Florida Senate - 2015                                    SB 1080
       
       
        
       By Senator Dean
       
       
       
       
       
       5-00704-15                                            20151080__
    1                        A bill to be entitled                      
    2         An act relating to clerks of the circuit court;
    3         amending s. 28.241, F.S.; redirecting revenues from
    4         the filing fee for pleadings in specified civil
    5         actions in circuit court from the General Revenue Fund
    6         into the fine and forfeiture fund; amending s. 28.35,
    7         F.S.; revising the list of court-related functions
    8         that clerks may fund from filing fees, service
    9         charges, costs, and fines; amending s. 28.37, F.S.;
   10         removing an obsolete date; reducing the amount of the
   11         transfer of excess funds from the Clerks of the Court
   12         Trust Fund to the General Revenue Fund if certain
   13         deficits are estimated; restricting excess fund
   14         transfers to costs submitted for the previous county
   15         fiscal year; amending ss. 40.24 and 40.26, F.S.;
   16         transferring responsibility for payment of jury
   17         related costs from the clerk to the state; amending s.
   18         40.29, F.S.; requiring the clerk to forward quarterly
   19         estimates on jury-related costs to the Justice
   20         Administrative Commission; amending s. 40.31, F.S.;
   21         authorizing the Justice Administrative Commission to
   22         issue a certificate to the clerk if apportioned funds
   23         are insufficient to cover jury-related costs; amending
   24         s. 40.32, F.S.; removing a provision regarding funding
   25         of jury-related costs to conform to changes made by
   26         the act; amending s. 40.33, F.S.; authorizing the
   27         clerk to request the Justice Administrative Commission
   28         for additional funds to pay due-process costs in the
   29         event of a deficiency; amending s. 40.34, F.S.;
   30         requiring the clerk to provide for triplicate payroll
   31         for the payment of jurors; amending s. 318.18, F.S.;
   32         redirecting a portion of the revenue from the civil
   33         penalty for certain traffic infractions from the
   34         General Revenue Fund to the fine and forfeiture fund;
   35         removing an obsolete date; amending s. 318.21, F.S.;
   36         revising the distribution and payment of civil
   37         penalties received by a county court pursuant to ch.
   38         318, F.S.; amending s. 775.083, F.S.; redirecting
   39         revenue from fines when adjudication is withheld from
   40         the General Revenue Fund to the fine and forfeiture
   41         fund; providing for retroactive application;
   42         specifying the authorized budget for the clerks of the
   43         circuit court for the 2015-2016 county fiscal year;
   44         requiring clerks to submit jury-related cost estimates
   45         to the Justice Administrative Commission for the 2014
   46         2015 county fiscal year; providing an effective date.
   47          
   48  Be It Enacted by the Legislature of the State of Florida:
   49  
   50         Section 1. Paragraph (c) of subsection (1) of section
   51  28.241, Florida Statutes, is amended to read:
   52         28.241 Filing fees for trial and appellate proceedings.—
   53         (1) Filing fees are due at the time a party files a
   54  pleading to initiate a proceeding or files a pleading for
   55  relief. Reopen fees are due at the time a party files a pleading
   56  to reopen a proceeding if at least 90 days have elapsed since
   57  the filing of a final order or final judgment with the clerk. If
   58  a fee is not paid upon the filing of the pleading as required
   59  under this section, the clerk shall pursue collection of the fee
   60  pursuant to s. 28.246.
   61         (c)1. A party in addition to a party described in sub
   62  subparagraph (a)1.a. who files a pleading in an original civil
   63  action in circuit court for affirmative relief by cross-claim,
   64  counterclaim, counterpetition, or third-party complaint shall
   65  pay the clerk of court a fee of $395. A party in addition to a
   66  party described in sub-subparagraph (a)1.b. who files a pleading
   67  in an original civil action in circuit court for affirmative
   68  relief by cross-claim, counterclaim, counterpetition, or third
   69  party complaint shall pay the clerk of court a fee of $295. The
   70  clerk shall deposit remit the fee to the Department of Revenue
   71  for deposit into the fine and forfeiture fund established
   72  pursuant to s. 142.01 General Revenue Fund.
