Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. PCS (412016) for CS for SB 838
       
       
       
       
       
       
                                Ì187280+Î187280                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RS            .                                
                  04/16/2021           .                                
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       The Committee on Appropriations (Hooper) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Effective upon this act becoming a law,
    6  paragraph (i) of subsection (5) of section 27.52, Florida
    7  Statutes, is amended to read:
    8         27.52 Determination of indigent status.—
    9         (5) INDIGENT FOR COSTS.—A person who is eligible to be
   10  represented by a public defender under s. 27.51 but who is
   11  represented by private counsel not appointed by the court for a
   12  reasonable fee as approved by the court or on a pro bono basis,
   13  or who is proceeding pro se, may move the court for a
   14  determination that he or she is indigent for costs and eligible
   15  for the provision of due process services, as prescribed by ss.
   16  29.006 and 29.007, funded by the state.
   17         (i) A defendant who is found guilty of a criminal act by a
   18  court or jury or enters a plea of guilty or nolo contendere and
   19  who received due process services after being found indigent for
   20  costs under this subsection is liable for payment of due process
   21  costs expended by the state.
   22         1. The attorney representing the defendant, or the
   23  defendant if he or she is proceeding pro se, shall provide an
   24  accounting to the court delineating all costs paid or to be paid
   25  by the state within 90 days after disposition of the case
   26  notwithstanding any appeals.
   27         2. The court shall issue an order determining the amount of
   28  all costs paid by the state and any costs for which prepayment
   29  was waived under this section or s. 57.081. The clerk shall
   30  cause a certified copy of the order to be recorded in the
   31  official records of the county, at no cost. The recording
   32  constitutes a lien against the person in favor of the state in
   33  the county in which the order is recorded. The lien may be
   34  enforced in the same manner prescribed in s. 938.29.
   35         3. If the attorney or the pro se defendant fails to provide
   36  a complete accounting of costs expended by the state and
   37  consequently costs are omitted from the lien, the attorney or
   38  pro se defendant may not receive reimbursement or any other form
   39  of direct or indirect payment for those costs if the state has
   40  not paid the costs. The attorney or pro se defendant shall repay
   41  the state for those costs if the state has already paid the
   42  costs. The clerk of the court may establish a payment plan under
   43  s. 28.246 and may charge the attorney or pro se defendant a one
   44  time administrative processing charge under s. 28.24(27)(c) s.
   45  28.24(26)(c).
   46         Section 2. Effective upon this act becoming a law,
   47  subsection (7) of section 28.222, Florida Statutes, is amended
   48  to read:
   49         28.222 Clerk to be county recorder.—
   50         (7)(a) All instruments recorded in the Official Records
   51  must remain shall always be open to the public, under the
   52  supervision of the clerk, for the purpose of inspection thereof
   53  and of making extracts therefrom.; but
   54         (b) The clerk is shall not be required to perform any
   55  service in connection with such inspection or making of extracts
   56  without payment of service charges as provided in s. 28.24.
   57         (c)The clerk, in his or her capacity as county recorder,
   58  must retain the service charge payments under s. 28.24, except
   59  that those service charge payments that relate to court records
   60  or functions and meet the description of court-related functions
   61  in s. 28.35(3)(a) must be distributed for those court-related
   62  functions.
   63         Section 3. Effective upon this act becoming a law, section
   64  28.22205, Florida Statutes, is amended to read:
   65         28.22205 Electronic filing process.—Each clerk of court
   66  shall implement an electronic filing process. The purpose of the
   67  electronic filing process is to reduce judicial costs in the
   68  office of the clerk and the judiciary, increase timeliness in
   69  the processing of cases, and provide the judiciary with case
   70  related information to allow for improved judicial case
   71  management. The Legislature requests that the Supreme Court set
   72  statewide standards for electronic filing to be used by the
   73  clerks of court to implement electronic filing. The standards
   74  should specify the required information for the duties of the
   75  clerks of court and the judiciary for case management. Revenues
   76  provided to counties and the clerk of court under s.
   77  28.24(13)(e) s. 28.24(12)(e) for information technology may also
   78  be used to implement electronic filing processes.
   79         Section 4. Effective upon this act becoming a law, section
   80  28.24, Florida Statutes, is amended to read:
   81         28.24 Service charges.—The clerk of the circuit court shall
   82  charge for services rendered manually or electronically by the
   83  clerk’s office in recording documents and instruments and in
   84  performing other specified duties. These charges may not exceed
   85  those specified in this section, except as provided in s.
   86  28.345.
   87         (1) For purposes of this section, the term “court record”
   88  means the contents of a court file and includes:
   89         (a)Progress dockets and other similar records generated to
   90  document activity in a case.
   91         (b)Transcripts filed with the clerk.
   92         (c)Documentary exhibits in the custody of the clerk.
   93         (d)Electronic records, video recordings, and stenographic
   94  tapes of depositions or other proceedings filed with the clerk.
   95         (e)Electronic records, video recordings, and stenographic
   96  tapes of court proceedings.
   97         (2) For examining, comparing, correcting, verifying, and
   98  certifying transcripts of record in appellate proceedings,
   99  prepared by attorney for appellant or someone else other than
  100  clerk, per page: 5.00, from which the clerk shall remit 0.50 per
  101  page to the Department of Revenue for deposit into the General
  102  Revenue Fund.
  103         (3)(2) For preparing, numbering, and indexing an original
  104  record of appellate proceedings, per instrument: 3.50, from
  105  which the clerk shall remit 0.50 per instrument to the
  106  Department of Revenue for deposit into the General Revenue Fund.
  107         (4)(a)(3) For certifying copies of any instrument that is a
  108  court record in the public records: 2.00, from which the clerk
  109  shall remit 0.50 to the Department of Revenue for deposit into
  110  the General Revenue Fund.
  111         (b)For certifying copies of any instrument that is not a
  112  court record in the public records, per page: 2.00.
  113         (5)(a)(4) For verifying any instrument presented for
  114  certification prepared by someone other than clerk, per page:
  115  3.50, from which the clerk shall remit 0.50 per page to the
  116  Department of Revenue for deposit into the General Revenue Fund.
  117         (b)For verifying any instrument that is not a court record
  118  presented for certification prepared by someone other than the
  119  clerk, per page: 3.50.
  120         (6)(a)(5)(a) For making copies by photographic process of
  121  any instrument in the public records consisting of pages of not
  122  more than 14 inches by 8 1/2 inches, per page:.............1.00.
  123         (b) For making copies by photographic process of any
  124  instrument in the public records of more than 14 inches by 8 1/2
  125  inches, per page:..........................................5.00.
  126         (7)(6) For making microfilm copies of any public records:
  127         (a) That are court records:
  128         1. 16 mm 100′ microfilm roll: 42.00, from which the clerk
  129  shall remit 4.50 to the Department of Revenue for deposit into
  130  the General Revenue Fund.
  131         2.(b) 35 mm 100′ microfilm roll: 60.00, from which the
  132  clerk shall remit 7.50 to the Department of Revenue for deposit
  133  into the General Revenue Fund.
  134         3.(c) Microfiche, per fiche: 3.50, from which the clerk
  135  shall remit 0.50 to the Department of Revenue for deposit into
  136  the General Revenue Fund.
  137         (b)That are not court records:
  138         1.16 mm 100’ microfilm roll: 42.00.
  139         2.35 mm 100’ microfilm roll: 60.00.
  140         3.Microfiche, per fiche: 3.50.
  141         (8)(7) For copying any instrument in the public records by
  142  other than photographic process, per page:.................6.00.
