Florida Senate - 2020                                     SB 790
       
       
        
       By Senator Brandes
       
       
       
       
       
       24-00830-20                                            2020790__
    1                        A bill to be entitled                      
    2         An act relating to clerks of the circuit court;
    3         amending s. 28.24, F.S.; specifying that certain
    4         revenues from service charges collected by the clerk
    5         for remittance to the Department of Revenue include
    6         only revenues for court-related functions; defining
    7         the term “court-related functions”; providing for
    8         revenues for county operations to be retained by the
    9         clerk; amending s. 28.241, F.S.; revising the
   10         distribution of revenue from filing fees from the
   11         institution of certain appellate proceedings; amending
   12         chapter 2019-58, Laws of Florida; revising retroactive
   13         application regarding the collection of revenue for
   14         court-related functions for remittance to the
   15         department; defining the term “court-related
   16         functions”; providing for revenues for county
   17         operations to be retained by the clerk; providing an
   18         effective date.
   19          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Subsection (29) is added to section 28.24,
   23  Florida Statutes, to read:
   24         28.24 Service charges.—The clerk of the circuit court shall
   25  charge for services rendered manually or electronically by the
   26  clerk’s office in recording documents and instruments and in
   27  performing other specified duties. These charges may not exceed
   28  those specified in this section, except as provided in s.
   29  28.345.
   30         (29) Moneys required by this section to be remitted to the
   31  Department of Revenue for deposit into the General Revenue Fund
   32  include only those revenues collected for court-related
   33  functions. For purposes of this subsection, the term “court
   34  related functions” has the same meaning as provided in s.
   35  28.35(3). Any other revenues that, by law, are collected for
   36  county operations must continue to be retained by the clerk.
   37         Section 2. Subsection (2) of section 28.241, Florida
   38  Statutes, is amended to read:
   39         28.241 Filing fees for trial and appellate proceedings.—
   40         (2) Upon the institution of any appellate proceeding from
   41  any lower court to the circuit court of any such county,
   42  including appeals filed by a county or municipality as provided
   43  in s. 34.041(5), or from the county or circuit court to an
   44  appellate court of the state, the clerk shall charge and collect
   45  from the party or parties instituting such appellate proceedings
   46  a filing fee not to exceed $280, from which the clerk shall
   47  remit $20 to the Department of Revenue for deposit into the
   48  General Revenue Fund, for filing a notice of appeal from the
   49  county court to the circuit court. For any appellate proceedings
   50  from the county or circuit court to an appellate court and, in
   51  addition to the filing fee required under s. 25.241 or s. 35.22,
   52  the clerk shall charge and collect from the party or parties
   53  instituting such appellate proceedings $100 for filing a notice
   54  of appeal from the county or circuit court to the district court
   55  of appeal or to the Supreme Court. The clerk shall remit $20 of
   56  the $100 filing fee to the Department of Revenue for deposit
   57  into the General Revenue Fund. If the party is determined to be
   58  indigent, the clerk must shall defer payment of the fee
   59  otherwise required by this subsection.
   60         Section 3. Section 30 of chapter 2019-58, Laws of Florida,
   61  is amended to read:
   62         Section 30. The amendments made by this act to ss. 27.52,
   63  28.24, 28.2401, 28.241, 34.041, 45.035, 55.505, 61.14, 316.193,
   64  318.14, 318.15, 318.18, 322.245, 327.35, 327.73, 379.401,
   65  713.24, 721.83, 744.365, 744.3678, 766.104, and 938.05, Florida
   66  Statutes, which relate to revenues collected for court-related
   67  functions for remittance to the Department of Revenue for
   68  deposit in the General Revenue Fund are remedial and clarifying
   69  in nature and apply retroactively to July 1, 2008. For purposes
   70  of this section, the term “court-related functions” has the same
   71  meaning as provided in s. 28.35(3), Florida Statutes 2019.
   72  Amendments to the revenues collected pursuant to those sections
   73  which, by law, are to be provided for county operations must
   74  continue to be retained by the clerk.
   75         Section 4. This act shall take effect upon becoming a law.