Bill Text: FL S1080 | 2015 | Regular Session | Comm Sub
Bill Title: Clerks of the Circuit Court
Spectrum: Bipartisan Bill
Status: (Failed) 2015-05-01 - Died in Appropriations Subcommittee on Criminal and Civil Justice [S1080 Detail]
Download: Florida-2015-S1080-Comm_Sub.html
Florida Senate - 2015 CS for SB 1080
By the Committee on Judiciary; and Senator Dean
590-02822-15 20151080c1
1 A bill to be entitled
2 An act relating to clerks of the circuit court;
3 amending s. 28.241, F.S.; redirecting revenues from
4 the filing fee for pleadings in specified civil
5 actions in circuit court from the General Revenue Fund
6 into the fine and forfeiture fund; amending s. 28.35,
7 F.S.; expanding the list of duties of the Florida
8 Clerks of Court Operations Corporation; revising the
9 list of court-related functions that clerks may fund
10 from filing fees, service charges, costs, and fines;
11 amending s. 28.37, F.S.; removing an obsolete date;
12 redirecting transfer of specified excess funds from
13 the General Revenue Fund to the Clerks of the Court
14 Trust Fund if certain future-year revenue deficits are
15 estimated; restricting excess fund transfers to costs
16 submitted for the previous county fiscal year;
17 amending s. 40.24, F.S.; authorizing the clerk to seek
18 reimbursement for jury-related costs from the state;
19 amending s. 40.29, F.S.; requiring the clerk to
20 forward quarterly estimates on jury-related costs to
21 the Florida Clerks of Court Operations Corporation;
22 revising procedures governing the payment of due
23 process costs; amending s. 40.31, F.S.; authorizing
24 the Florida Clerks of Court Operations Corporation to
25 apportion appropriations for jury-related costs if
26 certain conditions are met; amending s. 40.32, F.S.;
27 removing a provision regarding funding of jury-related
28 costs to conform to changes made by the act; amending
29 s. 40.33, F.S.; authorizing the clerk to request the
30 Florida Clerks of Court Operations Corporation for
31 additional funds to pay due-process costs in the event
32 of a deficiency; amending s. 40.34, F.S.; requiring
33 the clerk to provide for payroll in triplicate for the
34 payment of jurors; requiring the clerk to forward
35 juror payrolls to the Florida Clerks of Courts
36 Operations Corporation; requiring the corporation to
37 audit such payrolls; amending s. 318.18, F.S.;
38 redirecting a portion of the revenue from the civil
39 penalty for certain traffic infractions from the
40 General Revenue Fund to the fine and forfeiture fund;
41 removing an obsolete date; amending s. 318.21, F.S.;
42 revising the distribution and payment of civil
43 penalties received by a county court pursuant to ch.
44 318, F.S.; amending s. 775.083, F.S.; redirecting
45 revenue from fines when adjudication is withheld from
46 the General Revenue Fund to the fine and forfeiture
47 fund; specifying the authorized budget for the clerks
48 of the circuit court for the 2015-2016 county fiscal
49 year; providing an effective date.
50
51 Be It Enacted by the Legislature of the State of Florida:
52
53 Section 1. Paragraph (c) of subsection (1) of section
54 28.241, Florida Statutes, is amended to read:
55 28.241 Filing fees for trial and appellate proceedings.—
56 (1) Filing fees are due at the time a party files a
57 pleading to initiate a proceeding or files a pleading for
58 relief. Reopen fees are due at the time a party files a pleading
59 to reopen a proceeding if at least 90 days have elapsed since
60 the filing of a final order or final judgment with the clerk. If
61 a fee is not paid upon the filing of the pleading as required
62 under this section, the clerk shall pursue collection of the fee
63 pursuant to s. 28.246.
