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),