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Ch_2009-204

Ch_2009-204

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Published by T. Anthony Webster

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Published by: T. Anthony Webster on Nov 13, 2010
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CHAPTER 2009-204Committee Substitute forCommittee Substitute for Senate Bill No. 2108
 An act relating to the clerks of court; amending s. 28.241, F.S.; redi-recting a portion of certain civil filing fees to the Clerks of the CourtTrust Fund within the Justice Administrative Commission; revisinga requirement that a portion of such fees be deposited into theDepartment of Financial Services Administrative Trust Fund for aspecified purpose; eliminating a requirement that a portion of suchfees be deposited into the Clerks of the Court Trust Fund; conform-ing terminology to changes made by the act; amending s. 28.246,F.S.; conforming terminology to changes made by the act; requiringthe clerk to refer certain unpaid accounts to a private attorney or acollection agent; amending s. 28.35, F.S.; providing for the FloridaClerks of Court Operations Corporation to be administrativelyhoused within the Justice Administrative Commission; providingthat the corporation is not subject to control, supervision, or direc-tion by the commission; requiring employees of the corporation to begoverned by the classification, salary, and benefits plan of the com-mission in a separate chapter; providing for legislative designees tothe corporation’s executive council; requiring the Chief Justice of theSupreme Court to designate a member of the corporation’s executivecouncil to represent the state courts system; deleting provisionsexempting the corporation from ch. 287, F.S., relating to procure-ment, and from ch. 120, F.S., relating to administrative procedures;revising the duties of the corporation; requiring that the corporationdevelop measures and standards for reviewing the performance of clerks of court and notify the Legislature and the Supreme Court of any clerk not meeting the standards; conforming cross-references;deleting provisions relating to the certification of the amount of theproposed budget for each clerk; providing for the clerks of court tobe funded pursuant to state appropriations rather than from filingfees, service charges, court costs, and fines; providing for the corpo-ration to be funded pursuant to the General Appropriations Actrather than a contract with the Chief Financial Officer; requiringthe corporation to submit a legislative budget request; revising re-quirements for the audits of clerks of court; amending s. 28.36, F.S.;providing a procedure for the clerks of court to prepare budget re-quests for submission to the Florida Clerks of Court OperationsCorporation, with a copy to the Supreme Court; providing require-ments for the budget requests; requiring the corporation to deter-mine whether projected court-related revenues are less than theproposed budget for a clerk; requiring that a clerk increase fees andservice charges to resolve a deficit; requiring the corporation to com-pare a clerk’s expenditures and costs with the clerk’s peer group andfor the clerk to submit documentation justifying higher expendi-tures; requiring that the corporation and the Chief Financial Officerreview the clerks’ budget requests and make recommendations tothe Legislature; authorizing the Chief Financial Officer to conduct,
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and the Chief Justice of the Supreme Court to request, an audit of the corporation or a clerk of court; providing for the Legislature tomake appropriations for the budgets of the clerks; requiring that thecorporation release appropriations; specifying criteria for such re-lease; deleting obsolete provisions; deleting provisions authorizingthe Legislative Budget Commission to approve budgets; amendings. 28.37, F.S.; clarifying the requirement for depositing court-relatedfines, fees, service charges, and costs into the Clerks of the CourtTrust Fund within the Justice Administrative Commission; requir-ing that a specified percentage of all court-related fines collected bythe clerk be deposited into the clerk’s Public Records ModernizationTrust Fund and used exclusively for additional court-related opera-tional needs and programs; deleting obsolete provisions relating tothe funding of the clerks of court; amending s. 28.43, F.S.; conform-ing terminology to changes made by the act; amending s. 34.041,F.S., relating to filing fees; conforming provisions to changes madeby the act; amending s. 43.16, F.S., relating to the duties of theJustice Administrative Commission; conforming provisions to thetransfer of the Florida Clerks of Court Operations Corporation to thecommission; amending s. 43.27, F.S.; requiring that the clerk of court obtain the consent of the chief judge of the circuit concerningthe clerk’s office hours; amending s. 45.035, F.S.; revising the servicecharge for certain sales conducted by electronic means; requiring theservice charge to be paid by the winning bidder; amending s.110.205, F.S.; providing