Florida Senate - 2023                                    SB 1130
       
       
        
       By Senator Hutson
       
       
       
       
       
       7-00687A-23                                           20231130__
    1                        A bill to be entitled                      
    2         An act relating to clerks of the court; amending s.
    3         28.101, F.S.; requiring the clerk to deposit a certain
    4         portion of the filing fee for dissolution of marriage
    5         into the fine and forfeiture fund; amending s.
    6         28.2401, F.S.; deleting the requirement that the clerk
    7         remit a portion of a certain filing fee in probate
    8         matters to the Department of Revenue for deposit into
    9         the General Revenue Fund; amending s. 28.241, F.S.;
   10         deleting the requirement that the clerk submit
   11         portions of filing fees collected in excess of the
   12         clerk’s total monthly budget for deposit into the
   13         Clerks of the Court Trust Fund; revising the portions
   14         of certain filing fees the clerk must remit to the
   15         department for deposit into the General Revenue Fund;
   16         requiring the clerk to deposit the service charge for
   17         an original or certified or electronic copy of a
   18         summons into the fine and forfeiture fund; amending s.
   19         28.35, F.S.; requiring the Florida Clerks of Court
   20         Operations Corporation to annually prepare a budget
   21         request to fund increases in employer contributions to
   22         the Florida Retirement System for court-related
   23         employees; requiring that the request conform to the
   24         form and manner prescribed by the Justice
   25         Administrative Commission; authorizing the commission
   26         to make technical changes under specified
   27         circumstances; requiring that the request be submitted
   28         to the Governor for transmittal to the Legislature;
   29         conforming a provision to changes made by the act;
   30         amending s. 28.37, F.S.; revising the portion of all
   31         fines, fees, service charges, and costs collected by
   32         the clerk which must be remitted to the Department of
   33         Revenue for deposit into the Clerks of Court Trust
   34         Fund; requiring the clerk of the court to submit such
   35         revenues quarterly rather than monthly; amending s.
   36         34.041, F.S.; requiring the court to deposit the
   37         filing fee associated with certain pleadings in civil
   38         actions into the fine and forfeiture fund under
   39         specified circumstances; amending s. 40.29, F.S.;
   40         revising the petitions and orders for which a clerk
   41         may request the reimbursement of filing fees from the
   42         Justice Administrative Commission; requiring the clerk
   43         to pay a law enforcement agency serving an injunction
   44         a specified fee if the agency requests the payment;
   45         authorizing the clerk to seek reimbursement from the
   46         commission for specified petitions for civil indigent
   47         status, subject to an appropriation; requiring the
   48         Florida Clerks of Court Operations Corporation to
   49         submit to the commission a certified request for
   50         reimbursement for the amount required for each county
   51         to fund the employer contribution rate increases
   52         required by the Florida Retirement System for
   53         applicable court-related employees, subject to an
   54         appropriation; amending s. 318.18, F.S.; revising the
   55         portions of a civil penalty the clerk must remit to
   56         the department to deposit into the General Revenue
   57         Fund; requiring the clerk to retain a portion of the
   58         civil penalty to be deposited into the Public Records
   59         Modernization Trust Fund for a specified purpose;
   60         deleting a prohibition against using a specified
   61         assessment for all noncriminal moving and nonmoving
   62         violations as revenue to establish the budget of the
   63         clerk; amending s. 741.30, F.S.; deleting a provision
   64         authorizing the clerk of the circuit court to request
   65         reimbursement for filing fees for petitions for
   66         protection against domestic violence; amending s.
   67         784.046, F.S.; deleting a provision authorizing the
   68         clerk of the circuit court to request reimbursement
   69         for filing fees for petitions for protection against
   70         repeat violence, sexual violence, or dating violence;
   71         amending s. 784.0485, F.S.; deleting a provision
   72         authorizing the clerk of the circuit court to request
   73         reimbursement for filing fees for petitions for
   74         protection against stalking; providing an effective
   75         date.