64 (c)1. A party in addition to a party described in sub
65 subparagraph (a)1.a. who files a pleading in an original civil
66 action in circuit court for affirmative relief by cross-claim,
67 counterclaim, counterpetition, or third-party complaint shall
68 pay the clerk of court a fee of $395. A party in addition to a
69 party described in sub-subparagraph (a)1.b. who files a pleading
70 in an original civil action in circuit court for affirmative
71 relief by cross-claim, counterclaim, counterpetition, or third
72 party complaint shall pay the clerk of court a fee of $295. The
73 clerk shall deposit remit the fee to the Department of Revenue
74 for deposit into the fine and forfeiture fund established
75 pursuant to s. 142.01 General Revenue Fund.
76 2. A party in addition to a party described in subparagraph
77 (a)2. who files a pleading in an original civil action in
78 circuit court for affirmative relief by cross-claim,
79 counterclaim, counterpetition, or third-party complaint shall
80 pay the clerk of court a graduated fee of:
81 a. Three hundred and ninety-five dollars in all cases in
82 which the value of the pleading is $50,000 or less;
83 b. Nine hundred dollars in all cases in which the value of
84 the pleading is more than $50,000 but less than $250,000; or
85 c. One thousand nine hundred dollars in all cases in which
86 the value of the pleading is $250,000 or more.
87
88 The clerk shall deposit remit the fees collected under this
89 subparagraph to the Department of Revenue for deposit into the
90 fine and forfeiture fund established pursuant to s. 142.01
91 General Revenue Fund.
92 Section 2. Paragraph (i) is added to subsection (2) of
93 section 28.35, Florida Statutes, and paragraph (a) of subsection
94 (3) of that section is amended, to read:
95 28.35 Florida Clerks of Court Operations Corporation.—
96 (2) The duties of the corporation shall include the
97 following:
98 (i) Paying jury-related invoices submitted by the clerks of
99 the circuit court pursuant to s. 40.29.
100 (3)(a) The list of court-related functions that clerks may
101 fund from filing fees, service charges, costs, and fines is
102 limited to those functions expressly authorized by law or court
103 rule. Those functions include the following: case maintenance;
104 records management; court preparation and attendance; processing
105 the assignment, reopening, and reassignment of cases; processing
106 of appeals; collection and distribution of fines, fees, service
107 charges, and court costs; processing of bond forfeiture
108 payments; payment of jurors and witnesses; payment of expenses
109 for meals or lodging provided to jurors; data collection and
110 reporting; processing of jurors; determinations of indigent
111 status; and paying reasonable administrative support costs to
112 enable the clerk of the court to carry out these court-related
113 functions.
114 Section 3. Subsections (2) and (3) of section 28.37,
115 Florida Statutes, are amended to read:
116 28.37 Fines, fees, service charges, and costs remitted to
117 the state.—
118 (2) The Beginning November 1, 2013, that portion of all
119 fines, fees, service charges, and costs collected by the clerks
120 of the court for the previous month which is in excess of one
121 twelfth of the clerks’ total budget for the performance of
122 court-related functions shall be remitted to the Department of
123 Revenue for deposit into the Clerks of the Court Trust Fund.
124 Such collections do not include funding received for the
125 operation of the Title IV-D child support collections and
126 disbursement program. The clerk of the court shall remit the
127 revenues collected during the previous month due to the state on
128 or before the 10th day of each month.
129 (3) Each year, no later than January 25, 2015, and each
130 January 25 thereafter for the previous county fiscal year, the
131 clerks of court, in consultation with the Florida Clerks of
132 Court Operations Corporation, shall remit to the Department of
133 Revenue for deposit into the Clerks of the Court Trust in the
134 General Revenue Fund the cumulative excess of all fines, fees,
135 service charges, and costs retained by the clerks of the court,
136 plus any funds received by the clerks of the court from the
137 Clerks of the Court Trust Fund under s. 28.36(3), which exceed
138 the amount needed to meet their authorized budget amounts
139 established under s. 28.35. The Department of Revenue shall
140 transfer from the Clerks of the Court Trust Fund to the General
141 Revenue Fund the cumulative excess of all fines, fees, service
142 charges, and costs submitted by the clerks of court for the
143 previous county fiscal year pursuant to this section subsection
144 (2). However, if the official estimate for funds accruing to the
145 clerks of court made by the Revenue Estimating Conference for
146 the current fiscal year or the next 2 fiscal years year is less
147 than the cumulative amount of authorized budgets for the clerks
148 of court for the current fiscal year, the Department of Revenue
149 shall retain in the Clerks of the Court Trust Fund the estimated
150 amount needed to fully fund the clerks of court for the current
151 and next 2 fiscal years year based upon the current budget
152 established under s. 28.35.