  143         (9)(a)(8) For writing any paper that is a court record
  144  other than a paper otherwise herein specifically mentioned in
  145  this section, same as for copying, including signing and
  146  sealing: 7.00, from which the clerk shall remit 1.00 to the
  147  Department of Revenue for deposit into the General Revenue Fund.
  148         (b)For writing any paper that is not a court record other
  149  than a paper otherwise specifically mentioned in this section,
  150  including signing and sealing: 7.00.
  151         (10)(9) For indexing each entry not recorded:.......1.00.
  152         (11)(10) For receiving money into the registry of court:
  153         (a)1. First $500: 3, percent............................3
  154         2. Each subsequent $100: 1.5, percent.................1.5
  155         (b) Eminent domain actions, per deposit: 170.00, from which
  156  the clerk shall remit 20.00 per deposit to the Department of
  157  Revenue for deposit into the General Revenue Fund.
  158         (12)(11) For examining, certifying, and recording plats and
  159  for recording condominium exhibits larger than 14 inches by 8
  160  1/2 inches:
  161         (a) First page:....................................30.00.
  162         (b) Each additional page:..........................15.00.
  163         (13)(12) For recording, indexing, and filing any instrument
  164  not more than 14 inches by 8 1/2 inches, including required
  165  notice to property appraiser where applicable:
  166         (a) First page or fraction thereof:.................5.00.
  167         (b) Each additional page or fraction thereof:.......4.00.
  168         (c) For indexing instruments recorded in the official
  169  records which contain more than four names, per additional
  170  name:......................................................1.00.
  171         (d) An additional service charge must be paid to the clerk
  172  of the circuit court to be deposited in the Public Records
  173  Modernization Trust Fund for each instrument listed in s.
  174  28.222, except judgments received from the courts and notices of
  175  lis pendens, recorded in the official records:
  176         1. First page:......................................1.00.
  177         2. Each additional page:............................0.50.
  178  
  179  Said fund must be held in trust by the clerk and used
  180  exclusively for equipment and maintenance of equipment,
  181  personnel training, and technical assistance in modernizing the
  182  public records system of the office. In a county where the duty
  183  of maintaining official records exists in an office other than
  184  the office of the clerk of the circuit court, the clerk of the
  185  circuit court is entitled to 25 percent of the moneys deposited
  186  into the trust fund for equipment, maintenance of equipment,
  187  training, and technical assistance in modernizing the system for
  188  storing records in the office of the clerk of the circuit court.
  189  The fund may not be used for the payment of travel expenses,
  190  membership dues, bank charges, staff-recruitment costs, salaries
  191  or benefits of employees, construction costs, general operating
  192  expenses, or other costs not directly related to obtaining and
  193  maintaining equipment for public records systems or for the
  194  purchase of furniture or office supplies and equipment not
  195  related to the storage of records. On or before December 1,
  196  1995, and on or before December 1 of each year immediately
  197  preceding each year during which the trust fund is scheduled for
  198  legislative review under s. 19(f)(2), Art. III of the State
  199  Constitution, each clerk of the circuit court shall file a
  200  report on the Public Records Modernization Trust Fund with the
  201  President of the Senate and the Speaker of the House of
  202  Representatives. The report must itemize each expenditure made
  203  from the trust fund since the last report was filed; each
  204  obligation payable from the trust fund on that date; and the
  205  percentage of funds expended for each of the following:
  206  equipment, maintenance of equipment, personnel training, and
  207  technical assistance. The report must indicate the nature of the
  208  system each clerk uses to store, maintain, and retrieve public
  209  records and the degree to which the system has been upgraded
  210  since the creation of the trust fund.
  211         (e) An additional service charge of $4 per page shall be
  212  paid to the clerk of the circuit court for each instrument
  213  listed in s. 28.222, except judgments received from the courts
  214  and notices of lis pendens, recorded in the official records.
  215  From the additional $4 service charge collected:
  216         1. If the counties maintain legal responsibility for the
  217  costs of the court-related technology needs as defined in s.
  218  29.008(1)(f)2. and (h), 10 cents shall be distributed to the
  219  Florida Association of Court Clerks and Comptrollers, Inc., for
  220  the cost of development, implementation, operation, and
  221  maintenance of the clerks’ Comprehensive Case Information
  222  System; $1.90 shall be retained by the clerk to be deposited in
  223  the Public Records Modernization Trust Fund and used exclusively
  224  for funding court-related technology needs of the clerk as
  225  defined in s. 29.008(1)(f)2. and (h); and $2 shall be
  226  distributed to the board of county commissioners to be used
  227  exclusively to fund court-related technology, and court
  228  technology needs as defined in s. 29.008(1)(f)2. and (h) for the
  229  state trial courts, state attorney, public defender, and
  230  criminal conflict and civil regional counsel in that county. If
  231  the counties maintain legal responsibility for the costs of the
  232  court-related technology needs as defined in s. 29.008(1)(f)2.
  233  and (h), notwithstanding any other provision of law, the county
  234  is not required to provide additional funding beyond that
  235  provided in this section herein for the court-related technology
  236  needs of the clerk as defined in s. 29.008(1)(f)2. and (h). All
  237  court records and official records are the property of the State
  238  of Florida, including any records generated as part of the
  239  Comprehensive Case Information System funded pursuant to this
  240  paragraph and the clerk of court is designated as the custodian
  241  of such records, except in a county where the duty of
  242  maintaining official records exists in a county office other
  243  than the clerk of court or comptroller, such county office is
  244  designated the custodian of all official records, and the clerk
  245  of court is designated the custodian of all court records. The
  246  clerk of court or any entity acting on behalf of the clerk of
  247  court, including an association, may not charge a fee to any
  248  agency as defined in s. 119.011, the Legislature, or the State
  249  Court System for copies of records generated by the
  250  Comprehensive Case Information System or held by the clerk of
  251  court or any entity acting on behalf of the clerk of court,
  252  including an association.
  253         2. If the state becomes legally responsible for the costs
  254  of court-related technology needs as defined in s.
  255  29.008(1)(f)2. and (h), whether by operation of general law or
  256  by court order, $4 shall be remitted to the Department of
  257  Revenue for deposit into the General Revenue Fund.
  258         (14)(a)(13) Oath, administering, attesting, and sealing of
  259  court records, not otherwise provided for in this section
  260  herein: 3.50, from which the clerk shall remit 0.50 to the
  261  Department of Revenue for deposit into the General Revenue Fund.
  262         (b)Oath, administering, attesting, and sealing of records
  263  that are not court records not otherwise provided for in this
  264  section: 3.50.
  265         (15)(a)(14) For validating certificates or, any authorized
  266  bonds that are court records, each: 3.50, from which the clerk
  267  shall remit 0.50 each to the Department of Revenue for deposit
  268  into the General Revenue Fund.
  269         (b)For validating certificates or any authorized bonds
  270  that are not court records, each: 3.50.
  271         (16)(15) For preparing affidavit of domicile:.......5.00.
  272         (17)(16) For exemplified certificates, including the
  273  signing and sealing of them: 7.00, from which the clerk shall
  274  remit 1.00 to the Department of Revenue for deposit into the
  275  General Revenue Fund.
  276         (18)(a)(17) For authenticated certificates that are court
  277  records, including the signing and sealing of them: 7.00, from
  278  which the clerk shall remit 1.00 to the Department of Revenue
  279  for deposit into the General Revenue Fund.
  280         (b)For authenticated certificates that are not court
  281  records, including the signing and sealing of them: 7.00.
  282         (19)(a)(18)(a) For issuing and filing a subpoena for a
  283  witness, not otherwise provided for in this section, including
  284  the herein (includes writing, preparing, signing, and sealing of
  285  it): 7.00, from which the clerk shall remit 1.00 to the
  286  Department of Revenue for deposit into the General Revenue Fund.
  287         (b) For signing and sealing only: 2.00, from which the
  288  clerk shall remit 0.50 to the Department of Revenue for deposit
  289  into the General Revenue Fund.