   73         2. A party in addition to a party described in subparagraph
   74  (a)2. who files a pleading in an original civil action in
   75  circuit court for affirmative relief by cross-claim,
   76  counterclaim, counterpetition, or third-party complaint shall
   77  pay the clerk of court a graduated fee of:
   78         a. Three hundred and ninety-five dollars in all cases in
   79  which the value of the pleading is $50,000 or less;
   80         b. Nine hundred dollars in all cases in which the value of
   81  the pleading is more than $50,000 but less than $250,000; or
   82         c. One thousand nine hundred dollars in all cases in which
   83  the value of the pleading is $250,000 or more.
   84  
   85  The clerk shall deposit remit the fees collected under this
   86  subparagraph to the Department of Revenue for deposit into the
   87  fine and forfeiture fund established pursuant to s. 142.01
   88  General Revenue Fund.
   89         Section 2. Paragraph (a) of subsection (3) of section
   90  28.35, Florida Statutes, is amended to read:
   91         28.35 Florida Clerks of Court Operations Corporation.—
   92         (3)(a) The list of court-related functions that clerks may
   93  fund from filing fees, service charges, costs, and fines is
   94  limited to those functions expressly authorized by law or court
   95  rule. Those functions include the following: case maintenance;
   96  records management; court preparation and attendance; processing
   97  the assignment, reopening, and reassignment of cases; processing
   98  of appeals; collection and distribution of fines, fees, service
   99  charges, and court costs; processing of bond forfeiture
  100  payments; payment of jurors and witnesses; payment of expenses
  101  for meals or lodging provided to jurors; data collection and
  102  reporting; processing of jurors; determinations of indigent
  103  status; and paying reasonable administrative support costs to
  104  enable the clerk of the court to carry out these court-related
  105  functions.
  106         Section 3. Subsections (2) and (3) of section 28.37,
  107  Florida Statutes, are amended to read:
  108         28.37 Fines, fees, service charges, and costs remitted to
  109  the state.—
  110         (2) The Beginning November 1, 2013, that portion of all
  111  fines, fees, service charges, and costs collected by the clerks
  112  of the court for the previous month which is in excess of one
  113  twelfth of the clerks’ total budget for the performance of
  114  court-related functions shall be remitted to the Department of
  115  Revenue for deposit into the Clerks of the Court Trust Fund.
  116  Such collections do not include funding received for the
  117  operation of the Title IV-D child support collections and
  118  disbursement program. The clerk of the court shall remit the
  119  revenues collected during the previous month due to the state on
  120  or before the 10th day of each month.
  121         (3) Each year, no later than January 25, 2015, and each
  122  January 25 thereafter for the previous county fiscal year, the
  123  clerks of court, in consultation with the Florida Clerks of
  124  Court Operations Corporation, shall remit to the Department of
  125  Revenue for deposit into the Clerks of the Court Trust in the
  126  General Revenue Fund the cumulative excess of all fines, fees,
  127  service charges, and costs retained by the clerks of the court,
  128  plus any funds received by the clerks of the court from the
  129  Clerks of the Court Trust Fund under s. 28.36(3), which exceed
  130  the amount needed to meet their authorized budget amounts
  131  established under s. 28.35. The Department of Revenue shall
  132  transfer from the Clerks of the Court Trust Fund to the General
  133  Revenue Fund the cumulative excess of all fines, fees, service
  134  charges, and costs submitted by the clerks of court for the
  135  previous county fiscal year pursuant to this section subsection
  136  (2). However, if the official estimate for funds accruing to the
  137  clerks of court made by the Revenue Estimating Conference for
  138  the current fiscal year or the next 2 fiscal years year is less
  139  than the cumulative amount of authorized budgets for the clerks
  140  of court for the current fiscal year, the Department of Revenue
  141  shall retain in the Clerks of the Court Trust Fund the estimated
  142  amount needed to fully fund the clerks of court for the current
  143  and next 2 fiscal years year based upon the current budget
  144  established under s. 28.35.
