Florida Senate - 2025                        COMMITTEE AMENDMENT
       Bill No. SB 538
       
       
       
       
       
       
                                Ì408054"Î408054                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/19/2025           .                                
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       The Appropriations Committee on Criminal and Civil Justice
       (Bradley) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 38 - 82
    4  and insert:
    5         Section 2. Paragraph (i) of subsection (2) of section
    6  28.35, Florida Statutes, is amended to read:
    7         28.35 Florida Clerks of Court Operations Corporation.—
    8         (2) The duties of the corporation shall include the
    9  following:
   10         (i) Annually preparing a budget request which,
   11  notwithstanding the provisions of chapter 216 and in accordance
   12  with s. 216.351, provides the anticipated amount necessary for
   13  reimbursement pursuant to ss. 40.29(6), 741.30(2)(a),
   14  784.046(3)(b), 784.0485(2)(a), and 825.1035(4)(i) s. 40.29(6).
   15  The request for the anticipated reimbursement amount must shall
   16  be submitted in the form and manner prescribed by the Justice
   17  Administrative Commission. Such request is not subject to change
   18  by the Justice Administrative Commission, except for technical
   19  changes necessary to conform to the legislative budget
   20  instructions, and must shall be submitted to the Governor for
   21  transmittal to the Legislature.
   22         Section 3. Subsection (3) of section 44.103, Florida
   23  Statutes, is amended to read:
   24         44.103 Court-ordered, nonbinding arbitration.—
   25         (3) Arbitrators shall be selected and compensated in
   26  accordance with rules adopted by the Supreme Court. Arbitrators
   27  shall be compensated by the parties, or, upon a finding by the
   28  court that a party is indigent, an arbitrator may be partially
   29  or fully compensated from state funds according to the party’s
   30  present ability to pay. At no time may an arbitrator charge more
   31  than $1,500 per diem, unless the parties agree otherwise. Prior
   32  to approving the use of state funds to reimburse an arbitrator,
   33  the court must ensure that the party reimburses the portion of
   34  the total cost that the party is immediately able to pay and
   35  that the party has agreed to a payment plan established by the
   36  clerk of the court that will fully reimburse the state for the
   37  balance of all state costs for both the arbitrator and any costs
   38  of administering the payment plan and any collection efforts
   39  that may be necessary in the future. Whenever possible,
   40  qualified individuals who have volunteered their time to serve
   41  as arbitrators shall be appointed. If an arbitration program is
   42  funded pursuant to s. 44.108, volunteer arbitrators are shall be
   43  entitled to be reimbursed pursuant to s. 112.061 for all actual
   44  expenses necessitated by service as an arbitrator.
   45         Section 4. Subsection (1) of section 92.50, Florida
   46  Statutes, is amended to read:
   47         92.50 Oaths, affidavits, and acknowledgments; who may take
   48  or administer; requirements.—
   49         (1) IN THIS STATE.—Oaths, affidavits, and acknowledgments
   50  required or authorized under the laws of this state (except
   51  oaths to jurors and witnesses in court and such other oaths,
   52  affidavits and acknowledgments as are required by law to be
   53  taken or administered by or before particular officers) may be
   54  taken or administered by or before any judge, clerk, or deputy
   55  clerk of any court of record within this state, including
   56  federal courts, or by or before any United States commissioner
   57  or any notary public within this state. The jurat, or
   58  certificate of proof or acknowledgment, shall be authenticated
   59  by the signature and official seal of such officer or person
   60  taking or administering the same; however, when taken or
   61  administered by or before any judge, clerk, or deputy clerk of a
   62  court of record, the seal of such court may be affixed as the
   63  seal of such officer or person. The jurat, or certificate of
   64  proof or acknowledgment, may also be authenticated by a judge by
   65  affixing his or her signature and printing his or her name,
   66  title, and court.
   67         Section 5. Paragraph (a) of subsection (2) of section
   68  741.30, Florida Statutes, is amended to read:
   69         741.30 Domestic violence; injunction; powers and duties of
   70  court and clerk; petition; notice and hearing; temporary
   71  injunction; issuance of injunction; statewide verification
   72  system; enforcement; public records exemption.—
   73         (2)(a) Notwithstanding any other law, the assessment of a
   74  filing fee for a petition for protection against domestic
   75  violence is prohibited. However, subject to legislative
   76  appropriation, the clerk of the circuit court may, on a
   77  quarterly basis, submit to the Justice Administrative Commission
   78  Office of the State Courts Administrator a certified request for
   79  reimbursement for petitions for protection against domestic
   80  violence issued by the court, at the rate of $40 per petition.
   81  The request for reimbursement must be submitted in the form and
