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.