Florida Senate - 2017 SB 2506
By the Committee on Appropriations
576-03493-17 20172506__
1 A bill to be entitled
2 An act relating to clerks of the court; amending s.
3 28.241, F.S.; requiring that certain filing fees for
4 trial and appellate proceedings be deposited into
5 clerks of the circuit court fine and forfeiture funds,
6 rather than into the General Revenue Fund; amending s.
7 28.35, F.S.; authorizing the Florida Clerks of the
8 Court Operations Corporation to recommend budgets that
9 are in excess of the official estimate under certain
10 circumstances; requiring the corporation to certify
11 the amounts of additional revenues necessary to fund
12 certain budgets; conforming provisions to changes made
13 by the act; amending s. 28.36, F.S.; requiring the
14 corporation to certify the revenue deficit and report
15 the amount necessary to fund anticipated expenditures
16 to the commission; conforming provisions to changes
17 made by the act; authorizing the Legislative Budget
18 Commission to approve a budget that includes an
19 anticipated deficit under certain circumstances;
20 authorizing the corporation to request that the
21 Legislature approve an appropriation of general
22 revenue to the Clerks of the Court Trust Fund under
23 certain circumstances; limiting the amount the
24 corporation may request; amending s. 28.37, F.S.;
25 revising the fund into which certain fines collected
26 by the clerk are to be deposited; amending s. 40.29,
27 F.S.; requiring the Justice Administrative Commission
28 to provide funds to the clerks of court for certain
29 jury-related costs; requiring the clerks of court and
30 the corporation to submit quarterly estimates of
31 certain expenses to the commission; providing the
32 procedure for securing such funds and distributing
33 them to the clerks; providing for the apportionment of
34 costs if funds appropriated by the Legislature are
35 estimated to be insufficient to pay all amounts
36 requested; requiring the clerks of court to pay
37 amounts in excess of appropriated amounts; amending s.
38 318.18, F.S.; redirecting a portion of the revenue
39 derived from the civil penalty for certain traffic
40 infractions from the General Revenue Fund to the fine
41 and forfeiture fund; removing obsolete provisions;
42 amending s. 318.21, F.S.; revising the distribution
43 and payment of civil penalties received by a county
44 court pursuant to ch. 318, F.S.; amending s. 775.083,
45 F.S.; deleting a provision requiring a clerk to remit
46 certain fines under a specified circumstance to the
47 Department of Revenue; providing an effective date.
48
49 Be It Enacted by the Legislature of the State of Florida:
50
51 Section 1. Paragraph (c) of subsection (1) and subsection
52 (2) of section 28.241, Florida Statutes, are amended to read:
53 28.241 Filing fees for trial and appellate proceedings.—
54 (1) Filing fees are due at the time a party files a
55 pleading to initiate a proceeding or files a pleading for
56 relief. Reopen fees are due at the time a party files a pleading
57 to reopen a proceeding if at least 90 days have elapsed since
58 the filing of a final order or final judgment with the clerk. If
59 a fee is not paid upon the filing of the pleading as required
60 under this section, the clerk shall pursue collection of the fee
61 pursuant to s. 28.246.
62 (c)1. A party in addition to a party described in sub
63 subparagraph (a)1.a. who files a pleading in an original civil
64 action in circuit court for affirmative relief by cross-claim,
65 counterclaim, counterpetition, or third-party complaint shall
66 pay the clerk of court a fee of $395. A party in addition to a
67 party described in sub-subparagraph (a)1.b. who files a pleading
68 in an original civil action in circuit court for affirmative
69 relief by cross-claim, counterclaim, counterpetition, or third
70 party complaint shall pay the clerk of court a fee of $295. The
71 clerk shall deposit remit the fee to the Department of Revenue
72 for deposit into the fine and forfeiture fund established
73 pursuant to s. 142.01 General Revenue Fund.
74 2. A party in addition to a party described in subparagraph
75 (a)2. who files a pleading in an original civil action in
76 circuit court for affirmative relief by cross-claim,
77 counterclaim, counterpetition, or third-party complaint shall
78 pay the clerk of court a graduated fee of:
79 a. Three hundred and ninety-five dollars in all cases in
80 which the value of the pleading is $50,000 or less;
81 b. Nine hundred dollars in all cases in which the value of
82 the pleading is more than $50,000 but less than $250,000; or
83 c. One thousand nine hundred dollars in all cases in which
84 the value of the pleading is $250,000 or more.