that positions in the Florida Clerks of CourtOperations Corporation are excluded from career service exemption;amending s. 142.01, F.S.; requiring the deposit of revenues receivedin the fine and forfeiture funds of the clerks of court into the Clerksof the Court Trust Fund within the Justice Administrative Commis-sion; amending s. 197.542, F.S.; adding the costs to conduct an elec-tronic tax deed sale to certain other costs which must be paid by thecertificate holder; amending s. 213.131, F.S.; conforming terminol-ogy and provisions to changes made by the act; amending s. 216.011,F.S.; redefining the term “state agency” for purposes of the fiscalaffairs of the state to include the Florida Clerks of Court OperationsCorporation; amending s. 318.18, F.S.; authorizing certain local gov-ernments to impose a surcharge on certain infractions or violationsto repay bonds relating to court facilities; requiring a clerk of courtto report the amount of surcharge collections; requiring that theclerks of court submit financial data to the Executive Office of theGovernor; requiring the Office of Program Policy Analysis and Gov-ernment Accountability, in consultation with the Chief FinancialOfficer and the Auditor General, to provide a report regarding theoperation and relationship of the clerks of court and the courts to theLegislature by a specified date; providing report requirements; re-quiring the Technology Review Workgroup to develop a proposedplan for identifying and recommending options for implementing theintegrated computer system and submit the plan to the Legislatureby a specified date; providing plan requirements; providing specifiedrestrictions for the purchase of computer software and hardware;providing an exception; transferring the Clerks of the Court Trust
Ch. 2009-204LAWS OF FLORIDACh. 2009-204
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Fund from the Department of Revenue to the Justice AdministrativeCommission; providing a finding that the act fulfills an importantstate interest; repealing ss. 25.311, 25.321, 25.331, 25.361, and25.381, F.S., relating to the distribution and resupply of copies of thereports of decisions of the Supreme Court and district court of ap-peals, the declaration that such reports remain the public propertyof the state, the authorization of the Supreme Court to obtain statepublications for exchange purposes, and the publication, purchase,and distribution of the reports of the opinions of the Supreme Courtand the district courts of appeal, respectively; providing an effectivedate.Be It Enacted by the Legislature of the State of Florida:Section 1. Subsections (1) and (2) of section 28.241, Florida Statutes, areamended to read:28.241 Filing fees for trial and appellate proceedings.—(1)(a) The party instituting any civil action, suit, or proceeding in thecircuit court shall pay to the clerk of that court a filing fee of up to $295 inall cases in which there are not more than five defendants and an additionalfiling fee of up to $2.50 for each defendant in excess of five. Of the first $85in filing fees, $80 must be remitted by the clerk to the Department of Revenue for deposit into the General Revenue Fund, $3.50 and $5 must beremitted to the Department of Revenue for deposit into the Clerks of theCourt Trust Fund within the Justice Administrative Commission and usedDepartment of Financial Services’ Administrative Trust Fund to fund thecontract with the Florida Clerks of Court Operations Corporation created ins. 28.35, and $1.50 shall be remitted to the Department of Revenue fordeposit into the Administrative Trust Fund within the Department of Fi-nancial Services to fund clerk budget reviews conducted by the Departmentof Financial Services. The next $15 of the filing fee collected shall be depos-ited in the state courts’ Mediation and Arbitration Trust Fund. One-thirdof any filing fees collected by the clerk of the circuit court in excess of $100shall be remitted to the Department of Revenue for deposit into the Depart-ment of Revenue Clerks of the Court Trust Fund within the Justice Adminis-trative Commission. An additional filing fee of $4 shall be paid to the clerk.The clerk shall remit $3.50 to the Department of Revenue for deposit intothe Court Education Trust Fund and shall remit 50 cents to the Departmentof Revenue for deposit into the Clerks of the Court Department of FinancialServices Administrative Trust Fund within the Justice AdministrativeCommission to fund clerk education. An additional filing fee of up to $18shall be paid by the party seeking each severance that is granted. The clerkmay impose an additional filing fee of up to $85 for all proceedings of garnishment, attachment, replevin, and distress. Postal charges incurred bythe clerk of the circuit court in making service by certified or registered mailon defendants or other parties shall be paid by the party at whose instanceservice is made. No additional fees, charges, or costs shall be added to thefiling fees imposed under this section, except as authorized herein or bygeneral law.
Ch. 2009-204LAWS OF FLORIDACh. 2009-204
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