  290         (20)(a)(19) For approving a court bond: 8.50, from which
  291  the clerk shall remit 1.00 to the Department of Revenue for
  292  deposit into the General Revenue Fund.
  293         (b)For approving a bond: 8.50.
  294         (21)(a)(20) For searching court of records, for each year’s
  295  search: 2.00, from which the clerk shall remit 0.50 for each
  296  year’s search to the Department of Revenue for deposit into the
  297  General Revenue Fund.
  298         (b)For searching records that are not court records, for
  299  each year’s search: 2.00.
  300         (22)(21) For processing an application for a tax deed sale
  301  (includes application, sale, issuance, and preparation of tax
  302  deed, and disbursement of proceeds of sale), other than excess
  303  proceeds:.................................................60.00.
  304         (23)(22) For disbursement of excess proceeds of tax deed
  305  sale, first $100 or fraction thereof:.....................10.00.
  306         (24)(23) Upon receipt of an application for a marriage
  307  license, for preparing and administering of oath; issuing,
  308  sealing, and recording of the marriage license; and providing a
  309  certified copy:...........................................30.00.
  310         (25)(24) For solemnizing matrimony:................30.00.
  311         (26)(25) For sealing any court file or expungement of any
  312  record: 42.00, from which the clerk shall remit 4.50 to the
  313  Department of Revenue for deposit into the General Revenue Fund.
  314         (27)(a)(26)(a) For receiving and disbursing all restitution
  315  payments, per payment: 3.50, from which the clerk shall remit
  316  0.50 per payment to the Department of Revenue for deposit into
  317  the General Revenue Fund.
  318         (b) For receiving and disbursing all partial payments,
  319  other than restitution payments, for which an administrative
  320  processing service charge is not imposed pursuant to s. 28.246,
  321  per month:.................................................5.00.
  322         (c) For setting up a payment plan, a one-time
  323  administrative processing charge in lieu of a per month charge
  324  under paragraph (b):......................................25.00.
  325         (28)(27) Postal charges incurred by the clerk of the
  326  circuit court in any mailing by certified or registered mail
  327  must be paid by the party at whose instance the mailing is made.
  328         (29)(28) For furnishing an electronic copy of information
  329  contained in a computer database: a fee as provided for in
  330  chapter 119.
  331         Section 5. Subsection (2) of section 28.241, Florida
  332  Statutes, is amended to read:
  333         28.241 Filing fees for trial and appellate proceedings.—
  334         (2) Upon the institution of any appellate proceeding from
  335  any lower court to the circuit court of any such county,
  336  including appeals filed by a county or municipality as provided
  337  in s. 34.041(5), or from the county or circuit court to an
  338  appellate court of the state, the clerk shall charge and collect
  339  from the party or parties instituting such appellate proceedings
  340  a filing fee, as follows: not to exceed $280, from which the
  341  clerk shall remit $20 to the Department of Revenue for deposit
  342  into the General Revenue Fund,
  343         (a) For filing a notice of appeal from the county court to
  344  the circuit court, a filing fee not to exceed $280. and, in
  345  addition to the filing fee required under s. 25.241 or s. 35.22,
  346  $100
  347         (b) For filing a notice of appeal from the county or
  348  circuit court to the district court of appeal or to the Supreme
  349  Court, in addition to the filing fee required under s. 25.241 or
  350  s. 35.22, a filing fee not to exceed $100, of which the clerk
  351  shall remit $20 to the Department of Revenue for deposit into
  352  the General Revenue Fund. If the party is determined to be
  353  indigent, the clerk shall defer payment of the fee otherwise
  354  required by this subsection.
  355         Section 6. Subsections (4) and (5) of section 28.246,
  356  Florida Statutes, are amended to read:
  357         28.246 Payment of court-related fines or other monetary
  358  penalties, fees, charges, and costs; partial payments;
  359  distribution of funds.—
  360         (4)(a)Each The clerk of the circuit court shall accept
  361  partial payments for each case type for court-related fees,
  362  service charges, court costs, and fines in accordance with the
  363  terms of an established payment plan developed by the clerk.
  364         (b) An individual seeking to defer payment of fees, service
  365  charges, court costs, or fines imposed by operation of law or
  366  order of the court under any provision of general law shall
  367  apply to the clerk for enrollment in a payment plan. The clerk
  368  shall enter into a payment plan with an individual who the court
  369  determines is indigent for costs. It is the responsibility of an
  370  individual who is released from incarceration and has
  371  outstanding court obligations to contact the clerk within 30
  372  days after release to pay fees, service charges, court costs,
  373  and fines in full, or to apply for enrollment in a payment plan.
  374  A monthly payment amount, calculated based upon all fees and all
  375  anticipated fees, service charges, court costs, and fines, is
  376  presumed to correspond to the person’s ability to pay if the
  377  amount does not exceed 2 percent of the person’s annual net
  378  income, as defined in s. 27.52(1), divided by 12. The clerk
  379  shall establish all terms of a payment plan, and the court may
  380  review the reasonableness of the payment plan.
  381         (5) When receiving partial payment of fees, service
  382  charges, court costs, and fines, clerks shall distribute funds
  383  according to the following order of priority:
  384         (a) That portion of fees, service charges, court costs, and
  385  fines to be remitted to the state for deposit into the General
  386  Revenue Fund.
  387         (b) That portion of fees, service charges, court costs, and
  388  fines required to be retained by the clerk of the court or
  389  deposited into the Clerks of the Court Trust Fund within the
  390  Department of Revenue.
  391         (c) That portion of fees, service charges, court costs, and
  392  fines payable to state trust funds, allocated on a pro rata
  393  basis among the various authorized funds if the total collection
  394  amount is insufficient to fully fund all such funds as provided
  395  by law.
  396         (d) That portion of fees, service charges, court costs, and
  397  fines payable to counties, municipalities, or other local
  398  entities, allocated on a pro rata basis among the various
  399  authorized recipients if the total collection amount is
  400  insufficient to fully fund all such recipients as provided by
  401  law.
  402  
  403  To offset processing costs, clerks may impose either a per-month
  404  service charge pursuant to s. 28.24(27)(b) s. 28.24(26)(b) or a
  405  one-time administrative processing service charge at the
  406  inception of the payment plan pursuant to s. 28.24(27)(c) s.
  407  28.24(26)(c).
  408         Section 7. Effective upon this act becoming a law,
  409  paragraph (f) of subsection (2) and paragraph (a) of subsection
  410  (3) of section 28.35, Florida Statutes, are amended to read:
  411         28.35 Florida Clerks of Court Operations Corporation.—
  412         (2) The duties of the corporation shall include the
  413  following:
  414         (f) Approving the proposed budgets submitted by clerks of
  415  the court pursuant to s. 28.36. The corporation must ensure that
  416  the total combined budgets of the clerks of the court do not
  417  exceed the total estimated revenues from fees, service charges,
  418  court costs, and fines for court-related functions available for
  419  court-related expenditures as determined by the most recent
  420  Revenue Estimating Conference, plus the total of unspent
  421  budgeted funds for court-related functions carried forward by
  422  the clerks of the court from the previous county fiscal year,
  423  and plus the balance of funds remaining in the Clerks of the
  424  Court Trust Fund after the transfer of funds to the General
  425  Revenue Fund required pursuant to s. 28.37(4)(b), and plus any
  426  appropriations for court-related functions s. 28.37(3)(b). The
  427  corporation may amend any individual clerk of the court budget
  428  to ensure compliance with this paragraph and must consider
  429  performance measures, workload performance standards, workload
  430  measures, and expense data before modifying the budget. As part
  431  of this process, the corporation shall:
  432         1. Calculate the minimum amount of revenue necessary for
  433  each clerk of the court to efficiently perform the list of
  434  court-related functions specified in paragraph (3)(a). The
  435  corporation shall apply the workload measures appropriate for
  436  determining the individual level of review required to fund the
  437  clerk’s budget.