85
86 The clerk shall deposit remit the fees collected under this
87 subparagraph to the Department of Revenue for deposit into the
88 fine and forfeiture fund established pursuant to s. 142.01
89 General Revenue Fund.
90 (2) Upon the institution of any appellate proceeding from
91 any lower court to the circuit court of any such county,
92 including appeals filed by a county or municipality as provided
93 in s. 34.041(5), or from the circuit court to an appellate court
94 of the state, the clerk shall charge and collect from the party
95 or parties instituting such appellate proceedings a filing fee
96 not to exceed $280 for filing a notice of appeal from the county
97 court to the circuit court and, in addition to the filing fee
98 required under s. 25.241 or s. 35.22, $100 for filing a notice
99 of appeal from the circuit court to the district court of appeal
100 or to the Supreme Court. If the party is determined to be
101 indigent, the clerk shall defer payment of the fee. The clerk
102 shall remit the first $80 to the Department of Revenue for
103 deposit into the General Revenue Fund.
104 Section 2. Paragraphs (f) and (h) of subsection (2) of
105 section 28.35, Florida Statutes, are amended to read:
106 28.35 Florida Clerks of Court Operations Corporation.—
107 (2) The duties of the corporation shall include the
108 following:
109 (f) Reviewing, certifying, and recommending proposed
110 budgets submitted by clerks of the court pursuant to s. 28.36.
111 As part of this process, the corporation shall:
112 1. Calculate the minimum amount of revenue necessary for
113 each clerk of the court to efficiently perform the list of
114 court-related functions specified in paragraph (3)(a). The
115 corporation shall apply the workload measures appropriate for
116 determining the individual level of review required to fund the
117 clerk’s budget.
118 2. Prepare a cost comparison of similarly situated clerks
119 of the court, based on county population and numbers of filings,
120 using the standard list of court-related functions specified in
121 paragraph (3)(a).
122 3. Conduct an annual base budget review and an annual
123 budget exercise examining the total budget of each clerk of the
124 court. The review shall examine revenues from all sources,
125 expenses of court-related functions, and expenses of noncourt
126 related functions as necessary to determine that court-related
127 revenues are not being used for noncourt-related purposes. The
128 review and exercise shall identify potential targeted budget
129 reductions in the percentage amount provided in Schedule VIII-B
130 of the state’s previous year’s legislative budget instructions,
131 as referenced in s. 216.023(3), or an equivalent schedule or
132 instruction as may be adopted by the Legislature.
133 4. Identify those proposed budgets containing funding for
134 items not included on the standard list of court-related
135 functions specified in paragraph (3)(a).
136 5. Identify those clerks projected to have court-related
137 revenues insufficient to fund their anticipated court-related
138 expenditures.
139 6. Use revenue estimates based on the official estimate for
140 funds accruing to the clerks of the court made by the Revenue
141 Estimating Conference. However, the corporation may recommend
142 budgets that are in excess of the official estimate if such
143 budgets fund only those court-related functions specified in
144 paragraph (3)(a).
145 7. Identify and report pay and benefit increases in any
146 proposed clerk budget, including, but not limited to, cost of
147 living increases, merit increases, and bonuses.
148 8. Provide detailed explanation for increases in
149 anticipated expenditures in any clerk budget that exceeds the
150 current year budget by more than 3 percent.
151 9. Identify and report the budget of any clerk which
152 exceeds the average budget of similarly situated clerks by more
153 than 10 percent.
154 10. Certify the amounts of additional revenues necessary to
155 fund the budgets recommended by the corporation and the combined
156 budgets submitted by the clerks.