   82  manner prescribed by the Justice Administrative Commission
   83  Office of the State Courts Administrator. From this
   84  reimbursement, the clerk shall pay any law enforcement agency
   85  serving the injunction the fee requested by the law enforcement
   86  agency; however, this fee may not exceed $20.
   87         Section 6. Paragraph (b) of subsection (3) of section
   88  784.046, Florida Statutes, is amended to read:
   89         784.046 Action by victim of repeat violence, sexual
   90  violence, or dating violence for protective injunction; dating
   91  violence investigations, notice to victims, and reporting;
   92  pretrial release violations; public records exemption.—
   93         (3)
   94         (b) Notwithstanding any other law, the clerk of the court
   95  may not assess a fee for filing a petition for protection
   96  against repeat violence, sexual violence, or dating violence.
   97  However, subject to legislative appropriation, the clerk of the
   98  court may, each quarter, submit to the Justice Administrative
   99  Commission Office of the State Courts Administrator a certified
  100  request for reimbursement for petitions for protection issued by
  101  the court under this section at the rate of $40 per petition.
  102  The request for reimbursement must shall be submitted in the
  103  form and manner prescribed by the Justice Administrative
  104  Commission Office of the State Courts Administrator. From this
  105  reimbursement, the clerk shall pay the law enforcement agency
  106  serving the injunction the fee requested by the law enforcement
  107  agency; however, this fee may not exceed $20.
  108         Section 7. Paragraph (a) of subsection (2) of section
  109  784.0485, Florida Statutes, is amended to read:
  110         784.0485 Stalking; injunction; powers and duties of court
  111  and clerk; petition; notice and hearing; temporary injunction;
  112  issuance of injunction; statewide verification system;
  113  enforcement.—
  114         (2)(a) Notwithstanding any other law, the clerk of court
  115  may not assess a filing fee to file a petition for protection
  116  against stalking. However, subject to legislative appropriation,
  117  the clerk of the circuit court may, on a quarterly basis, submit
  118  to the Justice Administrative Commission Office of the State
  119  Courts Administrator a certified request for reimbursement for
  120  petitions for protection against stalking issued by the court,
  121  at the rate of $40 per petition. The request for reimbursement
  122  must shall be submitted in the form and manner prescribed by the
  123  Justice Administrative Commission Office of the State Courts
  124  Administrator. From this reimbursement, the clerk shall pay any
  125  law enforcement agency serving the injunction the fee requested
  126  by the law enforcement agency; however, this fee may not exceed
  127  $20.
  128         Section 8. Paragraph (i) of subsection (4) of section
  129  825.1035, Florida Statutes, is amended to read:
  130         825.1035 Injunction for protection against exploitation of
  131  a vulnerable adult.—
  132         (4) CLERK’S DUTIES, RESPONSIBILITIES, AND CHARGES.—
  133         (i) Notwithstanding any other provision of law, the clerk
  134  of the circuit court may not assess an initial filing fee or
  135  service charge for petitions filed under this section. However,
  136  subject to legislative appropriation, the clerk of the circuit
  137  court may, on a quarterly basis, submit a certified request for
  138  reimbursement to the Justice Administrative Commission Office of
  139  the State Courts Administrator for the processing of such
  140  petitions, at the rate of $40 per petition. The request for
  141  reimbursement must be submitted in the form and manner
  142  prescribed by the Justice Administrative Commission office. From
  143  each reimbursement received, the clerk of the circuit court
  144  shall pay any law enforcement agency serving the injunction for
  145  protection against exploitation of a vulnerable adult the fee
  146  requested by the law enforcement agency, to not exceed $20.
  147  
  148  ================= T I T L E  A M E N D M E N T ================
  149  And the title is amended as follows:
  150         Delete lines 6 - 12
  151  and insert:
  152         amending s. 28.35, F.S.; revising the duty of the
  153         Florida Clerks of Court Operations Corporation to
  154         provide an annual budget request to be pursuant to
  155         specified provisions; amending s. 44.103, F.S.;
  156         deleting the per diem cap for arbitrators who
  157         participate in court-ordered, nonbinding arbitration;
  158         amending s. 92.50, F.S.; authorizing judges to
  159         authenticate a jurat, or certificate of proof or
  160         acknowledgment, by affixing their signature and
  161         printing their name, title, and court; amending ss.
  162         741.30, 784.046, 784.0485, and 825.1035, F.S.;
  163         authorizing clerks of the court to submit to the
  164         Justice Administrative Commission, rather than the
  165         Office of the State Courts Administrator, certified
  166         requests for reimbursements for the filing of certain
  167         petitions; requiring that requests be submitted in the
  168         form and manner prescribed by the Justice
  169         Administrative Commission; reenacting ss.
  170         28.2221(6)(b), 92.525(1),