  438         2. Prepare a cost comparison of similarly situated clerks
  439  of the court, based on county population and numbers of filings,
  440  using the standard list of court-related functions specified in
  441  paragraph (3)(a).
  442         3. Conduct an annual base budget review and an annual
  443  budget exercise examining the total budget of each clerk of the
  444  court. The review shall examine revenues from all sources,
  445  expenses of court-related functions, and expenses of noncourt
  446  related functions as necessary to determine that court-related
  447  revenues are not being used for noncourt-related purposes. The
  448  review and exercise shall identify potential targeted budget
  449  reductions in the percentage amount provided in Schedule VIII-B
  450  of the state’s previous year’s legislative budget instructions,
  451  as referenced in s. 216.023(3), or an equivalent schedule or
  452  instruction as may be adopted by the Legislature.
  453         4. Identify those proposed budgets containing funding for
  454  items not included on the standard list of court-related
  455  functions specified in paragraph (3)(a).
  456         5. Identify those clerks projected to have court-related
  457  revenues insufficient to fund their anticipated court-related
  458  expenditures.
  459         6. Use revenue estimates based on the official estimate for
  460  funds from fees, service charges, court costs, and fines for
  461  court-related functions accruing to the clerks of the court made
  462  by the Revenue Estimating Conference, as well as any unspent
  463  budgeted funds for court-related functions carried forward by
  464  the clerks of the court from the previous county fiscal year and
  465  the balance of funds remaining in the Clerks of the Court Trust
  466  Fund after the transfer of funds to the General Revenue Fund
  467  required pursuant to s. 28.37(4)(b), plus any appropriations for
  468  the purpose of funding court-related functions s. 28.37(3)(b).
  469         7. Identify pay and benefit increases in any proposed clerk
  470  budget, including, but not limited to, cost of living increases,
  471  merit increases, and bonuses.
  472         8. Identify increases in anticipated expenditures in any
  473  clerk budget that exceeds the current year budget by more than 3
  474  percent.
  475         9. Identify the budget of any clerk which exceeds the
  476  average budget of similarly situated clerks by more than 10
  477  percent.
  478  
  479  For the purposes of this paragraph, the term “unspent budgeted
  480  funds for court-related functions” means undisbursed funds
  481  included in the clerks of the courts budgets for court-related
  482  functions established pursuant to this section and s. 28.36.
  483         (3)(a) The list of court-related functions that clerks may
  484  fund from filing fees, service charges, court costs, and fines
  485  is limited to those functions expressly authorized by law or
  486  court rule. Those functions include the following: case
  487  maintenance; records management; court preparation and
  488  attendance; processing the assignment, reopening, and
  489  reassignment of cases; processing of appeals; collection and
  490  distribution of fines, fees, service charges, and court costs;
  491  processing of bond forfeiture payments; data collection and
  492  reporting; determinations of indigent status; and paying
  493  reasonable administrative support costs to enable the clerk of
  494  the court to carry out these court-related functions.
  495         Section 8. Effective upon this act becoming a law, present
  496  subsections (3) and (4) of section 28.36, Florida Statutes, are
  497  redesignated as subsections (4) and (5), respectively, a new
  498  subsection (3) is added to that section, and subsection (1),
  499  paragraph (b) of subsection (2), and present subsection (4) of
  500  that section are amended, to read:
  501         28.36 Budget procedure.—There is established a budget
  502  procedure for the court-related functions of the clerks of the
  503  court.
  504         (1) Only those functions listed in s. 28.35(3)(a) may be
  505  funded from fees, service charges, court costs, and fines
  506  retained by the clerks of the court.
  507         (2) Each proposed budget shall further conform to the
  508  following requirements:
  509         (b) The proposed budget must be balanced such that the
  510  total of the estimated revenues available equals or exceeds the
  511  total of the anticipated expenditures. Such revenues include
  512  revenue projected to be received from fees, service charges,
  513  court costs, and fines for court-related functions during the
  514  fiscal period covered by the budget, plus the total of unspent
  515  budgeted funds for court-related functions carried forward by
  516  the clerk of the court from the previous county fiscal year and
  517  plus the portion of the balance of funds remaining in the Clerks
  518  of the Court Trust Fund after the transfer of funds to the
  519  General Revenue Fund required pursuant to s. 28.37(4)(b) s.
  520  28.37(3)(b) which has been allocated to each respective clerk of
  521  the court by the Florida Clerks of Court Operations Corporation.
  522  For the purposes of this paragraph, the term “unspent budgeted
  523  funds for court-related functions” means undisbursed funds
  524  included in the clerk of the courts’ budget for court related
  525  functions established pursuant to s. 28.35 and this section. The
  526  anticipated expenditures must be itemized as required by the
  527  corporation.
  528         (3)(a) The Florida Clerks of Court Operations Corporation
  529  shall establish and manage a reserve for contingencies within
  530  the Clerks of the Court Trust Fund which must consist of an
  531  amount not to exceed 16 percent of the total budget authority
  532  for the clerks of court during the current county fiscal year,
  533  to be carried forward at the end of the fiscal year. Funds to be
  534  held in reserve include transfers of cumulative excess, as
  535  provided in s. 28.37(4)(b), from the Clerks of the Court Trust
  536  Fund and may also include revenues provided by law or moneys
  537  appropriated by the Legislature.
  538         (b) The corporation shall provide a reporting of the
  539  balance and use of these funds during each county fiscal year as
  540  part of the corporation’s annual report submitted under s.
  541  28.35(2)(h).
  542         (c) The corporation may use the reserve to ensure the
  543  clerks of court can perform the court-related functions as
  544  provided in s. 28.35(3)(a). Moneys in the Clerks of the Court
  545  Trust Fund which are held in reserve may be used by the
  546  corporation under the following circumstances:
  547         1. To offset a current deficit between the revenue
  548  available and the original budget authority. A deficit is deemed
  549  to occur when the revenue available to the clerks of court falls
  550  below the original revenue projection for that county fiscal
  551  year.
  552         2.To provide funding for an emergency, as defined in s.
  553  252.34(4). The emergency must have been declared by the
  554  Governor, pursuant to s. 252.36, or otherwise declared by law.
  555         3.To provide funds in the development of the total
  556  aggregate budget of the clerks of court to ensure that a minimum
  557  continuation budget is met. For purposes of this subparagraph, a
  558  minimum continuation budget is the budget approved for the
  559  current county fiscal year or some lesser amount adopted by the
  560  corporation.
  561         (d) To use the reserve, the corporation must request a
  562  budget amendment pursuant to s. 216.292.
  563         (5)(4) The corporation may approve increases or decreases
  564  to the previously authorized budgets approved for individual
  565  clerks of the court pursuant to s. 28.35 for court-related
  566  functions, if:
  567         (a) The additional budget authority is necessary to pay the
  568  cost of performing new or additional functions required by
  569  changes in law or court rule; or
  570         (b) The additional budget authority is necessary to pay the
  571  cost of supporting increases in the number of judges or
  572  magistrates authorized by the Legislature, or for increases in
  573  the use of hearing officers and senior judges assigned by the
  574  courts.
  575         Section 9. Effective upon this act becoming a law, section
  576  28.37, Florida Statutes, is amended to read:
  577         28.37 Fines, fees, service charges, and costs remitted to
  578  the state.—
  579         (1) Pursuant to s. 14(b), Art. V of the State Constitution,
  580  selected salaries, costs, and expenses of the state courts
  581  system and court-related functions shall be funded from a
  582  portion of the revenues derived from statutory fines, fees,
  583  service charges, and court costs collected by the clerks of the
  584  court and from adequate and appropriate supplemental funding
  585  from state revenues as appropriated by the Legislature.