   76          
   77  Be It Enacted by the Legislature of the State of Florida:
   78  
   79         Section 1. Paragraph (c) of subsection (1) of section
   80  28.101, Florida Statutes, is amended to read:
   81         28.101 Petitions and records of dissolution of marriage;
   82  additional charges.—
   83         (1) When a party petitions for a dissolution of marriage,
   84  in addition to the filing charges in s. 28.241, the clerk shall
   85  collect and receive:
   86         (c) A charge of $37.50. On a monthly basis, The clerk shall
   87  deposit transfer the moneys collected pursuant to this paragraph
   88  into the fine and forfeiture fund established by s. 142.01 to
   89  the Department of Revenue for deposit in the General Revenue
   90  Fund.
   91         Section 2. Subsection (1) of section 28.2401, Florida
   92  Statutes, is amended to read:
   93         28.2401 Service charges and filing fees in probate
   94  matters.—
   95         (1) Except when otherwise provided, the clerk may impose
   96  service charges or filing fees for the following services or
   97  filings, not to exceed the following amounts:
   98         (a) Fee for the opening of any estate of one document or
   99  more, including, but not limited to, petitions and orders to
  100  approve settlement of minor’s claims; to open a safe-deposit
  101  box; to enter rooms and places; for the determination of heirs,
  102  if not formal administration; and for a foreign guardian to
  103  manage property of a nonresident; but not to include issuance of
  104  letters or order of summary administration..................$230
  105         (b) Charge for caveat.................................$40
  106         (c) Fee for petition and order to admit foreign wills,
  107  authenticated copies, exemplified copies, or transcript to
  108  record......................................................$230
  109         (d) Fee for disposition of personal property without
  110  administration..............................................$230
  111         (e) Fee for summary administration—estates valued at $1,000
  112  or more.....................................................$340
  113         (f) Fee for summary administration—estates valued at less
  114  than $1,000.................................................$230
  115         (g) Fee for formal administration, guardianship, ancillary,
  116  curatorship, or conservatorship proceedings.................$395
  117         (h) Fee for guardianship proceedings of person only..$230
  118         (i) Fee for veterans’ guardianship pursuant to chapter
  119  744.........................................................$230
  120         (j) Charge for exemplified certificates................$7
  121         (k) Fee for petition for determination of incompetency$230
  122  
  123  The clerk shall remit $115 of each filing fee collected under
  124  paragraphs (a), (c)-(i), and (k) to the Department of Revenue
  125  for deposit into the State Courts Revenue Trust Fund and shall
  126  remit $15 of each filing fee collected under paragraphs (a),
  127  (c), (d), (f), (h), (i), and (k), $1 of each filing fee
  128  collected under paragraph (j), $5 of each filing fee collected
  129  under paragraph (b), $25 of each filing fee collected under
  130  paragraph (e), and $30 of each filing fee collected under
  131  paragraph (g) to the Department of Revenue for deposit into the
  132  General Revenue Fund.
  133         Section 3. Paragraphs (a) and (d) of subsection (1) of
  134  section 28.241, Florida Statutes, are amended to read:
  135         28.241 Filing fees for trial and appellate proceedings.—
  136         (1) Filing fees are due at the time a party files a
  137  pleading to initiate a proceeding or files a pleading for
  138  relief. Reopen fees are due at the time a party files a pleading
  139  to reopen a proceeding if at least 90 days have elapsed since
  140  the filing of a final order or final judgment with the clerk. If
  141  a fee is not paid upon the filing of the pleading as required
  142  under this section, the clerk shall pursue collection of the fee
  143  pursuant to s. 28.246.