  145         Section 4. Subsections (3), (4), and (5) of section 40.24,
  146  Florida Statutes, are amended to read:
  147         40.24 Compensation and reimbursement policy.—
  148         (3)(a) Jurors who are regularly employed and who continue
  149  to receive regular wages while serving as jurors a juror are not
  150  entitled to receive compensation from the state clerk of the
  151  circuit court for the first 3 days of juror service.
  152         (b) Jurors who are not regularly employed or who do not
  153  continue to receive regular wages while serving as jurors a
  154  juror are entitled to receive $15 per day for the first 3 days
  155  of juror service.
  156         (4) Each juror who serves more than 3 days is entitled to
  157  be paid by the state clerk of the circuit court for the fourth
  158  day of service and each day thereafter at the rate of $30 per
  159  day of service.
  160         (5) Jurors are not entitled to additional reimbursement by
  161  the state clerk of the circuit court for travel or other out-of
  162  pocket expenses.
  163         Section 5. Section 40.26, Florida Statutes, is amended to
  164  read:
  165         40.26 Meals and lodging for jurors.—The sheriff, when
  166  required by order of the court, shall provide juries with meals
  167  and lodging, the expense to be taxed against and paid by the
  168  state clerk of the circuit court.
  169         Section 6. Subsections (1) and (4) of section 40.29,
  170  Florida Statutes, are amended to read:
  171         40.29 Payment of due-process costs.—
  172         (1) Each clerk of the circuit court shall forward to the
  173  Justice Administrative Commission:,
  174         (a) On behalf of the state attorney, private court
  175  appointed counsel, the public defender, and the criminal
  176  conflict and civil regional counsel, shall forward to the
  177  Justice Administrative Commission, by county, a quarterly
  178  estimate of funds necessary to pay for ordinary witnesses,
  179  including, but not limited to, witnesses in civil traffic cases
  180  and witnesses of the state attorney, the public defender,
  181  criminal conflict and civil regional counsel, private court
  182  appointed counsel, and persons determined to be indigent for
  183  costs. Each quarter of the state fiscal year, the commission,
  184  based upon the estimates, shall advance funds to each clerk to
  185  pay for these ordinary witnesses from state funds specifically
  186  appropriated for the payment of ordinary witnesses.
  187         (b)A quarterly estimate of funds necessary to pay jury
  188  related costs, including juror compensation and personnel and
  189  operational costs of the clerk directly related to jury
  190  management.
  191         (4) After review for compliance with applicable rates and
  192  requirements, the Justice Administrative Commission shall pay
  193  all invoices related to due process services and juries service
  194  related invoices, except those enumerated in subsection (1),
  195  approved and submitted by the state attorney, the public
  196  defender, the clerk of the circuit court, criminal conflict and
  197  civil regional counsel, or private court-appointed counsel in
  198  accordance with the applicable requirements of ss. 29.005,
  199  29.006, and 29.007.
  200         Section 7. Section 40.31, Florida Statutes, is amended to
  201  read:
  202         40.31 Justice Administrative Commission may apportion
  203  appropriation.—If the Justice Administrative Commission has
  204  reason to believe that the amounts amount appropriated by the
  205  Legislature are is insufficient to meet the expenses of
  206  witnesses or of jury-related costs during the remaining part of
  207  the state fiscal year, the commission may apportion the money in
  208  the treasury for that purpose among the several counties, basing
  209  such apportionment upon the amount expended for the payment of
  210  witnesses or for jury-related costs in each county during the
  211  prior fiscal year. In such case, each county shall be paid by
  212  warrant, issued by the Chief Financial Officer, only the amount
  213  so apportioned to each county., and, When the amount so
  214  apportioned is insufficient to pay in full all the witnesses
  215  during a quarterly fiscal period, the clerk of the court shall
  216  apportion the money received pro rata among the witnesses
  217  entitled to pay and shall give to each witness a certificate of
  218  the amount of compensation still due, which certificate shall be
  219  held by the commission as other demands against the state. When
  220  the amount apportioned is insufficient to pay in full all jury
  221  related costs of the clerk of the court during a quarterly
  222  fiscal period, the commission shall give each clerk a
  223  certificate of the amount still due. The certificate shall be
  224  held by the commission as other demands against the state.
