SB 2506                                          First Engrossed
       
       
       
       
       
       
       
       
       20172506e1
       
    1                        A bill to be entitled                      
    2         An act relating to clerks of the court; amending s.
    3         11.90, F.S.; removing duties of the Legislative Budget
    4         Commission regarding budgets of the Florida Clerks of
    5         Court Operations Corporation and the clerks of the
    6         court; amending s. 28.241, F.S.; requiring that
    7         certain filing fees for trial and appellate
    8         proceedings be deposited into clerks of the circuit
    9         court fine and forfeiture funds, rather than into the
   10         General Revenue Fund; amending s. 28.35, F.S.;
   11         revising duties of the corporation; prohibiting the
   12         total combined proposed budgets of clerks of the court
   13         from exceeding specified limits; requiring the
   14         corporation to provide an annual report to the
   15         Governor, Legislature, and chairs of the legislative
   16         appropriations committees regarding court operations
   17         and budgets; deleting duties of the commission in
   18         considering budgets of the clerks of the court;
   19         amending s. 28.36, F.S.; authorizing the corporation
   20         to amend budgets of the clerks of the court; amending
   21         s. 28.37, F.S.; revising the fund into which certain
   22         fines collected by the clerk are to be deposited;
   23         amending s. 40.29, F.S.; requiring the Justice
   24         Administrative Commission to provide funds to the
   25         clerks of court for certain jury-related costs;
   26         requiring the clerks of court and the corporation to
   27         submit quarterly estimates of certain expenses to the
   28         commission; providing the procedure for securing such
   29         funds and distributing them to the clerks; providing
   30         for the apportionment of costs if funds appropriated
   31         by the Legislature are estimated to be insufficient to
   32         pay all amounts requested; requiring the clerks of
   33         court to pay amounts in excess of appropriated
   34         amounts; amending s. 45.035, F.S.; revising a
   35         provision for the payment of a service charge for
   36         electronic sales; amending s. 775.083, F.S.; deleting
   37         a provision requiring a clerk to remit certain fines
   38         under a specified circumstance to the Department of
   39         Revenue; providing an effective date.
   40          
   41  Be It Enacted by the Legislature of the State of Florida:
   42  
   43         Section 1. Subsection (6) of section 11.90, Florida
   44  Statutes, is amended to read:
   45         11.90 Legislative Budget Commission.—
   46         (6) The commission has shall have the power and duty to:
   47         (a) Review and approve or disapprove budget amendments
   48  recommended by the Governor or the Chief Justice of the Supreme
   49  Court as provided in chapter 216.
   50         (b) Develop the long-range financial outlook described in
   51  s. 19, Art. III of the State Constitution.
   52         (c)Review and approve, disapprove, or amend and approve
   53  the budget of the Florida Clerks of Court Operations
   54  Corporation.
   55         (d)Review and approve, disapprove, or amend and approve
   56  the total combined budgets of the clerks of the court or the
   57  budget of any individual clerk of the court for court-related
   58  functions. As part of this review, the commission shall consider
   59  the workload and expense data submitted pursuant to s. 28.35.
   60         (c)(e) Exercise all other powers and perform any other
   61  duties prescribed by the Legislature.
   62         Section 2. Paragraph (c) of subsection (1) and subsection
   63  (2) of section 28.241, Florida Statutes, are amended to read:
   64         28.241 Filing fees for trial and appellate proceedings.—
   65         (1) Filing fees are due at the time a party files a
   66  pleading to initiate a proceeding or files a pleading for
   67  relief. Reopen fees are due at the time a party files a pleading
   68  to reopen a proceeding if at least 90 days have elapsed since
   69  the filing of a final order or final judgment with the clerk. If
   70  a fee is not paid upon the filing of the pleading as required
   71  under this section, the clerk shall pursue collection of the fee
   72  pursuant to s. 28.246.
   73         (c)1. A party in addition to a party described in sub
   74  subparagraph (a)1.a. who files a pleading in an original civil
   75  action in circuit court for affirmative relief by cross-claim,
   76  counterclaim, counterpetition, or third-party complaint shall
   77  pay the clerk of court a fee of $395. A party in addition to a
   78  party described in sub-subparagraph (a)1.b. who files a pleading
   79  in an original civil action in circuit court for affirmative
   80  relief by cross-claim, counterclaim, counterpetition, or third
   81  party complaint shall pay the clerk of court a fee of $295. The
   82  clerk shall deposit remit the fee to the Department of Revenue
   83  for deposit into the fine and forfeiture fund established
   84  pursuant to s. 142.01 General Revenue Fund.