153 Section 4. Present subsections (6) through (8) of section
154 40.24, Florida Statutes, are redesignated as subsections (7)
155 through (9), respectively, and a new subsection (6) is added to
156 that section, to read:
157 40.24 Compensation and reimbursement policy.—
158 (6) Clerks of the circuit court are entitled to
159 reimbursement from the state for jury-related costs, including
160 juror compensation and personnel and operational costs of the
161 clerk directly related to jury management.
162 Section 5. Section 40.29, Florida Statutes, is amended to
163 read:
164 40.29 Payment of due-process costs.—
165 (1) Each clerk of the circuit court:,
166 (a) On behalf of the state attorney, private court
167 appointed counsel, the public defender, and the criminal
168 conflict and civil regional counsel, shall forward to the
169 Justice Administrative Commission, by county, a quarterly
170 estimate of funds necessary to pay for ordinary witnesses,
171 including, but not limited to, witnesses in civil traffic cases
172 and witnesses of the state attorney, the public defender,
173 criminal conflict and civil regional counsel, private court
174 appointed counsel, and persons determined to be indigent for
175 costs. Each quarter of the state fiscal year, the commission,
176 based upon the estimates, shall advance funds to each clerk to
177 pay for these ordinary witnesses from state funds specifically
178 appropriated for the payment of ordinary witnesses.
179 (b) Shall forward a quarterly estimate of funds necessary
180 to pay jury-related costs, by county, to the Florida Clerks of
181 Court Operations Corporation.
182 (2) Upon receipt of an estimate pursuant to subsection (1),
183 the Justice Administrative Commission or the Florida Clerks of
184 Court Operations Corporation, as applicable, shall endorse the
185 amount deemed necessary for payment by the clerk of the court
186 during the quarterly fiscal period and shall submit a request
187 for payment to the Chief Financial Officer.
188 (3) Upon receipt of the funds from the Chief Financial
189 Officer, the clerk of the court shall pay all invoices approved
190 and submitted by the state attorney, the public defender, the
191 clerk of the court, criminal conflict and civil regional
192 counsel, and private court-appointed counsel for the items
193 enumerated in subsection (1).
194 (4) After review for compliance with applicable rates and
195 requirements, the Justice Administrative Commission or the
196 Florida Clerks of Court Operations Corporation, as applicable,
197 shall pay all invoices related to due process services and
198 juries service related invoices, except those enumerated in
199 subsection (1), approved and submitted by the state attorney,
200 the public defender, the clerk of the court, criminal conflict
201 and civil regional counsel, or private court-appointed counsel
202 in accordance with the applicable requirements of ss. 29.005,
203 29.006, and 29.007.
204 Section 6. Section 40.31, Florida Statutes, is amended to
205 read:
206 40.31 Apportionment of appropriations Justice
207 Administrative Commission may apportion appropriation.—
208 (1) If the Justice Administrative Commission has reason to
209 believe that the amount appropriated by the Legislature is
210 insufficient to meet the expenses of witnesses during the
211 remaining part of the state fiscal year, the commission may
212 apportion the money in the treasury for that purpose among the
213 several counties, basing such apportionment upon the amount
214 expended for the payment of witnesses in each county during the
215 prior fiscal year. In such case, each county shall be paid by
216 warrant, issued by the Chief Financial Officer, only the amount
217 so apportioned to each county, and, when the amount so
218 apportioned is insufficient to pay in full all the witnesses
219 during a quarterly fiscal period, the clerk of the court shall
220 apportion the money received pro rata among the witnesses
221 entitled to pay and shall give to each witness a certificate of
222 the amount of compensation still due, which certificate shall be
223 held by the commission as other demands against the state.