  225         Section 8. Section 40.32, Florida Statutes, is amended to
  226  read:
  227         40.32 Clerks to disburse money; payments to jurors and
  228  witnesses.—
  229         (1) All moneys drawn from the treasury under the provisions
  230  of this chapter by the clerk of the court shall be disbursed by
  231  the clerk of the court as far as needed in payment of jurors and
  232  witnesses, except for expert witnesses paid under a contract or
  233  other professional services agreement pursuant to ss. 29.004,
  234  29.005, 29.006, and 29.007, for the legal compensation for
  235  service during the quarterly fiscal period for which the moneys
  236  were drawn and for no other purposes.
  237         (2) The payment of jurors and the payment of expenses for
  238  meals and lodging for jurors under the provisions of this
  239  chapter are court-related functions that the clerk of the court
  240  shall fund from filing fees, service charges, court costs, and
  241  fines as part of the maximum annual budget under ss. 28.35 and
  242  28.36.
  243         (2)(3) Jurors and witnesses shall be paid by the clerk of
  244  the court in cash, by check, or by warrant within 20 days after
  245  completion of jury service or completion of service as a
  246  witness.
  247         (a) If the clerk of the court pays a juror or witness by
  248  cash, the juror or witness shall sign the payroll in the
  249  presence of the clerk, a deputy clerk, or some other person
  250  designated by the clerk.
  251         (b) If the clerk pays a juror or witness by warrant, he or
  252  she shall endorse on the payroll opposite the juror’s or
  253  witness’s name the words “Paid by warrant,” giving the number
  254  and date of the warrant.
  255         Section 9. Section 40.33, Florida Statutes, is amended to
  256  read:
  257         40.33 Deficiency.—If the funds required for payment of the
  258  items enumerated in s. 40.29(1) in any county during a quarterly
  259  fiscal period exceeds the amount of the funds provided pursuant
  260  to s. 40.29(3), the state attorney, public defender, clerk of
  261  the circuit court, or criminal conflict and civil regional
  262  counsel, as applicable, shall make a further request upon the
  263  Justice Administrative Commission for the items enumerated in s.
  264  40.29(1) for the amount necessary to allow for full payment.
  265         Section 10. Section 40.34, Florida Statutes, is amended to
  266  read:
  267         40.34 Clerks to make triplicate payroll.—
  268         (1) The clerk of the court shall make out a payroll in
  269  triplicate for the payment of jurors and witnesses, which
  270  payroll shall contain:
  271         (a) The name of each juror and witness entitled to be paid
  272  with state funds;
  273         (b) The number of days for which the jurors and witnesses
  274  are entitled to be paid;
  275         (c) The number of miles traveled by each; and
  276         (d) The total compensation each juror and witness is
  277  entitled to receive.
  278         (2) The form of such payroll shall be prescribed by the
  279  Chief Financial Officer.
  280         (3) Compensation paid a juror or witness shall be attested
  281  as provided in s. 40.32. The payroll shall be approved by the
  282  signature of the clerk, or his or her deputy, except for the
  283  payroll as to witnesses appearing before the state attorney,
  284  which payroll shall be approved by the signature of the state
  285  attorney or an assistant state attorney.
  286         (4) The clerks of the courts shall forward two copies of
  287  such payrolls to the Justice Administrative Commission, within 2
  288  weeks after the last day of the quarterly fiscal period, and the
  289  commission shall audit such payrolls.