   85         2. A party in addition to a party described in subparagraph
   86  (a)2. who files a pleading in an original civil action in
   87  circuit court for affirmative relief by cross-claim,
   88  counterclaim, counterpetition, or third-party complaint shall
   89  pay the clerk of court a graduated fee of:
   90         a. Three hundred and ninety-five dollars in all cases in
   91  which the value of the pleading is $50,000 or less;
   92         b. Nine hundred dollars in all cases in which the value of
   93  the pleading is more than $50,000 but less than $250,000; or
   94         c. One thousand nine hundred dollars in all cases in which
   95  the value of the pleading is $250,000 or more.
   96  
   97  The clerk shall deposit remit the fees collected under this
   98  subparagraph to the Department of Revenue for deposit into the
   99  fine and forfeiture fund established pursuant to s. 142.01
  100  General Revenue Fund.
  101         (2) Upon the institution of any appellate proceeding from
  102  any lower court to the circuit court of any such county,
  103  including appeals filed by a county or municipality as provided
  104  in s. 34.041(5), or from the circuit court to an appellate court
  105  of the state, the clerk shall charge and collect from the party
  106  or parties instituting such appellate proceedings a filing fee
  107  not to exceed $280 for filing a notice of appeal from the county
  108  court to the circuit court and, in addition to the filing fee
  109  required under s. 25.241 or s. 35.22, $100 for filing a notice
  110  of appeal from the circuit court to the district court of appeal
  111  or to the Supreme Court. If the party is determined to be
  112  indigent, the clerk shall defer payment of the fee. The clerk
  113  shall remit the first $80 to the Department of Revenue for
  114  deposit into the General Revenue Fund.
  115         Section 3. Paragraphs (a), (f), and (h) of subsection (2)
  116  and subsection (3) of section 28.35, Florida Statutes, are
  117  amended to read:
  118         28.35 Florida Clerks of Court Operations Corporation.—
  119         (2) The duties of the corporation shall include the
  120  following:
  121         (a) Adopting a plan of operation including a detailed
  122  budget for the corporation.
  123         (f) Approving the Reviewing, certifying, and recommending
  124  proposed budgets submitted by clerks of the court pursuant to s.
  125  28.36. The corporation must ensure that the total combined
  126  budgets of the clerks of the court do not exceed the total
  127  estimated revenues available for court-related expenditures as
  128  determined by the most recent Revenue Estimating Conference. The
  129  corporation may amend any individual clerk of the court budget
  130  to ensure compliance with this paragraph and must consider
  131  performance measures, workload performance standards, workload
  132  measures, and expense data before modifying the budget. As part
  133  of this process, the corporation shall:
  134         1. Calculate the minimum amount of revenue necessary for
  135  each clerk of the court to efficiently perform the list of
  136  court-related functions specified in paragraph (3)(a). The
  137  corporation shall apply the workload measures appropriate for
  138  determining the individual level of review required to fund the
  139  clerk’s budget.
  140         2. Prepare a cost comparison of similarly situated clerks
  141  of the court, based on county population and numbers of filings,
  142  using the standard list of court-related functions specified in
  143  paragraph (3)(a).
  144         3. Conduct an annual base budget review and an annual
  145  budget exercise examining the total budget of each clerk of the
  146  court. The review shall examine revenues from all sources,
  147  expenses of court-related functions, and expenses of noncourt
  148  related functions as necessary to determine that court-related
  149  revenues are not being used for noncourt-related purposes. The
  150  review and exercise shall identify potential targeted budget
  151  reductions in the percentage amount provided in Schedule VIII-B
  152  of the state’s previous year’s legislative budget instructions,
  153  as referenced in s. 216.023(3), or an equivalent schedule or
  154  instruction as may be adopted by the Legislature.
  155         4. Identify those proposed budgets containing funding for
  156  items not included on the standard list of court-related
  157  functions specified in paragraph (3)(a).
  158         5. Identify those clerks projected to have court-related
  159  revenues insufficient to fund their anticipated court-related
  160  expenditures.
  161         6. Use revenue estimates based on the official estimate for
  162  funds accruing to the clerks of the court made by the Revenue
  163  Estimating Conference. The total combined budgets of the clerks
  164  of the court may not exceed the revenue estimates established by
  165  the most recent Revenue Estimating Conference.
  166         7. Identify and report pay and benefit increases in any
  167  proposed clerk budget, including, but not limited to, cost of
  168  living increases, merit increases, and bonuses.
  169         8. Identify Provide detailed explanation for increases in
  170  anticipated expenditures in any clerk budget that exceeds the
  171  current year budget by more than 3 percent.