  144         (a)1.a. Except as provided in sub-subparagraph b. and
  145  subparagraph 2., the party instituting any civil action, suit,
  146  or proceeding in the circuit court shall pay to the clerk of
  147  that court a filing fee of up to $395 in all cases in which
  148  there are not more than five defendants and an additional filing
  149  fee of up to $2.50, from which the clerk shall remit $0.50 to
  150  the Department of Revenue for deposit into the General Revenue
  151  Fund, for each defendant in excess of five. Of the first $200 in
  152  filing fees, $195 must be remitted to the Department of Revenue
  153  for deposit into the State Courts Revenue Trust Fund, $4 must be
  154  remitted to the Department of Revenue for deposit into the
  155  Administrative Trust Fund within the Department of Financial
  156  Services and used to fund the contract with the Florida Clerks
  157  of Court Operations Corporation created in s. 28.35, and $1 must
  158  be remitted to the Department of Revenue for deposit into the
  159  Administrative Trust Fund within the Department of Financial
  160  Services to fund audits of individual clerks’ court-related
  161  expenditures conducted by the Department of Financial Services.
  162  By the 10th of each month, the clerk shall submit that portion
  163  of the filing fees collected in the previous month which is in
  164  excess of one-twelfth of the clerk’s total budget to the
  165  Department of Revenue for deposit into the Clerks of the Court
  166  Trust Fund.
  167         b. The party instituting any civil action, suit, or
  168  proceeding in the circuit court under chapter 39, chapter 61,
  169  chapter 741, chapter 742, chapter 747, chapter 752, or chapter
  170  753 shall pay to the clerk of that court a filing fee of up to
  171  $295 in all cases in which there are not more than five
  172  defendants and an additional filing fee of up to $2.50 for each
  173  defendant in excess of five. Of the first $100 in filing fees,
  174  $95 must be remitted to the Department of Revenue for deposit
  175  into the State Courts Revenue Trust Fund, $4 must be remitted to
  176  the Department of Revenue for deposit into the Administrative
  177  Trust Fund within the Department of Financial Services and used
  178  to fund the contract with the Florida Clerks of Court Operations
  179  Corporation created in s. 28.35, and $1 must be remitted to the
  180  Department of Revenue for deposit into the Administrative Trust
  181  Fund within the Department of Financial Services to fund audits
  182  of individual clerks’ court-related expenditures conducted by
  183  the Department of Financial Services.
  184         c. An additional filing fee of $4 shall be paid to the
  185  clerk. The clerk shall remit $3.50 to the Department of Revenue
  186  for deposit into the Court Education Trust Fund and shall remit
  187  50 cents to the Department of Revenue for deposit into the
  188  Administrative Trust Fund within the Department of Financial
  189  Services to fund clerk education provided by the Florida Clerks
  190  of Court Operations Corporation. An additional filing fee of up
  191  to $18 shall be paid by the party seeking each severance that is
  192  granted, from which the clerk shall remit $3 to the Department
  193  of Revenue for deposit into the General Revenue Fund. The clerk
  194  may impose an additional filing fee of up to $85, from which the
  195  clerk shall remit $10 to the Department of Revenue for deposit
  196  into the General Revenue Fund, for all proceedings of
  197  garnishment, attachment, replevin, and distress. Postal charges
  198  incurred by the clerk of the circuit court in making service by
  199  certified or registered mail on defendants or other parties
  200  shall be paid by the party at whose instance service is made.
  201  Additional fees, charges, or costs may not be added to the
  202  filing fees imposed under this section, except as authorized in
  203  this section or by general law.
  204         2.a. Notwithstanding the fees prescribed in subparagraph
  205  1., a party instituting a civil action in circuit court relating
  206  to real property or mortgage foreclosure shall pay a graduated
  207  filing fee based on the value of the claim.
  208         b. A party shall estimate in writing the amount in
  209  controversy of the claim upon filing the action. For purposes of
  210  this subparagraph, the value of a mortgage foreclosure action is
  211  based upon the principal due on the note secured by the
  212  mortgage, plus interest owed on the note and any moneys advanced
  213  by the lender for property taxes, insurance, and other advances
  214  secured by the mortgage, at the time of filing the foreclosure.
  215  The value shall also include the value of any tax certificates
  216  related to the property. In stating the value of a mortgage
  217  foreclosure claim, a party shall declare in writing the total
  218  value of the claim, as well as the individual elements of the
  219  value as prescribed in this sub-subparagraph.
