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.

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