  290         Section 11. Paragraph (a) of subsection (8) and paragraph
  291  (a) of subsection (15) of section 318.18, Florida Statutes, are
  292  amended to read:
  293         318.18 Amount of penalties.—The penalties required for a
  294  noncriminal disposition pursuant to s. 318.14 or a criminal
  295  offense listed in s. 318.17 are as follows:
  296         (8)(a) Any person who fails to comply with the court’s
  297  requirements or who fails to pay the civil penalties specified
  298  in this section within the 30-day period provided for in s.
  299  318.14 must pay an additional civil penalty of $16, $6.50 of
  300  which must be deposited into the fine and forfeiture fund
  301  established pursuant to s. 142.01 remitted to the Department of
  302  Revenue for deposit in the General Revenue Fund, and $9.50 of
  303  which must be remitted to the Department of Revenue for deposit
  304  in the Highway Safety Operating Trust Fund. Of this additional
  305  civil penalty of $16, $4 is not revenue for purposes of s. 28.36
  306  and may not be used in establishing the budget of the clerk of
  307  the court under that section or s. 28.35. The department shall
  308  contract with the Florida Association of Court Clerks, Inc., to
  309  design, establish, operate, upgrade, and maintain an automated
  310  statewide Uniform Traffic Citation Accounting System to be
  311  operated by the clerks of the court which shall include, but not
  312  be limited to, the accounting for traffic infractions by type, a
  313  record of the disposition of the citations, and an accounting
  314  system for the fines assessed and the subsequent fine amounts
  315  paid to the clerks of the court. On or before December 1, 2001,
  316  The clerks of the court must provide the information required by
  317  this chapter to be transmitted to the department by electronic
  318  transmission pursuant to the contract.
  319         (15)(a)1. One hundred and fifty-eight dollars for a
  320  violation of s. 316.074(1) or s. 316.075(1)(c)1. when a driver
  321  has failed to stop at a traffic signal and when enforced by a
  322  law enforcement officer. Sixty dollars shall be distributed as
  323  provided in s. 318.21, $30 shall be deposited into the fine and
  324  forfeiture fund established pursuant to s. 142.01 distributed to
  325  the General Revenue Fund, $3 shall be remitted to the Department
  326  of Revenue for deposit into the Brain and Spinal Cord Injury
  327  Trust Fund, and the remaining $65 shall be remitted to the
  328  Department of Revenue for deposit into the Emergency Medical
  329  Services Trust Fund of the Department of Health.
  330         2. One hundred and fifty-eight dollars for a violation of
  331  s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  332  stop at a traffic signal and when enforced by the department’s
  333  traffic infraction enforcement officer. One hundred dollars
  334  shall be remitted to the Department of Revenue for deposit into
  335  the General Revenue Fund, $45 shall be distributed to the county
  336  for any violations occurring in any unincorporated areas of the
  337  county or to the municipality for any violations occurring in
  338  the incorporated boundaries of the municipality in which the
  339  infraction occurred, $10 shall be remitted to the Department of
  340  Revenue for deposit into the Department of Health Emergency
  341  Medical Services Trust Fund for distribution as provided in s.
  342  395.4036(1), and $3 shall be remitted to the Department of
  343  Revenue for deposit into the Brain and Spinal Cord Injury Trust
  344  Fund.
  345         3. One hundred and fifty-eight dollars for a violation of
  346  s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  347  stop at a traffic signal and when enforced by a county’s or
  348  municipality’s traffic infraction enforcement officer. Seventy
  349  five dollars shall be distributed to the county or municipality
  350  issuing the traffic citation, $70 shall be remitted to the
  351  Department of Revenue for deposit into the General Revenue Fund,
  352  $10 shall be remitted to the Department of Revenue for deposit
  353  into the Department of Health Emergency Medical Services Trust
  354  Fund for distribution as provided in s. 395.4036(1), and $3
  355  shall be remitted to the Department of Revenue for deposit into
  356  the Brain and Spinal Cord Injury Trust Fund.
