, the
621 corporation shall release appropriations to each clerk
622 quarterly. If funds in the Clerks of Court Trust Fund are
623 insufficient to provide a release in a quarter in a single
624 release, the corporation may release partial amounts for that
625 quarter so long as the total of those partial amounts does not
626 exceed that quarter’s release. If funds in the Clerks of Court
627 Trust Fund are insufficient for the first quarter release, the
628 corporation may make a request to the Governor for a trust fund
629 loan pursuant to chapter 215. The amount of the first three
630 releases shall be based on one quarter of the estimated budget
631 for each clerk as identified in the General Appropriations Act.
632 (b) The corporation shall estimate the fourth quarter’s
633 number of units to be performed by each clerk. The amount of the
634 fourth-quarter release shall be based on the approved unit cost
635 times the estimated number of units of the fourth quarter with
636 the following adjustment: the fourth-quarter release shall be
637 adjusted based on the first three quarter’s actual number of
638 service units provided as reported to the corporation by each
639 clerk. If the clerk has performed fewer service units in the
640 first three quarters of the year compared to three quarters of
641 the estimated number of service units in the General
642 Appropriations Act, the corporation shall decrease the fourth
643 quarter release. The amount of the decrease shall equal the
644 amount of the difference between the estimated number of service
645 units for the first three quarters and the actual number of
646 service units provided in the first three quarters times the
647 approved unit cost.
648 (c) No adjustment for the fourth-quarter release shall be
649 made if the clerk has performed more units than the estimate for
650 the first three quarters.
651 (d) If the clerk performs fewer units in the fourth quarter
652 than estimated by the corporation, the corporation shall
653 decrease the first-quarter release for the clerk in the next
654 fiscal year by the amount of the difference between the
655 estimated number of service units for the fourth quarter and the
656 actual number of service units performed in that quarter times
657 the approved unit cost.
658 (e) The total of all releases to the clerks of court may
659 not exceed the amount appropriated in the General Appropriations
660 Act. If, during the year, the corporation determines that the
661 projected releases of appropriations for service units will
662 exceed the estimate used in the General Appropriations Act and
663 result in statewide expenditures greater than the amount
664 appropriated by law, the corporation shall reduce all service
665 unit costs of all clerks by the amount necessary to ensure that
666 service units are funded within the total amount appropriated to
667 the clerks of court. If such action is necessary, the
668 corporation shall notify the Legislative Budget Commission. If
669 the Legislative Budget Commission objects to the adjustments,
670 the Legislative Budget Commission shall adjust all service unit
671 costs by the amount necessary to ensure that projected units of
672 service are funded within the total amount appropriated to the
673 clerks of court at its next scheduled meeting.
674 (11) The corporation may submit proposed legislation to the
675 Governor, the President of the Senate, and the Speaker of the
676 House of Representatives relating to the preparation of budget
677 requests of the clerks of court.
678 Section 8. Section 28.37, Florida Statutes, is amended to
679 read:
680 28.37 Fines, fees, service charges, and costs remitted to
681 the state.—
682 (1) Pursuant to s. 14(b), Art. V of the State Constitution,
683 selected salaries, costs, and expenses of the state courts
684 system and court-related functions shall be funded from a
685 portion of the revenues derived from statutory fines, fees,
686 service charges, and costs collected by the clerks of the court.
687 (2) Beginning November 1, 2013, that portion of all fines,
688 fees, service charges, and costs collected by the clerks of the
689 court for the previous month which is in excess of one-twelfth
690 of the clerks’ total budget for the performance of court-related
691 functions shall be remitted to the Department of Revenue for
692 deposit into the Clerks of the Court Trust Fund. Such
693 collections do not include funding received for the operation of
694 the Title IV-D child support collections and disbursement
695 program. The clerk of the court shall remit the revenues
696 collected during the previous month due to the state on or
697 before the 10th day of each month.
698 (3) No later than January 25, 2015, and each January 25
699 thereafter for the previous county fiscal year, the clerks of
700 court, in consultation with the Florida Clerks of Court
701 Operations Corporation, shall remit to the Department of Revenue
702 for deposit in the General Revenue Fund the cumulative excess of
703 all fines, fees, service charges, and costs retained by the
704 clerks of the court, plus any funds received by the clerks of
705 the court from the Clerks of the Court Trust Fund under s.