  172         9. Identify and report the budget of any clerk which
  173  exceeds the average budget of similarly situated clerks by more
  174  than 10 percent.
  175         (h) Preparing and submitting a report to the Governor, the
  176  President of the Senate, the Speaker of the House of
  177  Representatives, and the chairs of the legislative
  178  appropriations committees by January 1 of each year on the
  179  operations and activities of the corporation and detailing the
  180  budget development for the clerks of the court and the end-of
  181  year reconciliation of actual expenditures versus projected
  182  expenditures for each clerk of court. Beginning August 1, 2014,
  183  and each August 1 thereafter, submitting to the Legislative
  184  Budget Commission, as provided in s. 11.90, its proposed budget
  185  and the information described in paragraph (f), as well as the
  186  proposed budgets for each clerk of the court. Before October 1
  187  of each year beginning in 2014, the Legislative Budget
  188  Commission shall consider the submitted budgets and shall
  189  approve, disapprove, or amend and approve the corporation’s
  190  budget and shall approve, disapprove, or amend and approve the
  191  total of the clerks’ combined budgets or any individual clerk’s
  192  budget. If the Legislative Budget Commission fails to approve or
  193  amend and approve the corporation’s budget or the clerks’
  194  combined budgets before October 1, the clerk shall continue to
  195  perform the court-related functions based upon the clerk’s
  196  budget for the previous county fiscal year.
  197         (3)(a) The list of court-related functions that clerks may
  198  fund from filing fees, service charges, costs, and fines is
  199  limited to those functions expressly authorized by law or court
  200  rule. Those functions include the following: case maintenance;
  201  records management; court preparation and attendance; processing
  202  the assignment, reopening, and reassignment of cases; processing
  203  of appeals; collection and distribution of fines, fees, service
  204  charges, and court costs; processing of bond forfeiture
  205  payments; payment of jurors and witnesses; payment of expenses
  206  for meals or lodging provided to jurors; data collection and
  207  reporting; processing of jurors; determinations of indigent
  208  status; and paying reasonable administrative support costs to
  209  enable the clerk of the court to carry out these court-related
  210  functions.
  211         (b) The list of court-related functions that clerks may not
  212  fund from filing fees, service charges, costs, and fines
  213  includes:
  214         1. Those functions not specified within paragraph (a).
  215         2. Functions assigned by administrative orders which are
  216  not required for the clerk to perform the functions in paragraph
  217  (a).
  218         3. Enhanced levels of service which are not required for
  219  the clerk to perform the functions in paragraph (a).
  220         4. Functions identified as local requirements in law or
  221  local optional programs.
  222         Section 4. Paragraph (a) of subsection (2) and subsection
  223  (4) of section 28.36, Florida Statutes, are amended to read:
  224         28.36 Budget procedure.—There is established a budget
  225  procedure for the court-related functions of the clerks of the
  226  court.
  227         (2) Each proposed budget shall further conform to the
  228  following requirements:
  229         (a) On or before June 1 of each year beginning in 2014, the
  230  proposed budget shall be prepared, summarized, and submitted by
  231  the clerk in each county to the Florida Clerks of Court
  232  Operations Corporation in the manner and form prescribed by the
  233  corporation. The proposed budget must provide detailed
  234  information on the anticipated revenues available and
  235  expenditures necessary for the performance of the court-related
  236  functions listed in s. 28.35(3)(a) of the clerk’s office for the
  237  county fiscal year beginning October 1.
  238         (4) The corporation Legislative Budget Commission may
  239  approve increases or decreases to the previously authorized
  240  budgets approved for individual clerks of the court pursuant to
  241  s. 28.35 for court-related functions, if:
  242         (a) The additional budget authority is necessary to pay the
  243  cost of performing new or additional functions required by
  244  changes in law or court rule; or
  245         (b) The additional budget authority is necessary to pay the
  246  cost of supporting increases in the number of judges or
  247  magistrates authorized by the Legislature.
  248         Section 5. Subsection (5) of section 28.37, Florida
  249  Statutes, is amended to read:
  250         28.37 Fines, fees, service charges, and costs remitted to
  251  the state.—
  252         (5) Ten percent of all court-related fines collected by the
  253  clerk, except for penalties or fines distributed to counties or
  254  municipalities under s. 316.0083(1)(b)3. or s. 318.18(15)(a),
  255  shall be deposited into the fine and forfeiture clerk’s Public
  256  Records Modernization Trust fund to be used exclusively for
  257  additional clerk court-related functions, as provided in s.
  258  28.35(3)(a) operational needs and program enhancements.