157 (h) Beginning August 1, 2014, and each August 1 thereafter,
158 submitting to the Legislative Budget Commission, as provided in
159 s. 11.90, its proposed budget and the information described in
160 paragraph (f), as well as the proposed budgets for each clerk of
161 the court. Before October 1 of each year beginning in 2014, the
162 Legislative Budget Commission shall consider the submitted
163 budgets and shall approve, disapprove, or amend and approve the
164 corporation’s budget and shall approve, disapprove, or amend and
165 approve the total of the clerks’ combined budgets or any
166 individual clerk’s budget. If the Legislative Budget Commission
167 fails to approve or amend and approve the corporation’s budget
168 or the clerks’ combined budgets before October 1, the clerk
169 shall continue to perform the court-related functions based upon
170 the clerk’s budget for the previous county fiscal year.
171 Section 3. Paragraph (b) of subsection (2) of section
172 28.36, Florida Statutes, is amended, present subsection (4) of
173 that section is redesignated as subsection (5), and a new
174 subsection (4) is added to that section, to read:
175 28.36 Budget procedure.—There is established a budget
176 procedure for the court-related functions of the clerks of the
177 court.
178 (2) Each proposed budget shall further conform to the
179 following requirements:
180 (b) The proposed budget must be balanced such that the
181 total of the estimated revenues available equals or exceeds the
182 total of the anticipated expenditures. Such revenues include
183 revenue projected to be received from fees, service charges,
184 costs, and fines for court-related functions during the fiscal
185 period covered by the budget. The anticipated expenditures must
186 be itemized as required by the corporation. If the corporation
187 determines that the clerks’ total anticipated expenditures
188 exceed the clerks’ total estimated revenues as determined by the
189 Revenue Estimating Conference, the corporation shall certify the
190 amount necessary to fund anticipated expenditures to the
191 Legislative Budget Commission as part of the budget process
192 pursuant to subsection (4).
193 (4)(a) Annually, on or before August 1, the corporation
194 shall submit to the Legislative Budget Commission, as provided
195 in s. 11.90, its proposed budget and the information described
196 in s. 28.35(2)(f), as well as the proposed budgets for each
197 clerk of the court. Before October 1 of each year, the
198 commission shall consider the submitted budgets and shall
199 approve, disapprove, or amend and approve the corporation’s
200 budget and shall approve, disapprove, or amend and approve the
201 total of the clerks’ combined budgets or any individual clerk’s
202 budget. The commission may approve a budget that includes an
203 anticipated deficit based on the official estimates of revenues
204 projected pursuant to ss. 216.133-216.138 if it determines that
205 the requested budget is justified based on data reported by the
206 corporation pursuant to s. 28.35(2)(f). If the commission fails
207 to approve or amend and approve the corporation’s budget or the
208 clerks’ combined budgets before October 1, the clerk shall
209 continue to perform the court-related functions based upon the
210 clerk’s budget for the previous county fiscal year.
211 (b) The corporation may request that, during the next
212 legislative session, the Legislature approve an appropriation of
213 general revenue funds to the Clerks of the Court Trust Fund
214 within the Department of Revenue equal to the difference between
215 the clerks’ total estimated expenditures and the total estimated
216 revenues, as provided in the proposed budgets. The total
217 spending authority requested may not exceed that established
218 pursuant to paragraph (a).
219 (c) If the official estimate of revenues accruing to the
220 clerks’ fine and forfeiture funds, established pursuant to s.
221 142.01, is reduced below the official estimate available to the
222 commission at the time the corporation submitted proposed
223 budgets pursuant to paragraph (a), the corporation may request
224 that, during the next legislative session, the Legislature
225 approve an appropriation of general revenue funds to the Clerks
226 of the Court Trust Fund within the Department of Revenue equal
227 to the difference between the most recent official estimate of
228 revenues and the clerks’ combined budgets. The total spending
229 authority requested may not exceed that established pursuant to
230 paragraph (a).
231 Section 4. Subsection (5) of section 28.37, Florida
232 Statutes, is amended to read:
233 28.37 Fines, fees, service charges, and costs remitted to
234 the state.—
235 (5) Ten percent of all court-related fines collected by the
236 clerk, except for penalties or fines distributed to counties or
237 municipalities under s. 316.0083(1)(b)3. or s. 318.18(15)(a),
238 shall be deposited into the fine and forfeiture clerk’s Public
239 Records Modernization Trust fund to be used exclusively for
240 additional clerk court-related functions, as provided in s.