  220         c. In its order providing for the final disposition of the
  221  matter, the court shall identify the actual value of the claim.
  222  The clerk shall adjust the filing fee if there is a difference
  223  between the estimated amount in controversy and the actual value
  224  of the claim and collect any additional filing fee owed or
  225  provide a refund of excess filing fee paid.
  226         d. The party shall pay a filing fee of:
  227         (I) Three hundred and ninety-five dollars in all cases in
  228  which the value of the claim is $50,000 or less and in which
  229  there are not more than five defendants. The party shall pay an
  230  additional filing fee of up to $2.50 for each defendant in
  231  excess of five. Of the first $200 in filing fees, $195 must be
  232  remitted by the clerk to the Department of Revenue for deposit
  233  into the General Revenue Fund, $4 must be remitted to the
  234  Department of Revenue for deposit into the Administrative Trust
  235  Fund within the Department of Financial Services and used to
  236  fund the contract with the Florida Clerks of Court Operations
  237  Corporation created in s. 28.35, and $1 must be remitted to the
  238  Department of Revenue for deposit into the Administrative Trust
  239  Fund within the Department of Financial Services to fund audits
  240  of individual clerks’ court-related expenditures conducted by
  241  the Department of Financial Services;
  242         (II) Nine hundred dollars in all cases in which the value
  243  of the claim is more than $50,000 but less than $250,000 and in
  244  which there are not more than five defendants. The party shall
  245  pay an additional filing fee of up to $2.50 for each defendant
  246  in excess of five. Of the first $355 $705 in filing fees, $350
  247  $700 must be remitted by the clerk to the Department of Revenue
  248  for deposit into the General Revenue Fund, except that the first
  249  $1.5 million in such filing fees remitted to the Department of
  250  Revenue and deposited into the General Revenue Fund in fiscal
  251  year 2018-2019 shall be distributed to the Miami-Dade County
  252  Clerk of Court; $4 must be remitted to the Department of Revenue
  253  for deposit into the Administrative Trust Fund within the
  254  Department of Financial Services and used to fund the contract
  255  with the Florida Clerks of Court Operations Corporation created
  256  in s. 28.35; and $1 must be remitted to the Department of
  257  Revenue for deposit into the Administrative Trust Fund within
  258  the Department of Financial Services to fund audits of
  259  individual clerks’ court-related expenditures conducted by the
  260  Department of Financial Services; or
  261         (III) One thousand nine hundred dollars in all cases in
  262  which the value of the claim is $250,000 or more and in which
  263  there are not more than five defendants. The party shall pay an
  264  additional filing fee of up to $2.50 for each defendant in
  265  excess of five. Of the first $1,240 $1,705 in filing fees, $465
  266  $930 must be remitted by the clerk to the Department of Revenue
  267  for deposit into the General Revenue Fund, $770 must be remitted
  268  to the Department of Revenue for deposit into the State Courts
  269  Revenue Trust Fund, $4 must be remitted to the Department of
  270  Revenue for deposit into the Administrative Trust Fund within
  271  the Department of Financial Services to fund the contract with
  272  the Florida Clerks of Court Operations Corporation created in s.
  273  28.35, and $1 must be remitted to the Department of Revenue for
  274  deposit into the Administrative Trust Fund within the Department
  275  of Financial Services to fund audits of individual clerks’
  276  court-related expenditures conducted by the Department of
  277  Financial Services.
  278         e. An additional filing fee of $4 shall be paid to the
  279  clerk. The clerk shall remit $3.50 to the Department of Revenue
  280  for deposit into the Court Education Trust Fund and shall remit
  281  50 cents to the Department of Revenue for deposit into the
  282  Administrative Trust Fund within the Department of Financial
  283  Services to fund clerk education provided by the Florida Clerks
  284  of Court Operations Corporation. An additional filing fee of up
  285  to $18 shall be paid by the party seeking each severance that is
  286  granted. The clerk may impose an additional filing fee of up to
  287  $85 for all proceedings of garnishment, attachment, replevin,
  288  and distress. Postal charges incurred by the clerk of the
  289  circuit court in making service by certified or registered mail
  290  on defendants or other parties shall be paid by the party at
  291  whose instance service is made. Additional fees, charges, or
  292  costs may not be added to the filing fees imposed under this
  293  section, except as authorized in this section or by general law.
