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The Florida Senate

2003 Florida Statutes

SECTION 37
Fines, fees, service charges, and costs remitted to the state.
Section 28.37, Florida Statutes 2003

28.37  Fines, fees, service charges, and costs remitted to the state.--

(1)  Pursuant to s. 14(b), Art. V of the State Constitution, selected salaries, costs, and expenses of the state courts system and court-related functions shall be funded from a portion of the revenues derived from statutory fines, fees, service charges, and costs collected by the clerks of the court.

(2)  Beginning August 1, 2004, except as otherwise provided in ss. 28.241 and 34.041, one-third of all fines, fees, service charges, and costs collected by the clerks of the court during the prior month for the performance of court-related functions shall be remitted to the Department of Revenue for deposit in the Department of Revenue Clerks of the Court Trust Fund. These collections do not include funding received for the operation of the Title IV-D child support collections and disbursement program. The clerk of the court shall remit the revenues collected during the prior month due to the state on or before the 5th day of each month. The Department of Revenue shall make a monthly transfer of the funds in the Department of Revenue Clerks of the Court Trust Fund that are not needed to resolve clerk of the court budget deficits, as specified in s. 28.36, to the General Revenue Fund.

(3)  Beginning January 1, 2005, for the period July 1, 2004, through September 30, 2004, and each January 1 thereafter for the preceding county fiscal year of October 1 through September 30, the clerk of the court must remit to the Department of Revenue for deposit in the General Revenue Fund the cumulative excess of all statutory fines, fees, service charges, and costs collected for the clerk's court-related functions over the amount needed to meet the approved budget amounts established under s. 28.36

(4)  The Department of Revenue shall adopt rules governing the remittance of the funds to be transferred to the General Revenue Fund under this section, the required forms and procedures, and penalties for failure to comply. The department shall collect any funds that the Clerk of Court Operations Conference determines upon investigation were due on January 1 but not remitted to the department.

History.--s. 38, ch. 2003-402.