  586         (2) As used in this section, the term:
  587         (a) “Cumulative excess” means revenues derived from fines,
  588  fees, service charges, and court costs collected by the clerks
  589  of the court which are greater than the original revenue
  590  projection.
  591         (b) “Original revenue projection” means the official
  592  estimate, as determined by the Revenue Estimating Conference, of
  593  revenues from fines, fees, service charges, and court costs
  594  available for court-related functions for the county fiscal year
  595  covered by the projection.
  596         (3)The Beginning November 1, 2013, that portion of all
  597  fines, fees, service charges, and costs collected by the clerks
  598  of the court for the previous month which is in excess of one
  599  twelfth of the clerks’ total budget for the performance of
  600  court-related functions must shall be remitted to the Department
  601  of Revenue for deposit into the Clerks of the Court Trust Fund.
  602  Such collections do not include funding received for the
  603  operation of the Title IV-D child support collections and
  604  disbursement program. The clerk of the court shall remit the
  605  revenues collected during the previous month due to the state on
  606  or before the 10th day of each month.
  607         (4)(a)(3)(a) Each year, no later than January 25, for the
  608  previous county fiscal year, the clerks of court, in
  609  consultation with the Florida Clerks of Court Operations
  610  Corporation, shall remit to the Department of Revenue for
  611  deposit in the Clerks of the Court Trust Fund the cumulative
  612  excess of all fines, fees, service charges, and court costs
  613  retained by the clerks of the court, plus any funds received by
  614  the clerks of the court from the Clerks of the Court Trust Fund
  615  under s. 28.36(4) s. 28.36(3), which exceed the amount needed to
  616  meet their authorized budget amounts established under s. 28.35.
  617         (b) No later than February 1, 2022, and each February 1
  618  thereafter, the Department of Revenue shall transfer 50 percent
  619  of the cumulative excess of the original revenue projection from
  620  the Clerks of the Court Trust Fund to the General Revenue Fund.
  621  The remaining 50 percent in the Clerks of the Court Trust Fund
  622  may be used in the development of the total combined budgets of
  623  the clerks of the court as provided in s. 28.35(2)(f)6. However,
  624  a minimum of 10 percent of the clerk-retained portion of the
  625  cumulative excess amount must be held in reserve until such
  626  funds reach an amount equal to at least 16 percent of the total
  627  budget authority from the current county fiscal year, as
  628  provided in s. 28.36(3)(a)
  629         1. No later than February 1, 2020, the Department of
  630  Revenue shall transfer from the Clerks of the Court Trust Fund
  631  to the General Revenue Fund the sum of the cumulative excess of
  632  all fines, fees, service charges, and costs submitted by the
  633  clerks of court pursuant to subsection (2) and the cumulative
  634  excess of all fines, fees, service charges, and costs remitted
  635  by the clerks of court pursuant to paragraph (a) in excess of
  636  $10 million.
  637         2. No later than February 1, 2021, the Department of
  638  Revenue shall transfer from the Clerks of the Court Trust Fund
  639  to the General Revenue Fund not less than 50 percent of the sum
  640  of the cumulative excess of all fines, fees, service charges,
  641  and costs submitted by the clerks of court pursuant to
  642  subsection (2) and the cumulative excess of all fines, fees,
  643  service charges, and costs remitted by the clerks of court
  644  pursuant to paragraph (a); provided however, the balance
  645  remaining in the Clerks of Courts Trust Fund after such transfer
  646  may not be more than $20 million.
  647         3. No later than February 1, 2022, the Department of
  648  Revenue shall transfer from the Clerks of the Court Trust Fund
  649  to the General Revenue Fund not less than 50 percent of the sum
  650  of the cumulative excess of all fines, fees, service charges,
  651  and costs submitted by the clerks of court pursuant to
  652  subsection (2) and the cumulative excess of all fines, fees,
  653  service charges, and costs remitted by the clerks of court
  654  pursuant to paragraph (a); provided however, the balance
  655  remaining in the Clerks of Courts Trust Fund after such transfer
  656  may not be more than $20 million.
  657         4. No later than February 1, 2023, and each February 1
  658  thereafter, the Department of Revenue shall transfer from the
  659  Clerks of the Court Trust Fund to the General Revenue Fund the
  660  cumulative excess of all fines, fees, service charges, and costs
  661  submitted by the clerks of court pursuant to subsection (2) and
  662  the cumulative excess of all fines, fees, service charges, and
  663  costs remitted by the clerks of court pursuant to paragraph (a).
  664         (5)(4) The Department of Revenue shall collect any funds
  665  that the Florida Clerks of Court Operations Corporation
  666  determines upon investigation were due but not remitted to the
  667  Department of Revenue. The corporation shall notify the clerk of
  668  the court and the Department of Revenue of the amount due to the
  669  Department of Revenue. The clerk of the court shall remit the
  670  amount due no later than the 10th day of the month following the
  671  month in which notice is provided by the corporation to the
  672  clerk of the court.
  673         (6)(5) Ten percent of all court-related fines collected by
  674  the clerk, except for penalties or fines distributed to counties
  675  or municipalities under s. 316.0083(1)(b)3. or s. 318.18(15)(a),
  676  must shall be deposited into the fine and forfeiture fund to be
  677  used exclusively for clerk court-related functions, as provided
  678  in s. 28.35(3)(a).
  679         Section 10. Section 28.42, Florida Statutes, is amended to
  680  read:
  681         28.42 Manual of filing fees, charges, costs, and fines;
  682  payment plan form.—
  683         (1) The clerks of court, through their association and in
  684  consultation with the Office of the State Courts Administrator,
  685  shall prepare and disseminate a manual of filing fees, service
  686  charges, costs, and fines imposed pursuant to state law, for
  687  each type of action and offense, and classified as mandatory or
  688  discretionary. The manual also shall classify the fee, charge,
  689  cost, or fine as court-related revenue or noncourt-related
  690  revenue. The clerks, through their association, shall
  691  disseminate this manual to the chief judge, state attorney,
  692  public defender, and court administrator in each circuit and to
  693  the clerk of the court in each county. The clerks, through their
  694  association and in consultation with the Office of the State
  695  Courts Administrator, shall at a minimum update and disseminate
  696  this manual on July 1 of each year.
  697         (2) By October 1, 2021, the clerks of court, through the
  698  Florida Clerks of Court Operations Corporation, shall develop a
  699  uniform payment plan form for use by persons seeking to
  700  establish a payment plan in accordance with s. 28.246(4). The
  701  form must inform the person of the minimum payment due each
  702  month, the term of the plan, acceptable payment methods, and the
  703  circumstances under which a case may be sent to collections for
  704  nonpayment.
  705         (3) By January 1, 2022, each clerk of court shall use the
  706  uniform payment plan form developed pursuant to subsection (2)
  707  when establishing payment plans.