  294         (d) The clerk of court shall collect a service charge of
  295  $10 for issuing an original, a certified copy, or an electronic
  296  certified copy of a summons, which the clerk shall deposit into
  297  the fine and forfeiture fund established pursuant to s. 142.01
  298  shall remit to the Department of Revenue for deposit into the
  299  General Revenue Fund. The clerk shall assess the fee against the
  300  party seeking to have the summons issued.
  301         Section 4. Paragraph (i) of subsection (2) of section
  302  28.35, Florida Statutes, is amended, and paragraph (j) is added
  303  to that subsection, to read:
  304         28.35 Florida Clerks of Court Operations Corporation.—
  305         (2) The duties of the corporation shall include the
  306  following:
  307         (i) Annually preparing a budget request that which,
  308  notwithstanding the provisions of chapter 216 and in accordance
  309  with s. 216.351, provides the anticipated amount necessary for
  310  reimbursement pursuant to s. 40.29(6) and (7). The request for
  311  the anticipated reimbursement amount must shall be submitted in
  312  the form and manner prescribed by the Justice Administrative
  313  Commission. Such request is not subject to change by the Justice
  314  Administrative Commission, except for technical changes
  315  necessary to conform to the legislative budget instructions, and
  316  must shall be submitted to the Governor for transmittal to the
  317  Legislature.
  318         (j) Annually preparing a budget request that,
  319  notwithstanding the provisions of chapter 216 and in accordance
  320  with s. 216.351, provides the anticipated amount necessary to
  321  fund increases in employer contribution rates pursuant to ss.
  322  121.71 and 121.72 for court-related employees participating in
  323  the Florida Retirement System. The request for the anticipated
  324  appropriation must be submitted in the form and manner
  325  prescribed by the Justice Administrative Commission. The request
  326  is not subject to change by the Justice Administrative
  327  Commission, except for technical changes necessary to conform to
  328  the legislative budget instruction, and must be submitted to the
  329  Governor for transmittal to the Legislature.
  330         Section 5. Subsection (3) of section 28.37, Florida
  331  Statutes, is amended to read:
  332         28.37 Fines, fees, service charges, and costs remitted to
  333  the state.—
  334         (3) The portion of all fines, fees, service charges, and
  335  costs collected by the clerks of the court for the previous
  336  quarter month which is in excess of one-fourth one-twelfth of
  337  the clerks’ total budget for the performance of court-related
  338  functions must be remitted to the Department of Revenue for
  339  deposit into the Clerks of the Court Trust Fund. Such
  340  collections do not include funding received for the operation of
  341  the Title IV-D child support collections and disbursement
  342  program. The clerk of the court shall remit the revenues
  343  collected during the previous quarter month due to the state on
  344  or before the 10th day of the month after each quarterly
  345  calculation each month.
  346         Section 6. Paragraph (c) of subsection (1) of section
  347  34.041, Florida Statutes, is amended to read:
  348         34.041 Filing fees.—
  349         (1)
  350         (c) A party in addition to a party described in paragraph
  351  (a) who files a pleading in an original civil action in the
  352  county court for affirmative relief by cross-claim,
  353  counterclaim, counterpetition, or third-party complaint, or who
  354  files a notice of cross-appeal or notice of joinder or motion to
  355  intervene as an appellant, cross-appellant, or petitioner, shall
  356  pay the clerk of court a fee of $295 if the relief sought by the
  357  party under this paragraph exceeds $2,500 but is not more than
  358  $15,000 and $395 if the relief sought by the party under this
  359  paragraph exceeds $15,000. The clerk shall deposit remit the fee
  360  if the relief sought by the party under this paragraph exceeds
  361  $2,500 but is not more than $15,000 to the Department of Revenue
  362  for deposit into the fine and forfeiture fund established
  363  pursuant to s. 142.01 General Revenue Fund. This fee does not
  364  apply if the cross-claim, counterclaim, counterpetition, or
  365  third-party complaint requires transfer of the case from county
  366  to circuit court. However, the party shall pay to the clerk the
  367  standard filing fee for the court to which the case is to be
  368  transferred.