224 (2) If the Florida Clerks of Court Operations Corporation
225 has reason to believe that the amount appropriated by the
226 Legislature is insufficient to meet jury-related costs during
227 the remaining part of the state fiscal year, the corporation may
228 apportion the money in the treasury for that purpose among the
229 several counties, basing such apportionment upon the amount
230 expended for jury-related costs in each county during the prior
231 fiscal year. In such case, each county shall be paid by warrant,
232 issued by the Chief Financial Officer, only the amount so
233 apportioned to each county. When the amount so apportioned is
234 insufficient to pay in full all jury-related costs during a
235 quarterly fiscal period, the clerk of the court shall pay jurors
236 entitled to pay before reimbursing any other jury-related costs.
237 If the amount so apportioned is insufficient to pay in full all
238 jurors during a quarterly fiscal period, the clerk of the court
239 shall apportion the money received pro rata among the jurors
240 entitled to pay and shall give to each juror a certificate of
241 the amount of compensation still due, which certificate shall be
242 held by the Florida Clerks of Court Operations Corporation as
243 other demands against the state.
244 Section 7. Section 40.32, Florida Statutes, is amended to
245 read:
246 40.32 Clerks to disburse money; payments to jurors and
247 witnesses.—
248 (1) All moneys drawn from the treasury under the provisions
249 of this chapter by the clerk of the court shall be disbursed by
250 the clerk of the court as far as needed in payment of jurors and
251 witnesses, except for expert witnesses paid under a contract or
252 other professional services agreement pursuant to ss. 29.004,
253 29.005, 29.006, and 29.007, for the legal compensation for
254 service during the quarterly fiscal period for which the moneys
255 were drawn and for no other purposes.
256 (2) The payment of jurors and the payment of expenses for
257 meals and lodging for jurors under the provisions of this
258 chapter are court-related functions that the clerk of the court
259 shall fund from filing fees, service charges, court costs, and
260 fines as part of the maximum annual budget under ss. 28.35 and
261 28.36.
262 (2)(3) Jurors and witnesses shall be paid by the clerk of
263 the court in cash, by check, or by warrant within 20 days after
264 completion of jury service or completion of service as a
265 witness.
266 (a) If the clerk of the court pays a juror or witness by
267 cash, the juror or witness shall sign the payroll in the
268 presence of the clerk, a deputy clerk, or some other person
269 designated by the clerk.
270 (b) If the clerk pays a juror or witness by warrant, he or
271 she shall endorse on the payroll opposite the juror’s or
272 witness’s name the words “Paid by warrant,” giving the number
273 and date of the warrant.
274 Section 8. Section 40.33, Florida Statutes, is amended to
275 read:
276 40.33 Deficiency.—If the funds required for payment of the
277 items enumerated in s. 40.29(1) in any county during a quarterly
278 fiscal period exceeds the amount of the funds provided pursuant
279 to s. 40.29(3), the state attorney, public defender, clerk of
280 the circuit court, or criminal conflict and civil regional
281 counsel, as applicable, shall make a further request upon the
282 Justice Administrative Commission or the Florida Clerks of Court
283 Operations Corporation, as applicable, for the items enumerated
284 in s. 40.29(1) for the amount necessary to allow for full
285 payment.
286 Section 9. Section 40.34, Florida Statutes, is amended to
287 read:
288 40.34 Clerks to make triplicate payroll.—
289 (1) The clerk of the court shall make out a payroll in
290 triplicate for the payment of jurors and witnesses, which
291 payroll shall contain:
292 (a) The name of each juror and witness entitled to be paid
293 with state funds;
294 (b) The number of days for which the jurors and witnesses
295 are entitled to be paid;
296 (c) The number of miles traveled by each; and
297 (d) The total compensation each juror and witness is
298 entitled to receive.