  708         Section 11. Effective upon this act becoming law,
  709  subsection (5) of section 40.29, Florida Statutes, is amended to
  710  read:
  711         40.29 Payment of due-process costs.—
  712         (5) The Justice Administrative Commission shall reimburse
  713  provide funds to the clerks of the court to compensate jurors,
  714  to pay for meals or lodging provided to jurors, and to pay for
  715  jury-related personnel costs as provided in this section. Each
  716  clerk of the court must submit a request for reimbursement shall
  717  forward to the Florida Clerks of Court Operations Corporation
  718  within 20 days after each quarter attesting to the clerk’s
  719  actual costs Justice Administrative Commission a quarterly
  720  estimate of funds necessary to compensate jurors, to and pay for
  721  meals or lodging provided to jurors, and to pay for jury-related
  722  personnel costs during the upcoming quarter. The Florida Clerks
  723  of Court Operations Corporation must review the request for
  724  reimbursement to ensure that the costs are reasonably and
  725  directly related to jury management. The Florida Clerks of Court
  726  Operations Corporation must shall forward to the Justice
  727  Administrative Commission a quarterly estimate of the amount
  728  necessary to reimburse each clerk of the court for its personnel
  729  and other costs related to jury management unless the total
  730  request for reimbursement by the clerks exceeds the quarterly
  731  funds available to the Justice Administrative Commission, in
  732  which case the Florida Clerks of Court Operations Corporation
  733  shall adjust the cumulative total to match the available funds
  734  before submitting the request to the Justice Administrative
  735  Commission. Upon receipt of each request for reimbursement such
  736  estimates, the Justice Administrative Commission must review
  737  shall determine the amount deemed necessary for payment to the
  738  clerks of the court for the most recently completed during the
  739  upcoming quarter, determine if the total payment amount is
  740  available, and submit a request for payment to the Chief
  741  Financial Officer. If the Justice Administrative Commission
  742  believes that the amount appropriated by the Legislature is
  743  insufficient to meet such costs during the remaining part of the
  744  state fiscal year, the commission may apportion the funds
  745  appropriated in the General Appropriations Act for those
  746  purposes among the several counties, basing the apportionment
  747  upon the amount expended for such purposes in each county during
  748  the prior fiscal year, in which case, the Chief Financial
  749  Officer shall issue the appropriate apportioned amount by
  750  warrant to each county. The clerks of the court are responsible
  751  for any compensation to jurors, for payments for meals or
  752  lodging provided to jurors, and for jury-related personnel costs
  753  that exceed the funding provided in the General Appropriations
  754  Act for these purposes.
  755         Section 12. Effective upon this act becoming a law, section
  756  45.035, Florida Statutes, is amended to read:
  757         45.035 Clerk’s fees.—In addition to other fees or service
  758  charges authorized by law, the clerk shall receive service
  759  charges related to the judicial sales procedure set forth in ss.
  760  45.031-45.033 ss. 45.031-45.034 and this section:
  761         (1) The clerk shall receive a service charge of $70, from
  762  which the clerk shall remit $10 to the Department of Revenue for
  763  deposit into the General Revenue Fund, for services in making,
  764  recording, and certifying the sale and title, which service
  765  charge shall be assessed as costs and shall be advanced by the
  766  plaintiff before the sale.
  767         (2) If there is a surplus resulting from the sale, the
  768  clerk may receive the following service charges, which shall be
  769  deducted from the surplus:
  770         (a) The clerk may withhold the sum of $28 from the surplus
  771  which may only be used for purposes of educating the public as
  772  to the rights of homeowners regarding foreclosure proceedings.
  773         (b) The clerk is entitled to a service charge of $15 for
  774  each disbursement of surplus proceeds, from which the clerk
  775  shall remit $5 to the Department of Revenue for deposit into the
  776  General Revenue Fund.
  777         (3) If the sale is conducted by electronic means, as
  778  provided in s. 45.031(10), the clerk shall receive an additional
  779  service charge not to exceed $70 for services in conducting or
  780  contracting for the electronic sale, which service charge shall
  781  be assessed as costs and paid when filing for an electronic sale
  782  date. If the clerk requires advance electronic deposits to
  783  secure the right to bid, such deposits shall not be subject to
  784  the fee under s. 28.24(11) s. 28.24(10). The portion of an
  785  advance deposit from a winning bidder required by s. 45.031(3)
  786  shall, upon acceptance of the winning bid, be subject to the fee
  787  under s. 28.24(11) s. 28.24(10).
  788         Section 13. Effective upon this act becoming a law,
  789  subsection (2) of section 55.141, Florida Statutes, is amended
  790  to read:
  791         55.141 Satisfaction of judgments and decrees; duties of
  792  clerk.—
  793         (2) Upon such payment, the clerk shall execute and record
  794  in the official records a satisfaction of judgment upon payment
  795  of the recording charge prescribed in s. 28.24(13) s. 28.24(12).
  796  Upon payment of the amount required in subsection (1) and the
  797  recording charge required by this subsection and execution and
  798  recordation of the satisfaction by the clerk, any lien created
  799  by the judgment is satisfied and discharged.
  800         Section 14. Effective upon this act becoming a law,
  801  subsection (6) of section 57.082, Florida Statutes, is amended
  802  to read:
  803         57.082 Determination of civil indigent status.—
  804         (6) PROCESSING CHARGE; PAYMENT PLANS.—A person who the
  805  clerk or the court determines is indigent for civil proceedings
  806  under this section shall be enrolled in a payment plan under s.
  807  28.246 and shall be charged a one-time administrative processing
  808  charge under s. 28.24(27)(c) s. 28.24(26)(c). A monthly payment
  809  amount, calculated based upon all fees and all anticipated
  810  costs, is presumed to correspond to the person’s ability to pay
  811  if it does not exceed 2 percent of the person’s annual net
  812  income, as defined in subsection (1), divided by 12. The person
  813  may seek review of the clerk’s decisions regarding a payment
  814  plan established under s. 28.246 in the court having
  815  jurisdiction over the matter. A case may not be impeded in any
  816  way, delayed in filing, or delayed in its progress, including
  817  the final hearing and order, due to nonpayment of any fees or
  818  costs by an indigent person. Filing fees waived from payment
  819  under s. 57.081 may not be included in the calculation related
  820  to a payment plan established under this section.
  821         Section 15. Effective upon this act becoming a law,
  822  paragraph (c) of subsection (5) of section 197.502, Florida
  823  Statutes, is amended to read:
  824         197.502 Application for obtaining tax deed by holder of tax
  825  sale certificate; fees.—
  826         (5)
  827         (c) Upon receiving the tax deed application from the tax
  828  collector, the clerk shall record a notice of tax deed
  829  application in the official records, which constitutes notice of
  830  the pendency of a tax deed application with respect to the
  831  property and remains effective for 1 year from the date of
  832  recording. A person acquiring an interest in the property after
  833  the tax deed application notice has been recorded is deemed to
  834  be on notice of the pending tax deed sale, and no additional
  835  notice is required. The sale of the property automatically
  836  releases any recorded notice of tax deed application for that
  837  property. If the property is redeemed, the clerk must record a
  838  release of the notice of tax deed application upon payment of
  839  the fees as authorized in s. 28.24(9) and (13) s. 28.24(8) and
  840  (12). The contents of the notice shall be the same as the
  841  contents of the notice of publication required by s. 197.512.
  842  The cost of recording must be collected at the time of
  843  application under subsection (1), and added to the opening bid.
  844         Section 16. Effective upon this act becoming a law, section
  845  197.532, Florida Statutes, is amended to read:
  846         197.532 Fees for mailing additional notices, when
  847  application is made by holder.—When the certificateholder makes
  848  a written request of the clerk and furnishes the names and
  849  addresses at the time of the filing of the application, the
  850  clerk shall send a copy of the notice referred to in s. 197.522
  851  to anyone to whom the certificateholder may request him or her
  852  to send it, and the clerk shall include in such notice the
  853  statement required in s. 197.522. The certificateholder shall
  854  pay the clerk the service charges as prescribed in s. 28.24(6)
  855  s. 28.24(5) for preparing and mailing each copy of notice
  856  requested by the holder. When the charges are made, they shall
  857  be added by the clerk to the amount required to redeem the land
  858  from sale.