  369         Section 7. Section 40.29, Florida Statutes, is amended to
  370  read:
  371         40.29 Payment of due-process costs; reimbursement for
  372  petitions and orders; waived civil filing fees for indigency;
  373  payment of Florida Retirement System costs for court-related
  374  employees.—
  375         (1) Each clerk of the circuit court, on behalf of the state
  376  attorney, private court-appointed counsel, the public defender,
  377  and the criminal conflict and civil regional counsel, shall
  378  forward to the Justice Administrative Commission, by county, a
  379  quarterly estimate of funds necessary to pay for ordinary
  380  witnesses, including, but not limited to, witnesses in civil
  381  traffic cases and witnesses of the state attorney, the public
  382  defender, criminal conflict and civil regional counsel, private
  383  court-appointed counsel, and persons determined to be indigent
  384  for costs. Each quarter of the state fiscal year, the
  385  commission, based upon the estimates, shall advance funds to
  386  each clerk to pay for these ordinary witnesses from state funds
  387  specifically appropriated for the payment of ordinary witnesses.
  388         (2) Upon receipt of an estimate pursuant to subsection (1),
  389  the Justice Administrative Commission shall endorse the amount
  390  deemed necessary for payment by the clerk of the court during
  391  the quarterly fiscal period and shall submit a request for
  392  payment to the Chief Financial Officer.
  393         (3) Upon receipt of the funds from the Chief Financial
  394  Officer, the clerk of the court shall pay all invoices approved
  395  and submitted by the state attorney, the public defender,
  396  criminal conflict and civil regional counsel, and private court
  397  appointed counsel for the items enumerated in subsection (1).
  398         (4) After review for compliance with applicable rates and
  399  requirements, the Justice Administrative Commission shall pay
  400  all due process service related invoices, except those
  401  enumerated in subsection (1), approved and submitted by the
  402  state attorney, the public defender, criminal conflict and civil
  403  regional counsel, or private court-appointed counsel in
  404  accordance with the applicable requirements of ss. 29.005
  405  29.007.