  357         Section 12. Paragraphs (a) and (f) of subsection (2) of
  358  section 318.21, Florida Statutes, are amended to read:
  359         318.21 Disposition of civil penalties by county courts.—All
  360  civil penalties received by a county court pursuant to the
  361  provisions of this chapter shall be distributed and paid monthly
  362  as follows:
  363         (2) Of the remainder:
  364         (a) Twenty and Six-tenths percent shall be remitted to the
  365  Department of Revenue for deposit into the General Revenue Fund
  366  of the state, except that the first $300,000 shall be deposited
  367  into the Grants and Donations Trust Fund in the Justice
  368  Administrative Commission for administrative costs, training
  369  costs, and costs associated with the implementation and
  370  maintenance of Florida foster care citizen review panels in a
  371  constitutional charter county as provided for in s. 39.702.
  372         (f) Twenty and five-tenths percent shall be deposited into
  373  the fine and forfeiture fund established pursuant to s. 142.01
  374  paid to the clerk of the court for administrative costs.
  375         Section 13. Subsection (1) of section 775.083, Florida
  376  Statutes, is amended to read:
  377         775.083 Fines.—
  378         (1) A person who has been convicted of an offense other
  379  than a capital felony may be sentenced to pay a fine in addition
  380  to any punishment described in s. 775.082; when specifically
  381  authorized by statute, he or she may be sentenced to pay a fine
  382  in lieu of any punishment described in s. 775.082. A person who
  383  has been convicted of a noncriminal violation may be sentenced
  384  to pay a fine. Fines for designated crimes and for noncriminal
  385  violations may shall not exceed:
  386         (a) $15,000, when the conviction is of a life felony.
  387         (b) $10,000, when the conviction is of a felony of the
  388  first or second degree.
  389         (c) $5,000, when the conviction is of a felony of the third
  390  degree.
  391         (d) $1,000, when the conviction is of a misdemeanor of the
  392  first degree.
  393         (e) $500, when the conviction is of a misdemeanor of the
  394  second degree or a noncriminal violation.
  395         (f) Any higher amount equal to double the pecuniary gain
  396  derived from the offense by the offender or double the pecuniary
  397  loss suffered by the victim.
  398         (g) Any higher amount specifically authorized by statute.
  399  
  400  Fines imposed in this subsection shall be deposited by the clerk
  401  of the court in the fine and forfeiture fund established
  402  pursuant to s. 142.01, except that the clerk shall remit fines
  403  imposed when adjudication is withheld to the Department of
  404  Revenue for deposit in the General Revenue Fund. If a defendant
  405  is unable to pay a fine, the court may defer payment of the fine
  406  to a date certain. As used in this subsection, the term
  407  “convicted” or “conviction” means a determination of guilt which
  408  is the result of a trial or the entry of a plea of guilty or
  409  nolo contendere, regardless of whether adjudication is withheld.
  410         Section 14. The amendments to ss. 40.24, 40.26, 40.29,
  411  40.31, 40.32, 40.33, and 40.34, Florida Statutes, made by this
  412  act shall apply retroactively to October 1, 2014.
  413         Section 15. For the 2015-2016 county fiscal year beginning
  414  October 1, 2015, and ending September 30, 2016, the total
  415  approved budgets for the clerks of the circuit court shall be
  416  $460 million. Notwithstanding any provision of s. 28.36, Florida
  417  Statutes, clerks of the circuit court are authorized to spend
  418  $460 million of their total collected revenues for the 2015-2016
  419  county fiscal year. The Florida Clerks of Court Operations
  420  Corporation shall determine budget allocations for individual
  421  clerks of the circuit court for such fiscal year.
  422         Section 16. In order to implement the amendments made by
  423  this act to ss. 40.24, 40.26, 40.29, 40.31, 40.32, 40.33, and
  424  40.34, Florida Statutes, for the entire 2014-2015 county fiscal
  425  year, notwithstanding any provision of law related to quarterly
  426  submissions, clerks of the circuit court shall submit estimates
  427  of jury-related costs for the first two quarters of the 2014
  428  2015 county fiscal year to the Justice Administrative Commission
  429  as soon as practicable after the effective date of this act.
  430         Section 17. This act shall take effect upon becoming a law.