  859         Section 17. Effective upon this act becoming a law,
  860  subsection (3) and paragraphs (a) and (b) of subsection (4) of
  861  section 197.542, Florida Statutes, are amended to read:
  862         197.542 Sale at public auction.—
  863         (3) If the sale is canceled for any reason or the buyer
  864  fails to make full payment within the time required, the clerk
  865  shall readvertise the sale within 30 days after the buyer’s
  866  nonpayment or, if canceled, within 30 days after the clerk
  867  receives the costs of resale. The sale shall be held within 30
  868  days after readvertising. Only one advertisement is necessary.
  869  The amount of the opening bid shall be increased by the cost of
  870  advertising, additional clerk’s fees as provided for in s.
  871  28.24(22) s. 28.24(21), and interest as provided for in
  872  subsection (1). If, at the subsequent sale, there are no bidders
  873  at the tax deed sale and the certificateholder fails to pay the
  874  moneys due within 30 days after the sale, the clerk may not
  875  readvertise the sale and shall place the property on a list
  876  entitled “lands available for taxes.” The clerk must receive
  877  full payment before the issuance of the tax deed.
  878         (4)(a) A clerk may conduct electronic tax deed sales in
  879  lieu of public outcry. The clerk must comply with the procedures
  880  provided in this chapter, except that electronic proxy bidding
  881  shall be allowed and the clerk may require bidders to advance
  882  sufficient funds to pay the deposit required by subsection (2).
  883  The clerk shall provide access to the electronic sale by
  884  computer terminals open to the public at a designated location.
  885  A clerk who conducts such electronic sales may receive
  886  electronic deposits and payments related to the sale. The
  887  portion of an advance deposit from a winning bidder required by
  888  subsection (2) shall, upon acceptance of the winning bid, be
  889  subject to the fee under s. 28.24(11) s. 28.24(10).
  890         (b) This subsection does not restrict or limit the
  891  authority of a charter county to conduct electronic tax deed
  892  sales. In a charter county where the clerk of the circuit court
  893  does not conduct all electronic sales, the charter county shall
  894  be permitted to receive electronic deposits and payments related
  895  to sales it conducts, as well as to subject the winning bidder
  896  to a fee, consistent with the schedule in s. 28.24(11) s.
  897  28.24(10).
  898         Section 18. Effective upon this act becoming a law,
  899  paragraph (b) of subsection (2) of section 197.582, Florida
  900  Statutes, is amended to read:
  901         197.582 Disbursement of proceeds of sale.—
  902         (2)
  903         (b) The mailed notice must include a form for making a
  904  claim under subsection (3). Service charges at the rate set
  905  forth in s. 28.24(11) s. 28.24(10) and the costs of mailing must
  906  be paid out of the surplus funds held by the clerk. If the clerk
  907  or comptroller certifies that the surplus funds are not
  908  sufficient to cover the service charges and mailing costs, the
  909  clerk shall receive the total amount of surplus funds as a
  910  service charge. For purposes of identifying unclaimed property
  911  pursuant to s. 717.113, excess proceeds shall be presumed
  912  payable or distributable on the date the notice is sent.
  913         Section 19. Paragraph (a) of subsection (1) of section
  914  318.15, Florida Statutes, is amended to read:
  915         318.15 Failure to comply with civil penalty or to appear;
  916  penalty.—
  917         (1)(a) If a person fails to comply with the civil penalties
  918  provided in s. 318.18 within the time period specified in s.
  919  318.14(4), fails to enter into or comply with the terms of a
  920  penalty payment plan with the clerk of the court in accordance
  921  with ss. 318.14 and 28.246, fails to attend driver improvement
  922  school, or fails to appear at a scheduled hearing, the clerk of
  923  the court must shall notify the Department of Highway Safety and
  924  Motor Vehicles of such failure within 10 days after such
  925  failure. Upon receipt of such notice, the department must shall
  926  immediately issue an order suspending the driver license and
  927  privilege to drive of such person effective 20 days after the
  928  date the order of suspension is mailed in accordance with s.
  929  322.251(1), (2), and (6). The order also must inform the person
  930  that he or she may contact the clerk of the court to establish a
  931  payment plan pursuant to s. 28.246(4) to make partial payments
  932  for court-related fines, fees, service charges, and court costs.
  933  Any such suspension of the driving privilege which has not been
  934  reinstated, including a similar suspension imposed outside of
  935  this state Florida, must shall remain on the records of the
  936  department for a period of 7 years from the date imposed and
  937  must shall be removed from the records after the expiration of 7
  938  years from the date it is imposed. The department may not accept
  939  the resubmission of such suspension.
  940         Section 20. Section 318.20, Florida Statutes, is amended to
  941  read:
  942         318.20 Notification; duties of department.—The department
  943  shall prepare a notification form to be appended to, or
  944  incorporated as a part of, the Florida uniform traffic citation
  945  issued in accordance with s. 316.650. The notification form must
  946  shall contain language informing persons charged with
  947  infractions to which this chapter applies of the procedures
  948  available to them under this chapter. Such notification form
  949  must shall contain a statement that, if the official determines
  950  that no infraction has been committed, no costs or penalties may
  951  shall be imposed and any costs or penalties that which have been
  952  paid will shall be returned. Additionally, the notification form
  953  must include information on paying the civil penalty to the
  954  clerk of the court and the ability to establish a payment plan
  955  pursuant to s. 28.246(4). A uniform traffic citation that is
  956  produced electronically must also include the information
  957  required by this section.
  958         Section 21. Subsections (1) and (3) and paragraph (a) of
  959  subsection (5) of section 322.245, Florida Statutes, are amended
  960  to read:
  961         322.245 Suspension of license upon failure of person
  962  charged with specified offense under chapter 316, chapter 320,
  963  or this chapter to comply with directives ordered by traffic
  964  court or upon failure to pay child support in non-IV-D cases as
  965  provided in chapter 61 or failure to pay any financial
  966  obligation in any other criminal case.—
  967         (1) If a person charged with a violation of any of the
  968  criminal offenses enumerated in s. 318.17 or with the commission
  969  of any offense constituting a misdemeanor under chapter 320 or
  970  this chapter fails to comply with all of the directives of the
  971  court within the time allotted by the court, the clerk of the
  972  traffic court must provide shall mail to the person, either
  973  electronically or by mail sent to at the address specified on
  974  the uniform traffic citation, a notice of such failure,
  975  notifying him or her that, if he or she does not comply with the
  976  directives of the court within 30 days after the date of the
  977  notice and pay a delinquency fee of up to $25 to the clerk, from
  978  which the clerk shall remit $10 to the Department of Revenue for
  979  deposit into the General Revenue Fund, his or her driver license
  980  will be suspended. The notice must shall be sent mailed no later
  981  than 5 days after such failure. The delinquency fee may be
  982  retained by the office of the clerk to defray the operating
  983  costs of the office.
  984         (3) If the person fails to comply with the directives of
  985  the court within the 30-day period, or, in non-IV-D cases, fails
  986  to comply with the requirements of s. 61.13016 within the period
  987  specified in that statute, the depository or the clerk of the
  988  court must shall electronically notify the department of such
  989  failure within 10 days. Upon electronic receipt of the notice,
  990  the department shall immediately issue an order suspending the
  991  person’s driver license and privilege to drive effective 20 days
  992  after the date the order of suspension is mailed in accordance
  993  with s. 322.251(1), (2), and (6). The order of suspension must
  994  also contain information specifying that the person may contact
  995  the clerk of the court to establish a payment plan pursuant to
  996  s. 28.246(4) to make partial payments for fines, fees, service
  997  charges, and court costs.