241 28.35(3)(a) operational needs and program enhancements.
242 Section 5. Subsection (5) is added to section 40.29,
243 Florida Statutes, to read:
244 40.29 Payment of due-process costs.—
245 (5) The Justice Administrative Commission shall provide
246 funds to the clerks of the court to compensate jurors, to pay
247 for meals or lodging provided to jurors, and to pay for jury
248 related personnel costs as provided in this section. Each clerk
249 of the court shall forward to the Justice Administrative
250 Commission a quarterly estimate of funds necessary to compensate
251 jurors and pay for meals or lodging provided to jurors during
252 the upcoming quarter. The Florida Clerks of Court Operations
253 Corporation shall forward to the Justice Administrative
254 Commission a quarterly estimate of the amount necessary to
255 reimburse each clerk of the court for its personnel and other
256 costs related to jury management. Upon receipt of such
257 estimates, the Justice Administrative Commission shall determine
258 the amount deemed necessary for payment to the clerks of the
259 court during the upcoming quarter and submit a request for
260 payment to the Chief Financial Officer. If the Justice
261 Administrative Commission believes that the amount appropriated
262 by the Legislature is insufficient to meet such costs during the
263 remaining part of the state fiscal year, the commission may
264 apportion the funds appropriated in the General Appropriations
265 Act for those purposes among the several counties, basing the
266 apportionment upon the amount expended for such purposes in each
267 county during the prior fiscal year, in which case, the Chief
268 Financial Officer shall issue the appropriate apportioned amount
269 by warrant to each county. The clerks of the court are
270 responsible for any compensation to jurors, for payments for
271 meals or lodging provided to jurors, and for jury-related
272 personnel costs that exceed the funding provided in the General
273 Appropriations Act for these purposes.
274 Section 6. Paragraph (a) of subsection (8) and paragraph
275 (a) of subsection (15) of section 318.18, Florida Statutes, are
276 amended to read:
277 318.18 Amount of penalties.—The penalties required for a
278 noncriminal disposition pursuant to s. 318.14 or a criminal
279 offense listed in s. 318.17 are as follows:
280 (8)(a) Any person who fails to comply with the court’s
281 requirements or who fails to pay the civil penalties specified
282 in this section within the 30-day period provided for in s.
283 318.14 must pay an additional civil penalty of $16, $6.50 of
284 which must be deposited into the fine and forfeiture fund
285 established pursuant to s. 142.01 remitted to the Department of
286 Revenue for deposit in the General Revenue Fund, and $9.50 of
287 which must be remitted to the Department of Revenue for deposit
288 in the Highway Safety Operating Trust Fund. Of this additional
289 civil penalty of $16, $4 is not revenue for purposes of s. 28.36
290 and may not be used in establishing the budget of the clerk of
291 the court under that section or s. 28.35. The department shall
292 contract with the Florida Association of Court Clerks, Inc., to
293 design, establish, operate, upgrade, and maintain an automated
294 statewide Uniform Traffic Citation Accounting System to be
295 operated by the clerks of the court which shall include, but not
296 be limited to, the accounting for traffic infractions by type, a
297 record of the disposition of the citations, and an accounting
298 system for the fines assessed and the subsequent fine amounts
299 paid to the clerks of the court. On or before December 1, 2001,
300 The clerks of the court shall must provide the information
301 required by this chapter to be transmitted to the department by
302 electronic transmission pursuant to the contract.