299 (2) The form of such payroll shall be prescribed by the
300 Chief Financial Officer.
301 (3) Compensation paid a juror or witness shall be attested
302 as provided in s. 40.32. The payroll shall be approved by the
303 signature of the clerk, or his or her deputy, except for the
304 payroll as to witnesses appearing before the state attorney,
305 which payroll shall be approved by the signature of the state
306 attorney or an assistant state attorney.
307 (4) The clerks of the courts shall forward two copies of
308 such payrolls:
309 (a) Related to witnesses to the Justice Administrative
310 Commission, within 2 weeks after the last day of the quarterly
311 fiscal period, and the commission shall audit such payrolls.
312 (b) Related to jurors to the Florida Clerks of Court
313 Operations Corporation, within 2 weeks after the last day of the
314 quarterly fiscal period, and the corporation shall audit such
315 payrolls.
316 Section 10. Paragraph (a) of subsection (8) and paragraph
317 (a) of subsection (15) of section 318.18, Florida Statutes, are
318 amended to read:
319 318.18 Amount of penalties.—The penalties required for a
320 noncriminal disposition pursuant to s. 318.14 or a criminal
321 offense listed in s. 318.17 are as follows:
322 (8)(a) Any person who fails to comply with the court’s
323 requirements or who fails to pay the civil penalties specified
324 in this section within the 30-day period provided for in s.
325 318.14 must pay an additional civil penalty of $16, $6.50 of
326 which must be deposited into the fine and forfeiture fund
327 established pursuant to s. 142.01 remitted to the Department of
328 Revenue for deposit in the General Revenue Fund, and $9.50 of
329 which must be remitted to the Department of Revenue for deposit
330 in the Highway Safety Operating Trust Fund. Of this additional
331 civil penalty of $16, $4 is not revenue for purposes of s. 28.36
332 and may not be used in establishing the budget of the clerk of
333 the court under that section or s. 28.35. The department shall
334 contract with the Florida Association of Court Clerks, Inc., to
335 design, establish, operate, upgrade, and maintain an automated
336 statewide Uniform Traffic Citation Accounting System to be
337 operated by the clerks of the court which shall include, but not
338 be limited to, the accounting for traffic infractions by type, a
339 record of the disposition of the citations, and an accounting
340 system for the fines assessed and the subsequent fine amounts
341 paid to the clerks of the court. On or before December 1, 2001,
342 The clerks of the court must provide the information required by
343 this chapter to be transmitted to the department by electronic
344 transmission pursuant to the contract.