706 28.36(3), which exceed the amount needed to meet their
707 authorized budget amounts established under s. 28.35. The
708 Department of Revenue shall transfer from the Clerks of Court
709 Trust Fund to the General Revenue Fund the cumulative excess of
710 all fines, fees, service charges, and costs submitted by the
711 clerks of court pursuant to subsection (2). However, if the
712 official estimate for funds accruing to the clerks of court made
713 by the Revenue Estimating Conference for the current fiscal year
714 or the next fiscal year is less than the cumulative amount of
715 authorized budgets for the clerks of court for the current
716 fiscal year, the Department of Revenue shall retain in the
717 Clerks of the Court Trust Fund the estimated amount needed to
718 fully fund the clerks of court for the current and next fiscal
719 year based upon the current budget established under s. 28.35.
720 (4) The Department of Revenue shall collect any funds that
721 the Florida Clerks of Court Operations Corporation determines
722 upon investigation were due but not remitted to the Department
723 of Revenue. The corporation shall notify the clerk of the court
724 and the Department of Revenue of the amount due to the
725 Department of Revenue. The clerk of the court shall remit the
726 amount due no later than the 10th day of the month following the
727 month in which notice is provided by the corporation to the
728 clerk of the court.
729 (5)(2) Ten Except as otherwise provided in ss. 28.241 and
730 34.041, all court-related fines, fees, service charges, and
731 costs are considered state funds and shall be remitted by the
732 clerk to the Department of Revenue for deposit into the Clerks
733 of the Court Trust Fund within the Justice Administrative
734 Commission. However, 10 percent of all court-related fines
735 collected by the clerk, except for penalties or fines
736 distributed to counties or municipalities under s.
737 316.0083(1)(b)3. or s. 318.18(15)(a), shall be deposited into
738 the clerk’s Public Records Modernization Trust Fund to be used
739 exclusively for additional clerk court-related operational needs
740 and program enhancements.
741 Section 9. Paragraph (b) of subsection (1) of section
742 34.041, Florida Statutes, is amended, and paragraph (a) of that
743 subsection is republished, to read:
744 34.041 Filing fees.—
745 (1)(a) Filing fees are due at the time a party files a
746 pleading to initiate a proceeding or files a pleading for
747 relief. Reopen fees are due at the time a party files a pleading
748 to reopen a proceeding if at least 90 days have elapsed since
749 the filing of a final order or final judgment with the clerk. If
750 a fee is not paid upon the filing of the pleading as required
751 under this section, the clerk shall pursue collection of the fee
752 pursuant to s. 28.246. Upon the institution of any civil action,
753 suit, or proceeding in county court, the party shall pay the
754 following filing fee, not to exceed:
755 1. For all claims less than $100.....................$50.
756 2. For all claims of $100 or more but not more than $500$75.
757 3. For all claims of more than $500 but not more than
758 $2,500.....................................................$170.
759 4. For all claims of more than $2,500...............$295.
760 5. In addition, for all proceedings of garnishment,
761 attachment, replevin, and distress..........................$85.
762 6. Notwithstanding subparagraphs 3. and 5., for all claims
763 of not more than $1,000 filed simultaneously with an action for
764 replevin of property that is the subject of the claim......$125.
765 7. For removal of tenant action.....................$180.
766
767 The filing fee in subparagraph 6. is the total fee due under
768 this paragraph for that type of filing, and no other filing fee
769 under this paragraph may be assessed against such a filing.
770 (b) The first $80 of the filing fee collected under
771 subparagraph (a)4. shall be remitted to the Department of
772 Revenue for deposit into the General Revenue Fund. The next $15
773 of the filing fee collected under subparagraph (a)4., and the
774 first $10 of the filing fee collected under subparagraph (a)7.,
775 shall be deposited in the State Courts Revenue Trust Fund. By
776 the 10th day of each month, the clerk shall submit that portion
777 of the fees collected in the previous month which is in excess
778 of one-twelfth of the clerk’s total budget for the performance
779 of court-related functions to the Department of Revenue for
780 deposit into the Clerks of the Court Trust Fund. An additional
781 filing fee of $4 shall be paid to the clerk. The clerk shall
782 transfer $3.50 to the Department of Revenue for deposit into the
783 Court Education Trust Fund and shall transfer 50 cents to the
784 Department of Revenue for deposit into the Administrative Clerks
785 of the Court Trust Fund within the Department of Financial
786 Services Justice Administrative Commission to fund clerk
787 education provided by the Florida Clerks of Court Operations
788 Corporation. Postal charges incurred by the clerk of the county
789 court in making service by mail on defendants or other parties
790 shall be paid by the party at whose instance service is made.