303 (15)(a)1. One hundred and fifty-eight dollars for a
304 violation of s. 316.074(1) or s. 316.075(1)(c)1. when a driver
305 has failed to stop at a traffic signal and when enforced by a
306 law enforcement officer. Sixty dollars shall be distributed as
307 provided in s. 318.21, $30 shall be deposited into the fine and
308 forfeiture fund established pursuant to s. 142.01 distributed to
309 the General Revenue Fund, $3 shall be remitted to the Department
310 of Revenue for deposit into the Brain and Spinal Cord Injury
311 Trust Fund, and the remaining $65 shall be remitted to the
312 Department of Revenue for deposit into the Emergency Medical
313 Services Trust Fund of the Department of Health.
314 2. One hundred and fifty-eight dollars for a violation of
315 s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
316 stop at a traffic signal and when enforced by the department’s
317 traffic infraction enforcement officer. One hundred dollars
318 shall be remitted to the Department of Revenue for deposit into
319 the General Revenue Fund, $45 shall be distributed to the county
320 for any violations occurring in any unincorporated areas of the
321 county or to the municipality for any violations occurring in
322 the incorporated boundaries of the municipality in which the
323 infraction occurred, $10 shall be remitted to the Department of
324 Revenue for deposit into the Department of Health Emergency
325 Medical Services Trust Fund for distribution as provided in s.
326 395.4036(1), and $3 shall be remitted to the Department of
327 Revenue for deposit into the Brain and Spinal Cord Injury Trust
328 Fund.
329 3. One hundred and fifty-eight dollars for a violation of
330 s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
331 stop at a traffic signal and when enforced by a county’s or
332 municipality’s traffic infraction enforcement officer. Seventy
333 five dollars shall be distributed to the county or municipality
334 issuing the traffic citation, $70 shall be remitted to the
335 Department of Revenue for deposit into the General Revenue Fund,
336 $10 shall be remitted to the Department of Revenue for deposit
337 into the Department of Health Emergency Medical Services Trust
338 Fund for distribution as provided in s. 395.4036(1), and $3
339 shall be remitted to the Department of Revenue for deposit into
340 the Brain and Spinal Cord Injury Trust Fund.
341 Section 7. Paragraphs (a) and (f) of subsection (2) of
342 section 318.21, Florida Statutes, are amended to read:
343 318.21 Disposition of civil penalties by county courts.—All
344 civil penalties received by a county court pursuant to the
345 provisions of this chapter shall be distributed and paid monthly
346 as follows:
347 (2) Of the remainder:
348 (a) Ten Twenty and six-tenths percent shall be remitted to
349 the Department of Revenue for deposit into the General Revenue
350 Fund of the state, except that the first $300,000 shall be
351 deposited into the Grants and Donations Trust Fund in the
352 Justice Administrative Commission for administrative costs,
353 training costs, and costs associated with the implementation and
354 maintenance of Florida foster care citizen review panels in a
355 constitutional charter county as provided for in s. 39.702.
356 (f) Ten and five-tenths percent shall be deposited into the
357 fine and forfeiture fund established pursuant to s. 142.01 paid
358 to the clerk of the court for administrative costs.
359 Section 8. Subsection (1) of section 775.083, Florida
360 Statutes, is amended to read:
361 775.083 Fines.—
362 (1) A person who has been convicted of an offense other
363 than a capital felony may be sentenced to pay a fine in addition
364 to any punishment described in s. 775.082; when specifically
365 authorized by statute, he or she may be sentenced to pay a fine
366 in lieu of any punishment described in s. 775.082. A person who
367 has been convicted of a noncriminal violation may be sentenced
368 to pay a fine. Fines for designated crimes and for noncriminal
369 violations shall not exceed:
370 (a) $15,000, when the conviction is of a life felony.
371 (b) $10,000, when the conviction is of a felony of the
372 first or second degree.
373 (c) $5,000, when the conviction is of a felony of the third
374 degree.
375 (d) $1,000, when the conviction is of a misdemeanor of the
376 first degree.
377 (e) $500, when the conviction is of a misdemeanor of the
378 second degree or a noncriminal violation.
379 (f) Any higher amount equal to double the pecuniary gain
380 derived from the offense by the offender or double the pecuniary
381 loss suffered by the victim.
382 (g) Any higher amount specifically authorized by statute.
383
384 Fines imposed in this subsection shall be deposited by the clerk
385 of the court in the fine and forfeiture fund established
386 pursuant to s. 142.01, except that the clerk shall remit fines
387 imposed when adjudication is withheld to the Department of
388 Revenue for deposit in the General Revenue Fund. If a defendant
389 is unable to pay a fine, the court may defer payment of the fine
390 to a date certain. As used in this subsection, the term
391 “convicted” or “conviction” means a determination of guilt which
392 is the result of a trial or the entry of a plea of guilty or
393 nolo contendere, regardless of whether adjudication is withheld.
394 Section 9. This act shall take effect upon becoming a law.