345 (15)(a)1. One hundred and fifty-eight dollars for a
346 violation of s. 316.074(1) or s. 316.075(1)(c)1. when a driver
347 has failed to stop at a traffic signal and when enforced by a
348 law enforcement officer. Sixty dollars shall be distributed as
349 provided in s. 318.21, $30 shall be deposited into the fine and
350 forfeiture fund established pursuant to s. 142.01 distributed to
351 the General Revenue Fund, $3 shall be remitted to the Department
352 of Revenue for deposit into the Brain and Spinal Cord Injury
353 Trust Fund, and the remaining $65 shall be remitted to the
354 Department of Revenue for deposit into the Emergency Medical
355 Services Trust Fund of the Department of Health.
356 2. One hundred and fifty-eight dollars for a violation of
357 s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
358 stop at a traffic signal and when enforced by the department’s
359 traffic infraction enforcement officer. One hundred dollars
360 shall be remitted to the Department of Revenue for deposit into
361 the General Revenue Fund, $45 shall be distributed to the county
362 for any violations occurring in any unincorporated areas of the
363 county or to the municipality for any violations occurring in
364 the incorporated boundaries of the municipality in which the
365 infraction occurred, $10 shall be remitted to the Department of
366 Revenue for deposit into the Department of Health Emergency
367 Medical Services Trust Fund for distribution as provided in s.
368 395.4036(1), and $3 shall be remitted to the Department of
369 Revenue for deposit into the Brain and Spinal Cord Injury Trust
370 Fund.
371 3. One hundred and fifty-eight dollars for a violation of
372 s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
373 stop at a traffic signal and when enforced by a county’s or
374 municipality’s traffic infraction enforcement officer. Seventy
375 five dollars shall be distributed to the county or municipality
376 issuing the traffic citation, $70 shall be remitted to the
377 Department of Revenue for deposit into the General Revenue Fund,
378 $10 shall be remitted to the Department of Revenue for deposit
379 into the Department of Health Emergency Medical Services Trust
380 Fund for distribution as provided in s. 395.4036(1), and $3
381 shall be remitted to the Department of Revenue for deposit into
382 the Brain and Spinal Cord Injury Trust Fund.
383 Section 11. Paragraphs (a) and (f) of subsection (2) of
384 section 318.21, Florida Statutes, are amended to read:
385 318.21 Disposition of civil penalties by county courts.—All
386 civil penalties received by a county court pursuant to the
387 provisions of this chapter shall be distributed and paid monthly
388 as follows:
389 (2) Of the remainder:
390 (a) Twenty and Six-tenths percent shall be remitted to the
391 Department of Revenue for deposit into the General Revenue Fund
392 of the state, except that the first $300,000 shall be deposited
393 into the Grants and Donations Trust Fund in the Justice
394 Administrative Commission for administrative costs, training
395 costs, and costs associated with the implementation and
396 maintenance of Florida foster care citizen review panels in a
397 constitutional charter county as provided for in s. 39.702.
398 (f) Twenty and five-tenths percent shall be deposited into
399 the fine and forfeiture fund established pursuant to s. 142.01
400 paid to the clerk of the court for administrative costs.
401 Section 12. Subsection (1) of section 775.083, Florida
402 Statutes, is amended to read:
403 775.083 Fines.—
404 (1) A person who has been convicted of an offense other
405 than a capital felony may be sentenced to pay a fine in addition
406 to any punishment described in s. 775.082; when specifically
407 authorized by statute, he or she may be sentenced to pay a fine
408 in lieu of any punishment described in s. 775.082. A person who
409 has been convicted of a noncriminal violation may be sentenced
410 to pay a fine. Fines for designated crimes and for noncriminal
411 violations may shall not exceed:
412 (a) $15,000, when the conviction is of a life felony.
413 (b) $10,000, when the conviction is of a felony of the
414 first or second degree.
415 (c) $5,000, when the conviction is of a felony of the third
416 degree.
417 (d) $1,000, when the conviction is of a misdemeanor of the
418 first degree.
419 (e) $500, when the conviction is of a misdemeanor of the
420 second degree or a noncriminal violation.
421 (f) Any higher amount equal to double the pecuniary gain
422 derived from the offense by the offender or double the pecuniary
423 loss suffered by the victim.
424 (g) Any higher amount specifically authorized by statute.
425
426 Fines imposed in this subsection shall be deposited by the clerk
427 of the court in the fine and forfeiture fund established
428 pursuant to s. 142.01, except that the clerk shall remit fines
429 imposed when adjudication is withheld to the Department of
430 Revenue for deposit in the General Revenue Fund. If a defendant
431 is unable to pay a fine, the court may defer payment of the fine
432 to a date certain. As used in this subsection, the term
433 “convicted” or “conviction” means a determination of guilt which
434 is the result of a trial or the entry of a plea of guilty or
435 nolo contendere, regardless of whether adjudication is withheld.
436 Section 13. For the 2015-2016 county fiscal year beginning
437 October 1, 2015, and ending September 30, 2016, the total
438 approved budgets for the clerks of the circuit court shall be
439 $460 million. Notwithstanding any provision of s. 28.36, Florida
440 Statutes, clerks of the circuit court are authorized to spend
441 $460 million of their total collected revenues for the 2015-2016
442 county fiscal year. The Florida Clerks of Court Operations
443 Corporation shall determine budget allocations for individual
444 clerks of the circuit court for such fiscal year.
445 Section 14. This act shall take effect October 1, 2015.