  998         (5)(a) When the department receives notice from a clerk of
  999  the court that a person licensed to operate a motor vehicle in
 1000  this state under the provisions of this chapter has failed to
 1001  pay financial obligations for any criminal offense other than
 1002  those specified in subsection (1), in full or in part under a
 1003  payment plan pursuant to s. 28.246(4), the department must shall
 1004  suspend the license of the person named in the notice. The
 1005  department shall mail an order of suspension in accordance with
 1006  s. 322.251(1), (2), and (6), which must also contain information
 1007  specifying that the person may contact the clerk of the court to
 1008  establish a payment plan pursuant to s. 28.246(4) to make
 1009  partial payments for fines, fees, service charges, and court
 1010  costs.
 1011         Section 22. Effective upon this act becoming a law,
 1012  paragraph (d) of subsection (3) of section 569.23, Florida
 1013  Statutes, is amended to read:
 1014         569.23 Security requirements for tobacco settlement
 1015  agreement signatories, successors, parents, and affiliates.—
 1016         (3)
 1017         (d) The clerk of the Supreme Court shall collect fees for
 1018  receipt of deposits under this subsection as authorized by ss.
 1019  28.231 and 28.24(11)(a) 28.24(10)(a). In addition, for as long
 1020  as any cash remains on deposit with the clerk pursuant to this
 1021  subsection, the clerk of the Supreme Court is entitled to
 1022  regularly receive as an additional fee the net investment income
 1023  earned thereon. The clerk shall use the services of the Chief
 1024  Financial Officer, as needed, for the custody and management of
 1025  all bonds, other surety, or cash posted or deposited with the
 1026  clerk. All fees collected pursuant to this subsection shall be
 1027  deposited in the State Courts Revenue Trust Fund for use as
 1028  specified by law.
 1029         Section 23. Effective upon this act becoming a law,
 1030  subsection (3) of section 712.06, Florida Statutes, is amended
 1031  to read:
 1032         712.06 Contents of notice; recording and indexing.—
 1033         (3) The person providing the notice referred to in s.
 1034  712.05, other than a notice for preservation of a community
 1035  covenant or restriction, shall:
 1036         (a) Cause the clerk of the circuit court to mail by
 1037  registered or certified mail to the purported owner of said
 1038  property, as stated in such notice, a copy thereof and shall
 1039  enter on the original, before recording the same, a certificate
 1040  showing such mailing. For preparing the certificate, the
 1041  claimant shall pay to the clerk the service charge as prescribed
 1042  in s. 28.24(9) s. 28.24(8) and the necessary costs of mailing,
 1043  in addition to the recording charges as prescribed in s.
 1044  28.24(13) s. 28.24(12). If the notice names purported owners
 1045  having more than one address, the person filing the same shall
 1046  furnish a true copy for each of the several addresses stated,
 1047  and the clerk shall send one such copy to the purported owners
 1048  named at each respective address. Such certificate shall be
 1049  sufficient if the same reads substantially as follows:
 1050  
 1051         I hereby certify that I did on this ...., mail by
 1052  registered (or certified) mail a copy of the foregoing notice to
 1053  each of the following at the address stated:
 1054  
 1055  ...(Clerk of the circuit court)...
 1056  of .... County, Florida,
 1057  By...(Deputy clerk)...
 1058  
 1059  The clerk of the circuit court is not required to mail to the
 1060  purported owner of such property any such notice that pertains
 1061  solely to the preserving of any covenant or restriction or any
 1062  portion of a covenant or restriction; or
 1063         (b) Publish once a week, for 2 consecutive weeks, the
 1064  notice referred to in s. 712.05, with the official record book
 1065  and page number in which such notice was recorded, in a
 1066  newspaper as defined in chapter 50 in the county in which the
 1067  property is located.
 1068         Section 24. Present subsection (3) of section 775.083,
 1069  Florida Statutes, is redesignated as subsection (4), and a new
 1070  subsection (3) is added to that section, to read:
 1071         775.083 Fines.—
 1072         (3) The clerk of the court of each county is the entity
 1073  responsible for collecting payment of fines, fees, service
 1074  charges, and court costs. Unless otherwise designated by the
 1075  court, a person who has been ordered to pay court obligations
 1076  under this section shall immediately contact the clerk to pay
 1077  fines, fees, service charges, and court costs in full or to
 1078  apply for enrollment in a payment plan pursuant to s. 28.246(4).
 1079         Section 25. Except as otherwise expressly provided in this
 1080  act and except for this section, which shall take effect upon
 1081  this act becoming a law, this act shall take effect October 1,
 1082  2021.
 1083  
 1084  ================= T I T L E  A M E N D M E N T ================
 1085  And the title is amended as follows:
 1086         Delete everything before the enacting clause
 1087  and insert:
 1088                        A bill to be entitled                      
 1089         An act relating to clerks of the court; amending s.
 1090         27.52, F.S.; conforming a cross-reference; amending s.
 1091         28.222, F.S.; requiring certain service charges to be
 1092         distributed in a specified manner; amending s.
 1093         28.22205, F.S.; conforming a cross-reference; amending
 1094         s. 28.24, F.S.; defining the term “court record”;
 1095         specifying the amount of charges for certain services
 1096         rendered by, and instruments filed with, the clerk of
 1097         the circuit court which are not court records;
 1098         amending s. 28.241, F.S.; revising the distribution of
 1099         revenue from filing fees from the institution of
 1100         certain appellate proceedings; amending s. 28.246,
 1101         F.S.; clarifying the responsibility of an individual
 1102         released from incarceration regarding enrolling in a
 1103         payment plan for any outstanding court obligations;
 1104         modifying the manner of calculating a monthly payment
 1105         amount under a payment plan; requiring the clerk to
 1106         establish all terms of a payment plan; conforming
 1107         cross-references; amending s. 28.35, F.S.; conforming
 1108         cross-references and provisions to changes made by the
 1109         act; amending s. 28.36, F.S.; conforming a cross
 1110         reference; requiring the corporation to establish and
 1111         manage a contingency reserve within the Clerks of the
 1112         Court Trust Fund for specified purposes; prescribing
 1113         reporting requirements; specifying circumstances under
 1114         which moneys held in reserve may be used; prescribing
 1115         procedures for the release of such funds; amending s.
 1116         28.37, F.S.; modifying a provision regarding state
 1117         court system funding; defining terms; conforming a
 1118         cross-reference; revising provisions governing the
 1119         transfer of certain funds from the Clerks of the Court
 1120         Trust Fund to the General Revenue Fund by the
 1121         Department of Revenue; amending s. 28.42, F.S.;
 1122         requiring the clerks of court to develop a uniform
 1123         payment plan form by a specified date; prescribing
 1124         requirements for the form; requiring the clerks to use
 1125         such form by a specified date; amending s. 40.29,
 1126         F.S.; requiring the clerks of the court to submit
 1127         requests for reimbursement for jury-related costs to
 1128         the Florida Clerks of Court Operations Corporation
 1129         within specified timeframes; requiring the corporation
 1130         to review such requests for reimbursement; requiring
 1131         the corporation to submit certain information to the
 1132         Justice Administrative Commission; requiring the
 1133         commission to review the information and submit a
 1134         request for payment to the Chief Financial Officer
 1135         under certain circumstances; removing a provision
 1136         authorizing the commission to apportion funds among
 1137         the counties for certain purposes; amending ss.
 1138         45.035, 55.141, 57.082, 197.502, 197.532, 197.542, and
 1139         197.582, F.S.; conforming cross-references; amending
 1140         ss. 318.15, 318.20, and 322.245, F.S.; requiring
 1141         orders and notifications for certain traffic citations
 1142         and suspensions to include information regarding
 1143         payment plans; amending ss. 569.23 and 712.06, F.S.;
 1144         conforming cross-references; amending s. 775.083,
 1145         F.S.; specifying that the clerk of the court of each
 1146         county is responsible for collecting fines, fees,
 1147         service charges, and court costs; requiring a person
 1148         ordered to pay court obligations to contact the clerk
 1149         to arrange for payment; providing effective dates.