  406         (5) The Justice Administrative Commission shall reimburse
  407  funds to the clerks of the court to compensate jurors, to pay
  408  for meals or lodging provided to jurors, and to pay for jury
  409  related personnel costs as provided in this section. Each clerk
  410  of the court must submit a request for reimbursement to the
  411  Florida Clerks of Court Operations Corporation within 20 days
  412  after each quarter attesting to the clerk’s actual costs to
  413  compensate jurors, to pay for meals or lodging provided to
  414  jurors, and to pay for jury-related personnel costs. The Florida
  415  Clerks of Court Operations Corporation must review the request
  416  for reimbursement to ensure that the costs are reasonably and
  417  directly related to jury management. The Florida Clerks of Court
  418  Operations Corporation must forward to the Justice
  419  Administrative Commission the amount necessary to reimburse each
  420  clerk of the court for its personnel and other costs related to
  421  jury management unless the total request for reimbursement by
  422  the clerks exceeds the quarterly funds available to the Justice
  423  Administrative Commission, in which case the Florida Clerks of
  424  Court Operations Corporation shall adjust the cumulative total
  425  to match the available funds before submitting the request to
  426  the Justice Administrative Commission. Upon receipt of each
  427  request for reimbursement, the Justice Administrative Commission
  428  must review the amount deemed necessary for payment to the
  429  clerks of the court for the most recently completed quarter,
  430  determine if the total payment amount is available, and submit a
  431  request for payment to the Chief Financial Officer. The clerks
  432  of the court are responsible for any compensation to jurors, for
  433  payments for meals or lodging provided to jurors, and for jury
  434  related personnel costs that exceed the funding provided in the
  435  General Appropriations Act for these purposes.
  436         (6) Subject to legislative appropriation, the clerk of the
  437  circuit court may, on a quarterly basis, submit to the Justice
  438  Administrative Commission a certified request for reimbursement
  439  for petitions and orders filed under ss. 394.459, 394.463,
  440  394.467, 394.917, and 397.6814, at the rate of $40 per petition
  441  or order and, for petitions and orders filed under ss. 741.30,
  442  784.046, and 784.0485, the clerk may, on a quarterly basis,
  443  submit a request for reimbursement at the rate of $60 per
  444  petition or order. From this reimbursement, the clerk shall pay
  445  any law enforcement agency serving the injunction a fee of up
  446  to, but not exceeding, $20, if so requested by the law
  447  enforcement agency. Such request for reimbursement must shall be
  448  submitted in the form and manner prescribed by the Justice
  449  Administrative Commission pursuant to s. 28.35(2)(i).
  450         (7)Subject to legislative appropriation, the clerk of the
  451  circuit court may, on a quarterly basis, submit to the Justice
  452  Administrative Commission a certified request for reimbursement
  453  for approved applications for civil indigent status pursuant to
  454  s. 57.082, in which the filing fee for civil indigent status has
  455  been waived, at the rate of $195 per approved application. Such
  456  request for reimbursement must be submitted in the form and
  457  manner prescribed by the Justice Administrative Commission
  458  pursuant to s. 28.35(2)(i).
  459         (8)Subject to legislative appropriation, the Florida
  460  Clerks of Court Operations Corporation shall submit to the
  461  Justice Administrative Commission a certified request for
  462  reimbursement for the amounts required by each county to fund
  463  the employer contribution rate increases required by the Florida
  464  Retirement System for any applicable court-related employees.
  465         Section 8. Paragraph (a) of subsection (8) and subsection
  466  (19) of section 318.18, Florida Statutes, are amended to read:
  467         318.18 Amount of penalties.—The penalties required for a
  468  noncriminal disposition pursuant to s. 318.14 or a criminal
  469  offense listed in s. 318.17 are as follows:
  470         (8)(a) Any person who fails to comply with the court’s
  471  requirements or who fails to pay the civil penalties specified
  472  in this section within the 30-day period provided for in s.
  473  318.14 must pay an additional civil penalty of $16, $1.50 $6.50
  474  of which must be remitted to the Department of Revenue for
  475  deposit in the General Revenue Fund, and $9.50 of which must be
  476  remitted to the Department of Revenue for deposit in the Highway
  477  Safety Operating Trust Fund, and $5 of which must be retained by
  478  the clerk to be deposited in the Public Records Modernization
  479  Trust Fund and used exclusively for funding court-related
  480  technology needs of the clerk as described in s. 29.008(1)(f)2.
  481  and (h). Of this additional civil penalty of $16, $4 is not
  482  revenue for purposes of s. 28.36 and may not be used in
  483  establishing the budget of the clerk of the court under that
  484  section or s. 28.35. The department shall contract with the
  485  Florida Association of Court Clerks, Inc., to design, establish,
  486  operate, upgrade, and maintain an automated statewide Uniform
  487  Traffic Citation Accounting System to be operated by the clerks
  488  of the court which shall include, but not be limited to, the
  489  accounting for traffic infractions by type, a record of the
  490  disposition of the citations, and an accounting system for the
  491  fines assessed and the subsequent fine amounts paid to the
  492  clerks of the court. The clerks of the court must provide the
  493  information required by this chapter to be transmitted to the
  494  department by electronic transmission pursuant to the contract.
