Florida Senate - 2024                                     SB 950
       By Senator Stewart
       17-00934A-24                                           2024950__
    1                        A bill to be entitled                      
    2         An act relating to funding court technology; amending
    3         s. 28.35, F.S.; authorizing clerks of court to fund
    4         improvements to court technology from filing fees,
    5         service charges, court costs, and fines; amending s.
    6         318.18, F.S.; revising the distribution of a civil
    7         penalty; providing an effective date.
    9  Be It Enacted by the Legislature of the State of Florida:
   11         Section 1. Paragraph (a) of subsection (3) of section
   12  28.35, Florida Statutes, is amended to read:
   13         28.35 Florida Clerks of Court Operations Corporation.—
   14         (3)(a) The list of court-related functions that clerks may
   15  fund from filing fees, service charges, court costs, and fines
   16  is limited to those functions expressly authorized by law or
   17  court rule. Those functions include the following: case
   18  maintenance; records management; court preparation and
   19  attendance; processing the assignment, reopening, and
   20  reassignment of cases; processing of appeals; collection and
   21  distribution of fines, fees, service charges, and court costs;
   22  processing of bond forfeiture payments; data collection and
   23  reporting; determinations of indigent status; improving court
   24  technology; and paying reasonable administrative support costs
   25  to enable the clerk of the court to carry out these court
   26  related functions.
   27         Section 2. Paragraph (a) of subsection (8) and subsection
   28  (18) of section 318.18, Florida Statutes, are amended to read:
   29         318.18 Amount of penalties.—The penalties required for a
   30  noncriminal disposition pursuant to s. 318.14 or a criminal
   31  offense listed in s. 318.17 are as follows:
   32         (8)(a) Any person who fails to comply with the court’s
   33  requirements or who fails to pay the civil penalties specified
   34  in this section within the 30-day period provided for in s.
   35  318.14 must pay an additional civil penalty of $16, $1.50 $6.50
   36  of which must be remitted to the Department of Revenue for
   37  deposit in the General Revenue Fund, and $9.50 of which must be
   38  remitted to the Department of Revenue for deposit in the Highway
   39  Safety Operating Trust Fund, and $5.00 shall be retained by the
   40  clerk to be deposited in the Public Records Modernization Trust
   41  Fund and used exclusively for funding court-related technology
   42  needs of the clerk as described in s. 29.008(1)(f)2. and (h). Of
   43  this additional civil penalty of $16, $4 is not revenue for
   44  purposes of s. 28.36 and may not be used in establishing the
   45  budget of the clerk of the court under that section or s. 28.35.
   46  The department shall contract with the Florida Association of
   47  Court Clerks, Inc., to design, establish, operate, upgrade, and
   48  maintain an automated statewide Uniform Traffic Citation
   49  Accounting System to be operated by the clerks of the court
   50  which shall include, but not be limited to, the accounting for
   51  traffic infractions by type, a record of the disposition of the
   52  citations, and an accounting system for the fines assessed and
   53  the subsequent fine amounts paid to the clerks of the court. The
   54  clerks of the court must provide the information required by
   55  this chapter to be transmitted to the department by electronic
   56  transmission pursuant to the contract.
   57         (18) In addition to any penalties imposed, an
   58  administrative fee of $12.50 must be paid for all noncriminal
   59  moving and nonmoving violations under chapters 316, 320, and
   60  322. Of this $12.50 administrative fee, $6.25 must be deposited
   61  into the Public Records Modernization Trust Fund and used
   62  exclusively for funding court-related technology needs of the
   63  clerk, as defined in s. 29.008(1)(f)2. and (h), and $6.25 must
   64  be deposited into the fine and forfeiture fund established
   65  pursuant to s. 142.01 The clerk shall remit the administrative
   66  fee to the Department of Revenue for deposit into the General
   67  Revenue Fund.
   68         Section 3. This act shall take effect July 1, 2024.