791 Except as provided in this section herein, filing fees and
792 service charges for performing duties of the clerk relating to
793 the county court shall be as provided in ss. 28.24 and 28.241.
794 Except as otherwise provided in this section herein, all filing
795 fees shall be retained as fee income of the office of the clerk
796 of the circuit court remitted to the Department of Revenue for
797 deposit into the Clerks of the Court Trust Fund within the
798 Justice Administrative Commission. Filing fees imposed by this
799 section may not be added to any penalty imposed by chapter 316
800 or chapter 318.
801 Section 10. Subsection (5) of section 43.16, Florida
802 Statutes, is amended to read:
803 43.16 Justice Administrative Commission; membership, powers
804 and duties.—
805 (5) The duties of the commission shall include, but not be
806 limited to, the following:
807 (a) The maintenance of a central state office for
808 administrative services and assistance when possible to and on
809 behalf of the state attorneys and public defenders of Florida,
810 the capital collateral regional counsel of Florida, the criminal
811 conflict and civil regional counsel, and the Guardian Ad Litem
812 Program, and the Florida Clerks of Court Operations Corporation.
813 (b) Each state attorney, public defender, and criminal
814 conflict and civil regional counsel and, the Guardian Ad Litem
815 Program, and the Florida Clerks of Court Operations Corporation
816 shall continue to prepare necessary budgets, vouchers that
817 represent valid claims for reimbursement by the state for
818 authorized expenses, and other things incidental to the proper
819 administrative operation of the office, such as revenue
820 transmittals to the Chief Financial Officer and automated
821 systems plans, but will forward such items same to the
822 commission for recording and submission to the proper state
823 officer. However, when requested by a state attorney, a public
824 defender, a criminal conflict and civil regional counsel, or the
825 Guardian Ad Litem Program, the commission will either assist in
826 the preparation of budget requests, voucher schedules, and other
827 forms and reports or accomplish the entire project involved.
828 Section 11. Paragraph (x) of subsection (2) of section
829 110.205, Florida Statutes, is amended to read:
830 110.205 Career service; exemptions.—
831 (2) EXEMPT POSITIONS.—The exempt positions that are not
832 covered by this part include the following:
833 (x) All officers and employees of the Justice
834 Administrative Commission, Office of the State Attorney, Office
835 of the Public Defender, regional offices of capital collateral
836 counsel, offices of criminal conflict and civil regional
837 counsel, and Statewide Guardian Ad Litem Office, including the
838 circuit guardian ad litem programs and the Florida Clerks of
839 Court Operations Corporation.
840 Section 12. Section 142.01, Florida Statutes, is amended to
841 read:
842 142.01 Fine and forfeiture fund; disposition of revenue;
843 clerk of the circuit court.—
844 (1) There shall be established by the clerk of the circuit
845 court in each county of this state a separate fund to be known
846 as the fine and forfeiture fund for use by the clerk of the
847 circuit court in performing court-related functions. The fund
848 shall consist of the following:
849 (a) Fines and penalties pursuant to ss. 28.2402(2),
850 34.045(2), 316.193, 327.35, 327.72, 379.2203(1), and 775.083(1).
851 (b) That portion of civil penalties directed to this fund
852 pursuant to s. 318.21.
853 (c) Court costs pursuant to ss. 28.2402(1)(b),
854 34.045(1)(b), 318.14(10)(b), 318.18(11)(a), 327.73(9)(a) and
855 (11)(a), and 938.05(3).
856 (d) Proceeds from forfeited bail bonds, unclaimed bonds,
857 unclaimed moneys, or recognizances pursuant to ss. 321.05(4)(a),
858 379.2203(1), and 903.26(3)(a).