  495         (19) In addition to any penalties imposed, an Article V
  496  assessment of $10 must be paid for all noncriminal moving and
  497  nonmoving violations under chapters 316, 320, and 322. The
  498  assessment is not revenue for purposes of s. 28.36 and may not
  499  be used in establishing the budget of the clerk of the court
  500  under that section or s. 28.35. Of the funds collected under
  501  this subsection:
  502         (a) The sum of $5 shall be deposited in the State Courts
  503  Revenue Trust Fund for use by the state courts system;
  504         (b) The sum of $3.33 shall be deposited in the State
  505  Attorneys Revenue Trust Fund for use by the state attorneys; and
  506         (c) The sum of $1.67 shall be deposited in the Indigent
  507  Criminal Defense Trust Fund for use by the public defenders.
  508         Section 9. Paragraph (a) of subsection (2) of section
  509  741.30, Florida Statutes, is amended to read:
  510         741.30 Domestic violence; injunction; powers and duties of
  511  court and clerk; petition; notice and hearing; temporary
  512  injunction; issuance of injunction; statewide verification
  513  system; enforcement; public records exemption.—
  514         (2)(a) Notwithstanding any other law, the assessment of a
  515  filing fee for a petition for protection against domestic
  516  violence is prohibited. However, subject to legislative
  517  appropriation, the clerk of the circuit court may, on a
  518  quarterly basis, submit to the Office of the State Courts
  519  Administrator a certified request for reimbursement for
  520  petitions for protection against domestic violence issued by the
  521  court, at the rate of $40 per petition. The request for
  522  reimbursement must be submitted in the form and manner
  523  prescribed by the Office of the State Courts Administrator. From
  524  this reimbursement, the clerk shall pay any law enforcement
  525  agency serving the injunction the fee requested by the law
  526  enforcement agency; however, this fee may not exceed $20.
  527         Section 10. Paragraph (b) of subsection (3) of section
  528  784.046, Florida Statutes, is amended to read:
  529         784.046 Action by victim of repeat violence, sexual
  530  violence, or dating violence for protective injunction; dating
  531  violence investigations, notice to victims, and reporting;
  532  pretrial release violations; public records exemption.—
  533         (3)
  534         (b) Notwithstanding any other law, the clerk of the court
  535  may not assess a fee for filing a petition for protection
  536  against repeat violence, sexual violence, or dating violence.
  537  However, subject to legislative appropriation, the clerk of the
  538  court may, each quarter, submit to the Office of the State
  539  Courts Administrator a certified request for reimbursement for
  540  petitions for protection issued by the court under this section
  541  at the rate of $40 per petition. The request for reimbursement
  542  shall be submitted in the form and manner prescribed by the
  543  Office of the State Courts Administrator. From this
  544  reimbursement, the clerk shall pay the law enforcement agency
  545  serving the injunction the fee requested by the law enforcement
  546  agency; however, this fee may not exceed $20.
  547         Section 11. Paragraph (a) of subsection (2) of section
  548  784.0485, Florida Statutes, is amended to read:
  549         784.0485 Stalking; injunction; powers and duties of court
  550  and clerk; petition; notice and hearing; temporary injunction;
  551  issuance of injunction; statewide verification system;
  552  enforcement.—
  553         (2)(a) Notwithstanding any other law, the clerk of court
  554  may not assess a filing fee to file a petition for protection
  555  against stalking. However, subject to legislative appropriation,
  556  the clerk of the circuit court may, on a quarterly basis, submit
  557  to the Office of the State Courts Administrator a certified
  558  request for reimbursement for petitions for protection against
  559  stalking issued by the court, at the rate of $40 per petition.
  560  The request for reimbursement shall be submitted in the form and
  561  manner prescribed by the Office of the State Courts
  562  Administrator. From this reimbursement, the clerk shall pay any
  563  law enforcement agency serving the injunction the fee requested
  564  by the law enforcement agency; however, this fee may not exceed
  565  $20.
  566         Section 12. This act shall take effect July 1, 2023.