  259         Section 6. Subsection (5) is added to section 40.29,
  260  Florida Statutes, to read:
  261         40.29 Payment of due-process costs.—
  262         (5) The Justice Administrative Commission shall provide
  263  funds to the clerks of the court to compensate jurors, to pay
  264  for meals or lodging provided to jurors, and to pay for jury
  265  related personnel costs as provided in this section. Each clerk
  266  of the court shall forward to the Justice Administrative
  267  Commission a quarterly estimate of funds necessary to compensate
  268  jurors and pay for meals or lodging provided to jurors during
  269  the upcoming quarter. The Florida Clerks of Court Operations
  270  Corporation shall forward to the Justice Administrative
  271  Commission a quarterly estimate of the amount necessary to
  272  reimburse each clerk of the court for its personnel and other
  273  costs related to jury management. Upon receipt of such
  274  estimates, the Justice Administrative Commission shall determine
  275  the amount deemed necessary for payment to the clerks of the
  276  court during the upcoming quarter and submit a request for
  277  payment to the Chief Financial Officer. If the Justice
  278  Administrative Commission believes that the amount appropriated
  279  by the Legislature is insufficient to meet such costs during the
  280  remaining part of the state fiscal year, the commission may
  281  apportion the funds appropriated in the General Appropriations
  282  Act for those purposes among the several counties, basing the
  283  apportionment upon the amount expended for such purposes in each
  284  county during the prior fiscal year, in which case, the Chief
  285  Financial Officer shall issue the appropriate apportioned amount
  286  by warrant to each county. The clerks of the court are
  287  responsible for any compensation to jurors, for payments for
  288  meals or lodging provided to jurors, and for jury-related
  289  personnel costs that exceed the funding provided in the General
  290  Appropriations Act for these purposes.
  291         Section 7. Subsection (3) of section 45.035, Florida
  292  Statutes, is amended to read:
  293         45.035 Clerk’s fees.—In addition to other fees or service
  294  charges authorized by law, the clerk shall receive service
  295  charges related to the judicial sales procedure set forth in ss.
  296  45.031-45.034 and this section:
  297         (3) If the sale is conducted by electronic means, as
  298  provided in s. 45.031(10), the clerk shall receive an additional
  299  service charge not to exceed $70 for services in conducting or
  300  contracting for the electronic sale, which service charge shall
  301  be assessed as costs and paid when filing for an electronic sale
  302  date by the winning bidder. If the clerk requires advance
  303  electronic deposits to secure the right to bid, such deposits
  304  shall not be subject to the fee under s. 28.24(10). The portion
  305  of an advance deposit from a winning bidder required by s.
  306  45.031(3) shall, upon acceptance of the winning bid, be subject
  307  to the fee under s. 28.24(10).
  308         Section 8. Subsection (1) of section 775.083, Florida
  309  Statutes, is amended to read:
  310         775.083 Fines.—
  311         (1) A person who has been convicted of an offense other
  312  than a capital felony may be sentenced to pay a fine in addition
  313  to any punishment described in s. 775.082; when specifically
  314  authorized by statute, he or she may be sentenced to pay a fine
  315  in lieu of any punishment described in s. 775.082. A person who
  316  has been convicted of a noncriminal violation may be sentenced
  317  to pay a fine. Fines for designated crimes and for noncriminal
  318  violations shall not exceed:
  319         (a) $15,000, when the conviction is of a life felony.
  320         (b) $10,000, when the conviction is of a felony of the
  321  first or second degree.
  322         (c) $5,000, when the conviction is of a felony of the third
  323  degree.
  324         (d) $1,000, when the conviction is of a misdemeanor of the
  325  first degree.
  326         (e) $500, when the conviction is of a misdemeanor of the
  327  second degree or a noncriminal violation.
  328         (f) Any higher amount equal to double the pecuniary gain
  329  derived from the offense by the offender or double the pecuniary
  330  loss suffered by the victim.
  331         (g) Any higher amount specifically authorized by statute.
  332  
  333  Fines imposed in this subsection shall be deposited by the clerk
  334  of the court in the fine and forfeiture fund established
  335  pursuant to s. 142.01, except that the clerk shall remit fines
  336  imposed when adjudication is withheld to the Department of
  337  Revenue for deposit in the General Revenue Fund. If a defendant
  338  is unable to pay a fine, the court may defer payment of the fine
  339  to a date certain. As used in this subsection, the term
  340  “convicted” or “conviction” means a determination of guilt which
  341  is the result of a trial or the entry of a plea of guilty or
  342  nolo contendere, regardless of whether adjudication is withheld.
  343         Section 9. This act shall take effect upon becoming a law.