859 (e) Fines and forfeitures pursuant to s. 34.191.
860 (f) Filing fees received pursuant to ss. 28.241 and 34.041,
861 unless the disposition of such fees is otherwise required by
862 law.
863 (g)(f) All other revenues received by the clerk as revenue
864 authorized by law to be retained by the clerk.
865 (2) All revenues received by the clerk in the fine and
866 forfeiture fund from court-related fees, fines, costs, and
867 service charges are considered state funds and shall be remitted
868 monthly to the Department of Revenue for deposit into the Clerks
869 of the Court Trust Fund within the Justice Administrative
870 Commission.
871 (2)(3) Notwithstanding the provisions of this section, all
872 fines and forfeitures arising from operation of the provisions
873 of s. 318.1215 shall be disbursed in accordance with that
874 section.
875 Section 13. Section 213.131, Florida Statutes, is amended
876 to read:
877 213.131 Clerks of the Court Trust Fund within the
878 Department of Revenue Justice Administrative Commission.—The
879 Clerks of the Court Trust Fund is created within the Department
880 of Revenue Justice Administrative Commission.
881 Section 14. Subsection (2) of section 215.22, Florida
882 Statutes, is amended to read:
883 215.22 Certain income and certain trust funds exempt.—
884 (2) Moneys and income of a revenue nature shared with
885 political subdivisions or received from taxes or fees authorized
886 to be levied by any political subdivision, including moneys from
887 service charges, fees, costs, and fines deposited into the
888 Clerks of the Court Trust Fund within the Department of Revenue,
889 shall be exempt from the deduction required by s. 215.20(1).
890 Section 15. Paragraph (qq) of subsection (1) of section
891 216.011, Florida Statutes, is amended to read:
892 216.011 Definitions.—
893 (1) For the purpose of fiscal affairs of the state,
894 appropriations acts, legislative budgets, and approved budgets,
895 each of the following terms has the meaning indicated:
896 (qq) “State agency” or “agency” means any official,
897 officer, commission, board, authority, council, committee, or
898 department of the executive branch of state government. For
899 purposes of this chapter and chapter 215, “state agency” or
900 “agency” includes, but is not limited to, state attorneys,
901 public defenders, criminal conflict and civil regional counsel,
902 capital collateral regional counsel, the Florida Clerks of Court
903 Operations Corporation, the Justice Administrative Commission,
904 the Florida Housing Finance Corporation, and the Florida Public
905 Service Commission. Solely for the purposes of implementing s.
906 19(h), Art. III of the State Constitution, the terms “state
907 agency” or “agency” include the judicial branch.
908 Section 16. For the period of July 1, 2013, through
909 September 30, 2013, the clerks of the court are permitted to
910 spend $110,845,078 of their total collected revenues and the
911 Florida Clerks of Court Operations Corporation is permitted to
912 spend $405,412 of the revenues collected to fund the
913 corporation’s contract with the Department of Financial Services
914 pursuant to s. 27.35(4), Florida Statutes. The Florida Clerks of
915 Court Operations Corporation shall determine budget amounts for
916 the individual clerks for that period. For the county fiscal
917 year beginning October 1, 2013, and ending September 30, 2014,
918 the clerks of the court are permitted to spend $443,380,312 of
919 their total collected revenues and the Florida Clerks of Court
920 Operations Corporation is permitted to spend $1,621,648 of the
921 revenues collected to fund the corporation’s contract with the
922 Department of Financial Services pursuant to s. 27.35(4),
923 Florida Statutes. The Florida Clerks of Court Operations
924 Corporation shall determine budget amounts for the individual
925 clerks for that period.
926 Section 17. Notwithstanding the requirement in s. 28.245,
927 Florida Statutes, that all moneys collected by the clerks of
928 court be distributed pursuant to the law in effect at the time
929 of collection, the modifications in the distribution of moneys
930 made in sections 3, 9, and 12 of this act shall be applied to
931 moneys collected during June 2013. This section shall take
932 effect upon becoming law.
933 Section 18. Except as otherwise expressly provided in this
934 act and except for this section, which shall take effect upon
935 this act becoming a law, this act shall take effect July 1,
936 2013.